Police video: Independence officers choke Black man during arrest for jaywalking
A Kansas City man suing the city of Independence after he was stopped for jaywalking and beaten by officers says police dashcam video supports his view that he was racially profiled.
Justin Layton, 37, filed a lawsuit last month in Jackson County Circuit Court against Independence and several members of its police department, claiming his civil rights were violated when they beat him and called him a racial slur during an arrest in 2020.
Layton says the officers “senselessly tased, tackled, choke and beat” him before his head was rammed into a police vehicle. Layton also says he was called the n-word repeatedly by the officers.
The lawsuit names as defendants four police officers — Taylor Cox, Logan Dale, Lacy Gipson and Tanner Philip — and former Police Chief Brad Halsey.
A police spokesman declined to comment on the lawsuit last month, citing the department’s policy of not discussing civil litigation. Two of the officers named in the lawsuit have since left the department. Halsey retired in December.
Stopped for jaywalking
Shortly before 11 p.m. on Feb. 14, 2020, Layton was walking east on the sidewalk on 39th Street to a friend’s house.
Officer Tanner Philip was on patrol and was headed west on 39th.
Dashcam video shows both approach a red light at Lee’s Summit Road about the same time. Philip drives through the intersection and Layton starts crossing. The dashcam shows that although the light was green, the pedestrian crossing signal had a solid hand indicating not to cross.
Layton said it was a cold February night — the temperature was below freezing and snow was on the ground — and there was hardly any traffic.
“Me being 37 years old, I know how to cross the street,” Layton said Tuesday. “That was kind of weird for him to stop me for jaywalking.”
Philip makes a series of U-turns and drives up behind Layton, who by then had decided change directions and walk to his mother’s house after noticing the officer turn around.
“Hey stop bro,” Philip is heard saying as he got out of his patrol car and approached Layton from behind. “Stop bro. You’re being detained. Stop.”
Philip then ran back to his patrol car and followed Layton as he turned onto Lee’s Summit Road. Layton maintains he was on his cellphone with his sister at the time and was unaware Philip was behind him.
Philip again approached Layton from behind to arrest him.
“I’m telling you to stop,” Philip told Layton. “You’re being detained. You’re going to be tased.”
Philip can be heard telling Layton that he’s being detained for “jaywalking” and that he was under arrest.
The arrest
Additional dashcam video shows Philip on top of Layton, who is face down in the snow. Layton contends the video shows that Philip had placed him in a choke hold.
The video shows Dale and Cox arrive and jump on Layton’s lower back and legs. Layton is eventually put in handcuffs.
Layton, who said he had trouble breathing with his face in the snow, can be heard saying he’s sorry and that he has a kid.
“Don’t be (expletive) stupid then,” Philip can be heard telling Layton. “How many times did I tell you to stop? How many times did I tell you to stop?”
Layton contends that officer stood around him, joked and repeatedly uttered racial slurs.
Later in the dashcam video, officers can be seen carrying Layton to a police transport wagon. A thud can be heard and Layton cries out in pain.
An officer then can be heard telling Layton to wake up.
“He’s awake, he’s awake,” an officer is heard saying. Another officer said that Layton hit his head when they were pushing him in.
“Why are you doing that to yourself?” an officer asked.
A paramedic went to check him out again and is captured on the dashcam video asking Layton his name.
When Layton doesn’t respond, the paramedic says he was taking that as Layton being unresponsive and threatened to “tube him.”
“It means he’s going to shove a tube down your throat and it hurts,” a person is heard telling Layton.
The defendants, who were served the lawsuit in early March, have not responded to the suit. A case management hearing is scheduled for May 31.
This story was originally published March 15, 2022 at 4:21 PM.
