Caledonia Argus

Probe of alleged police brutality is underway

Posted: 1/21/03

by Andrew Miller
Argus News Reporter

Allegations made by Mark Knutson that police used excessive force when arresting him on December 6 has prompted an investigation into police misconduct.

In a statement filed with Caledonia Police on December 30, Knutson alleged that Officer James Logan sprayed mace at his nine-year old son, struck him 30-40 times, and applied a chokehold which necessitated that CPR be administered to restart his heart.

Caledonia Chief of Police Duane St. Mary has been assigned the task of determining the validity of Knutsonís claims. After Knutson addressed the Caledonia City Council on January 12, Mayor Bob Burns instructed St. Mary to ascertain whether Knutsonís complaint is substantiated, unsubstantiated, or whether there is not enough evidence to either prove or disprove the allegations.

Central to the investigation is a videotape recording taken from Loganís squad car. Though the film shows only the outside of the residence in which the incident occurred, a microphone attached to Loganís uniform captured the conversation leading up to Knutsonís arrest, as well as the sounds from the altercation that ensued.

Earlier that day, Logan had been advised to locate Knutson, who was believed to have violated an Order for Protection. Acting under orders from St. Mary, Logan arrived at the Saylor Wheaton residence, where Knutson was housesitting, just before 7 p.m.

Logan asked Knutson to come outside, but Knutson, who had been in a hot tub and was in a swimsuit, asked Logan to come inside. While the two men conversed in the house, Knutson is heard saying, ìIím getting in the hot tub, I didnít do anything wrong, Iím not going anywhere.î

Via the dispatch radio, which Knutson could hear, Logan was told that it was St. Maryís wish that Knutson be arrested, and the dispatcher made reference to authorities picking up Knutsonís children, who are in the residence in which Logan and Knutson are talking.

After the dispatcher made mention of picking up the children, ìthis is where things started going sour,î according to a spokesman for Caledonia Police.

Knutsonís tone of voice became noticeably belligerent at this point, and Logan is heard requesting that more officers be sent to the scene. A loud bang can be heard on the audio recording, which Caledonia authorities say is Knutson hitting the wall with his hand as he descends the stairs into the basement.

Downstairs, Logan placed Knutson under arrest, and Knutson responded by telling Logan to leave the house. He is heard commenting, ìI didnít do nothing wrong, this is (expletive deleted). What kind of a cop are you?î

At 7:05 p.m., the audio recording evinces evidence of a scuffle. According to a case report Logan filed after the incident, it was then that Knutson struck Logan with a Styrofoam hot tub cover. According to Knutson, he was trying to put the cover on the hot tub when Logan sprayed mace at his nine-year old son, at which point he tried to knock the can of mace out of Loganís hand with the hot tub cover.

Sometime during this sequence of events, according to Caledonia Police, Knutson was sprayed twice with mace, and Knutson attempted to punch Logan, but missed and fell backwards onto the stairs. Knutson claims that at this time Logan struck him with a police baton.

Sounds of fighting and kids screaming can be heard as the videotape shows Spring Grove Chief of Police Paul Folz arrive at the residence at 7:05 p.m. The door was locked, so Folz broke the window in the door, unlocked it, and entered the residence.

The audio recording between 7:05 and 7:07 p.m. is vague. Knutson can be heard making growling noises, which Caledonia Police say is Knutson ìtrying to breathe after being sprayed with mace.î Caledonia authorities also noted that Logan and Folz pinned Knutson down. On the audiotape, Knutson is heard saying, ì(expletive deleted) you, let me up.î

In Knutsonís written complaint, he claims that Folz kicked him in the chest and stomach while he was blinded from the mace and on the ground.

Officer Heath Dienger of Caledonia Police arrived at the residence at 7:07. Officers are heard telling Knutson to ìstop resisting,î and Knutson conveys that he canít breathe or see.

Two minutes later, all parties exited the house. Knutson, with an officer by his side, exited the house on his feet, sat down on the front steps, and spoke, though with considerable pain. Dienger contacted the dispatcher to send an ambulance, and then laid a blanket on Knutson, who had sprawled out on the steps.

Knutsonís children were then escorted from the home. His son, whom Knutson claimed was sprayed with mace, showed no visible signs of impairment, while Logan, who had caught some of the spray, could be seen wiping his clothes and rubbing his face.

An ambulance arrived at 7:16, and while medics tended to Knutson, Logan is heard speaking with Robert Schuldt of the Houston County Sheriffís Office. Logan said that he ìtried to handcuff him (Knutson) and he resisted. He threw a punch at me, he missed, I grabbed him and he fell on the stairs. Probably where he hit his head was on the stairs.î

Knutson was lifted onto a stretcher at 7:20 p.m. and, though in obvious pain, is heard talking to the medics. At 7:22 p.m. the ambulance, carrying Knutson, drives off.

Knutson claimed that two ambulances were summoned to the scene. According to Caledonia authorities, this is inaccurateñ only one ambulance was present.

However, what occurred between 7:05, when the fight commenced, and 7:09, when Dienger arrived, remains ambiguous. Prior to the altercation, it is clear that Knutson verbally resists arrest, as Logan states in his report St. Maryís task is now to determine what occurred between 7:05 and 7:09, since Knutsonís claim that ìvery excessive forceî was used could only have taken place during that stretch of time.

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