Headlocks and Handcuffs: Safety or Brutality?
by Brian de Moya
February 11, 1998

On Saturday evening around midnight, I believe, I was sitting in my bedroom getting ready to go to sleep, as I was very sick and very tired. The music in the middle room was pretty loud, and I thought that my roommate and his girlfriend were in there.

They were, in fact, in his bedroom instead, and the door to our room was open. Two S&S officers arrived and knocked on my door. I answered their knock and was told that there had been a noise complaint. I turned off the music and returned to my room. They asked for my Dartmouth ID, and I gave it to them. Then I returned to my room to finish getting ready for bed.

By this time my roommate, Bert, and his girlfriend, Olivia, had come into the middle room. Officer Wilds inquired whether any of us had been drinking. I replied that I had not, and Bert and Olivia said that they had been drinking some. Officer Wilds, who seemed to be adamantly in charge of the situation, ordered Bert to gather all the empty beer cans and throw them away. (There had been a small gathering for Bert's birthday a couple hours earlier.)

When I heard this request, I went out to help Bert gather the cans. We threw all the cans away and returned to the room. Officer Wilds asked me if there were any more beers in the refrigerator. I replied that I did not know. He asked me if I wanted to open the refrigerator and remove any beer that might be in there, to which I replied that I did not and that he could do it.

At this point, he began to become angry. He began emptying the beer cans from the refrigerator. He told us (Bert and I, never addressing Olivia) that we would be taken into custody and would have to spend the rest of the evening in Dick's House or under the supervision of a male friend. At this point, I began to become a little agitated, and I told Wilds that I had told him twice already that I had not been drinking and told him that I would not be going anywhere but to bed as soon as they left. He stood up from gathering the beer, and began to threaten us with police involvement while directing profanity at Bert and I.

Up until this point, Bert had not said much, but he begun to become quite upset as well at the outrageousness of Officer Wilds. Officer Carr had not said very much to this point and was standing on the other side of the room. I began to raise my voice somewhat and told Wilds that he was completely out of line and out of control and that he could call the police but I was not going anywhere.

He called on his cb for backup from Hanover PD and said that there were two very drunk, rowdy, uncooperative males who were beginning to become physical and suggested that there was an unwanted visitor who would not leave (a noncollege student causing problems). As I said before, I was not at all intoxicated. Bert and Olivia had been drinking some, but were not significantly intoxicated or impaired in any way. We were not rowdy or very drunk. We were uncooperative with Officer Wilds' incredible demands and demeanor. Also, all of us were college students, and both officers knew that as they had taken our IDs earlier.

After hearing this call, both Bert and I were very upset. He suggested to me that we leave to avoid the escalation of the scene as we were both now increasingly upset by every action of Officer Wilds. We intended to leave the scene and let the officers deal with the beer and the violation of college policy and go on their way.

We grabbed our jackets and proceeded toward the door, where Wilds had already wedged himself preventing our exit. (To my knowledge, S&S is not permitted to detain or touch students.) We were met at the door by threats and shoves and told we would not be going anywhere. At no point in time did we physically retaliate or push or shove either officer, although we were quite adamant about not being handled by both officers.

At this point, realizing the current situation would obviously not facilitate our departure, Bert said that he needed to use the bathroom. He was denied permission and proceeded to take off his pants but not boxers and asked if he was supposed to go there or what.

Wilds responded quite threateningly, something to the effect that he would take Bert down if he urinated on him. He then changed his mind and offered that Officer Carr would escort Bert to the bathroom.

Wilds remained in the doorway while I stood near him and Olivia sat on the couch watching in disbelief. When Bert returned from the bathroom in front of Carr, he continued walking past our room. Both officers ran after him and when catching him, grabbed him and brought him back toward the room. At this point, I exited the room to the right and walked toward and down the central stairs. Officer Wilds ran from down the hallway after me down the stairs. I continued walking and when he got a few stairs behind me, I warned him not to touch me. There was a police officer at the bottom of the 3rd floor - 2nd floor stairs. When I was on the 1st and 2nd stairs to the bottom, still walking, Wilds shouted that's him.

With no communication whatsoever, the police officer grabbed me off the stairs, put me in a tight headlock and slammed me into the concrete wall. I was very upset and was asking him why he was doing this and what did I do. He told me to shut the f*ck up and was treating me as if I was some sort of fleeing criminal. I could feel his body behind me wanting to throw me down to the ground.

I never flailed my arms or initiated any contact with him at any time. With my head forced brutally against the wall, I flexed my muscles and resisted being taken down to the ground because if I was limp I was quite afraid a bodyslam on the hard floors of French Hall would definitely be injurious.

After a minute or so of my urgent pleading for an explanation, the officer succeeded in throwing me to my hands and knees.

He had me in a headlock with one arm and was forcing my head into the floor with his other forearm, while kneeing me in the back of my legs and shouting repeatedly at the top of his lungs that he was going to kick my ass, that I was a little f*cking prick, and other derogatory statements of a personal nature.

He wanted me to lay flat. I did not respond to any of these statements, but only kept pleading an explanation for his behavior. He pulled out a bottle of Mace or something and threatened to spray me at which point I laid flat on my stomach as I decided I did not want to be Maced on top of everything else.

Once I laid flat, he handcuffed me very tightly. He asked what year I was, and an S&S officer responded `2000.' The police officer said that it figures. Once handcuffed I no longer pleaded for an explanation.

I became extremely outraged realizing what had just happened to me and was responding to the now three S&S officers and the police officer in the same profane manner which they were addressing me. The S&S officers had apparently lost interest in Bert by this time.

When the third officer arrived I inquired what his name was. His response was to come six inches from my face while I was sitting indian style (cuffed) and shout defyingly while spitting in my face his name.

By this time Bert had followed down the stairs unattended by S&S. He approached me to make sure I was okay, at which point I began to cry, unable to believe that there were people like this in the world and feeling like this was really the last thing I needed as a pre-bedtime activity on top of all the other problems I am dealing with. Bert then approached the police officer and told him that I was really sick and taking painkillers. So the officer was under the impression that I was impaired and depressed and that's why I was upset. I assured him this was not the case and that I was clearly upset because I had just been assaulted by a `protector' of the law for absolutely no reason. While Bert was talking to the police officer, the S&S officers were mocking me because I was crying. The police officer stood me up and grabbed my arm escorting me outside. He was repeatedly tossing me against the walls and banisters down the stairs, until I angrily told him that I could walk just fine by myself. The S&S officers followed. Upon reaching the outside door of French, I stopped walking and demanded to know why I was handcuffed, where I was going, and why. The police officer responded again in his loud, threatening voice and asked if I wanted to be thrown down on the concrete as well. I obviously realized I would not receive any kind of legitimate response so I continued walking.

Before placing me in his car, the police officer said to hold on as he would adjust my cuffs to ensure they were not too tight. I was relieved at this statement because they were in fact very tight. To my dismay and disbelief, he tightened the cuffs. (I had bloody wrists from the cuffs and now have scabs.)

I waited in the car while all the officers talked outside. In the car on the way to the station, the officer lectured me about my behavior. I responded that it was his behavior which was uncalled for and unacceptable. I was taken to the police station where Officer Baynes discussed with another officer whether or not they were going to book me with resisting arrest.

I interrupted, uncuffed at this time, and asked what they were possibly arresting me for that would arise in a resist of arrest. They decided not to book me on that. So then they were reaching for something I had done wrong. They settled on me being officially in protective custody for intoxication, to which I also objected to, reminding them that I had told the S&S officers numerous times that I had not been drinking.

They offered me a voluntary breathalyzer. I accepted and blew a .000 BAC. At this point, my crimes and resulting possible punishments became unclear to me. To the best of my understanding, I was told that I would be charged with possession of alcohol which I would be called in for later this week so I could be `formally arrested' and pay $20 in bail money. As I played absolutely no role in procuring, serving, or consuming the alcohol, I also did not understand this charge.

The police officer never entered my room or questioned me or Bert about the alcohol or situation, so any information he received was second hand from the S&S officers.

I was also under the impression that any violations of alcohol related laws encountered by Hanover PD are turned over to the college, but I surely may be mistaken. I was released to Wilds and Carr, and they drove me back to my room. No words were spoken on this drive. As a result of the Officer Baynes' actions, I have suffered deep bruises on my hands, face, and knees in addition to the cuts on my wrists.”

I am very upset about the treatment I encountered from Officers Wilds and Wooley and the lack of intervention by Officer Carr.

I am outraged at the treatment I received from Officer Baynes.

It is my belief that both Officer Wilds' unprofessional conduct and Officer Baynes' lack of judgement and failure in assessing the situation contributed to the occurence of the unnecessary physical abuse to which I was subjected.