By Jenn Selva and Jennifer Henderson, CNN
Two Colorado officers from the Aurora Police Department (APD) person been arrested connected transgression charges successful a usage of unit incidental the constabulary main called a “very despicable act.”
The officers — John Raymond Haubert, 39, and Francine Ann Martinez, 40 — were charged successful transportation with the July 23 incident, which was caught connected constabulary bodycam video, according to the APD.
“My lawsuit is pleading not blameworthy and similar immoderate different idiosyncratic that is accused of a crime, my lawsuit is presumed innocent,” Reid Elkus, lawyer for Haubert, told CNN. “And arsenic a effect of that presumption, our steadfast volition beryllium rigorously and zealously defending Officer Haubert.”
Haubert was charged with attempted first-degree assault, second-degree assault, felony menacing, authoritative oppression, and first-degree authoritative misconduct, according to the APD.
Martinez was charged with 2 misdemeanors — failing to intervene and failing to study usage of unit by a bid officer.
David Goddard, lawyer for Martinez, declined comment.
The 2 officers are retired connected bond, according to the 18th Judicial District tribunal administrator.
Martinez is connected paid permission and Haubert connected unpaid leave, the APD said. Aurora Police Chief Vanessa Wilson said an interior affairs probe is ongoing.
CNN has sought remark from the Aurora Police Association.
Chief Wilson told reporters Tuesday that the officers were responding to a trespassing telephone erstwhile they saw 3 men sitting adjacent their bicycles.
The men were described arsenic cooperative, she said. Police checked their names and recovered that each 3 had apprehension warrants, Wilson said.
Bodycam video showed that 2 of the suspects fled.
The video showed the officers trying to restrain the 3rd man, with 1 striking him aggregate times.
The antheral serviceman held a weapon straight to the man’s head, who stated repeatedly — “I didn’t bash anything,” “I can’t breathe” and “You’re sidesplitting me,” according to the video. Blood streamed from the man’s caput arsenic lumps formed.
The constabulary main cited a caller authorities instrumentality that mandated assemblage worn cameras, saying, “The nationalist has a close to know.”
She added, “Sometimes it captures astonishing acts, and unluckily today, it captured a precise despicable act.”
In February, an Aurora constabulary serviceman was fired for utilizing excessive unit during an apprehension months earlier.
Officer Robert Rosen was assisting a chap serviceman attempting to apprehension a antheral allegedly trespassing successful an Aurora supermarket.
Rosen punched the antheral aggregate times and utilized his Taser connected him 5 times for a full of 27 seconds, according to the APD connection and assemblage camera video of the incidental obtained by CNN.
In the responding officer’s assemblage camera video, the antheral tin beryllium seen moving distant from him earlier helium was brought to the ground. The serviceman past asked the antheral repeatedly to springiness him his hands, but the antheral refused for astir 2 minutes earlier Rosen arrived successful the supermarket aisle.
The archetypal serviceman asked Rosen to assistance unafraid the man’s arms, past Rosen was seen punching the antheral successful the ribs with a closed fist earlier deploying his Taser connected him.
The antheral received insignificant injuries during the apprehension and was transported to a section infirmary for valuation and treatment, according to APD.
An interior probe recovered that Rosen failed to activate his assemblage camera erstwhile helium arrived astatine the supermarket and besides “failed to papers his justifications for each usage of unit during the arrest,” according to the department.
A reappraisal by the District Attorney’s Office for the 18th Judicial District resulted successful nary transgression charges against Rosen.
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CNN’s Ray Sanchez contributed to this report.