Teen sues ex-HPD officer for alleged beating caught on tape

Teen sues ex-HPD officer for alleged beating caught on tape

Teen sues ex-HPD officer for alleged beating caught on tape

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by Associated Press, khou.com staff

khou.com

Posted on July 8, 2010 at 12:50 PM

Updated Thursday, Jul 8 at 2:12 PM

HOUSTON—A Houston teen is suing a former police officer for allegedly stomping on the back of his neck while he lay on the ground with his hands behind his back during an arrest.

The lawsuit brought to federal court Wednesday alleges 16-year-old Chad Holley’s civil rights were violated when former police officer Andrew Blomberg stomped on the boy with "incredible force." The lawsuit also details his injuries including a concussion and bleeding of the eyes.

Blomberg and other members of HPD’s Westside Gang Unit had followed Holley and three other burglary suspects to a self-storage business in southwest Houston on March 23. The arresting officers’ actions were captured on a company security tape.

Misdemeanor charges were brought against four of the officers, including Blomberg, for their actions during the arrest. All seven officers were fired.

11 News obtained the termination letters signed by HPD Chief Charles McClelland that were sent to the seven officers involved in the arrest. The letters provide the most detailed account of what transpired that evening. 
 
In all of the letters, McClelland made one thing very clear—Holley was in an "obvious position of surrender"—on the ground with his hands behind his head, as the police first approached him.
 
From there, McClelland describes differing levels of involvement for each cop.
 
In the case of indicted former Officer Andrew Blomberg, the letter to him claims the video shows he "viciously stomped on suspect Holley’s head and neck area" with a great deal of force."
 
But famed defense attorney Dick Deguerin said his client Blomberg "was a hero."
 
"He didn’t stomp, he didn’t kick him, he didn’t hit him, he didn’t beat him," said Deguerin. "He was trying to get his hands behind his back so he could get him handcuffed."

So far, police and prosecutors have refused to release the tape of the alleged beating.

 

 

 

 

 

 

 

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