HOUSTON

Officer Garrett Lindley faces a misdemeanor charge of official oppression. He was indicted by a grand jury for what allegedly occurred at HPD's jail at central patrol and now he's fighting for his job.

He refused to talk to Eyewitness News as he left an arbitration hearing Monday afternoon. He was placed on indefinite suspension by the police department in July and now has been indicted by a grand jury. He stands accused of official oppression.

Nicole DeBorde, Lindley's attorney, said, ""Yes, he (denies kicking that person.) He didn't hurt anyone. He was trying to help fellow officers and that's it."

Eric Faltesek was under arrest for DWI in January. He'd refused a breathalyzer test and was ignoring officer commands in a room at 61 Riesner. Police say they were trying to get his fingerprint on a warrant so that they could properly document a blood draw. Officer Jorge Roman says that's when Faltesek became combative.

Roman says Faltesek ended up on the ground, still handcuffed to the bench. Roman was trying to subdue him when he says Lindley kicked Faltesek in the face.

Faltesek says he was on his knees and defenseless, describing the kick as a "stomping motion."

"I got kicked in the mouth and that's where the blood came out," he testified. "Y'all's officers think they can treat anybody any way they want."

The alleged assault was reported not by Faltesek, but by that other officer who was arresting him.

Faltesek was convicted of the DWI and served 75 days in jail.

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