Hartford
Windsor County State’s Attorney David Cahill has been reviewing the case, but said on Friday potential charges against former Officer Frederick Peyton, who left the Hartford Police Department two weeks later, were complicated by the fact that the detainee, Jeffrey Stroike, said he was unable to remember events from that night.
The video shows Peyton exchanging several words with Stroike inside the cell before Peyton raised his hand and slapped Stroike in the shoulder area. Stroike’s legs and arms were restrained by what is known as a police hobble, and he was on his knees with his upper body leaning on a concrete bench at the time.
Three separate body camera videos show the encounter from different angles.
The videos start with Stroike entering the cell. After the door was shut, he began to yell loudly and bang and kick the cell door, damaging it.
Police then entered the cell and put him in a restraint that made it so he couldn’t stand up. Stroike complained about his feet hurting from the restraint, and Peyton said, “We’re just trying to be gentle,” according to a transcript of the video provided by Cahill.
Stroike replied angrily, to which Peyton says, “You ain’t seen not gentle, sir. So shut your mouth.”
Stroike said “…tough as (expletive) when I have cuffs on.”
“I can take them off. I can take this badge off,” said Peyton, who then struck Stroike.
Hartford Police Officer Eric Clifford intervened immediately, according to the video.
“Get him out,” Clifford said to a group of officers and rescue personnel who were standing inside the cell or near the cell door. Clifford then ushered Peyton out of the cell.
The incident came to light after at least one of Peyton’s colleagues reported the incident to superiors, according to people close to the case.
“The loss of self-control by a police officer is unacceptable, and yes, it is contrary to our rules,” Hartford Police Chief Phil Kasten said on Friday. “We’re grateful for the decisive action by Officer Clifford here. His leadership under these unfortunate and disappointing circumstances is representative of the ethics of our profession and keeping with the public trust.”
The footage was shown to the Valley News by Cahill. The Hartford Police Department, which is the custodian of the three body camera videos, has denied a public records request for copies of them, citing Cahill’s pending investigation.
Cahill said he let the Valley News view the video but not have a copy of it because he said having the public view the video on social media could result in “an infringement upon the right to a fair and impartial jury trial” if Peyton were charged.
With that said, “it is important to balance the public’s right to know against the state’s need to maintain the confidentiality of investigative records prior to trial,” Cahill said in an email. “Because this allegation involves a former police officer, the balance tips in favor of some form of disclosure. We are permitting the Valley News to view the video to honor the public’s right to know.”
Last month, the Vermont Attorney General’s Office declined to prosecute Peyton, citing insufficient evidence to support criminal charges.
Cahill, however, still is reviewing the case.
Stroike, who was arrested on the night in question on Route 5 after a woman called police and reported a man lying in the middle of the road, is currently at large on an unrelated criminal charge in Vermont.
He has an arrest warrant pending for failure to appear on a charge of driving under the influence, third offense.
At least some of the charges in connection with the events on Sept. 14 went to diversion.
Until Friday afternoon, Cahill hadn’t been able to get a statement from Stroike about whether the slap caused bodily injury, such as whether Stroike felt pain or had a visible injury. That information is necessary to determine whether the act constituted simple assault, which is a charge that could fit the incident, Cahill said.
On Friday, Stroike told Cahill he is unable to remember the events of that night, information that narrows “the path to a viable prosecution … given Mr. Stroike’s inability to articulate that the slap caused pain or discomfort,” Cahill said.
In a statement to the Valley News on Friday, Stroike maintains that he got “beat” up that night.
Stroike was agitated, smelled of alcohol and ignored commands that evening, Clifford reported in an affidavit filed in Stroike’s case.
A separate affidavit by Norwich police officer Francis Schippert said police officers restrained Stroike inside the cell so he could be sedated by paramedics and be transported to the hospital for evaluation.
As he was being restrained and sedated, which took multiple attempts, Stroike became agitated and resisted, and told the officers restraining him that he wanted “paperwork to report police abuse,” according to that affidavit.
The affidavits made no mention of alleged mistreatment.
Messages left for Peyton weren’t returned. He was one of several officers sued in 2012 by former Wilder resident Wayne Burwell for the alleged use of unreasonable force in Burwell’s home, a case that was settled in September with no acknowledgement of wrongdoing by Peyton and another officer.
The Vermont Attorney General’s Office had earlier cleared the officers of criminal wrongdoing in the Burwell case, and an internal investigation by the Hartford Police Department found they didn’t violate its use-of-force policy.
Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.