The young man was accused of resisting and obstructing an officer, but was later acquitted.
Have you ever had one of those days where you get up in the morning expecting the day to go one way, and at some point an isolated incident sends it careening off in a totally unexpected direction? 20-year-old Diante Churchwell did. On July 10, 2017, the young Michigan man got out of bed and went about his business. The last thing he expected was to be arrested. Especially given the fact that he hadn’t committed a crime.
Churchwell’s younger brother was arrested that day as well. In fact, he was arrested first, by a Kalamazoo police officer, allegedly for possession of narcotics. Churchwell, who was present at the time, was upset. He wanted to know why his younger brother was being put in handcuffs. He approached the officer and asked what was going on. The ensuing altercation was recorded by a civilian witness.
Churchwell was upset. He raised his voice and got physically close to the arresting officer. The cop told him to stand down. Churchwell refused, continuing to ask questions about his brother’s arrest in a loud voice. The officer got nervous, or frustrated, or both. He told Churchwell repeatedly to step away, and was repeatedly ignored. In a situation like this, officers are entitled to deal with “aggressive persons” if they feel threatened or believe that they are at risk. But only in very specific ways. This particular police officer overstepped the bounds.
The officer in question,Officer Derrick Turner, put his hand out and grabbed Churchwell around the throat. It only lasted a second, but according to the Kalamazoo police procedure manuals, it was still over the line. Churchwell was then arrested for allegedly Assaulting, Resisting and Obstructing a Police Officer.
The incident was uploaded to social media, where it spread like wildfire.
Timeeko Churchwell, the boy’s father, filed an ‘excessive force’ complaint. The Kalamazoo Police Department agreed that the incident need to be investigated, and they did so. Meanwhile, Churchwell sat in jail and waited to see what the outcome would be.
In the end, the Kalamazoo Police Department agreed that the officer had acted out of bounds. In addressing the media about the issue, Kalamazoo Police Chief Jeff Hadley said that the violation lasted only a few seconds. “He didn’t skip a few steps, he was confronted with an aggressive person who sought him out and didn’t comply with our orders to step away. The guy was in an aggressive state. He (the officer) had every right to control that situation as a law enforcement officer. It was the method he used to do that, and only for a second, that’s where it fell outside of the policy.”
As a result, Churchwell was acquitted. A few days ago, he appeared in the 8th District Court in Kalamazoo before Judge Richard Santoni, and was found not guilty of Assaulting, Resisting and Obstructing a Police Officer.
At the Kronzek Firm, we understand how easily heated situations can get out of hand. As soon as people are emotional, or are involved in stressful situations, they are unlikely to make the best choices. Whether they are police officers or civilians, adrenaline, fear, anger and nerves can cause all of us to act in ways that we otherwise wouldn’t. And unfortunately, for many Michigan residents, it is these situations which often result in arrests and criminal charges.
For this reason, we cannot remind you often enough of the importance of choosing the right attorney. Being properly defended, regardless of what situation resulted in the charges, can make a huge difference in the outcome of your case! So if you or a loved one have been accused of a crime in MIchigan, whether or not you believe the charges are justified, call The Kronzek Firm immediately at 866 766 5245. Our skilled criminal defense attorneys have spent decades successfully helping the people of MIchigan regain their futures. We can help you too.