An officer in Texas is being sued by a motorcyclist after a dashcam recorded him running over the officer as he tried to escape on foot.
Dustin Bates filed a federal lawsuit Monday claiming Lake Worth Officer Jonathan Granado injures him when he hit him with the squad car on November 23, 2020.
The officer had attempted to pull Bates over on Lake Worth Boulevard, but Bates fled the scene.
Granado claims that he never intended to hit Bates’ vehicle, which caused him to break his spine and three ribs.
Bates asked for a jury trial.
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Dustin Bates (left) filed the federal lawsuit on Monday claimed that Lake Worth Officer Jonathan Granado (right) hit and injured him after he struck him with his squad vehicle on November 23, 2020
Bates filed the lawsuit on Monday with the United States District Court for the Northern District of Texas
On November 23, 2020, Lake Worth Officer Jonathan Granado struck Dustin Bates as he was riding his motorcycle.
The video shows Bates riding a motorcycle alongside Granado’s patrol vehicle as they waited at a stop light.
After running the bike’s license plate, Granado noted that the number did not match that of the motorcycle.
Bates ran after the officer, who switched on his lights. Bates made his way along the highway until he reached the exit.
Granado merged on Interstate Loop 280 following Bates with the cyclist still evading him.
He pursued him and followed him to another exit toward Marine Creek Parkway, where Bates attempted to escape on foot.
After pulling to the side and running towards Bates, Granado hit him with his car.
Before taking Bates into custody, officers can be heard giving commands to him.
After noticing Bates’ license plate didn’t match the numbers on the motorcycle, Granado attempted pulling Bates over.
Bates led officers in a fast chase, which involved veering off of several exits.
Bates ran from officers walking towards Marine Creek Parkway just as he was about to exit.
The footage shows one of the officers shouting at the man to stop yelling or risk getting shot.
Bates had to also undergo surgery due to injuries sustained in the accident, which left him with permanent scarring.
The suit was filed with the United States District Court, Northern District of Texas.
Following the accident, a criminal investigation was launched. The details were then given to a grand jury in March last year. They ruled not to take any action.
JT Manoushagian was the Chief of Police for Lake Worth. He spoke Monday at a press conference in order to address further concerns about the incident.
According to NBC DFW: “What I saw in the video was not consistent with the actions that we expect our officers take,” he claimed.
“We did something to cause injury and that was because of the officer’s bad judgment. My disappointment was overwhelming. It was my sadness.
Manoushagian stated that two violations were found in the operation of a motor vehicle.
However, Granado was not found to be in violation of any pursuit policy.
His suspension was for an hour and he was required to continue his administrative duties until the grand juror made its decision. He briefly resigned before the grand jury ruled not to take action.
Granado had to also undergo training on how to operate emergency vehicles.
Maoushagian said that he believes progressive discipline is necessary for the administration of justice to our officers. We must recognize that everybody makes mistakes while doing their jobs.
‘Considering this is a young officer very early in his career … we would never have seasoned, tenured officers who had had the opportunity to learn from mistakes if we fired them all after their first mistake.
After reviewing all the circumstances and knowing it was an accident, Mr. Bates was not struck with his vehicle intentionally, he took responsibility, was disciplined. It was the best decision considering the circumstances.
Granado pulled off the curb to meet Bates at the paved exit.
According to Granado, he was traveling at 45mph when he hit the grass.
However, Granado hit Bates in the back, causing him fall to the floor.
Bates had also been convicted and had a parole warrant. He was also found with drugs in his possession.
Manoushagian claimed that the man had a history of long-standing criminal convictions. He fled in his motorcycle and committed a crime of felony.
“He also committed a crime by possessing half an ounce methamphetamine, and then after that he had a parole warrant.”
According to an attorney, the charges against Bates were dropped.
Manoushagian stated that Granado stopped following him after he said he saw a cloud containing dust, which was believed to have been caused by Bate’s motorbike crash.
“As Mr. Bates followed him with his eyes, they began to divert the road,” he said. “Just like many other people, your eyes follow your car’s movements.
He said that Granado had been traveling at 45 mph when he struck Bates, but that Granado was applying his brakes as he pulled over before striking Bates.
As the Chief claimed the grass was still wet, the vehicle continued to slide.
The suit claimed, however that Granado hadn’t applied the brakes prior to striking Bates.
Bates’ attorney stated that Granado’s and other officers present at the scene had violated the constitutional rights of their client to be free from excessive and deadly force. His arrest was ‘objectively unreasonable given the circumstances’. It allegedly caused untold injury, pain, suffering and permanent physical disfigurement on Mr. Bates.’
He added that Bates’s fleeing by foot was not a threat to the officers.
JT Manoushagian of Lake Worth Police spoke at Monday’s press conference regarding the incident
It was also claimed that James O’Bannon, an officer who identified himself as James O’Bannon had made disparaging comments about Bates shortly after the incident.
“Probably shouldn’t have run.” O’Bannon claimed that many believe they can’t ride motorcycles. ‘That’s wrong. You can, and you will. We are glad you’re here at Lake Worth.
“This is what happens when you ignore the law. You could have stopped, but it wouldn’t have been so bad.
I won’t sugar coat it. You run from us.
Manoushagian later apologized to O’Bannon for the alleged remarks and stated that he was reprimanded.
The officer on (the scene) is not expressing the attitude and principles of the department. In particular, he implied that ‘Welcome To Lake Worth’ was what he stated in his statement.
“We take great pride in our police department’s ability to provide excellent service to the public as well as to arrest people.
“We take pride in treating everyone with dignity and respect. This officer’s statement does not reflect this. That is what we have done and will do. Everyone is welcome.