A lawyer said Thursday that he intends to file a lawsuit over the May 30 incident in which Michael Clark was injured.
IDAHO SPRINGS, Colo. – An attorney representing a 75-year-old Idaho Springs man who was killed by an officer who was later fired and charged with assault said she intends to file a lawsuit over the May 30 incident.
Former Officer Nicholas Hanning is charged with third-degree assault on an adult at risk, according to the 5th Judicial District Prosecutor’s Office. Prosecutors said he voluntarily surrendered to a court order and was ordered to surrender all weapons in his possession.
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His charges stemmed from an incident that occurred on May 30. According to prosecutors, Hanning and another officer named Ellie Summers were responding to a call about an alleged assault on a woman by their neighbor.
When agents contacted the suspect, who was described as a man in his 70s, he was holding a “sword-like weapon with what appeared to be teeth along both edges,” according to a press release from the prosecutor’s office. district. Idaho Springs police gave a similar description.
Hanning and the man got into a fight, the statement said, and he deployed his stun gun after he and other officers gave multiple orders.
Attorney Sarah Schielke represents Michael Clark, the man who was stunned and obtained body camera footage of the incident that she says paints a very different account of what happened.
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“We knew it was going to be bad from Officer Hanning’s arrest affidavit,” he said. “But it turns out that that affidavit did not do justice to the level of injustice seen in these videos. You have to see them to believe them. “
She said the two officers knocked on the door of the 75-year-old man’s apartment, broke inside, attacked him and returned to the hallway.
Body camera footage provided by Schiekle shows the offers banging on Clark’s doors before he opens them and yells, “What do you want?”
Quickly there is a physical confrontation with the officers yelling at Clark to “quit.”
It is difficult to see if he is holding something in the video, but he turns and places something on top of a nearby dresser and then turns to the officers with nothing in his hands, who are clearly visible. The officers ordered him to get down on the ground but they refused, instead he began to explain that his neighbors hit the wall so hard that he thought they were going to break through the wall. Seconds later, the video shows Clark being attacked while the officers are several feet away.
Schiekle said he was inside his apartment unarmed with only a pair of boxers when he was attacked.
As they dragged him into the hallway, Summers said on the radio that Clark came out with a machete.
> The following video shows a video of Summer’s body camera. Viewer discretion is encouraged.
Clark lost consciousness and flew back from the tasting, the video shows. His lawyer said he hit his head on a dining room chair going down.
Clark was eventually hospitalized for heart complications and 36 hours later suffered a stroke, according to Schielke.
He was never charged with any crime.
Finally being able to see the videos has been a vindication for this family on some level, as they confirm everything Mr. Clark has said, but seeing the horrors they contain, after fighting for so long to get them, has been traumatic. The tragic and unnecessary abuse of this man in his own home cannot go unnoticed.
There have been many tears and much anger in recent days as the family is grieving and trying to process all the evil abuses of power seen in these videos. “
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Clark has not seen the videos. He provided the following statement through his attorney.
“The way I was brutally attacked and nearly killed… It has really affected me in so many ways. The memory of how they treated me, and not only how the police treated me, but also the prosecutor, as if I were the aggressor, affected me seriously.
Some people may wonder why I would be so determined to post these videos, when posting them means that everyone I know will see me in my boxer shorts, stripped of my dignity and assaulted in my own home.
But what the world will see in these videos is not me at my worst, but a police department at its worst. I am a patriot. I love my country. There are a lot of good people out there, good cops. These are not them. People like this shouldn’t be police. What was taken from me that day, I cannot put into words. I’m going to do whatever it takes with the little time I have left to prevent this from happening to anyone else. “
> The following video shows a video of Hanning’s body camera. Viewer discretion is encouraged.
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