August 25, 2017 - The Center Police Department is facing allegations of excessive use of force by two of its officers during a traffic stop in January through a civil rights lawsuit filed in federal court August 18, 2017.
Allegations made in the 11-page complaint are Center Police officer Spencer Anderson, in his patrol car, "chased" Kenith Windham on January 21, 2017 to Brown Street where Windham did not pull over, but crashed.
It is further alleged Anderson pursued Windham on foot before wrapping his legs around, choking, and relentlessly striking Windham in the face multiple times causing several bones in his face to be fractured.
Sgt. Chris Knowlton is alleged after having placed handcuffs on Windham to have admonished him to stop squirming and spitting while Windham was on his knees, bleeding and handcuffed. In regards to this, Knowlton is also alleged to have threatened to release his K-9 to attack Windham. The complaint says at this time Windham was spitting blood because his mouth was filling with blood due to multiple injuries including a broken palate.
The fear of dog attack is explained to be the reason why Windham then attempted to flee the officers on foot in fear for his life.
This is when the complaint alleges both Anderson and Knowlton ran Windham down on foot and when the officers caught up to him Anderson began striking Windham again, while handcuffed, and threw him on the pavement. With his hands cuffed behind his back, Windham was unable to break his fall.
The complaint describes the resulting medical expenses of the incident incurred by Windham to be more than $120,000 and suggests he suffers loss of depth perception, impaired peripheral vision, impaired sense of smell and other nerve damage because of the alleged beatings.
According to the Center Police Department incident report obtained by Shelby County Today, Officer Anderson reported attempting to initiate a traffic stop on Windham when he alleges Windham failed to stop for a stop sign at the intersection of Daniels Street and Martin Luther King Drive. Officer Anderson reported chasing the vehicle down several streets and losing sight of the vehicle on two separate occasions.
Officer Anderson reported regaining sight of the vehicle once again on Loop 500 traveling toward State Highway 87 and the pursuit is alleged to have re-engaged at speeds of 100mph to 105mph. When the vehicle being pursued reached Brown Street, the report alleges the vehicle attempted to turn onto Brown Street at a high rate of speed and missed the roadway before coming to a complete stop after hitting a fire hydrant.
What the complaint and the incident report seem to corroborate is Windham received facial fractures.
This required Windham to have received a PR bond on the charge of driving while intoxicated - 2nd, at the emergency room to facilitate his transfer to a hospital in Tyler for more extensive treatment.
The Shelby County Attorney's office rejected the charge of resist arrest, search, or transportation, misdemeanor A. Court records do not indicate at this time if the charges of evading arrest or detention, felony 3; assault, felony 3; or escape, felony 3; will be pursued by the Shelby County District Attorney's office.
Windham was arrested March 7, 2017 on the resisting arrest and evading arrest with a vehicle charges.
