Home invasionDestroy/conceal/fabricate evidenceThreats/intimidationExcessive forceFalse arrest or reportPhysical forceTaserAssault or battery to an officer chargesResisting or obstructing arrest chargesHospitalized
Plaintiff:
Felipe Garcia
Incident date:
09/23/2008
Allegations:
The Martinez family was in their backyard, drinking beer and getting ready to enjoy Sofia Martinez's cooking, when officers rushed in and began using excessive force and arresting family members without justification. The officers' actions included: Officers Anderson, Bogdalek, Lopez and Bard using excessive force against Alberto Martinez, who sustained a massive laceration and bruises on his head and body; Officer Shine or Officer O'Donnell firing a Taser at Alberto Martinez; Officers Shine, Purtell and others using excessive force against Meliton Martinez; Officer Bard spitting on Sofia Martinez and Officers Bogdalek and Bard using excessive force against her; Officer Shine and others using excessive force against Felipe Garcia; and Officers Bard, Castelli, and Kelly falsely arresting and using excessive force against Martin Martinez; and officers falsely arresting Daniel Martinez. At the police station, Officer O'Donnell choked and hit Martin Martinez to try to coerce him into not telling his lawyer about the officers' misconduct. When the lawyer met with Martin, officers remained in the room to intimidate him into silence. Officers then falsified reports in order to file charges against the plaintiffs for drinking in the public way, resisting arrest and other misdemeanors. Once they were released from custody, Alberto, Meliton, and Sofia Martinez went to a hospital because of their injuries. The Chicago Police Department later refused to comply with a court order to turn over evidence from the arrests and instead destroyed records in order to conceal the officers' misconduct. At the criminal trials officers answered "I don't remember" when asked about the circumstances during the arrests. The judge in the criminal case said he was "greatly troubled" by the testimony of Officer Anderson. The charges were later dismissed.