KC officer denies jamming nightstick into mouth of handcuffed man

KANSAS CITY, Mo. (AP) -- An officer who could lose his job over an excessive force claim denies wedging a nightstick into the mouth of a handcuffed man suspected of hiding crack cocaine.

Michael Payne, who was released after the Nov. 2 encounter, filed a complaint against Officer Anthony Melkowski later that night.

Melkowski was suspended with pay in May, but that suspension was changed to unpaid leave Tuesday when Chief Corwin recommended firing him.

The nightstick allegation is not included in the termination papers. Instead, Corwin cited seven other policy violations, including a 2005 excessive-force allegation against Melkowski.

Melkowski's attorney, Steve Bukaty, said his client denies putting the nightstick into Payne's mouth and denied choking Payne.

"Where's the proof?" Bukaty said. Regarding the choking allegation, Bukaty said: "The man was clearly able to breathe."

A police videotape shows Melkowski struggling with Payne to get him to open his mouth. Payne was not facing the patrol car camera when he claimed Melkowski forced the nightstick into his mouth, but Payne is heard moaning.

The encounter ended when officers were unable to find any drugs. Payne said he had none in his possession.

Bukaty said Melkowski's actions were intended to prevent the man "from ingesting a dangerous substance" and were within Police Department guidelines.

Department lawyers have found that most courts find it reasonable for officers to place their hands on a suspect's neck or around the suspect's throat to prevent the Adam's apple from moving.

"The majority of courts hold that officers may not beat, choke or impair breathing," according to the legal opinion posted on the police Web site. "Officers should be aware, though, that they need probable cause to undertake such action or ... be able to show that the ingestion of drugs constitutes a true emergency."

The Board of Police Commissioners will make the final decision on whether to fire Melkowski.

---

Information from: The Kansas City Star, http://www.kcstar.com