Man cites aerial video in claim of excessive force
Filing says record shows discrepancy from report
The same military-style infrared aerial surveillance that helped West Allis police catch a fleeing reckless driver is now the basis for that man’s $1 million claim that officers used excessive force to arrest him when he finally surrendered.
Reynaldo Narvaez, 22, thought he had successfully eluded police in his Dodge Charger, parked it in an alley in Milwaukee and ran off. He was on a sidewalk a short distance away when he was suddenly confronted by West Allis officers, one of whom was pointing a rifle at him.
Narvaez put up his hands, got down on his knee, and was then swarmed by the officers. He was unarmed and did not in any way resist or threaten the officers, according to the recently-filed notice of claim about the 2018 incident.
The notice is a prerequisite to filing a civil rights lawsuit against the city.
Narvaez says he was kicked repeatedly in the head by several officers, choked, threatened with a further beating when they returned to the station and then Tased before he lost consciousness.
The notice says he suffered “possible traumatic brain injury” and other damages.
The aerial surveillance video appears to show the arrest happening in a different place and manner than described in the criminal complaint against Narvaez.
“The discrepancy between the truth of this incident and the written justifications for the use of force leads Mr. Narvaez to believe that the aboveidentified officers conspired to harm Mr. Narvaez and cover-up the illegality of his assault, in violation of constitutional rights and his rights under Wisconsin law,” reads the notice, filed by attorneys Drew DeVinney and Edgar Lin.
The notice also cites body camera footage from an officer who arrives at the scene moments after the arrest has begun. On it, Narvaez can be heard pleading for the officers to stop right before he is Tased.
His attorneys said the city provided no body cam video from the initial officers involved.
The claim names 11 officers.
“In addition to employing excessive and unreasonable force against Mr. Narvaez, each of the identified officers were aware of the above-described acts, and, despite having opportunity, did not attempt to stop or prevent Mr. Narvaez’s beating,” it reads.
West Allis City Attorney Kail Decker said he could not comment about the claims because of the potential for litigation over the matter.
Narvaez pleaded guilty to fleeing and eluding and negligent driving and was sentenced to six months in the House of Correction as a condition of three years probation.
Since then, he obtained a high school equivalency degree at Milwaukee Area Technical College and now works as an electrician.
Inside Narvaez’s car, police recovered 0.2 grams of cocaine, but prosecutors dismissed a possession charge as part of his plea deal.
He was not charged for the legal possession of nearly 700 rounds of various kinds of ammunition also found in his car.
The complaint details how an officer first tried to stop Narvaez’s Charger around 12:30 a.m. March 22, 2018, in the 1900 block of West 84th St. because of the tint on its windows.
Narvaez fled at high speeds on streets and I-94. He stopped twice, then sped off when approached by police who had been directed to his location by video surveillance.
Narvaez didn’t exit the car until he had gotten to an alley in the 1500 block of South 15th Street in Milwaukee, where his arrest took place, about an hour after the first officer’s attempt to pull him over.