November 15th 2024.
On Friday, a group of jurors reached a verdict in a case involving a Denver police officer. The officer, Dat Truong, was found guilty of harassment for striking a handcuffed teenager after an arrest that took place last year. This decision may have serious consequences for Truong, as he will likely be decertified from working as a police officer in Colorado due to the conviction.
After two long and difficult days of testimony and deliberation, the jurors took only an hour to come to their decision. Defense attorney Ryan Brackley expressed disappointment with the verdict, but thanked the jury for their service. The incident in question occurred on the night of November 3, 2023, near the intersection of East Colfax Avenue and Interstate 225 in Aurora.
According to prosecutors, Truong hit the 17-year-old boy out of anger and frustration in response to the teenager's disrespectful "smack talking." As he struck the teenager, Truong also cursed at him and confronted him about his "running mouth." However, Truong maintained that his actions were a justifiable use of police force. He testified that the teenager had turned his body towards him and even suggested they pull over so they could fight. The teenager was handcuffed and buckled into the front seat of Truong's patrol vehicle, as there was no caged holding area in the back seat of that particular vehicle.
Truong also claimed that he believed the teenager posed a threat to him, which is why he reacted the way he did. He stated that he used an open hand to shove the boy back in order to protect himself. However, the teenager testified that Truong punched him with a closed fist. Truong explained that based on the language and body language of the teenager, he was preparing for an assault. He believed that the teenager was challenging him to a fight and he was expecting something to come his way.
Prosecutors suggested that Truong thought his body-worn camera was turned off when he struck the handcuffed teenager. However, the camera was activated and recorded the exchange. When Truong realized the camera was on, he immediately turned it off. During cross-examination, Truong stated that turning off the body-worn camera, despite it being required by state law and department policy, was just a natural instinct for him.
In closing arguments, prosecutor Tod Duncan dismissed Truong's claim that he was afraid the teenager was about to attack him. He pointed out that the teenager was handcuffed and restrained with a seat belt, which would have locked into place had the teenager tried to lunge at the officer. Duncan emphasized that when all the evidence was taken into account, the teenager was not a threat.
Truong's sentencing is scheduled for December 16. This case serves as a reminder of the importance of following proper protocol and procedures when using force, especially in situations involving minors. It also highlights the significance of body-worn cameras in holding law enforcement officers accountable for their actions.
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