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Friday, 12th March 2010

Police investigation after Rodley man sprayed in face by CS gas

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Published Date: 12 November 2008
An investigation is under way into claims police used heavy-handed tactics during the wrongful arrest of a Rodley man in front of his pregnant wife.
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Accused of breaching a court order, Jason Mitchell, 35, says he was sprayed in the face three times with CS gas, handcuffed and bundled into a police van.

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He was then held for eight hours in a cell before police ultimately released him without charge.

West Yorkshire Police said an inquiry was being carried out by the force's professional standards department.

Mr Mitchell, a bailiff, says two officers called at his home in Rodley at around 8am on Thursday, October 30.

They told him he had breached an injunction order to stay away from his ex-partner, the mother of his four children.

Mr Mitchell, who is now married to new partner Sara, claims he tried to explain that the order had been revoked by the courts weeks ago.

He also says he told the officers that he had only been trying to visit his children when the alleged breach occurred.

Despite the confusion, Mr Mitchell says he agreed to go to Pudsey Police Station to resolve the problem.

But, he claims, as he reached for the door, a female police officer grabbed him by the wrist and pushed him back into the house.

Mr Mitchell said: "She seemed irate from the moment she came in the house.

"I was walking towards the door to go with them and she yanked my hand back and pulled me back across the room. Whether she thought I was going to make a run for it I don't know, but I had no intention of going anywhere.

"She said she was going to put handcuffs on me. I was not even under arrest, just going to the station to sort something out, so I said "no". The next thing I knew she was swearing at me and had sprayed me in the face with CS gas.

"The spray caught me right between the eyes. I couldn't breathe, I was gasping for breath. I was totally incapacitated, but she kept spraying it and spraying it. She was shaking it to make sure she had used it all.

"I have no idea why she did it. I wasn't lashing out. I had not been violent at all. It was completely unnecessary.

"My wife, who is nine months pregnant, was very upset, as was I."

Mr Mitchell was taken to Pudsey Police Station where, he says, after almost two hours he was eventually formally cautioned and arrested for breach of the order and for resisting arrest.

He claims at around 5pm that day he was told he was being "de-arrested" for the breach allegation, computer checks had confirmed the order was already revoked.

After he gave a statement to police about his arrest, he was finally released at 6pm without charge.

He has made an official complaint to West Yorkshire Police. He is also taking advice from solicitors with a view to launching a legal action against the force.

He said: "I intend to pursue the complaint all the way. I could also sue for assault, wrongful arrest and destruction of property. They should not be allowed to get away with it."

A spokeswoman for West Yorkshire Police said: "We have received a complaint from a member of the public in connection with an incident on Thursday, 30 October.

"An investigation will now be conducted by the professional standards department. West Yorkshire Police take allegations of this nature very seriously."


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  • Last Updated: 12 November 2008 10:03 AM
  • Source: n/a
  • Location: Leeds
 
 
 


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