July 03--OWASSO -- An arbitrator has reduced to a written reprimand the November termination of a veteran Owasso police officer for using what the city termed was excessive force during an arrest last summer.
In a 21-page report summarizing a March grievance hearing, arbitrator Edward B. Valverde wrote that while Lt. Mike Denton used "unreasonable and unnecessary force," his actions did "not rise to the level of excessive force within the meaning of existing case law," and the discipline imposed is "excessive under all the circumstances."
Valverde ordered Denton, an Owasso police officer since 1994, reinstated immediately with back pay and benefits, less any interim earnings, documents indicate.
The ruling was dated June 20 and released to the Tulsa World on Sunday by Denton's attorney, Patrick Hunt. Denton filed the grievance through Fraternal Order of Police Lodge No. 149.
"We're happy about it," Hunt said. "Mike's very happy about it."
The city had recommended the dismissal of Denton, 46, in a memo dated and signed in November by Owasso City Manager Rodney Ray.
An internal investigation revealed that "some or all of the force applied" by Denton during the arrest of Bryan Scott Spradlin of Collinsville on June 30, 2011, could be ruled excessive, documents indicate.
The investigation also showed that Denton failed to record with audio and video the entire arrest and escort/booking of Spradlin, as required by department policy.
The Tulsa World has filed a lawsuit against the city of Owasso, which hasn't complied with an Open Records Act request to provide what video is available of the arrest.
"The impression, I think, was that Mike beat this guy up and did all this damage to his face," Hunt said. "What came out in the hearing is that his injuries to his face were caused because he did a face plant as he was taken into the station. He stopped at the steps. We call it 'playing dead.'
"He crashed forward and smashed his face. Later, Mike smacked him with his elbow in what we call the sally port area" at the jail.
Video evidence showed that Denton struck Spradlin on the left side of the face, Hunt said. A video shows hospital personnel treating the right side of Spradlin's face and not the left a couple of days later, the attorney said.
"The video proved that he wasn't injured by Mike," Hunt said.
Tony G. Puckett, the attorney who represented the city in the matter, couldn't immediately be reached for comment.
Answering a call about a disturbance caused by an intoxicated man, numerous Owasso police officers came into contact with Spradlin during his arrest at a residence in the 11610 block of East 83rd Street North.
Spradlin refused to obey commands during a field sobriety test and resisted officers' attempts to handcuff him, reports say. Officers Jonathan Foyil and Ben Wolery forced Spradlin to the ground, and as Wolery tried to gain control of Spradlin's hands, he attempted to bite Foyil's arm, the reports state.
After Foyil delivered a burst of pepper spray to Spradlin's face, he was placed in handcuffs. A straight-blade knife with a taped handle was recovered from Spradlin's shorts pocket, reports indicate.
Denton and Officer H.D. Pitt had to carry Spradlin into the police station because Spradlin refused to walk up the steps into the building, according to a police report.
At the grievance hearing March 29-30, the city argued that Denton used excessive force on three occasions: when carrying Spradlin on the ramp leading to the jail lobby; inside the jail lobby and in the sally port, documents show.
Evidence showed that Spradlin went limp on the concrete steps leading to the ramp, causing him to fall face forward on the surface, records indicate.
The arbitrator found that Denton stepped on Spradlin's head while carrying him up the ramp, records indicate. Valverde also determined that Denton pulled Spradlin's handcuffed arms above and beyond his head as he was lying in the lobby and struck Spradlin's face three times with an elbow in the sally port, documents indicate.
None of the three instances rose to the level of excessive force, and no clear evidence was presented that Denton injured Spradlin in any of the incidents, Valverde found.
Valverde determined that Denton "is an above average employee who has demonstrated superior performance on more than one occasion in the past." The arbitrator also found that "based on Denton's quality work record and OPD's demonstrated level of tolerance involving employee misconduct," a written reprimand is the appropriate level of discipline.
Rhett Morgan 918-581-8395
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