http://www.mlive.com/news/flint/ind...ows_alleged_assault_on.html#incart_river_home
FLINT, MI – Genesee County Prosecutor David Leyton said a jail surveillance video "speaks for itself" in the case against a former jail deputy accused of assaulting an inmate.
Leyton's office released the video showing the 2012 incident involving former Sgt. Gerald Parks Jr. following a Freedom of Information Act by MLive-The Flint Journal.
However, Parks' attorney, Jay Clothier, claims the edited video fails to show the entirety of the situation.
The video release comes after Leyton's office earlier this month asked Genesee Circuit Judge Joseph J. Farah to reinstate the criminal case against Parks, which was dismissed by Genesee District Judge M. Cathy Dowd in July for a lack of probable cause.
The video shows the alleged victim, Justin VanHorn, in a safety cell at the jail when he claimed he began knocking on the window to get the attention of the deputies.
Three deputies, including Parks, approached the inmate who had retreated back to a concrete pad in the room.
VanHorn can be seen handing paperwork to Parks, who then throws it in the cell's toilet. Parks then twice pepper sprayed VanHorn.
[....]
Leyton's office charged Parks in October 2014 with misconduct in office, misuse of a dangerous weapon and assault and battery after officials with the Genesee County Sheriff's Office claimed they uncovered surveillance video of the incident.
However, Parks' attorneys have claimed the case is retaliation for a lawsuit the former sergeant filed against the sheriff's office.
Clothier said the video fails to show VanHorn's entire time in the jail. He added that Parks previously warned VanHorn about acting out, and VanHorn's actions were disturbing other inmates.
Parks acted within the jail's policies when he sprayed an insubordinate VanHorn, Clothier said.
"That's not the whole video," Clothier said. "That's not the whole circumstances."