Arrest Leads To Use-Of-Force Investigation

PORT JERVIS, NY — An arrest that led to an investigation into use of force by Port Jervis police officers has resulted in guilty pleas. Orange County District Attorney David M. Hoovler said Monday that Shelton Spence, 28, of Port Jervis, pleaded guilty to two counts of third-degree criminal possession of a controlled substance, a felony, and one count of resisting arrest, a misdemeanor.

When Spence was arrested May 29, a recording of the incident which showed City of Port Jervis police officers struggling with him was created by a passing motorist.

The video, which was posted on social media, prompted inquiries.

As a result, the Port Jervis Police Department requested the district attorney's office investigate the incident, Hoovler said.

The district attorney's office announced June 27 that it had completed its investigation and that, based on interviews of two eyewitnesses and other evidence, it determined the police officers' actions were lawful.

When Spence pleaded guilty, he admitted that on April 10 he possessed cocaine and he intended to sell it.

He also admitted that on May 29, as Port Jervis officers were trying to arrest him for other narcotics offenses, he fled from the police and struggled with them resisting arrest.

Spence also admitted that when he was arrested May 29 he again possessed cocaine that he intended to sell.

Through the plea agreement, the district attorney's office said it would recommend Spence be sentenced to four years in state prison for each of the felonies and one year for resisting arrest.

The sentences would run concurrently, and Spence agreed to forfeit $3,060, which prosecutors said was the result of the sale of narcotics.

Sentencing is scheduled to take place Aug. 26, a spokesman said.

The DA's investigation into use of force said a civilian witness stated having seen the Port Jervis officers approach Spence and try to apprehend him. However, as they did so, he pulled his hands away from the officers and fled down a street.

The witness said that when the officers again approached Spence, he adopted a fighting stance and pushed his hands aggressively at one officer.

The arresting officer was struck in the face, the witness said.

It was at that point the witness said the video recording was started. It was stopped once Spence was handcuffed.

The witness also reported Spence had resisted being arrested from the time the police initially confronted him and that he struggled with officers both when he was standing and after police had placed him on the ground, the DA's office said.

Spence refused to place his hands behind his back and was not fully under the control of the police until additional officers arrived, at which point the recording device was stopped.

Hoovler said a second civilian eyewitness corroborated that Spence was resisting arrest and had told the officers, "I ain't going back to jail."

The eyewitness also said that Spence was struggling with the officers even when he was on the ground and that he refused to place his hands behind his back as directed. He fought with officers as they tried to grab his hands and handcuff him, the witness said.

Hoovler said that state Penal Law Section 35.30 says that an officer may use physical force "when and to the extent he reasonably believes such to be necessary to effect the arrest, or to prevent the escape from custody, or in self-defense."

Hoovler said that Spence was intent on selling drugs and clearly had a motive to flee from police and struggle with them in order to avoid being arrested with additional drugs.

"I hope that his plea of guilty to resisting arrest helps bolster public confidence in the integrity of our investigation, and more importantly, in the actions of the City of Port Jervis police officers who apprehended him," he said.

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