VIDEO: Dash cam shows officer pushing over man in wheelchair
3:41 PM, Jul 2, 2014
9:23 PM, Jul 2, 2014
INDIANAPOLIS - Warning: Video contains adult language
The Lafayette Police Department released dash cam video Wednesday of an October 2013 incident that led to one man's arrest and an officer's suspension.
Police were called to the Excel School at 617 N. Ninth St. on Oct. 1, 2013, on reports of a man who said he had a handgun in his backpack.
The man, Nicholas Kincade, who is a paraplegic and is confined to a wheelchair, did not have a gun, but did have a pocket knife.
At the request of school administrators, police issued Kincade a warning for trespassing, and then he was free to go, police said.
As the video shows, Kincade rolled his wheelchair forward, running over the foot of Lt. Tom Davidson, who then pushed Kincade.
The wheelchair tipped over, spilling Kincade on the ground. Kincade was then arrested on a charge of battery on a police officer.
WATCH: See the dash cam video in the video player above
Davidson was put on administrative leave during an internal investigation of the incident.
The investigation determined Davidson violated the department's rules regarding "unbecoming conduct" and "response to resistance," and Davidson was recommended for termination, police said.
The results of the investigation were passed on to the Lafayette Police Civil Service Commission, which is made up of five Lafayette citizens who vote on decisions about LPD hiring, promotions and discipline.
While the commission agreed that Davidson violated the department's unbecoming conduct rule, they found that he was not in violation of rules regarding response to resistance, and they declined to terminate him.
The commission decided Davidson would lose his rank, serve a 30-day unpaid suspension and serve one year of probation.
On Monday, the Tippecanoe Co. prosecutor decided to not file charges against either Davidson or Kincade.