The Indiana police officer before beating the man in handcuffs: "If you spit again, let's go...

The Indiana police officer before beating the man in handcuffs: "If you spit again, let's go... https://i2.wp.com/www.eresviral.com/wp-content/uploads/2018/11/El-oficial-de-policía-de-Indiana-antes-de-golpear-al-hombre-esposado-quotSi-escupes-de-nuevo-vamos-a-ir-de-fiestaquot.jpg?fit=219%2C146&ssl=1

The Indiana police officer before beating the man in handcuffs: "If you spit again, let's go party"













					


			    







The mayor of Elkhart, Indiana, said Monday "in retrospect" that his chief of police should have imposed a harsher punishment than reprimands on a pair of officers who now face criminal charges for repeatedly hitting a man in handcuffs. 

At the same time, Mayor Tim Neese defended Chief Ed Windbigler, who previously told a civilian oversight board that the two officers had "exaggerated a bit" with a man in custody, while not saying that blows had been thrown. Windbigler also told the supervisory board that no one was injured, despite the video showing the man who was taken from the police station on a stretcher.

"I think probably Chief Windbigler was not trying to fool anyone," Neese said.

The city announced Friday that charges would be filed for misdemeanors against officers Cory Newland and Joshua Titus for their role in the incident. In Monday's interview, the mayor said the case was only sent to prosecutors after a reporter from the South Bend Tribune requested a copy of the video of the incident.

Meanwhile, a review of the video of The Tribune and ProPublica shows that the mayor's son, the sergeant. Drew Neese and Jason Ray, a corporal who is president of the Elkhart lodge of the Fraternal Order of Police, were in the room when two of his colleagues beat the man. They approached after their fellow officers started throwing punches.





            [youtube https://www.youtube.com/watch?v=Lf0STUovdqc&w=560&h=315]

        



When asked about the actions of those officers, including his son, Tim Neese said: "Some officers could have done more, and some officers probably could have done less."

Although the video shows the handcuffed man bleeding from his head after the beating, Tim Neese said he was not convinced that the injuries resulted from the officers' blows. The mayor said the man was injured during a domestic riot before his arrest.

"I have no reason to believe that he suffered injuries in the Elkhart Police Department," Neese said.

When a Tribune reporter asked him if the blows themselves could be considered harmful, Neese said: "I guess it's a subjective call."

Tribune and ProPublica are associated in a criminal justice investigation in Elkhart, in relation to the responsibility of the police, among other issues.

On Friday, the Police Department issued a 30-second videoclip of the beating, which occurred on January 12 in a detention area at the police station. That clip shows Newland and Titus pushing the man, Mario Guerrero Ledesma, to the ground and punching him after he spits at Newland. Newland and Titus did not return calls for comment.

Through a request for public records, Tribune and ProPublica also obtained images that show the 30-minute chain of events from the moment Ledesma arrives in a patrol car until the moment doctors take him on a stretcher. 

The video shows Newland approaching while Ledesma is still in the patrol car.



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"Hey, are you going to relax?" Newland asks. "No, you're not going to relax? Well, let's have some fun, then, huh?

Within the reserve area, Ledesma rejects a breathalyzer test. In a moment, he spits on the ground, near Titus' feet.

"Do not spit, I tell you, that's the last time I'll ask you," says Newland. "I asked you in the car; I'll ask you here, okay? Not spit.

You hear Ledesma murmur and moan in the video.

"It's okay, if you spit again, we're going to celebrate," says Newland.

Six minutes later, Ledesma prepares to spit at Newland, and the officer warns him not to. While Ledesma spits, Newland and Titus immediately push him to the floor and together they hit him at least 10 times. The officers leave Ledesma lying on the floor, bleeding, for about six minutes.

Ray says, "for," several times while the piercing comes to an end. Neither Ray nor Drew Neese could be contacted for comment.

Mayor Neese said his son was not disciplined for his role in the incident.

Tim Neese said Monday that he heard about the beating about three weeks ago, when he was told that the Tribune had requested a copy of any video that the police department had reported on the incident. The mayor said he saw the video himself and decided that the county prosecutor's office should be notified.



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Ledesma finally pleaded guilty to minor crimes of domestic aggression and resistance to the authorities. He was sentenced to one year in prison, with 133 days of suspension.

A Tribune journalist requested the video from Ledesma after observing a disparity between Windbigler's public description of the city's Police Merit Commission and what the chief wrote in personnel records.

In reprimand letters to Newland and Titus, both dated June 12, Windbigler wrote: "I fully understand how to defend myself during an altercation, but hitting a handcuffed subject on the face is not acceptable and will not be tolerated. that our emotions direct our reactions or reactions to situations like this.

Speaking to the merit commission on June 25, Windbigler said Newland "had no other incidents in his file, so this is his first incident of any kind of force." Although Newland did not have previous writings for excessive force, its record included six previous suspensions and two reprimands, issued between 2009 and 2013.

The misconduct for which he was suspended included the sending of text messages to a woman who had arrested for public nudity, asking him to "hang out"; by not recording numerous calls and traffic stops; and by not investigating, then lying about a domestic violence report. The year after Newland was forcibly joined, the chief of police suggested that he seek counseling to control anger, according to a letter of suspension.

Neese said Windbigler may have wanted to say that Newland had no prior discipline since taking office as head in January 2016.

Windbigler, telling the commission that he had opted to punish the two officers with reprimands, described his actions as "a bit too rough."

On Monday, Neese said he thought the boss should have dictated more severe punishments.

"I think that in retrospect, what we know about what happened, probably a slightly more severe discipline would have been appropriate," Neese said. But he said he had no major concerns about the boss's decision-making.

"He and I have had several conversations since this incident happened, and I know that Chief Windbigler believes that this could have been handled differently, but I have a lot of confidence in him."

Windbigler, through a department spokesman, rejected an application for an interview on Monday.

On Monday, Tribune and ProPublica attempted to contact each of the five members of the Police Merit Commission for comment.

Arrived by telephone, Thomas Barber, who is a vice president of the commission, said: "That is an ongoing investigation, sir, and I can not comment at this time." Thank you.

Brad Billings, who appears as secretary of the commission, did not return phone or email messages. Roger Mansfield did not return a telephone message. Efforts to reach the other two members, James Rieckhoff, the chairman of the commission and Clifton Hildreth, were also unsuccessful

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