News

Police beating caught on video

Lawyer files notice of lawsuit against Farmington, San Juan Co. law enforcement agencies

By Erny Zah
Navajo Times

WINDOW ROCK, April 14, 2011

A St. Patrick's Day beating of an Upper Fruitland, N.M., man by a law enforcement officer that was recorded on the deputy's in-car video camera has caused internal investigations and is the basis of a lawsuit.

On March 17, San Juan County Deputy Dale Frazier beat Donovan Tanner, 22, of Upper Fruitland, with a flashlight.

Frazier, who has since been suspended with pay pending an internal investigation, used a Maglite flashlight to hit Tanner five times across the face and head.

As a result, the San Juan County Sheriff's Office and the city of Farmington have launched internal investigations into the incident and Farmington attorney Arlon Stoker has filed a tort claim notice, informing the city and the sheriff's department of his intent to sue on behalf of Tanner.

In addition, the Navajo Nation Human Rights Commission have called the incident "police brutality."

"To me, there is a strong indication from the video that Deputy Frazier immediately suspects the Native American is at fault," said NNHRC Director Leonard Gorman in a press release.

Gorman added that the commission has heard testimony from various Navajo people regarding ill police treatment in Farmington.

"This incident gives more credence to these complaints and the testimonies about mistreatment of law enforcement in the Farmington area," he said.

Meanwhile, San Juan County Sheriff's Capt. Tim Black would not comment about the ongoing investigation into Frazier's actions.

"I will confirm there is an ongoing investigation," he said.

He added that other questions should be referred SJCSO Public Information Officer Beth Utley. A message for Utley went unreturned by press time.

Farmington Mayor Tommy Roberts said so far the investigations haven't provided evidence that the beating was racially motivated.

He added that the NNHRC misled people in their press release by erroneously stating that a Farmington police officer was the assailant in the beating.

"I think the NNHRC press release was unfair in its portrayal of this event being brutality by a Farmington police officer," he added.

The release sent by the NNHRC stated "Navajo human rights officials responds to video of Farmington police brutality on Navajo witness."

Roberts noted that the officer in question was a San Juan County Sheriff's Deputy and not a Farmington police officer.

Gorman said his office was "meticulous" in forming the press releases and didn't offer a retraction or apology to Farmington.

"There was no intention to label Farmington," he said, adding that the release didn't mention Farmington other than in the headline.

"I don't see how we can apologize for something that truly needs to be addressed," he said, adding that the larger issue at hand was the mistreatment of Navajo people by law enforcement agents.

Gorman also said NNHRC has been talking with Farmington city officials and is hopeful that the talks will involve the SJCSO.

"We don't want to get ourselves in being reactionary," he said and that his office is being sensitive with the issue.

Roberts added that Farmington police officers undergo cultural sensitivity training and are trained for situations involving excessive force.

However, Stoker said he added the city of Farmington to his tort of notice because a Farmington city police officer, Misty Taylor, stood by and "let the beating happen."

Roberts said that, though the city has launched an internal investigation into the matter, he thought Taylor was within her job scope that night.

"I believed she followed protocol. She was involved in controlling the crowd that had gathered," he said.

Roberts added that he expected Farmington's investigation to be completed this week.

According to a San Juan County Sheriff's press release, Frazier was suspended with pay as the department investigated the incident.

"It should be noted that no criminal charges have been filed against Deputy Frazier," the release stated.

However, after the beating Tanner was arrested and charged with disarming a peace officer. But the charges were dropped after a preliminary investigation by the district attorney's office and after the sheriff's office asked that the charges be dismissed.

Stoker said the Tanner was mistreated and he will be seeking damages in the millions against the two law enforcement agencies.

In a previous incident in which Clint John was shot to death by a Farmington police officer, the Navajo Nation provided the John family with money for a lawsuit.

Gorman said that the NNHRC can provide a loan to Navajo individuals up to $25,000 for litigation involving human rights violations. He said he wasn't aware of Tanner applying for a loan.

According to Stoker, Tanner and his brother were walking away from Three Rivers Brewery where they were being harassed because of their race. A scuffle broke out after they left, and the bartender sprayed mace in the air to break up the scuffle.

According to the video, Frazier confronted the brothers at the Navajo Trading Company near Three Rivers Brewery. Frazier ordered the pair to stand near his car because they were witnesses to the scuffle.

One of the brothers told Frazier to talk to a worker from Three Rivers, whose voice could be heard in the background and they were going to walk away.

"You're not going your way. You're going to stand by my car. Come over here," Frazier said in a demanding tone.

On the video Tanner said he couldn't see and Stoker said that was a result of the mace.

"I guess you'll have to be led, won't ya," Frazier said.

Within a few seconds, Frazier appears on camera escorting Tanner with a flashlight held to his throat then slams him onto the hood of the car.

"You start resisting me and I will get you," exclaimed Frazier. "You understand me?"
Frazier held the flashlight to Tanner's throat with both hands. When an onlooker pointed to the deputy's face and said, "That's unnecessary," Frazier took his left hand away from the flashlight and tried to swat away the onlooker's hand.

Tanner then used his right hand to reach toward Frazier's face. Frazier then pressed the butt of the flashlight to Tanner's throat ordering him, "Do not resist."

Tanner used his other hand to pull at the flashlight and the pair wrestled for control of the flashlight.

"My client feared for his life," Stoker said, as to why Tanner wrestled for the flashlight.

Once Frazier gained control of the flashlight, he hit Tanner two times across the face.

Frazier then pulled Tanner to the ground and ordered him to roll on his stomach, followed by a swing of his flashlight again.

Then he ordered him again to roll on his stomach and swung his flashlight two more times.

Tanner was not in view of the camera so if he was hit by Frazier it couldn't be seen. But most news reports say Tanner was beaten with the flashlight. Stoker contends Tanner was beat in the head.

Regardless, Tanner was moaning and screaming with another voice saying the excessive force wasn't necessary.

Afterward, Tanner pleaded with Frazier, "Please get me up."

Frazier pulls him up by the handcuffs and Tanner begins to yell that he is being thrown around.

Frazier leans Tanner against the hood again, this time Tanner is face down and begins to bang his head against the hood of the car.

Deputy Terry McCoy intervened by holding Tanner at the neck.

"Stop," McCoy said.

Stoker said Tanner was banging his head because he was in pain from the handcuffs.

"His hands went numb. The handcuffs were so tight, they left a scar on him," Stoker said.

Stoker added that Tanner was beaten again after the video ended.

"He was initially being told by the police officer he may be a witness yet the officer unleashed brutality against an innocent Navajo man," Gorman said.

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