Man files lawsuit over September arrest in San Juan County
April 20, 2017 05:13 PM
FARMINGTON, N.M. -- A man in the Four Corners claims he is still suffering following an arrest last September. Now he has filed suit against the arresting deputies and San Juan County Sheriff’s Department.
The lawsuit was filed in district court by Arlon Stoker on behalf of Preston Wilson. The lawsuit charges that deputy Jonathan Clark, deputy Dylan Faverino and deputy Michael Carey deprived Wilson of his rights; assaulted and battered Wilson; falsely arrested and imprisoned Wilson; were willfully indifferent to Wilson’s medical needs; and that the San Juan County Sheriff’s Office was negligent in supervision and training of those deputies.
KOB obtained a copy of the lawsuit, police report and dashboard camera recordings of the incident. The video shows a man identified as Wilson getting out of the passenger side of a blue car after pulling over for Clark.
As Clark tries to handcuff Wilson, Wilson jerks his arm away. Clark then throws Wilson to the ground. Clark calls for backup and two more deputies assist Clark in arresting Wilson.
“You can’t do that, somebody that is not resisting that isn't posing a danger to officer safety,” Stoker said.
The lawsuit alleges that due to Wilson’s muscular build, the position required to be handcuffed was painful, causing him to jerk his arm away. But Clark's report said he felt that he would be attacked and that Wilson may have a weapon, so he responded by taking the suspect to the ground.
Leading up to that takedown, the video shows what seems to be an uncooperative Wilson being repeatedly told to show his hands and get out of the car. The police report reflects that the deputy observed Wilson reaching for his waistband repeatedly.
According to online court records, Wilson plead no contest and was convicted of DWI and driving on a revoked license from this stop. The San Juan County Sheriff's Office said there is no comment on pending litigation.
Updated: April 20, 2017 05:13 PM
Created: April 20, 2017 05:02 PM
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