Fairfax Co. officer charged in
stun gun assault ‘moving to Minneapolis’ when arrested
Neal Augenstein
A prosecutor told a judge Monday
that when Fairfax County, Virginia, police officer Tyler Timberlake was
arrested for assault, less than two days after using a stun gun on a man, he
“was already in the process of moving to Minneapolis” — the city in which
George Floyd, a Black man, died after a white police officer knelt on his neck
for more than 8 minutes.
Deputy Commonwealth’s Attorney
Robert Frank told District Court Judge Susan Stoney that after the June 5
incident, Timberlake “didn’t turn in his body-worn camera at the end of his
shift — he went home sick, and didn’t turn it in the next day.”
Timberlake, who is white, used a
stun gun on the man, who was disoriented and did not appear combative, in the
Mount Vernon section of Fairfax County. In announcing his arrest, police
released body-camera video of the incident.
Asked to elaborate on the
statements Frank made in court, or provide a more detailed timeline, Antonio
Peronace, a spokesman for Commonwealth’s Attorney Steve Descano, declined.
Monday, prosecutors were granted
permission to drop three misdemeanor counts of assault and battery against
Timberlake, with the intention of seeking a grand jury indictment, so the
officer would be tried in circuit court.
“We want to make sure the people
of Fairfax County have the opportunity to be heard” as jury members, Frank
said.
In district court, the judge
hears testimony, sees evidence and issues a verdict.
Frank made his claims about
Timberlake’s plans to move to Minneapolis, and not immediately turning in his
body-worn camera, in response to statements from defense attorney Edward
Nuttall that “high level prosecutors and the police department” went to extraordinary
lengths to arrest the officer quickly in the midst of emotional protests
surrounding the police-involved deaths of Floyd and other Black Americans.
Nuttall said prosecutors and
police had scheduled a news conference before an arrest warrant was issued for
Timberlake.
Prosecutors have not said what
charges they will seek in an indictment. The Fairfax County grand jury next
meets on Monday. Timberlake remains free on his own recognizance.
An attorney for Timberlake didn’t
respond to a request for comment about Frank’s statements to the judge.
After Timberlake’s Monday
hearing, the local Fraternal Order of Police announced it is calling for the
resignation of police Chief Ed Roessler for his comments immediately following
the officer’s arrest.
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