Cleveland man’s hearing continued

Defendant was seen on video getting punched by officer

The black man seen in a cellphone video being punched multiple times by a white Euclid police officer had his pre-trial hearing continued to Oct. 12 during a Euclid Municipal Court appearance Sept. 21.

On Aug. 12, a viral video showed 25-year-old Cleveland resident Richard Hubbard III getting wrestled to the ground by Euclid Officer Michael Amiott seconds after being asked to “face away.” The video shows Amiott punching Hubbard multiple times. The Euclid Police Department later released dash cam footage of the incident.

Hubbard was charged with driving under suspension and resisting arrest. He pleaded not guilty to the charges at his preliminary hearing Aug. 24.

“It all happened so fast, it was a blur, but I know I did not touch the officer,”

Hubbard said at a news conference after his August preliminary hearing. “He had me pinned, I couldn’t move. The only thing I did was hold my hands up to deflect the punches.”

At his Aug. 24 hearing, Hubbard was still wearing a neck brace from the incident, but was no longer wearing it Sept. 21. His attorney Christopher McNeal told news outlets after the court appearance Sept. 21 Hubbard is recovering from his physical wounds.

“He’s still under physical therapy, he’s still receiving mental health counseling,” McNeal said. “His prognosis regarding the psychological trauma he experienced is still uncertain at this time.”

McNeal had previously filed for a motion to dismiss the charges, which was denied Sept. 18. McNeal said he’s not surprised.

“It’s highly extraordinary that you are able to prevail on the motion to dismiss at this stage of the prosecution,” he said.

McNeal also is representing Hubbard’s girlfriend, Yolimar Tirado. She is also facing charges, including obstructing official business, from the Aug. 12 incident. Her pretrial hearing also was continued to Oct. 12.

Amiott was suspended for 15 days without pay by Euclid Police Chief Scott Meyer following the incident. Euclid Mayor Kirsten Holzheimer Gail

“The family is adamant this isn’t a money grab. They want justice for Luke, they want accountability for these bad cops who abuse their power so that we can actually do something to end what’s becoming a far too common occurrence in Cuyahoga County.” — Attorney Christopher McNeal

on Sept. 1 announced she would suspend Amiott for an additional 30 days, the maximum discipline she can administer short of terminating employment.

Euclid Fraternal Order of Police Lodge #18 President Dave Trend filed a grievance after Meyer suspended Amiott without pay and filed a second after Gail’s announcement. In both cases, Trend argued the officials did not have just cause for the suspensions.

The Fraternal Order of Police has previously said it stands by Amiott.

“We stand with Officer Amiott and we hope that people will not rush to judgment, but rather will understand the literally split-second decision and response required of our police and will let the administrative review process play out,” Trend said in a statement acquired by WJW-TV 8 Aug. 17.

Amiott has been with the Euclid Police Department since 2014. He joined the department five months after he resigned rather than be fired from the Mentor Police Department for lying about why he stopped a man for a suspended license.

His record in Euclid includes a number of use of force complaints. According to his personnel file, he was reprimanded in 2016 for hitting a suspect with his gun and losing his temper in front of his commanding officer.

McNeal is now also representing the family of Luke Stewart, who was shot and killed by Euclid police officer Matthew Rhodes in March.

In August, a Cuyahoga County grand jury elected not to indict Rhodes.

Around 7 a.m. March 13, Officer Rhodes responded to a report of a suspicious vehicle parked on South Lake Shore Boulevard near East 215th Street. That call ultimately ended in Rhodes shooting Stewart, a 23-yearold Cleveland resident. Stewart was taken Euclid Hospital, where he died.

McNeal said he pursuing both civil and criminal avenues in that case.

“The family is adamant this isn’t a money grab,” McNeal said. “They want justice for Luke, they want accountability for these bad cops who abuse their power so that we can actually do something to end what’s becoming a far too common occurrence in Cuyahoga County.”

WKYC-TV 3 on Aug. 23 reported that Rhodes has been put on desk duty.

ASSOCIATED PRESS FILE Richard Hubbard III, who was seen on video being punched by a police officer multiple times during a traffic stop.