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Convict claims Mesa police beat him, plans to sue city by Nathan Gonzalez - Oct. 20, 2010 01:31 PM The Arizona Republic A Mesa man who is serving a 30-month prison term on an attempted aggravated assault is preparing to sue Mesa police, claiming several officers beat him during his arrest. A police helicopter hovered overhead and captured the incident on video the night of Sept. 9, 2009, outside Highland High School in Gilbert. The Mesa Police Department has confirmed a video uploaded to YouTube is of the incident. Aaron Belander pleaded guilty to attempted aggravated assault, a felony, yet his version of the arrest varies from versions offered by police who admitted to kicking and punching him because they believed he was reaching for a handgun. "He suffered multiple cuts, contusions and abrasions all over his body, especially to his head," said Geoffrey Fish, Belander's attorney, who has filed of notice of claim against the city. "That's in addition to a broken nose and fractured ribs." Mesa police declined to comment on the case in keeping with their practice of not speaking on pending litigation. When the incident occurred, police say Belander was free while he awaited trial on a suspected home invasion in the summer of 2009. Police stopped Belander after they learned he may have been in possession of a handgun, which was illegal for a convicted felon. On the infrared video from the helicopter, Belander is seen stopping his Mitsubishi pickup truck at the high school. Two minutes later, he was surrounded by nine police vehicles. Police reports state the officers told Belander to turn the vehicle off and step out. Instead, he sped off and ditched the vehicle within a short distance. In the video, Belander is seen running from pursuing officers but later stops and throws his hands up to surrender. "He's got his hands up. He's got his hands up. I don't see anything in his hands," a flight officer could be heard saying on the video. Seconds later, Belander can be seen being hit with a Taser and falling to the ground. The video seems to contradict reports given by the two detectives who were the first to confront Belander and claim he refused to show his hands and reached for his waist. "Aaron did not comply and had put his hands close to his waist where he could easily access a firearm," (a detective) stated in his report. "At this time, (a detective) deployed his Taser and struck Aaron." Once on the ground, Belander began fighting with officers. One of the detectives said Belander would not remove his hands from under his body so he began striking Belander with his fists. A third officer admitted that he gave "the suspect several kicks to the shoulder and large muscle groups." "The subject's erratic and sudden actions caused the kicks to land in the neck and face area," the officer wrote. A detective used his Taser a second time. Belander relented and was placed in handcuffs. Police say they found a knife in his front pocket and a handgun Belander may have tossed near some bleachers. Belander's attorney said his client never fought with police and footage of him moving on the ground resulted from him being struck by officers. "The force was certainly excessive. I think the video speaks for itself," Fish said. "The only time his hands are down is when he was struck by the Taser and is collapsing." He acknowledged his client's felony record and that Belander had "certainly not been an innocent bystander." "I understand about the officers not knowing whether he's armed . . . (but) clearly, he's got his hands up," Fish said. "There are obviously some discrepancies there between the reports and from what's being seen in the video." Belander is willing to settle the incident with the city for $350,000, Fish said. Belander has until Nov. 6 to file a lawsuit.
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