Iowa City releases video of November arrest that led to dismissal of police officer who is suing

More details have emerged about the incident that led to an inquiry into former Iowa City police officer Emilio Puente, including a November video showing Puente punching a suspect while he was being arrested.

The Iowa City Police Department sent the Press-Citizen a bystander video and criminal complaints from an arrest conducted Nov. 12 by Puente and at least two other officers. Puente appears to punch a suspect in the head three times while he is already on the sidewalk in downtown Iowa City with three officers on top of him and others standing nearby.

The 59-second video is peppered with bystanders yelling at the officer to let the 27-year-old man go and questioning their actions. Officers are heard telling him to "stop resisting," to which the suspect responds: "I'm not" and "Please let me go."

Lee Hermiston, the public information officer for ICPD, told the Press-Citizen that this incident and the bystander video is what prompted a formal review of Puente's conduct.

"Following the investigation, Officer Puente resigned in lieu of termination for misconduct on Feb. 3, 2022," Hermiston said in an email. "Because this matter is the subject of pending litigation, the City of Iowa City cannot comment further."

The Press-Citizen reported Wednesday that Puente is suing Iowa City, alleging his resignation was made under duress after Police Chief Dustin Liston asked him to. Puente had a union representative present at the meeting, but said he was not given enough time to get legal representation.

He is asking for Johnson County District Court to rescind his resignation.

Assistant City Attorney Jennifer Schwickerath told the Press-Citizen on Wednesday that the city intends to fight the lawsuit.

Puente also submitted a request to rescind his resignation to the Iowa City Civil Service Commission. That request was dismissed on a 2-0 vote Thursday.

More: Former police officer sues Iowa City, alleging his resignation was coerced

'It is disheartening': Puente and his lawyers respond to video's release

Peter Sand and Ryan Ellis, Puente's lawyers, sent a statement to the Press-Citizen on Friday stating their disappointment in the city's release of the video. Sand said they might appeal the Civil Service Commission's decision to district court.

"Today, in response to the issues raised yesterday, City management does not respond to the issue of proper compensation for Officer Puente’s duty injury, or the position they placed him in on February 3," the statement said. "Instead, management has chosen to release video clips to the public without full context, and publicly label what they depict as misconduct, thus casting aspersions on his character."

Ellis and Sand argue that Iowa City is trying to convince the public that Puente is a bad person, justifying their decision to leave him without income or compensation for an injury suffered when he was attacked by an arrestee nearly two weeks after the incident in the video took place.

More: Iowa City's new police chief, Dustin Liston, sees opportunity in restructuring department

Sand told the Press-Citizen on Wednesday that Puente is still recovering from nerve damage to his leg. While he has since stopped using crutches to walk, Puente still wears a walking boot or brace.

In an interview with the Press-Citizen, Puente said he never imagined he'd have to legally defend himself from a city he felt he sacrificed for and felt at home in.

"It is really disheartening," he said.

Puente said his nerve injury is chronic and he may have to get surgery. Puente remains unemployed since he resigned.

Sand and Ellis said any separation from employment should have taken into account Puente's injured state, especially since it occurred "while facing the very dangers that necessitate us having police to provide public safety."

"Officer Puente maintains that there was no misconduct in the arrest depicted on the video," the statement said.

Sand and Ellis also say in their statement that the video shows only a few seconds of action from a single angle and may not capture the full context of the police interaction.

More: Police involvement in fight outside Coralville school raises questions for some residents

What allegedly led to the Nov. 12 arrest? Police break up downtown fight

Criminal complaints sent to the Press-Citizen by Hermiston reveal more details about what happened that night, but were written from Puente's perspective.

The complaints detail three charges brought against Jasper Washington, including harassment of a public official or employee, interference with official acts and public intoxication.

According to Iowa Courts Online, Washington was found guilty of interference with official acts and public intoxication, while the charge of harassment of a public official or employee was dismissed March 2 by Magistrate Mark Joseph Neary of the 7th Judicial District of Iowa. Judgment was deferred on the two charges he was found guilty of.

Washington's attorney did not respond to requests for an interview with the Press-Citizen before deadline.

Puente told the Press-Citizen on Friday that he and another officer drove past Pint's Bar at 118 S. Clinton St. in the early hours of Nov. 12 and witnessed a fight. He said the two got out of their car, broke up the fight and began questioning those involved.

He said the other officer was speaking to Washington and attempted to arrest him. He said Washington resisted and the other officer took him to the ground, where both he and Puente "assaulted" Washington because he said the suspect was resisting arrest by saying derogatory things and attempting to run.

"That video starts halfway throughout our attempt to take (Washington) into custody. He was already sprayed with pepper spray to try and get him to stop resisting, which was ineffective," Puente said.

More: Coralville officials seek solutions to school fights after Northwest Junior High incident

A criminal complaint written by Puente does not mention what was shown in the bystander video, that Puente punched Washington while he was on the ground with three officers already on top of him.

Puente said Iowa Code and ICPD policy allows officers to strike suspects who are being "assaultive and resistant." He said he struck Washington twice and was able to get Washington's hands behind his back by doing so.

"I never really thought that (Iowa City) would try and fire me," he said.

George Shillcock is the Press-Citizen's local government and development reporter covering Iowa City and Johnson County. He can be reached at (515) 350-6307, GShillcock@press-citizen.com and on Twitter @ShillcockGeorge

This article originally appeared on Iowa City Press-Citizen: Iowa City releases video of arrest that led to dismissal of officer