(NEW YORK) — A Kenosha County Circuit Court dismissed charges against a couple who were forcefully arrested while eating dinner at an Applebee’s in Wisconsin with their 1-year-old child earlier this year.
The couple, Jermelle English, Jr. and Shanya Boyd, were dining with their son on July 20, when the police wrongfully suspected them of fleeing a nearby hit-and-run. The incident was caught on cellphone video.
In the video, obtained by ABC News, Kenosha police can be seen attempting to restrain English, while he still has his baby in his arms. In the viral video, an Applebee’s employee can be heard yelling, “Get the baby,” and “Careful, the baby’s head.”
After an employee successfully grabbed the baby from English, the officers tackled him to the ground and began to hit him several times, pinning him down, according to the video.
According to the original complaint obtained by ABC News, the officer was looking for “an African American male and African American female” with a baby who had “run toward Kohl’s or Menards,” the complaint says. The woman was described as wearing a red shirt with a bun on top of her head.
The officers later found the actual suspects hiding in the bathroom of the Applebee’s.
Despite not being the suspects officers were searching for, English and Boyd were both charged with resisting arrest and disorderly conduct, according to the charging docs. Boyd was also charged with possession of THC.
All charges against the couple were dismissed on Wednesday, court records show.
English was represented by Team Roc attorney Alex Spiro. Team Roc is a social justice organization and division of Roc Nation which is owned by Jay-Z.
In a statement to ABC News, Team Roc managing director Dania Diaz said English was the victim of racial profiling and should have never been charged in the first place.
“The officers’ treatment of Jermelle and his family was unacceptable, unethical and traumatic,” the statement said. “Our hope is that today’s development will allow Jermelle and his family to enjoy the holidays with some peace of mind and begin the process of healing after enduring such an incredibly painful experience.”
After the incident, Kenosha Police launched an internal investigation to determine whether the use of force was excessive.
Kenosha police announced in November both officers were found to have violated protocol. One officer received a four-day suspension and the other officer received a 10-day suspension, the statement said.
“The Kenosha Police Department is committed to providing the highest quality service to its citizens and guests. We strive to train our officers to the highest standard and will hold them accountable if they fall short of those standards,” Kenosha police wrote in a statement.
“In addition to the suspension time, both officers are receiving supplemental training to correct the deficiencies that were identified in their response to this situation,” the statement continued.
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