The footage shows two officers leading James Rutherford, in handcuffs, out of a building and laying him on the hood of a patrol car to conduct a search. A third officer, Steven Westfall, ran towards his colleagues to help them “control” the man. Westfall can be seen striking the Rutherford, who does not appear to be struggling, in the head with his elbow and then keeping it on his face for the next couple of minutes, as the suspect told the officers he didn’t do anything.
After policemen got Rutherford into the car, they drove him to a hospital, as he indicated he wanted medical attention. Rutherford, who was arrested for trespassing and resisting arrest, reportedly denied treatment and was transported to jail.
Bannock County Prosecutor Steve Herzog has charged Westfall with unnecessary assault, and added that Westfall will likely face six jurors in a misdemeanor trial in order to explain his actions.
“I looked at the video and to me it was inappropriate,” Herzog said. “The guy's in handcuffs and there are a number of options to restrain him and keep him from taking flight.”
Westfall has admitted to using his elbow to hold Rutherford down, but he denied hitting the handcuffed man in the face, even though the strike was captured on video.