edited: Tasering at Club Nationals Afterparty

Cop sounds like a piece of crap. His story is not going to fly. He is stating that Mike grabbed him and the cop pushed him away. Than Mike supposively threw his beer cup and charged at the cop. Hahaha. What a load of crap. My girlfriend was sober and saw the whole thing. This cop is not helping his case out.

A lawyer and a college coach that hadn't had a drink, in addition to many others saw it unfold and have said their side of the story to Mike's lawyer.

In the link on the front page it says that Mike was swearing at nurses in the hospital, according to a cop. Lets see here, you get beat up by a cop and have to go to the hospital under arrest to get help. I think you are going to be a bit pissed off too.

It also said that Mike was 2 x the legal limit to drive. How much is that? 3 beers? Isn't the legal limit extremely weak like 1 beer for the average person. Not saying it is okay to be drunk, but it appears they are going to use it as a sign that he was wasted which is not that apparant.

Has there been an outcome to the situation?

Has he gone to court?

Punk Cop wrote:

In the link on the front page it says that Mike was swearing at nurses in the hospital, according to a cop. Lets see here, you get beat up by a cop and have to go to the hospital under arrest to get help. I think you are going to be a bit pissed off too.

So that makes it okay?

It also said that Mike was 2 x the legal limit to drive. How much is that? 3 beers? Isn't the legal limit extremely weak like 1 beer for the average person. Not saying it is okay to be drunk, but it appears they are going to use it as a sign that he was wasted which is not that apparant.

Again, this shows how little you know or just how biased you are. 2x the legal limit for a 140 pound runner would be more than 6 beers in an hour.

Why does it matter what his BAC was if there were people there who observed what happened, who were not drinking, that corroborated his story?

My initial impression after reading the article posted on the front page is that the officer(s) in question modified their version of what happened to make their conduct seem more justifiable.

After reading the report on the front page there is obviously someone lying about the situation and it is looking more and more like the police officer is the one trying to cover his tracks.Has any witnesses backed anything close to the police story?I would hope the court would take what the witnessess say more especially those that aren't friends of Mike.Hopefuly everyone that saw it contacts the defense lawyers because this could go either way. I found the officer's email and would love to ask him to come on here to defend his side but I don't think that is a road I want to go down.

midwaste wrote:

Why does it matter what his BAC was if there were people there who observed what happened, who were not drinking, that corroborated his story?

My initial impression after reading the article posted on the front page is that the officer(s) in question modified their version of what happened to make their conduct seem more justifiable.

"It also said that Mike was 2 x the legal limit to drive. How much is that? 3 beers? Isn't the legal limit extremely weak like 1 beer for the average person."

Notice the question marks (?). I did forget to put one on the last statement but it was formed as a question. Point being that I asked because I didn't know.

The BAC would be one of the very few things that the cops would have to help their extremely weak case out.

Seeing that someone who is 140LBS can drink 3+ beers in an hour and still drive and is a bit scary.

BAC at which point you are "over the limit" in most states is .08. This equates to 4 beers in an hour for an average size male. If he is truly 140#s then that may drop to 3 beers in an hour. Even using that calculation 6 beers in an hour is a lot for most people. BTW- the body disapates roughly .015 BAC per hour.

(Disclaimer- this is what I recall off the top of my head. If you want to research it you may get different information, but it shouldn't be too far off)

The legal limit for BAC is .08 in the United States. You drive and blow a .08, it's essentially an automatic DUI conviction. It is also possible to get a DUI UNDER .08 if it is clear that your driving was impaired by alcohol.

Driving isn't the issue here, but it does sound like Mike was drunk. His judgement was impaired. Right or wrong, the fact that he was drunk is not going to help his case.

On the other hand, it sounds like officer is exaggerating a little. That will not help his case.

what should be taken into considertion for both instances:

the cop - the article stated that the department was already invistigating him under previous "brutality" accusations.

so he has a HISTORY of overeacting.

mike - no previous criminal actions, the only thing possibly hurting his case is that he had alcohol in his system - though many of the witnesses were sober and gave an opposing story from the cop, which basically eliminates mike having alcohol in him at all (since his story is backed up by numerous people).

so you have a cop with a bruality history (whos story oppososes the vast majority of the people attending the party), VS a slim runner with some alcohol in him (whos story is in sync with everyone else's who was there).

tough one (sense the sarcasm?)

Another key is that Mike's story was corroborated by several sober people who are *not* Mike's friends - they just happened to be in the vicinity. The prosecutor may have been gambling that the transient nature of the event would inhibit witnesses from coming forward.

Let me start out by thanking all of my family and friends for their unwavering support through all of this. There is no way I could have handled this by myself. Nobody could have a better "dream team" of supporters than the one I have. A special thanks to Indra Turnbull who has put in endless amounts of time contacting potential witnesses and establishing a defense fund. From the minute she heard I was in jail, she was working the phones and connecting me up with well-respected Cincinatti-based lawyer Robert Newman. Additional thanks to all those that have contributed to the fund and to the cause; your gesture of kindness will never be forgotten! And, last but not least, my fellow Atlanta Track Club teammates - you guys have been great!

As for the charges levied against me - as ANYONE who witnessed the situation can truthfully attest to, I am categorically 100% innocent. The head laceration, the tasering, the 2.5 days in jail - all for asking an officer why he was roughing up a guy that was not resisting him? There is no way I was going to plead to any sort of assault or resisting charges because both are completely baseless. There was an assault that took place and it was unfortunately me on the receiving end of it.

Contrary to the complete fabrication they call a "police report", here's what actually transpired that evening:

Everyone was having a good time at this post-race party at the hotel. Although people were drinking, it was by no means a frat party gone wild. Some people were dancing, others were just socializing hopping from group to group. I had my camera with me so I was going around trying to get some group shots of my fellow teammates who were dispersed in with the crowd. I was casually drinking through the evening but I never got to the point where I lost a sense of self control by any means. It was around 11:30 when I happened to be standing out in a side hallway where there were restrooms, a double set of doors leading into an entranceway, and a table setup with some finger foods. People, including myself, were mingling about socializing in this hallway. At that point, I noticed from a few yards back an officer enter the ladies restroom and later come out with an male individual who I had never met. The officer was being overly aggressive with him considering he was not resisting in any way. The officer was twisting his arm around the back and basically jerking him around. I approached the officer from the front side and asked him why he was being so rough with this guy. I never made any contact with the officer in any way whatsoever nor did I make any threatening remarks or gestures. That is the moment though when things spiraled out of control. He tossed the individual he led out from the restroom out through the double set of doors into the entranceway. He then got a hold of me and threw me into the wall of the entranceway which caused a three inch laceration in my head. I managed to get back up and try to get my senses back. Before I could do or say anything else, I felt a violent jolt in my chest paralyzing me at which point I fell to my knees. The officer then proceeded to cuff me and tell me I was under arrest; by then two other officers had arrived. Obviously at that point I could barely move so I have no idea where the "resisting arrest" came into play in any of this. A short time later I was escorted to an ambulance and taken to an ER. This is where the other part of the report is grossly inaccurate. They had me cuffed on a gurney and started examining the laceration on my head. One of the officers who was there when I was arrested and knew what I had just been through was standing in the room in front me with a smirk on his face. This is when I asked the hospital staff that he leave the room; they said an officer had to be present in there so I asked if another officer could take his place (by this time there were other officers out in the hall). I was insistent that he not be there making light of the situation. I was not using any foul language but I did voice my objection that he be there. I was getting nowhere with my requests and they proceeded to put 14 staples in my head and haul me away to jail where I was booked. I VOLUNTEERLY did a BAC test due to the fact I never considered myself impaired to any degree. After I blew the .18, they all laughed thinking they could somehow use that against me but I reminded them that it's not illegal to drink and what transpired that evening had nothing to do with the fact that I was.

The officer (Deputy Chris Cresap) knows that he mishandled the situation and the force he used by slamming me into a wall and then tasering me was completely unwarranted. In writing up the police report following the incident, it is clear that he was making an attempt to justify his actions even if it means completely fabricating the entire course of events. He's trying to portray me as some out-of-control drunk who didn't know what was going on but that portrayal couldn't be further from the truth. I admit I was drinking but I was aware of exactly what was going on and what all transpired that evening and, unlike Deputy Cresap, did not do or say anything that I'd later regret. The force he used on me could have resulted in permanent brain trauma and/or death. This situation along with many other recent similar incidents in the greater Cincinnati area clearly indicate that more needs to be done as far as improving the recruiting of officers who can act according to proper procedure and protocol and training them to not loose their cool and lash out at someone who is simply asking questions and isn't posing any sort of danger.

We are going to fight this to the end to make sure justice prevails and this officer is held accountable. It is also my hope that the Warren County Sherriff's Department will reexamine their "use of force" and Taser standards and remind their officers of proper procedures in deploying their Taser. I would expect this type of thing to regularly occur in third world country death squads not in the USA but unfortunately it is happening all too frequently. I realize that police officers have a huge task in keeping the peace and I respect them for being out there fighting the criminal element but they by no means have a blank check to use whatever force they want to in any given situation.

Thanks again for the continued support.

Mike,

Well stated. 100% agree with everything you said and best of luck to you. As for that officer, I really hope he gets what he deserves.

"I realize that police officers have a huge task in keeping the peace and I respect them for being out there fighting the criminal element but they by no means have a blank check to use whatever force they want to in any given situation."

You bet.

*Cincinnati. Because I had to.

After you beat these charges in court, you ought to sue the police officer and the local police for their mishandling of this issue.

My complete sympathy as to what happened, and I wish you well. I assume you did so, but if not, I would make sure you talk to your lawyer before posting accounts like this. Granted that means we don't get to hear your well told story, but I would imagine he would want to know exactly what has been said to make sure you don't end up contradicting yourself a month or more later on some little detail that can then be used to discredit you. Good luck.

Hey, let's invite the cop to post his side of the story--better yet, post his email address!

Oh wait...not a good idea! I'm sure their lawyers are reading this thread as well.

Let me add my support for Mr. Gerber. By all accounts he should come out of this totally exonerated(considering the amount of witnesses he has), BUT....

You were not in Cincinnati. You were in Mason, a city itself that is a good 10-15 miles from the city limits of Cincinnati. Put blame where it is due, and don't attach it where it isn't.

talk to your lawyer wrote:

My complete sympathy as to what happened, and I wish you well. I assume you did so, but if not, I would make sure you talk to your lawyer before posting accounts like this. Granted that means we don't get to hear your well told story, but I would imagine he would want to know exactly what has been said to make sure you don't end up contradicting yourself a month or more later on some little detail that can then be used to discredit you. Good luck.

Dork, you've been watching too much television.

Thanks for posting that. It appears that my opinion of what had transpired, which was based on what previous witnesses had posted, is further bolstered by your account.

I will donate to your legal fund. Beat the BS charges they stuck on you and get that bastard cop's badge!