
Woesner was one of the officers arriving to the scene of a disturbance involving Eric and his neighbor. Eric's wife has called into law enforcement for help as Eric's neighbor had brandished a knife at Eric. Seeing Erics wife make a phone call the neighbor who has brandished the knife at Eric then calls into law enforcement and falsely states he is the victim, Eric has physically charged at him, and Eric has a weapon on him.
Woesner on scene approaches Eric to pat search him for a weapon. Eric is unaware and would have no way to know that his neighbor has falsified that he is armed with a weapon when he is not. Eric is agitated on scene, upset at the situation, unaware of his neighbors' false claims. Eric complies with and agrees to the pat search by Woesner, without being told that law enforcement thinks he is armed due to what his neighbor has falsified.
Woesner then begins to handcuff Eric without telling Eric this is what he is going to do, as Eric was told he was going to be pat searched not handcuffed. Eric then panics as he is already in an agitated state and yells to be let go. Woesner then escalates the situation more by elbowing eric in the face multiple times, within then other officers then also strike Eric multiple times which includes more elbows to the face, a punch in the stomach and being tasered in the back.
#102 The FSO Supervisor, Sgt. David Rippe, of FSO deputies evaluated the circumstances surrounding the July 6th, 2020 incident and determined the application of force upon Plaintiff was legally appropriate and consistent with the trainings and policies of FSO.
#107 POST training instructs offers the reasonable of force is judged from the perspective of a reasonable officer on the scene at the time of the incident.
#47 Defendant Woesner believed plaintiff had violated Penal Code section 422 based upon Mr. Popes description of plaintiffs actions during his 911 call.
Woesner arrived at scene with bias. Woesner believed prior to arrival Eric was guilty of attempting to assault his neighbor and that he was armed with a weapon. Because Woesner had bias and was not reasonable it did not occur to Woesner that Eric would have no way of knowing that his neighbor had falsified statements that he had a weapon when he did not
#105 FSO contracted with and utilized a nationally recognized and award winning vendor, Lexipol, LLC ("Lexipol"), a Delaware Limited Liability Company, to create its policies and procedures.
Lexipol, Deescalation a Common Sense Approach
The Court: Okay. Did you tell him that you were going to place handcuffs on him in order to do the pat search?
The Witness: I don't believe I told him that no.
An unreasonable officer with bias, who failed to consider that the person he was approaching would have no idea false statements had been made about him having a weapon, because Woesner believed Eric had a weapon, then approached a person notated by many on scene as "agitated", failing to let the person know they going to handcuff them which put Eric into a panic.
MR. SIMONES: Q. Was he upset at this time?
A. Yes. Very violent. Very hostile.
Without video the false statements that Eric was being violent would have gotten Eric wrongfully convicted.
Eric Felix Martinez, Civil Suit Case #1:21-cv-01417-KES-SKO
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