As resisting arrest grows, stiffer penalties sought
Local police see measure as positive, but not preventive
March 3, 2010 | 0 comments
Fifteen years ago, Wauwatosa police Capt. Jeff Sutter was injured while trying to handcuff a drunken driver who didn't want to cooperate. Sutter's wrist snapped back, causing injury to his bones and tendons. He endured three reconstructive surgeries and missed nine months of work.
And these days, it has become more common for suspects to resist arrest, he said, although he did not have specific numbers at hand to back up what he's seen.
Criminals seem to think they have to resist to show off for their peers, Sutter said. With the prevalence of cell phones, suspects are calling their friends to the scene when they hear police are on the way.
In some cases, members of the crowd end up getting so involved - swearing and yelling at officers from the sidelines or, worse yet, throwing punches - that they too end up with disorderly conduct citations.
Greater consequences eyed
From an ankle turned while chasing a fleeing suspect to back pain from a driver ramming the squad car, officers do get injured on the job. Most people believe there are criminal consequences associated with such acts, but state law considers only striking a police officer to be a felony, said state Sen. Jim Sullivan, D-Wauwatosa.
"The defendants are not being charged (for resisting) because it brings in question of intent," Sullivan said.
Attorneys argue that the suspects don't intend for the officer to get hurt, but that doesn't wash with the senator.
"Fleeing from the police is an intentional act," he said.
That's why he has proposed legislation that would make people who injure a police officer while resisting arrest face stiffer penalties, he said.
The police protection bill won the support of the Judiciary Committee on Feb.18 and likely will come up for a vote by the entire Senate in coming weeks.
After a hearing on the proposed bill, Judiciary Committee Chairwoman Lena Taylor asked for some changes to the bill. She was worried about felony charges for causing a bruise or a scraped knee.
A draft amendment is expected to make minor injuries a misdemeanor and more substantial harm a felony, Sullivan said.
"When people put their bodies on the line to protect us, we need to make sure we're doing all we can to ensure their safety," he said.
Not likely to stop injuries
Several Wauwatosa police officials said they are not yet familiar with the details of the proposed legislation, but they don't foresee the threat of stiffer penalties serving as a deterrent on the streets.
"When it's happening, they get caught up in the moment," Sutter said, adding that many suspects are under the influence of drugs or alcohol, making their actions more unpredictable.
Still, officers appreciate any effort to support and protect them while on duty, and they see more severe ramifications having a role when it comes to criminal charges, Lt. Dominic Leone said.
"We're not punching bags for the public," he said. "We certainly don't see that as acceptable."
Locally, officers have suffered the gamut of injuries, from small puncture wounds to major knee injuries that required multiple operations and ended in a medical retirement. These injuries increase the city's workers' compensation claims, and overtime costs go up when officers have to fill in for an injured co-worker.
Training, dog help
Very few of the injuries have come as the result of a direct attack on an officer. A more likely scenario is that an officer tells a suspect to put his hands behind his back and the suspect gets defiant.
On Feb. 16, a Waukesha man who had taken alcohol from Ray's Liquor ran from police, weaving between cars on North Avenue. The officer wasn't sure if the suspect was just trying to lose him or if he wanted the officer to get struck by a car, according to the police report.
Officers prepare for resistive behavior by taking part in defensive arrest tactic training several times each year. They also are equipped with pepper spray and stun guns. The addition of a police dog to the department also is expected to help.
"Based on the information we have, people want no part of the dog," Sutter said. "People see the dog and surrender."
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