The judges also discussed that an officer’s use of force should be much less after a suspect is handcuffed, and they asked whether the officers used more force than reasonable after Spencer was cuffed.
The ABC15 Investigators have followed Spencer v. Pew for years. In the case, Cole Spencer admitted he pushed one officer to try to avoid being detained after a traffic stop, but said his actions did not justify the beating, tasering, choking, and kneeling on his back that lasted for several minutes.On Monday, the three-judge panel focused on two moments of the arrest, which were captured on bodycam by MCSO deputies who arrived after the struggle began.
“Once Spencer was handcuffed and prone on the ground, [Officer Aaron] Pew still drives his knee into his back for over a minute,” said Hannah Garland, a law student from Washington State who is part of the pro bono legal team appointed for Spencer. Pew remains on the force in Mesa. Other Mesa officers and MCSO deputies were also named in the lawsuit because they were on the scene and participated in Spencer’s arrest.
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