After five years of continuances and delays, the Kansas City
Police Board voted unanimously to fire an officer for his handling of a
handcuffed drug suspect in November 2006, according to a written decision
released Wednesday.
Then Police Chief Jim Corwin suspended Anthony Melkowski
without pay in June 2007 and recommended that he be fired for his actions,
which were recorded on a police dash-cam video. Melkowski appealed the
recommendation and the case stalled.
A professional arbitrator heard testimony in October and
recommended to board members that Melkowski be reinstated without back pay. The
board took up the case last month but disagreed with the arbitrator and
expressed concerns about keeping Melkowski on the force because he received a
15-day suspension for discourtesy and unnecessary use of force in 2005.
The 2006 incident occurred after Melkowski and his partner
stopped a known drug dealer who appeared to have shoved three rocks of cocaine
in his mouth. The videotape shows Melkowski pressing the man’s face against the
hood of a patrol car, grabbing the man’s throat and pulling his hair to try to
open his mouth. The tape also shows Melkowski using the nightstick near the
man’s face as the man moans. The man is facing away from the camera, so viewers
can’t see exactly what is happening. The man alleged that Melkowski wedged the
nightstick into his mouth.
Police board members said they could not determine whether
Melkowski put his nightstick into the man’s mouth, but they said he “used
excessive force, unnecessary profanity and engaged in cruel, degrading, or
inhumane treatment.” Melkowski’s attorney, Morgan Roach, told board members
last month that his client was assigned in 2006 as a “proactive” officer and
told to focus on finding drugs and guns. Roach said his client’s actions were
within boundaries established by a “legal bulletin” the department distributed
to officers.
Board members said the bulletin didn’t provide a defense for
Melkowski’s actions.
Roach said Melkowski planned to pursue judicial remedies.