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Scuffle brings on inquiry
Assault by police claimed

David J. Cieslak The Arizona Republic Jan. 1, 2005 12:00 AM

A 22-year-old man involved in a scuffle in November with Phoenix police believes he's permanently disabled from the incident and said the officers should face assault charges for their actions.

Jaime Jimenez-Espinoza, a Mexican national charged with attacking a pregnant woman near 43rd Avenue and McDowell Road, said he was embarrassed by the altercation with the officers and has nightmares about it. The Nov. 23 scuffle was captured on videotape by a 12 News crew in the station's helicopter.

"I guarantee you, if I hit one of them, they would punish me," Jimenez-Espinoza said through a translator during an interview at the county's Durango Jail. "The police should learn from this so they don't do this again."

Phoenix police have launched two investigations, a criminal probe and an internal review, into the officers' conduct during the scuffle, said Sgt. Randy Force, a police spokesman. Once completed, the criminal investigation will be forwarded to the Maricopa County Attorney's Office, where prosecutors will decide whether to charge the officers.

"We're well aware that the officers' actions caused concern not only within the community but within the Police Department," Force said Thursday night. "If the County Attorney's Office believes these officers broke the law, it'll be up to them to take action."

The altercation occurred after Jimenez-Espinoza bolted from a car following a pursuit through west Phoenix. The married father of a 1-year-old boy said he ran from police because he feared immigration officials would deport him if he was arrested.

Police chased Jimenez-Espinoza after he reportedly robbed and assaulted a pregnant woman, then forced her into a vehicle at gunpoint. The woman was not seriously injured, authorities said.

Jimenez-Espinoza was charged with kidnapping, armed robbery and assault in connection with the incident. He declined to discuss the events leading up to the scuffle with authorities, saying only that he met the woman earlier in the day and he believes her testimony will exonerate him.

After a brief foot pursuit, Jimenez-Espinoza said he was surrendering and had his hands in the air when the altercation began. The 12 News footage shows Jimenez-Espinoza was handcuffed through most of the scuffle.

Among the actions shown on the unedited tape:

Officer Steven Huddleston, 31, lunges at Jimenez-Espinoza, who was facing a wall and did not appear to be resisting.

Once Jimenez-Espinoza is on the ground, an officer strikes him twice in the torso with his hand. Police then drag the suspect in the dirt before an officer places a foot on his midsection.

Officer Thomas Beck, 32, talks to Jimenez-Espinoza with his fist on the man's head and neck, clearly placing a large amount of weight on him.

The officers roll Jimenez-Espinoza onto his back and begin searching his pockets. A short time later, Beck punches him in the groin. They flip him back over and Huddleston stands on the back of Jimenez-Espinoza's left knee for a few seconds.

As police walk the suspect to a patrol car, Huddleston strikes Jimenez-Espinoza's face with his elbow.

Jimenez-Espinoza, who said he has not met with an attorney since his initial court appearance three weeks ago, believes his feet were damaged in the scuffle and claims he has recurring pain in his head and back. He said he's considering legal action against the city.

"They were abusing me. I was defenseless there," said Jimenez-Espinoza, who claims officers were shouting racial slurs as they struck him. "I was just thinking everything should have been fine, but they were beating me up a lot. They just kept hitting me."

Photographer Carlos Chavez contributed to this article.