Trooper suspended, Lexington officers not punished after excessive force complaint
Kentucky State Police suspended an officer for five days without pay and gave him further training after he was accused of using excessive force against two Lexington teens last month, according to the victims’ attorney. The Lexington police officers involved have not faced discipline, according to the department.
“Based on the information available at the time and fluid nature of the investigation, Lexington officers acted within policy guidelines,” spokeswoman Brenna Angel said in a statement Wednesday.
State Trooper Jackson Gabriel responded with Lexington police to a call of potential savings bond fraud at a Chase Bank on June 9. In a letter sent to police by attorney Scott White, Preston Slone and Elena Perez said a state trooper showed up at the bank, pinned Slone’s arms behind his back and began searching him without saying anything to him.
The trooper took Slone, 18, into custody, the teenage couple said. Body camera footage from the Lexington Police Department showed the state officer later pulling Perez, 19, out of a car by her hair while other officers grabbed her arms. The trooper also grabbed Slone and forced him — with help from Lexington officers — to the ground and held a knee at Slone’s neck for a short time.
In a video taken by Perez, a Lexington officer tells her that the car she and Slone were in was involved in a prior crime. Police said after the incident that they had been looking for a black Chrysler Pacifica. Perez and Slone were in a gold car at the time.
KSP informed White that the suspension was handed down because Gabriel’s use of force was “inappropriate for the situation” and violated KSP’s “courtesy protocols and appropriate conduct standards,” White said.
White said KSP wanted to interview Slone and Perez for its investigation, but they declined.
“We felt that the body cam pretty much spoke for itself,” White said.
Slone and Perez were cleared of any wrongdoing and released after the incident. Lexington police acknowledged they had detained the wrong people after the two were suspected to be linked to repeated reports of bond fraud.
“We regret any fear, anxiety, and injuries this incident caused them,” police spokeswoman Brenna Angel said in a statement in June.
Angel said Wednesday that a review of the involved officers’ actions had been completed at the bureau level. She also said the Public Integrity Unit hadn’t received any further contact from involved parties regarding the incident.
“The incident at Chase Bank was unfortunate and we ultimately learned that Ms. Perez and Mr. Slone had no connection to the original investigation,” she said in a statement.
KSP did not immediately respond Wednesday to a request for comment. In June, the agency would only say it was investigating KSP involvement in the bank stop.
Gabriel has faced KSP discipline previously. In December, Gabriel was recommended for written reprimand for calling someone in custody a “f*****g idiot,” according to Gabriel’s personnel file, which was provided to White through a Freedom of Information Act request.
The incident occurred on Aug. 3, when Trooper Ricky Elmore made a traffic stop at a gas station in Crittenden. Elmore called for assistance, and Gabriel responded, according to Gabriel’s personnel records. By the time he got there, Elmore had apprehended his subject after using a Taser on him, according to the documents.
Gabriel and Elmore exchanged words with the subject, according to the records. The subject used profane language, the file said, which led to Gabriel’s use of profane language.
“Trooper Gabriel exchanges words with the suspect and then asked him why he did not exit the vehicle when told,” Sgt. Mitch Hampton said in a report in Gabriel’s personnel file. “Before the suspect could respond, Trooper Gabriel says, ‘Because you are a f*****g idiot.’”
Gabriel could be heard making the statement on a video recorded by the subject. The video also captured Elmore using his Taser on the subject after the subject wouldn’t get out of the car. In the video, Elmore told the subject he was being arrested for “menacing” because he used profane language toward an officer.
“I was not a threat to you at all,” the subject said after Elmore used his Taser. “You cannot arrest me for talking.”
In the video, Gabriel can be heard saying, “We’re in the business of teaching lessons, and you learned a lesson today.”
In an investigation interview with Hampton, Gabriel said he had “a little bit of an attitude.” Gabriel admitted to using profane language toward the subject, who was eventually taken to jail, according to the records.
“By the time the stop completed, we started to have a much better back-and-forth conversation about it,” Gabriel said.
Hampton’s report said the troopers didn’t know they were being filmed, but the subject pointed the camera at Elmore before the Taser was used.
Gabriel, who has been a state trooper since 2011, was recommended for reprimand by Capt. Jerry Handy and Capt. Brad Arterburn, according to Gabriel’s personnel file.
KSP did not immediately respond to request for comment regarding Gabriel’s involvement in these incidents.
This story was originally published July 22, 2020 at 3:45 PM.