By Shelley Nelson
SUPERIOR, Wis. -- A Superior
police officer was given a 10-hour unpaid suspension Friday for his actions in
the videotaped Jan. 5 arrest of a woman that sparked allegations of abuse of
force.
Video released shortly after
the incident, shot by a dashboard camera in officer George Gothner's squad car,
shows him shoving Natasha Lancour, 29, of Superior onto the hood of the vehicle
and striking her in the face with a closed fist as she reached toward his face
and tried to pull away.
The spension was given because
Gothner used vulgarities when dealing with Lancour outside Keyport Liquor and
Lounge, and his manner didn't defuse the situation, according to the police
department.
"It's an absolute and
utter joke," said attorney Rick Gondik, who represents Lancour.
Superior Police Chief Charles
LaGesse said an internal investigation into the matter, which followed an
independent prosecutor's decision not to charge Gothner in connection with the
incident, focused on two issues. The first was whether the use of force was
reasonable and consistent with policy. The second was whether Gothner's conduct
and communication complied with department policies.
Gothner was originally placed
on paid administrative leave, but later returned to the force in a desk job
while awaiting review of the incident from a prosecutor and the department.
LaGesse said the findings on
use of force were based on a Department of Justice Office of Law Enforcement
Standards review of the incident, which found they were reasonable and
consistent with the Superior Police Department's policies, which align with
training provided by the state.
"Our investigation found
that Officer Gothner's use of force is consistent with our policies, and
reasonable and consistent with the training provided by Wisconsin,"
LaGesse said. "While the force used in this arrest is difficult to view --
and has caused many to question its appropriateness -- the force was used in
response to resistance and to the officer perceiving that Ms. Lancour was
assaulting him. The use of force ended when control was established."
It was determined, however, that
Gothner's conduct and communication with Lancour fell short of department
policies.
"It was the finding of the
investigation that Officer Gothner failed to utilize professional communication
and was vulgar in his initial contact with Ms. Lancour; his words were a
violation of several departmental policies," the chief said.
LaGesse said he is unaware of
any other Superior police officer being suspended for using vulgarities. He
said such incidents would be handled normally by counseling the officer.
"The situation where the
arrestee is yelling vulgarities, it's not appropriate for the officer to
respond in kind; a suspension of one day makes that point," LaGesse said.
However, in this case,
Gothner's use of vulgarities and a manner that did not defuse the situation
prompted the suspension, the chief said.
"It's basically slapping
George Gothner on the wrist, if at all. It's a joke. It's a travesty,"
Gondik said.
Godnik said the truth will come
out when the civil case is heard, and Friday's announcement of the discipline
Gothner would face "sealed the deal" on filing a civil suit against
the city.
"It's nothing I didn't
expect," Gondik said.
Meanwhile, an investigation by
the Wisconsin Department of Justice was reviewed by a special prosecutor and a
John Doe hearing was held to determine if charges should be filed against
Gothner. Special Prosecutor Fred Bourg, the Bayfield County district attorney,
called Gothner's actions "rude, in poor taste, and possibly, unnecessarily
violent," but decided not to file charges because of the burden of proof
and the unlikelihood of a conviction.
Gondik appealed that decision
Nov. 4, but said Friday he still hadn't heard from Bourg in connection with the
appeal.
Gothner is expected to return
to patrol duty in the coming week, the chief said.
"The Superior Police
Department places great value on our relationship with the community,"
LaGesse said. "This trust has been eroded by this incident and we will
strive to win that back through living up to the tenants of our mission statement.
The Superior Police Department is sworn to protect, committed to justice and
dedicated to professional service.
