Father sues police afterpepper spraying
Marco and Dillon Puente, a father and son, say that living in the city of Keller, Texas, often means looking over their shoulder.
As Hispanicmenin Keller, whose population is 87% white, Marco Puente said that for him and his son, there is a sense that “every time yousee a cop, it’s: Is this cop going to pull us over? Are they going to target us? Do they knowwhowe are?”
On Aug. 15, as Puente and his son headed in separate cars to meet at a relative’s house, Puente, 39, saw his son, Dillon, being pulled over by police.
Puente was recording video with his cellphone whenhecaught the attention of an officer, and according to a lawsuit filed thismonth in federal court, hewas pepper-sprayedandhandcuffed.
Thelawsuit says twomembers of the Keller Police Department — Blake Shimanek, who at the timewas a sergeant, and Officer Ankit Tomer — violated Puente’s civil rights. Lawyers representing Puente accuse them of using excessive force, among other claims.
Dillon Puente, 22, was on hisway to his great-grandfather’s when he was pulled over by Shimanek for making an improper wide right turn, according to the lawsuit.
Footage fromShimanek’s body camera shows that Dillon Puentewas asked to step out of the car and was then handcuffed.
As his sonwas being questioned, MarcoPuente started to record the interaction on his phone from his truck, footage shows. Shimanek yelled at him for obstructing the roadway and threatened him with arrest.
ShimanekthentoldTomer, when he arrived, to arrest Puente. A photo included in the lawsuit shows Shimanek putting Puente in a headlock. Puente was then pepper-sprayed, according to video footage, with Tomer removing Puente’s sunglasses before spraying him a second time.
Puentewas charged with resisting arrest and interference with public duties, his lawyers said. Hewas released the night he was arrested, and the charges were later dropped.
Dillon Puentewas arrested andtaken to jail on charges of making an improper wide right turn. He was later released after paying a fine, Marco Puente’s lawyers said.
OnSept. 8, the police chief, Brad Fortune, said evidence supported the allegation that Shimanek had arrested Puente for an offense he did not commit. Shimanek was demoted to officer from his previous rank of sergeant. Tomer was not disciplined.