In response to media requests, the City of Topeka has provided a video of an officer’s police interaction with Timothy Harris on January 23, 2018, as well as the attached Officer Use of Force Report/Narrative. Some of the information contained in the Use of Force Report/Narrative is as follows: Officer Janes was investigating a theft complaint against Harris and was also aware that Harris had an outstanding warrant for violating his probation in a Shawnee County District Court case. He was on probation for convictions for paraphernalia and interference with a law enforcement officer. In the course of the officer’s contact with Harris, Harris repeatedly failed to follow verbal directions from the officer. Once Harris was placed in handcuffs, Officer Janes attempted to take Harris to the police vehicle. Harris began resisting by tensing up his body, refusing to move, and reaching back to grab the officer’s duty belt, where his handcuffs, pepper spray and firearm were located. The officer then placed Harris on the ground for better control, until additional officers arrived. While on the ground, Harris again grabbed the officer’s duty belt. In response, the officer used two fist strikes to Harris’s torso and applied pepper spray to his face.
AMR was called to the scene and treated Mr. Harris for facial lacerations and pepper spray exposure. At no time while Harris was in TPD custody did he complain of a broken jaw. Further medical care was refused by Harris at the scene after which he was transported to the Department of Corrections.
Public records also reflect that Harris was charged in Municipal Court case CR-2018-533-MS with Unlawful Parking, Disobeying a Lawful Police Order, Interference with Law Enforcement, and Battery against a Law Enforcement Officer. Harris was represented by an attorney and entered into a plea agreement. Harris was found guilty of Unlawful Parking and Interference with Law Enforcement. The charges of Disobeying a Lawful Police Order and Battery against a Law Enforcement Officer were dismissed, pursuant to the plea agreement.