Boynton Beach Officer Who Pulled Gun on Suspect Video-Recording Him Cleared by Department (UPDATE)
One of the men Boynton Beach Police pulled over, Jack Naubert, is filing a lawsuit against the BBPD. Naubert's attorney, Ken Lemoine, says the lawsuit alleges false arrest and civil rights violations. Naubert is the one in the video who is specifically threatened by the officer.
Lemoine has sent the police department a letter notifying them of the lawsuit.
"We are in receipt of Attorney Lemoine's letter of intent to sue," Stephanie Slater, PIO for
Boynton Beach Police Department, told New Times via email. "As a result, we respectfully decline any further comment on the matter."
Boynton Beach Police have released a statement clearing the officer who pulled a gun on a suspect who was recording him on a cell-phone camera last year.
The video, which was shot in 2013 but has gone viral on social media sites recently, shows Boynton Beach Police officers pulling over a car with four young black males inside. One of the men in the car begins to record the officers during the traffic stop.
After a few moments of speaking with the men in the car, the officers seem to become agitated at the lack of cooperation, and things get heated.
One of the officers, Sgt. F. Danysh, asks the men where they live and asks the occupants in the car for their identification.
"I'm about to start recording this shit," one of the men in the car says to Danysh.
"Yeah, start recording it," Danysh says. "Shut that phone off right now," he then says.
"I have rights, I have rights, sir," the occupant responds. "I'm recording your ass. What the fuck you gonna to do?"
The driver of the car then asks Danysh, "What's your badge number, sir?"
Danyish gives the man his number.
"What's your name, sir?" the man then asks.
Danyish then suddenly slaps something out of driver's hand and angrily tells him to get out of the car three times. When the driver exits the vehicle, Danysh grabs him, throws him to the ground, and cuffs the driver with a knee to his back.
That's when the second officer comes thundering in with his weapon drawn and pointed at the other occupants in the car.
"Let me see your hands!" he commands, pointing his weapon at the person sitting in the passenger side. "Put your hands on the thing!"
The officer then says, "Keep them right there. I'll fucking put a round in your ass so quick."
When the suspect with the camera phone expresses shock over the officer's threat, the officer looks at the camera, walks over to the back seat, and opens the door. That's when the video is abruptly cut off.
According to an arrest report of the incident, the officers were apparently in the area conducting an investigation of a "violent home invasion robbery." The report says they were on an active search for a suspect described as a "thin, tall, black male wearing black clothing."
The description happens to match the driver of the vehicle.
The report says the officers spotted a Toyota Camry driving slowly about two square miles from where the apparent home invasion took place, with four men inside acting like they were trying to conceal themselves.