Man violently arrested in mistaken identity case

[Liberal_in_LA]

San Jose: Man violently arrested in mistaken identity case
By Sean Webby

Updated: 07/13/2010 11:35:24 PM PDT


Walking into his neighborhood convenience store for a $1 lottery ticket, Henry Stevens Amador hoped it would be his lucky day. But instead of walking out with three cherries and a thousand bucks, Amador was violently busted by San Jose police officers.

Afterward, a sergeant reportedly unlocked the handcuffs, helped clean the blood off his face and apologized.

It turns out they busted the wrong guy.

"This is a total abuse of their privileges and rights as cops," the cut and bruised 23-year-old told the Mercury News. He has hired an attorney.

Police confirmed the case of mistaken identity is being investigated by its Internal Affairs unit — they say officers thought he was a drug suspect.

"We are aware of the unfortunate set of circumstances regarding Mr. Amador," said Assistant Police Chief Chris Moore. "We are conducting a formal investigation into the incident and will take whatever appropriate steps are necessary."

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Face down, Amador was not sure how many officers were on him. But it felt like a lot, four or five maybe. He heard them swearing at him and telling him to stop resisting. One of them, he said, kicked him square in the face. He said he blacked out but remembers an officer painfully yanking his handcuffed hands back.

Amador said he was dazed and not resisting.

"I had no reason to. Besides, how could I? I'm skinny," he said. "These are cops. They have the stamina of horses."

Afterward, they made him get to his own feet. The officer who kicked him in the face took photographs of his injuries. The EMTs were called. The victim declined medical treatment. A sergeant cleaned off his face and tape recorded his statement.

Amador recalls the sergeant asking him "Do you know why we had to use this type of force?"

Amador said he answered "Yes" even though he says now he did not. He said he was agreeing to everything the sergeant asked just to be through with the situation and get home. He was late to spell his girlfriend with child care for their 6-month-old daughter. Later he went to a hospital and received eight stitches in his eyelid.

Store employees said police have images from the incident, caught by a security camera that perches just above the strip mall wall where Amador was arrested. Police would not release the footage or say what it shows.

http://www.mercurynews.com/ci_15508178?source=most_viewed

[Xithras]

1. He may have lost the lotto ticket, but with a decent lawyer he'll hit the jackpot anyway

Wrong guy, eight stitches, and no resisting? The police department is going to have a fat settlement offer in his lap within days just to keep this one out of the courts.

[Liberal_in_LA]

2. And video exists so they can't lie about it.