HARTFORD -- Six months after two men were arrested in an incident that led to a an excessive force investigation, an officer has been arrested.
Retired Hartford Police Sgt. Sean Spell, 46, is charged with assault in the third degree and breach of peace for allegedly kicking suspect Emilio Diaz in the head after Diaz had been arrested.
According to the affidavit sent to FOX 61 by State Police, the incident began on June 4, 2016 around 9 p.m. A Hartford Police officer realized that a 2015 Toyota Camry he saw had been reported stolen, and tried to stop the car. However, police say the driver of the stolen car hit a detective and then sped off.
The ensuing police chase involved Hartford Police, West Hartford Police and State Police, and the suspect vehicle was chased into West Hartford at a high rate of speed while going through traffic lights and stop signs.
The chase ended when police used "stop sticks," and the car crashed on Flatbush Avenue, just over the city line into West Hartford. During the chase, four police cruisers were damaged after being hit by the stolen Camry, and two detectives were hurt.
Police say at that point the driver, Ricardo Perez, and the passenger, Emilio Diaz, refused to follow police commands and "violently resisted arrest." Police used a Taser, a baton and other combative techniques to get the suspects out of the car and subdue them, but the fight caused the suspects to suffer extensive injuries, as seen in photographs and mug shots taken after the fact. They were taken to Hartford Hospital, as were two police officers.
About 30 police officers were on the scene following the arrest.
An investigation into excessive force was launched, and the first step was evaluating footage taken of the arrest by a cruiser's dash cam.
In the dash cam video, police say you can see Sgt. Spell in plainclothes. He then uses the heel of his foot to hit Diaz in the head after Diaz was already handcuffed and kneeling on the ground. Diaz had been cuffed and arrested nearly 3 minutes earlier.
Three other police officers witnessed Spell's actions. In an excessive force report released in October, it said 12 of the 31 responding officers that night reported the use of force.
According to the affidavit, Spell contacted Inspector Stephen Kumnick, of the Hartford Judicial District, and told him what happened: that Diaz was handcuffed, but was spitting blood at officers on the scene. Spell said he told Diaz to stop, but he refused to do so. Spell claims he used his foot to push Diaz's head down because he did not have latex gloves on him to protect him from the blood.
Spell wrote in his official incident report that Diaz had suffered a large laceration to his head and his "upper body, face and head" were "covered in blood." The cut on his forehead was apparently dripping into his mouth, which Spell said was why he was spitting.
Spell also said he smelled PCP on Diaz, which can cause aggression, so he was fearful of Diaz's actions and that he could turn violent.
The Chief State's Attorney's Office began investigating the use of force, with the assistance of State Police Major Crime Squad. State Police Sgt. Brian Narkewicz, the Major Crime Squad member assigned to the case, evaluated the evidence and the 15-minute dash cam video.
In the affidavit, Narkewicz says when reviewing the video that while the footage isn't very clear, Diaz appeared calm and only lifted his head from the ground a few times after his arrest. Narkewicz wrote, "In the moments preceding the kick by Spell, the officers around Diaz and Spell do not appear to be recoiling or behave as though they are concerned about being spat on."
A medic on the scene described Diaz as calm as well, though it's unclear if the medic was there before Spell kicked Diaz.
"Based upon the aforementioned facts and circumstances, there is probable cause to believe that Sean Spell ... did intentionally kick Emilio Diaz in the head, while Diaz was handcuffed and kneeling on the ground."
Spell is charged with assault in the third degree and breach of peace. He was released on $1,000 bond and will be arraigned on December 21. Police said in October that Spell could possibly face other consequences affecting his retirement and pension.
Also in October, when police revealed the dash cam video to the public, attorney Corey Brinson, who represents Diaz, sent the following statement to FOX 61:
We believe that my client will ultimately receive justice in a court of law. These officers do not reflect upon the majority of police officers who serve and protect with integrity and honor every day. My client continues to suffer physically and emotionally from this horrific event but he believes that changes to the police department will be forthcoming as a result of this incident.
Other things noted in the affidavit include that during the investigation, on August 19, Spell announced his retirement from the Hartford Police Department. Also, based on the affidavit, it appears that Hartford Police initially said there was no written report, but two months later it was turned over to State Police.
