Man sues Denver police for excessive force in 2019 incident

3 years ago
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It's been almost two years, and 62-year-old Aaron Hernandez Senior still has not seen the video of his arrest as it begins to make its rounds on the internet.

"It was embarrassing," Hernandez Sr. said. "It just hurt me a lot."

He and his attorneys at Baumgartner Law filed a lawsuit this week against the City of Denver and four Denver Police officers, citing excessive force, among other allegations, in a June 30, 2019 incident.

The lawsuit also alleges "malicious prosecution," arguing there was no probable cause to arrest him and charge him with assault on police officers.

Eventually, those charges were dropped.

According to court documents, Denver Police Officer Michael Oneill saw a car parked in a church parking lot and ran its plates.

He and his son, Aaron Hernandez Junior, were inside of the vehicle after cleaning up their church's parking lot, according to Hernandez Senior.

There was a warrant out for Hernandez Junior, so officers took him into custody as Hernandez Senior began to exit the vehicle.

Hernandez Senior said he got out of the car because he was recovering from recent surgery and suffered from severe sciatic pain. He was uncomfortable, so he wanted to stand up to try and adjust his position, he said.

"Next thing you know, it felt like I was under attack," he said.

Police body camera video shows Officer Jayme Larson approaching Hernandez Senior, who tells her he is in pain. Officer Larson tries putting his hands behind his back, which Hernandez states he cannot do.

A struggle ensued.

Officer Vance Johnson, who also arrived as backup, said in police reports that Hernandez Senior had kicked his groin, so the officer struck him in the face with his elbow, causing "severe facial injuries," according to the lawsuit.

Court documents show Officer Larson also accused Hernandez Senior of kicking her.

Hernandez Senior's lawyers said he was in jail for three days without proper medical attention and that only after nine months were the charges against him dropped.

"Not a single person has apologized to Mr. Hernandez. Not one," attorney Birk Baumgartner said. "As a matter of fact, the police officers involved in this incident received commendations for their actions towards him. That's shocking."

The Denver Police Department said they heard of the lawsuit through media inquiries, but it has not been delivered to them yet.

"They do need to change the policy about how to handle people," Hernandez Senior said.

The department said it does not comment on pending litigation but did confirm that all officers involved in this incident are still with the department.

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