Former officer Andrew Blomberg is accused of misdemeanor official oppression. On Tuesday, Houston Police Chief Charles McClelland talked about what happened during that videotaped arrest.
The police chief told the jury when he saw that video, it appeared to him the suspect had already surrendered before officers began kicking him repeatedly. But defense lawyers say the tape doesn't tell the whole story.
You could see Blomberg listening closely as his former boss, Chief McClelland, analyzed this controversial video before the jury.
"Former officer Blomberg acted inappropriately against policy, training and in violation of state law," Chief McClelland said.
The police chief and investigators identified Blomberg as the officer you see in the video running toward the burglary suspect, who was then 15-year-old Chad Holley.
McClelland pointed out Blomberg never had his gun drawn as he grabbed the fence and began stomping Holley a few times before running off.
"Officers have special training, and they are taught to constantly assess and reassess. And if you can't do that, then you are not cut out to do this type of work," Chief McClelland said.
He told the jury Blomberg violated safety protocol.
Blomberg has told the jury he's not guilty of the official oppression charges he's facing.
His defense lawyer, Dick Deguerin, grilled the police chief on a legal issue, where the Supreme Court determined reasonable use of force must be judged from the perspective of the officer on the scene, not from 20/20 hindsight.
We asked the chief about the issue moments after he testified.
"I'm an experienced police officer, have more experience than Blomberg, been on the streets longer than Blomberg, so I think that I'm in a good position to certainly make a judgment call on a reasonable officer standard," Chief McClelland said.
Blomberg's defense team also called its witnesses on Tuesday afternoon. They included officers of the gang task force unit who were present during the time of Holley's beating arrest.
Blomberg's charged with a Class A misdemeanor. If convicted, he faces up to one year in jail or a $4,000 fine. His defense team will continue calling its witnesses beginning Wednesday morning.
(Copyright ©2012 by The Associated Press. All Rights Reserved.) Get more Local »local, demond fernandez
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