MU student to sue Columbia police

Brian McCormac has threatened to sue after claims of assault.

By Anna Koeppel

Published Dec. 7, 2007

An MU student is threatening to sue the Columbia Police Department after claiming he was brutally assaulted by officers on Saturday night.

MU sophomore Brian McCormac was arrested Saturday night on suspicion of obstruction of government operations and resisting arrest around Ninth Street and Broadway after a fight was broken up.

McCormac is in the early stages of the legal process.

"The only action that I've taken so far is that I've spoken with my attorney," McCormac said.

He declined to name his attorney but said both he and his attorney believe he has a strong case.

McCormac also said he was never read his Miranda rights during the incident.

Columbia Police Capt. Mike Martin said officers do not have to read Miranda rights unless they ask for an incriminating statement.

Martin said while an officer arrested another person, McCormac grabbed the person being arrested and tried to pull him away from the arresting officer.

"McCormac refused to get away," Martin said.

Martin said police gave McCormac multiple verbal commands to move away.

The officer maced McCormac, according to the report. McCormac took several steps back and then tried to reengage the officer, Martin said.

McCormac walked into the crowd and was told he was under arrest, Martin said.

"McCormac then grabbed the officer and both went to the ground," he said.

Martin said the officer felt there were too many people around and verbally commanded the people to leave and threatened to use mace.

The crowd then left, Martin said.

McCormac, while lying facedown on the ground, was told repeatedly to put his hands behind his back but refused to do so, instead pulling his hands tight against his chest, according to the report.

The officer dislodged McCormac's hands from underneath him, placed handcuffs on him and took him to the police department.

McCormac said he and two friends were walking around that area, but they were not involved in the fight.

McCormac said one of his friends was tackled, and he was trying to rescue the friend when he was tackled by a police officer.

McCormac also said the incident was filmed by Fox 2 News in St. Louis.

Martin said McCormac "spent a great deal of time refusing to identify himself or give his date of birth" at the police department after his arrest.

Martin said McCormac was offered decontamination wipes for mace exposure and medical treatment and refused both.

Martin said people often threaten to press charges, but threats against the department rarely become suits.

"We're prepared, if he would like to issue a formal complaint," Martin said. "We're happy to do an investigation into his allegation. Based upon those findings, we'll take whatever action we deem appropriate, depending on whether we acted appropriately or not."

Martin said an investigation would include reviewing the incident, as well as viewing any video footage of the incident.

Martin said the department might use the Fox 2 News footage in its investigation.

Columbia Police Office Lance Bolinger arrested McCormac, Martin said.

Bolinger could not be reached for comment.

"If Mr. McCormac chooses to continue his civil suit, he can, and that is his right," Martin said. "We'll wait to see if Mr. McCormac does decide to file a complaint. He has a right to do so, and we'll conduct an investigation."

Martin said police would defend themselves legally.

"As far as filing a civil suit, that's his right to do so," he said. "If that happens, we will obviously defend ourselves in whatever manner is deemed appropriate and go from there."

Two other men were arrested Saturday night.

Martin said he does not believe a complaint has been filed by any of the three people arrested Saturday night.

McCormac said he wants to "make sure this doesn't happen again."

"My motive behind the suit is to seek justice for the wrongdoings of the Columbia Police Department," McCormac said in an e-mail.

— Senior Staff Writer

Roseann Moring

contributed to this report