Lawyer says he expects charges to be pursued for Alabama cop Dana Elmore who used a stun gun on a Micah Washington man telling him to ‘shut your b**** a** up’
The attorney for an Alabama man who was handcuffed and tasered by an officer when she told him to shut up said he expects criminal charges will be filed against the suspended officer.
Leroy Maxwell Jr., the attorney representing 24-year-old Micah Washington, said the investigation into the viral incident is still ongoing. Video captured Reform police officer Dana Elmore's actions during the December 2 drug arrest, sparking outrage.
“We will not stop relentlessly pursuing justice for Washington until every responsible party is held accountable for the excessive use of force and false accusations leveled against him,” Maxwell said in a news release.
Washington has since been released from prison and the The drug trafficking and gun possession charges were dismissed, although other charges remain.
“We expect that the remaining charges will also be dismissed,” Washington's lawyer said.
Elmore was placed on leave while the investigation continued.
Leroy Maxwell Jr., the attorney defending Micah Washington (pictured), said he expects criminal charges will be filed against officer Dana Elmore
On December 2, Reform police officer Dana Elmore was filmed using a stun gun on the handcuffed Washington and telling him to “shut his motherfucker up.”
Elmore has been placed on leave after footage of her reaction was widely criticized
In a recent interview with ABCWashington revealed that the incident began when he and his brother were changing a flat tire on the side of County Road 27, near his aunt's home, when Elmore approached and asked to see his ID.
Washington then asked what was going on and why he had to show his ID because he was complying with her order.
“I was respectful and said yes ma'am, no ma'am,” he said.
“She asked me to stand in the back of the car, but I thought, 'I'm not being held and I don't have to do anything.'”
'She grabbed me and I stood between the back door and the driver's door. I tried to turn on my camera and record her, but she groped me for the first time and put her foot in my back after I fell.”
When Washington fell onto the hood of the car, his brother, Shikeem Washington, began recording the video.
After Elmore ordered the suspect to stand up, Washington says he walked to the car in handcuffs and told her he had a gun in his pocket, which he was carrying legally.
The laughing officer grabbed the gun that was in his pocket before saying “oh yeah” and put the stun gun into his back again.
As Washington lies against the front of the car, the police officer tells him to “stay still.”
The officer can be heard on the video yelling, “Shut the f**k up,” as Washington whimpered and cried in pain while repeatedly saying, “Oh my God.”
Elmore asked, “Do you want it again?” He cried when she said, “Shut up.”
“Washington cried, begged and begged Elmore to stop,” Maxwell said in the news release.
Maxwell said his client was handcuffed throughout the encounter, did not resist and posed no threat to the officer.
“He did everything right and was still the victim of a cruel, hateful, excessive and unlawful use of force,” his attorney said.
After Washington was arrested, he was taken to the Pickens County Jail and charged with trafficking fentanyl, obstructing government operations, resisting arrest, possession of marijuana and being an ex-felon in possession of a firearm .
The fentanyl trafficking charge and associated $500,000 bond were later dropped after further investigation revealed that the substance in his possession was not the opioid drug.
Washington spoke about the incident in a recent interview with ABC, detailing what happened during his arrest
Maxwell said his client's case remains under investigation and charges against Washington “remain pending,” but he expects the mine restitution charge to be dismissed.
In his interview, Washington said that although he was targeted during the encounter, he was more concerned about his brother and worried that something could happen to him.
He also believes he would still be in prison if his brother didn't capture the moment.
“I honestly just want justice so that she gets what she is legally entitled to,” he said.
The State Bureau of Investigation and the Federal Bureau of Investigation are investigating the case.