Jessie Higgins

Evansville Courier & Press

Evansville Police on Wednesday released body cam footage of officers arresting a man who believes he was unfairly targeted.

The Courier & Press requested the footage of police arresting Michael Flemming in June on charges of resisting law enforcement during a traffic stop. The charges against Flemming were dismissed in July.

During the incident, Flemming was a passenger in a car pulled over for speeding near the corner of Garvin Avenue and Michigan Street. The driver did not have proof of insurance, so police had the car impounded. Flemming was arrested when he did not follow officers' instructions to get out of the car.

Flemming told the Courier & Press on Wednesday he feared the arrest was made to intimidate and harass him. Last year, he was involved in an incident with a police officer’s son that remains unresolved.

The officers' body cam footage released Wednesday shows the entire incident from two officers' perspectives.

In the video, an officer tells Flemming to take his seat belt off and get out of the car. Flemming tells the officer to, "hold on," and takes out his phone.

"It's time to put the phone down and listen to us," the officer says, as he pulls Flemming's door open. The officer repeats repeats himself several times, then tells Flemming to show his hands.

"I am going to show you my hands," Flemming says. " I just want to record this."

The officer then pulls Flemming from the car, gets him on the ground and handcuffs him. The entire incident, from the time the officer first asks Flemming to get out of the car, takes less than 30 seconds.

"At that point he had ignored multiple lawful orders to get out of the car," said Sgt. Jason Cullum, Evansville Police spokesman. "And for our training purposes, if you're telling somebody to do something and they're not, that's a red flag.

"You do have the right to film officers if we have you stopped. You can have your phone on. But you do not have the right to tell us, 'You have to wait,' while you get your phone out to get your video stuff recording."

Cullum added that in this instance, he believes Flemming was trying to record the stop.

Flemming said he believes the incident escalated too quickly.

"I do not feel comfortable with police, and knowing they don't really give away their police cameras, so I like to always record just for my own safety," Flemming said Wednesday, after viewing the video. "They've lost my trust."

In June 2015, Flemming was recording an arrest of a man at a South Side gas station when he claims he was assaulted by Brock Underwood, a police officer’s son who was riding along with his father.

Flemming accused Underwood, then 21, of trying to break his phone while he was taking the video. Flemming’s cell phone video of the incident shows Underwood reaching into Flemming’s car and grabbing the phone. The video then cuts out.

Underwood’s father, Officer Bryan Underwood, was the only officer to witness the altercation, according to Evansville Police Chief Billy Bolin. No charges were filed at the scene.

Flemming filed a complaint a few weeks later, and the case was passed to a special prosecutor in Daviess County that fall. The prosecutor has yet to file charges or close the case.

"I haven't heard from no one," Flemming said about the 2015 incident. "No one has called me or said anything. I don't really think they're too concerned about it."

The Courier & Press requested body cam footage of that incident more than a year ago. Police denied the request, citing an active investigation. Bolin said he would release the footage once the case is resolved.