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**Narrative:**
Officers were dispatched to 650 E Market St. Circle K regarding two males fighting. When I arrived, I saw two males arguing in each other’s faces near the bus stop. I told them both to stop, and David started walking away. I told David to stop and asked him why they were arguing. David said the other male asked him for money and David went on his way. I went to speak with the other male and heard David screaming from across the street at Burger King. David was yelling from across the street, saying he was going to get a gun to shoot me. There were several people in the Burger King parking lot when David was yelling at me and numerous cars driving in the intersection of Buchtel/Market St. There were also several people at the Circle K that could hear David yelling. I drove over to the Burger King and stopped David on Cotter St. I told David multiple times to place his hands on top of his head so I could place him under arrest.
As I pulled my handcuffs out, David pulled away from me. I still had a hold on David’s arm. David said someone should bust a cap in my ass. I told David again to place his hands on his head, as he was actively resisting. I attempted to force David to the ground, but he pulled away, and I fell, injuring my left elbow. While I was on the ground, David got up and tried to punch me. I got David on the ground and had control of him. He was on his back. I told David to roll over, and he said no. David was still resisting, trying to crawl away and grabbing my arms. I punched David several times because he was still actively resisting and would not roll over to be placed in handcuffs. Other officers arrived, and I was able to place him under arrest.
David refused EMS on the scene. I could smell the odor of alcohol on David’s breath. A beer was also located in his backpack. During the search incident to arrest, I found an unknown amount of white rock substance in David’s wallet. David admitted under Miranda, it was crack cocaine. David was transported to SCJ by Wagon #86. Sgt. Bowman on scene.
**Charges:**
1. Use of Force
2. Disorderly Conduct – Fighting or Threatening
3. Disorderly Conduct – Offensive Gesture or Noise
4. Resisting Arrest – Causing Physical Harm to a Law Enforcement Officer
5. Possession of Drugs – Schedule I or II Substance
6. Disorderly Conduct – Intoxicated, Annoy, or Alarm
