SEATTLE – A Seattle police officer is now charged with assault for kicking a handcuffed man in the head following a fight outside a bar last year. But the police union president says the initial attack on the off duty officer was racially motivated and he is blasting the city attorney for filing charges.
Officer Garth Haynes is charged with fourth-degree assault, a gross misdemeanor, in connection with a December 2010 fight outside the Balmar Bar and Lounge. Seattle Police Guild President Rich O'Neill said the kicking incident, which was captured on a grainy dashcam video, came after three men assaulted Haynes.
"The Seattle Police Officers Guild is outraged by the decision of the City Attorney Peter Holmes to charge Seattle Police Officer Garth Haynes with assault. The whole story has yet to be told regarding this incident," said police guild president Rich O'Neill.
The Seattle City Attorney's Office brought the charge after the King County Prosecutor's Office declined to charge Haynes with a felony.
Haynes was at the Balmar with a friend when both men's jackets went missing. Haynes went outside, saw a woman holding the jackets and asked for them back.
While Haynes, who is black, was talking to the woman, he was jumped from behind by the three white men. Those men did not know the woman and, contrary to what they say, they were not coming to help the woman, O'Neill said.
Haynes called 911. When officers arrived, they handcuffed the three men. Hayes then stepped on one of the men's heads, which was caught on video.
O'Neill said there is a second video that hasn't been made public yet which shows the three men using racist comments toward Haynes as they are being taken to jail. One of the men allegedly said "What would you do if you saw a black man touching a white woman?"
"I believe the officer is a victim of a hate crime. When you have somebody being transported back to the precinct, telling the officer that's driving them to the precinct, 'What would you do if you saw a black man touching a white woman?' And these are the people now we're going to call victims here?" said O'Neill.
O'Neill said he takes issue that Haynes received a concussion and a black eye and the men responsible were not charged, but Haynes is now charged with assault for the off duty incident even though the men were not injured.
"Pete Holmes would not be charging him if he was Garth Haynes the plumber. He's Garth Haynes the police officer and he's seen on a video stepping on someone and causing no injury to them. Zero injury. And now, he's going to go through an entire trial," O'Neill said.
The attorney for the man who was kicked said even if racist remarks were made, it doesn't make Haynes' actions OK.
"If a plumber walked up, anybody walked up to Jake on the ground, handcuffed and kicked him in the head, he would have been arrested immediately," said Leary. "When someone is arrested and in custody and complying, officers are not entitled to get an extra shot, regardless of the situation, regardless of their feelings or frustrations."
The prosecutor's office said Haynes refused to talk to them about the case.
Haynes faces a maximum of one year in jail and a $5,000 fine if convicted of the gross misdemeanor. He is currently on administrative reassignment.
Haynes is the second Seattle police officer to be charged with assault this year.
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