Hobart family claims police abuse

NeoRayden

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Hobart family claims police abuse

BY DEBORAH LAVERTY
[email protected]
219.762.1397, ext. 2223 | Tuesday, February 26, 2008
http://www.nwi.com/articles/2008/02/26/news/top_news/doc222e71172169560f862573fb0014bfa1.txt

HOBART | Candace Olig couldn't hold back the tears Monday as her lawyers played a videotape they say provides visual proof of her family's accusations of police abuse. Watch the surveillance video (Edited for brevity).

The 32-minute videotape, taken on the night of Aug. 30 in the Oligs' front yard, shows police arriving at the home in response to a call by the Oligs, who reported a disturbance in their neighborhood involving a speeding car. In moments, the scene turns violent.

Words are exchanged before a police officer enters the Oligs' front yard and then is seen throwing a punch that knocks Candace Olig to the ground. As a struggle ensues involving other officers and family members, the same officer is seen in the video pointing his gun at her.

Other family members, including husband James Olig, 46, and sons David, 21, and Brian, 18, can be seen in the videotape being grabbed, wrestled to the ground and handcuffed by police. The Oligs' younger children are seen on the video watching the scene from the front porch.

The incident, which was videotaped on the Oligs' home security system, is the basis of a tort claim notice filed last week by Dyer lawyers Ronald F. Layer and Michael Babcock.

The claim is a prerequisite for a lawsuit alleging police abuse and unnecessary use of force that will be filed within a 90-day period, Layer said Monday during a news conference at his law firm.

Deputy Police Chief Jeff White and Lt. Steve Houck, the department's spokesman, referred all questions on the case to Hobart City Attorney John Bushemi.

Bushemi, who acknowledged receiving a copy of the claim on Wednesday, said Monday the incident is being investigated.

Mayor Brian Snedecor, a former Hobart police chief who was a detective sergeant at the time of the incident, confirmed the investigation.

Layer said three police officers, Paul Oliver, Mark Mokris and David Burney, responded to the complaint shortly after 10 p.m. that night, initially speaking to the four family members, who were in the front yard of their house in the 300 block of North Wilson Street.

"The incident was caught on security video. We looked at it long and hard, and we still felt what we saw was abuse and unnecessary use of force," Layer said.

All four Oligs were arrested and face pending charges that include disorderly conduct, resisting law enforcement and battery on law enforcement, he said. Family members had no prior criminal arrests, Layer and the family members said.

Babcock said the Oligs were standing in their front yard, and were talking to police, who remained on the opposite side of the front-yard fence.

He said the two sides exchanged information about the speeding vehicle disturbance.

"But it's obvious to them the officers have no interest in what they are saying," Babcock said.

It is after the Oligs tell police that they will take the matter up with the mayor that James Olig can be seen in the video heading with his family back to their house, Babcock said.

"We're done here," James Olig reportedly told police.

Candace Olig said it was then that Oliver followed the family inside the fence and called her a "fat ass."

She said she didn't respond to the police taunt but she was punched by Oliver, who later pointed his gun at her before taking her into custody.

Candace Olig, who suffered head injuries, was the only one of the four who sought medical assistance, Babcock said.

As seen on tape

Events of Aug. 30 as seen in the family's home surveillance video and according to their attorneys, Ronald Layer and Michael Babcock:

* Olig family calls Hobart police to their home, in the 300 block of North Wilson Street, shortly after 10 p.m. in regard to a speeding car disturbance in their neighborhood.

* Three police officers arrive and begin discussing the disturbance issue with Candace and James Olig and their sons David and Brian, all of whom were standing in their yard.

* The verbal discussion ends, say the Oligs, because police don't seem interested.

* James Olig tells police he'll take up the issue with the mayor and he attempts to usher his wife and two sons back to their house.

* Officer Paul Oliver is seen walking inside the family's fence, entering the yard and saying something to Candace Olig with the other two officers, Mark Mokris and David Burney, also entering the yard.

* Oliver is seen punching Candace Olig, knocking her to the ground. One of her sons can be seen attempting to protect his mother before Oliver takes him down too and then points a gun at Candace Olig.

* The other two officers can be seen subduing, then handcuffing James Olig and the couple's other son.
 
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If these cops dont end up in jail, I wouldnt be above advocating vigilante justice for this. This is just blatant abuse of power.
 
As a former victim of Police brutality, I have only one thing to say...

"Fuck the Police! Coming Straight from the Underground!"
 
It's hard to tell from just the video, as you need to know what was said to form an informed opinion. If you take it at face value that they called the police in response to speeding cars, then harsh words are no justification for entering onto private property and resorting to physical violence. From her body language, I don't doubt that she said something to them (it appears someone from her family is trying to get her to come back to the house during the exchange), but disagreeing with and insulting a cop is not grounds for arrest.
 
This is clearly an instance where the police were right on.. the whole family was wrong and it looks like the woman started it. The tape proves this family was out of control and the police officers had a serious problem on their hands (they basically blew their own case). Bravo to the police, and I don't get to say that often.


Private Property (Constitution) does not prevent police from being on private property while conducting official business.
 
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