AUSTIN (KXAN) - Just after 10 p.m. on New Year's Eve, Austin
police officer Sean McWhorter and his rookie trainee respond to a suspected
case of driving while intoxicated. The incident is captured on the officer's
squad car video.
The video shows the suspect refusing to cooperate during any
field sobriety tests, repeatedly telling the officers he was not driving the
car. Finally, the suspect says, "Take me to jail," and the officers
put him in handcuffs and place him at the front of the patrol car while they
search his pockets.
The video shows the suspect lunge at McWhorter, who
forcefully puts the man's head down on the hood of the patrol car. McWhorter's
superiors approved of that action.
"To head butt, to try to head butt -- that could be
very serious," said APD Commander Michael Nyert. "So he's trying to
restrain him, get him down."
But it is what happened next that got McWhorter suspended.
After the suspect appears to spit on the officer, McWhorter grabs his neck and
slams his face in to the hood of the patrol car one time.
"It was a spit and the officer reacted because of that,
an inappropriate reaction," said Nyert. "We may understand, but we
can never accept that type of behavior."
The suspect was not seriously injured in the incident. APD
said he had a bruise on his cheek. McWhorter served his five-day suspension for
using excessive force in late June and early July. He is back to work as a
patrol officer.
But not everyone at the Austin Police Department believes he
deserved the suspension.
"You can obviously see the individual spit at the
officer and the officer used a technique that our officers use. (He) put him
down on the hood in a way that discourages him from trying to get up,"
said Sgt. Wayne Vincent, president of the Austin Police Association.
"The bottom line is you have an individual who spit at
a police officer, tried to head butt a police officer. We understand he's had
the charges dropped, and it's the police officer who became the bad guy
here."
In fact, it was a review of the video by the district
attorney's office that led APD to take a closer look at the incident. The DA's
office was reviewing the video because the suspect on tape was charged with
harassment of a public servant. After viewing the video, that charge was
dropped.
"I thought it was appropriate," said Vincent,
speaking to the use of force. "Sometimes these things don't look that
good. But an officer must respond when he's assaulted. And let's face it, when
you're spit at, you are being assaulted."
Previous discipline for McWhorter included two written
reprimands for minor car accidents in his six years on the force. His superiors
said they are confident this was an isolated incident, but he will no longer be
allowed to be a field training officer.
"He knew that he had done wrong and he won't let it
happen again," said Nyert. "As a police department, we apologize for
the behavior. It's a one-time situation with this officer. A poor response, and
we've got a very good, very professional department here."
McWhorter is only the second officer to be suspended by
Chief Art Acevedo since January 2011. Alternatively, the Austin Office
of the Police Monitor has received 81 allegations of excessive use
of force in the same time period.