Business owners challenge Altoona, police officials
An
Altoona couple filed a civil lawsuit against the city of Altoona and city
officials, including the former chief of police and two members of the Altoona
Police Department.
Heather
and Aaron Bucklin with Bucklin Properties allege they and their two children
were victims of police misconduct — involving false accusations of criminal
activity, failure to enforce Iowa law, and fabrication or alteration of
surveillance video and audio evidence — during Police Chief John Gray’s
management in November 2010, according to a court document.
The
document states unlawful actions taken by Altoona police officers Louis Miner
and Alyssa Wilson Green caused “physical and mental pain and suffering and loss
of ability to enjoy life” for Heather and Aaron Bucklin and both of their
children, ages 12 and 7 at the time of the incident.
The
couple’s attorney, who helped prepare the court document, said he believes he
holds sufficient evidence to support the claims.
“Everything
you allege needs to be proven, and clearly we think we have the evidence to
sustain the claims in the petition,” said Ted Sporer, attorney with Sporer and
Flanagan.
This
evidence includes video and audio surveillance taken from a police vehicle on
Nov. 13, 2010, when Altoona police officers took Aaron and Heather Bucklin into
custody on charges of assault with a dangerous weapon and interference with
official acts. Sporer said the video and audio support the claims in the court
document.
The
charges resulted from a confrontation with police officers and tenants Tracy
Dennis Root and Charlene Ray Root, who were delinquent on rent and other
payments due to Bucklin Properties at 209 Eighth St. S.W., Altoona, according
to a police report.
Altoona
police officers Miner and Wilson Green were called to the Bucklin’s property
when an altercation began between Aaron Bucklin and the Roots over intentions
to remove property from the Maid-Rite restaurant, managed by the Roots,
according to the police report. Bucklin and Sporer said Bucklin Properties
possessed a statutory landlord’s lien preventing the Roots from removing any
personal property.
The
alleged assault occurred after Miner allowed the tenants to remove a filing
cabinet from the property while Miner was taking photos of the scene before
securing the business until both parties could provide proof of personal
property ownership, the report stated. The Roots said the Bucklins attempted to
hit them with their SUV, the police report stated.
After
the alleged assault, officers physically restrained Aaron Bucklin and pointed a
Taser at him before arresting him and Heather Bucklin, according to the police
report filed by Miner, who allowed the Roots to load up the filing cabinet
after the incident.
Three
months later, all assault charges were dropped. The Bucklins’ defense attorney,
Matt Lindholm, said this was because a private investigation revealed a witness
who was not included in the police report and denied the assault allegations.
“After
reviewing those statements, the county attorney decided they could not prove a
crime occurred or could not prove their case, and the case was dismissed,”
Lindholm said.
But the
Bucklins and Sporer say significant damages remain, which prompted the March 14
lawsuit.
The
court document includes a list of more than 100 items that were allegedly taken
from the property, including freezers, ice machines, a microwave, light
fixtures, countertops and “thousands of dollars in food.”
Sporer
said the total value of the items is yet to be determined, but exceeds $5,000.
He said the ultimate value and restitution will be decided by the court. The
Bucklins declined to comment on the case until it develops further.
Jason
Palmer, who is representing the city of Altoona, also declined to comment on
the allegations against the city.
Had enough? Write to the Speaker of the House, U.S. House of Representatives, Washington, DC 20515 and demand federal
hearings into the police problem in America.
Demand mandatory body cameras for cops, one strike rule on abuse, and a
permanent DOJ office on Police
Misconduct.