A Baltimore police officer is in court accused of assault after a police helicopter apparently filmed him kicking a man three times – one time in the head.
Officer Christopher M Spivey, 29, was filmed on January 25 chasing down Diamontae Tyquan Farrar, 20, who had led cops in a chase first in a stolen vehicle then on foot.
Spivey is seen in footage delivering a running kick to Farrar’s head as he lies on the ground, then kicking him a further two times in the body as other cops cuff him.
Before the footage ends, Spivey then leans over the prone man and allegedly spits on him. The footage was shown in court during Spivey’s ongoing trial, The Baltimore Sun reported.
Baltimore cop Christopher Spivey was filmed in helicopter footage kicking Diamontae Tyquan Farrar (center) in the head and body on January 25, after Farrar fled a car he’d stolen
Spivey said he was worried Farrar, who had just laid down, might have a weapon. Farrar said the cop also spat on him, but Spivey denied that. Both men were in court Wednesday
Appearing in court on Tuesday, Spivey claimed that the had feared for the safety of his fellow police when he delivered the wince-inducing blows to Farrar’s head.
The nine-year veteran, who faces four counts of assault, told the Baltimore County Circuit Court jury that he had made the initial running kick because Farrar was ‘giving me a posture consistent with somebody who’s not ready to give up.’
Farrar (pictured) admitted in court that the saliva might have been accidental, as Spivey was telling him off for his dangerous driving at the time
He said the man had been facing him and standing up just before he got on the ground and received the blow.
‘I needed to deliver a physical strike. … I had no idea who this guy was,’ he added.
Deputy State’s Attorney Robin S Coffin said that Spivey acted ‘without hesitation’ and rebuked him for not mentioning the kicks in his official report, saying ‘that force needed to be documented.’
Spivey said that he told his supervising officer about the kick, and that he had not written the report himself.
Farrar testified that he had been getting on the ground when he was kicked, and that Spivey spat on him.
However, admitted that the saliva could have been accidental and come from Spivey while the cop was telling him off for his reckless driving.
Spivey, who denied spitting on Farrar, said it could also have been sweat.
On Tuesday two other officers were asked to testify at the trial – including one involved in the death of Freddie Gray, a suspect whose neck was broken while in the back of a police transport wagon in April 2015.
Edward Nero, who was acquitted of Gray’s death last year, and John Bilheimer, had both expressed concern about the video. Both were in the helicopter unit that filmed the incident.
Spivey is seen left (far left figure) again kicking Farrar, who has two cops holding him down. On the right he’s the far-left cop bending over Farrar; at this point, the suspect said, he was spat on
Nero wrote in a report that ‘While placing the suspect under arrest, one officer appeared to kick the subject in the head area then kick the suspect two more times.’
The video is shot using a night-vision camera that captures heat signatures, so the figures appear as white silhouettes that are hard to identify.
Both officers admitted that they were not experts in use of force.
It was announced yesterday that the US Department of Justice won’t bring charges against the six officers – including Nero – implicated in Freddie Gray’s death.
Gray died while being transported in a Baltimore PD wagon while handcuffed.
Critics said that the officers had used unnecessary force and failed to secure him properly inside the van, leading to his death.
All six officers were cleared or acquitted during a state trial last year.
Edward Nero (pictured), who was acquitted last year in the death of suspect Freddie Grey, said he was concerned by the footage in a report. He is in the helicopter division of the BPD