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W-B Police Won't be Charged for Alleged Beating

W-B Police Won't be Charged for Alleged Beating - Tuesday, December 29, 2009 at 6:15PM EST

Reported by: Mike Trim
Tuesday, Dec 29, 2009 @ 06:15pm EST
WILKES-BARRE, LUZERNE COUNTY -- Six Wilkes-Barre police officers will not face charges in an alleged police brutality case. Luzerne County District Attorney Jackie Musto Carroll made that announcement late Tuesday afternoon.

Luis Cruz of Wilkes-Barre claims he was beaten by officers who arrested him in August. A four month state police investigation followed.

"I am very confident in what I have seen in the report," said Musto Carroll.

She says the state police report states Cruz was high on cocaine and combative with police officers on August 25th. That's when Cruz was arrested at Dana and Stanton streets in Wilkes-Barre.

The report says neighbors called police after Cruz ran up and down the street yelling he had a gun and people were out to get him.

According to the report, officers approached Cruz and used pepper sprat to subdue him because he wouldn't cooperate. State Police say a scuffle happened while police tried to place Cruz in a police car.

Cruz was then taken to the hospital. We talked with Cruz in August days after the incident. Cruz told Eyewitness News, "It started violent, they pulled out batons and started hitting me, tackled me to the ground, started pounding on my face on the curb, kneed me in the back hitting me in the back of the head. They did as much as they could to hurt me!"

But the state police report tells a different story. It says Cruz threatened police officers and hospital workers once he was admitted.

The report says Cruz has a history of mental illness. Cruz's attorney Barry Dyller says this isn't the end of this case.

We talked with Dyller off camera and he says just because the district attorney cleared the officers of charges, that doesn't mean they acted appropriately. Dyller says a civil case will be filed.

Cruz is currently facing charges from this arrest including disorderly conduct and resisting arrest. There is also a separate FBI investigation into this incident that's still open.
 


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