Police Sergeant Arrested for Kicking Handcuffed Suspect in West Hartford

WEST HARTFORD, CT — A Hartford police sergeant who used his foot to strike a handcuffed suspect in the head following a June incident has been arrested, state police said.

Sean Spell, 46, was arrested at State Police Troop L in Litchfield and charged with third-degree assault and second-degree breach of peace. He was released on a $1,000 nonsurety bond, and is scheduled to be arraigned Dec. 21 in Hartford Superior Court.

Spell was charged in connection with a June 4 police pursuit of a stolen vehicle containing two suspects, which began in Hartford and concluded on Flatbush Avenue in West Hartford, where the suspects, Ricardo Perez and Emilio Diaz, were taken into custody.

During the pursuit, a Hartford police detective was struck and injured by the car operated by Perez, a 2015 Toyota Camry, while several Hartford cruisers were also struck, according to an affidavit supporting Spell's arrest.

The nine-page affidavit was prepared by Sgt. Brian Narkewicz of the Connecticut State Police Western District Major Crime Squad, and was made available to media outlets Thursday night.

In the affidavit, Narkewicz wrote that both suspects had "violently resisted arrest," necessitating the use of physical force by officers, "including the use of a Taser, a baton, and combative techniques, which involve the use of hands and feet."

Review of video footage from a West Hartford police cruiser's dashboard camera was described thoroughly in the affidavit.

About two minutes after Diaz was placed in handcuffs and lain on his stomach on the grass, he raises his head and upper torso, but is pushed back down flat by Hartford police officer Carlos Torres. Seconds later, Spell, wearing plain clothes, appears to check Diaz's handcuffs, then, with his hands in his pockets, repositions himself to the right side of Diaz.

At about the 3:09 mark, "Diaz's head rises slightly and Sergeant Spell raises his left leg in a bent-knee fashion and delivers a single downward blow with his foot (the portion of his foot making contact is not distinguishable in the video) to the upper back or head of Diaz. The contact appears to cause Diaz's head to move downward and contact the ground," Narkewicz wrote.

Written reports filed by Torres and Officer Ricardo Colon make no mention of the force used by Spell. "Torres refused to be interviewed regarding this investigation," Narkewicz wrote, while Colon, who admitted he was "within 4 to 5 feet" of Spell and Diaz during the incident, was shown the video by investigators and claimed, "I didn't see that."

A written report by Officer Luan Bojka states Diaz was spitting blood and saliva from his mouth, and the suspect appeared "to look back towards Sergeant Spell and I hear him [Diaz] make a sound consistent with that of spitting in the direction of Sergeant Spell. Sergeant Spell then used his foot to push Diaz to the grass in an apparent attempt to prevent Diaz from spitting on him or other officers."

After a 20-year career, Spell retired from the Hartford Police Department Aug. 19. Several weeks later, he was interviewed by investigators, and said he told Diaz to stop spitting several times. He said he did not have any latex gloves, so he used his foot to put Diaz back down "to prevent him from recklessly spitting the blood around and snap him back into reality."

Video analysis by Narkewicz indicates it was "difficult to definitively determine whether or not Diaz was spitting while bleeding from the head in this kneeling position. However, in the moments preceding the kick by Spell, the officers around Diaz and Spell do not appear to be recoiling or behave as though they are concerned about being spat upon. The post-kick actions of Spell, Torres, Bojka, and Colon also do not suggest concern regarding possible aggression on Diaz's part or concern with contamination from bodily fluids."

Narkewicz concluded the affidavit by requesting Spell be arrested, stating, "there is probable cause to believe that Sean Spell...did intentionally kick Emilio Diaz in the head, while Diaz was handcuffed and kneeling on the ground."

Video: WNPR News via YouTube

Photo: still frame from YouTube video