Attorney: Dashcam Video Lead To Suspension Of 3 Miami Police Officers

Monday, November 4th 2013, 10:32 pm

By: News On 6

Three Miami police officers were suspended after dashcam video of an arrest painted a much different picture than the officer's report.

An attorney shared it exclusively with News On 6.

The driver's attorney got the video through a subpoena. He said the video should be made public and he knows it is the reason his client's DUI charges were dropped.

In the dashcam video from an O-H-P trooper's cruiser, you can hear the trooper turn on his lights as he follows a suspected drunk driver. Once the truck pulls over, a Miami police officer gets out of her car and approaches Jerry Payne's truck.

Payne's attorney, Josh Lee, said her police report doesn't add up with what happens next.

"You're going to see where she says the driver immediately got out of his truck. He never gets out of his truck," Lee said.

Moments later, the trooper is seen pulling Payne out of the truck.

The report says Payne's face was scratched when he was pushed to the ground. Lee, however, believes the driver's injuries came from something else.

"That's a state trooper right there. The lady to the left is a Miami police officer and then the other Miami police officer comes from back over here, and this is when he comes running and kicks Mr. Payne right in the face and you see his head snap back pretty good," Lee said.

Pictures that Lee said were taken after Payne was arrested and booked into jail show the extent of his injuries.

Payne's DUI charges were ultimately dropped after the trooper's video came to light.

"Dash cam is the only thing that's going to try to set the record straight," Lee said. "I am such a believer in them because of things like this, and because I think the public has to know what their government is doing."

That is why Lee said he chose to show us the video and he hopes lawmakers will consider making all dashcam video public record.

"When it's the battle of his word, her word, police officer wins every time," Lee said.

The Miami police chief could not comment on the investigation, but he told us both officers in the video and their supervisor are on paid administrative leave.

OHP says the trooper in the video has not been suspended.

Payne's attorney said they are requesting the city investigate and file perjury and assault and battery charges.

The Ottawa County District Attorney has recused himself from the case. His assistant said it is because he works closely with this department, and felt it was best if he was not involved.