Robbery suspect Hector Medina-Pena claims Allentown Officer Joseph M. Iannetta used excessive force when detaining him, kicking him in the head, giving him a broken jaw, and left him requiring three days of hospital treatment. Medina-Pena is now suing Iannetta, his fellow officer Patrick Bull, the ex-police chief Joel Fitzgerald Jr, the Allentown mayor and the city.
In May 2015, according to a police report, staff at the Platinum Plus club called police around 6:30 p.m. to report that a man showed the cashier what appeared to be a gun in his waistband and said, "give me all the money or I'll kill you." The cashier handed over $1,594 and the man fled in an SUV with three other men. Police pursued the vehicle and a bag with cash was thrown from a window. According to the lawsuit, the SUV was stopped by police and Medina-Pena exited his vehicle. He followed the instructions of Ianetta and went down on all fours in front of Iannetta's patrol car.
The suit states: 'Horrifically, while [Medina-Pena] was positioned on all fours, and defenseless, defendant Iannetta approached [Medina-Pena] with his gun drawn and performed what can only be described as a "WWE" style kick with his booted foot to [Medina-Pena's] right side of his head and face.' Iannetta allegedly delivered a second blow to the back of Medina-Pena's head in full view of Bull, who had a duty to intervene in the alleged assault, the suit claims.
Medina-Pena's lawyer Joshua Karoly told the Morning Call: 'The video speaks louder than I ever could.' Paramedics transported Medina-Pena to Sacred Heart Hospital, where doctors decided to transfer him to the trauma unit at Lehigh Valley Hospital for treatment of a broken jaw and three missing teeth, among other injuries, according to the lawsuit. The suit says Medina-Pena was not found to have weapons. He did later plead guilty to robbery. The suit also notes that Iannetta was the subject of 14 investigations about abuse, in-custody injuries and use of force between 2006 and 2016, none of which resulted in discipline, and was the defendant in a 2013 federal civil rights lawsuit that the city settled last month for $350,000.
Allentown Police Chief Keith Morris said in a statement: 'Hector Medina-Pena repeatedly refused to comply with Officer Iannetta's commands throughout the course of the encounter, repeatedly reaching into the area of his waistband where he was wearing a fanny-pack. Concerned about this suspect, who was reported by the victims to be armed, Officer Iannetta took action to protect himself, his fellow officers, and the public and take this later-convicted robber into custody by using the minimal amount of force necessary to overcome the threat. Medina-Pena subsequently pled guilty to Robbery in Lehigh County Court and was sentenced to 4 ½ to 10 years in state prison.
'In today's society, where officers are routinely being criticized for their use of firearms in encounters with suspects, this is an incident where an officer (based on his training) used a reasonable amount of force in response to the report of an armed suspect and necessitated by Mr. Medina-Pena's criminal actions, and took a felon into custody with minimal risk and injury to all involved.'
Allentown City Solicitor Susan Wild said in a statement: 'Officer Iannetta is a 14 1/2 year veteran of the APD. He has training far above and beyond the required training, is highly decorated for merit and bravery, and is himself an instructor and field training officer at the Police Academy and Commander of the Emergency Response Team. The actions of Officer Iannetta have been thoroughly reviewed by command staff and the Solicitor's Office and found to be appropriate under the circumstances. We look forward to the evidence in this case demonstrating that his actions were appropriate.'
Source: youtube.com
