Alabama police officer who used stun gun on handcuffed Black man should be charged, lawyer says

Alabama police officer who used stun gun on handcuffed Black man should be charged, lawyer says

The attorney for an Alabama man who was hit with a stun gun while he was handcuffed and face down on the hood of an officer’s police car said he expects that criminal charges against the officer will be pursued.

Leroy Mawell Jr., who represented 24-year-old Micah Washington, said Monday there are investigations ongoing by the State Bureau of Investigation and the Federal Bureau of Investigation.

“Once there has been a determination that excessive force was used, we fully trust District Attorney Andrew Hamlin and the Pickens County District Attorney’s Office to present felony assault charges to a grand jury against Officer (Dana) Elmore,’’ Maxwell said in a statement.

Hamlin released this statement to AL.com following Maxwell’s press release:

“It’s important that we treat all individuals equally before the law and maintain consistency in our legal proceedings.

“At this time, the charges against Mr. Washington remain pending and will be handled in the same manner as all other criminal cases that are prosecuted by my office.”

“Likewise, we will await the results of the SBI investigation into the officer’s use of force during the arrest and will proceed as the facts and evidence dictate.”

“Our commitment to justice extends to all parties involved. I share the community’s interest in transparency through this process and will provide updates as these cases move forward.”

Maxwell said that Washington and two passengers were driving along County Road 27 in Pickens County on Dec. 2 when they stopped to change a flat tire. The location was not far from Washington’s aunt’s house.

Elmore, a Reform police officer, stopped and demanded identification from Washington, Maxwell said. Washington asked why that was necessary and stated that he had done nothing wrong.

“Sensing hostility from the moment Elmore arrived, Washington provided his identification and began recording the interactions for his safety,’’ Maxwell said.

“Elmore became instantly infuriated that she was being filmed and deployed her Taser into Washington’s back,’’ Maxell said.

Elmore then put the handcuffed Washington on the hood of her police car.

“In a viral and gut-wrenching video fortunately captured by Washington’s younger brother, Elmore tased Washington in the back once again with no justification for doing so,’’ Maxwell said.

“Washington cried, begged and pleaded for Elmore to stop,’’ he said.

The video begins with Elmore ordering Washington “stand up” after he was handcuffed in the roadway in Pickens County.

She then tells him to lay down on the front of a vehicle, which he does face down.

The officer then holds a stun gun to Washington’s back while she goes through his pockets. She tells him to “stay still” at which point he says, “I ain’t doing shit, bro. I got a gun right there.”

Elmore laughs as she retrieves the gun and says, “Oh yeah.”

She then deploys the stun gun directly into Washington’s back, telling him to “shut the (expletive) up” as he screams.

Washington then begins to cry, repeatedly saying, “Oh my God.”

The officer then says, “Do you want it again?” as Washington continues to cry. “Shut your bitch ass up,’’ the officer says.

That’s where the video ended.

Maxwell said the attorney said Washington was handcuffed for the entirety of the incident, did not resist, and posed no danger to the officer.

“He did everything right,’’ Maxwell said, “and was still the victim of cruel, hateful, excessive and unlawful use of force.”

Washington was charged with trafficking fentanyl, obstructing governmental operations, resisting arrest, possession of marijuana and being a felon in possession of a firearm.

The charges of drug trafficking and gun possession charges have been dismissed. Maxwell said Washington has never been convicted of a felony.

“We expect the remain charges to be dismissed as well,’’ Maxell said.

“Washington sincerely appreciates the support he has received from the community,’’ Maxwell said. “We will not stop relentlessly pursuing justice for Washinton until every responsible party is held accountable for the excessive use of force and false charges made against him.”