Partner of officer charged with beating African American man replied affirmatively to text using racial epithet and encouraging violence, trial reveals

This article is more than 4 years old

This article is more than 4 years old

A Detroit-area police officer who attempted to handcuff an unarmed man while his partner beat him sent racially charged text messages following the incident, it emerged this week.

Pressed during a trial over the incident Thursday, auxiliary police officer John Zieleniewski confirmed his response to a text exchange in March in which he was asked: “At least give me the satisfaction of knowing you’re out there beating up niggers right now.”

Zieleniewski responded: “lol, just got done with one.”

The text messages came out in the trial of William Melendez, known as “RoboCop”, who faces three felony charges and up to 10 years in prison for beating Floyd Dent during a traffic stop.

Melendez, a former police officer in the town of Inkster, repeatedly punched Dent in the head and placed him in a chokehold during the arrest on 28 January – a move captured on video that was later released to the media and sparked a criminal investigation.

Inkster has a population that is 73% black and a police force that is estimated to be 80-90% white.

Dent testified on Thursday that a former officer in the town of Inkster, William Melendez, approached his vehicle with his firearm drawn and said: “Get out the car or I’ll blow your motherfucking head off.” The 58-year-old said he didn’t resist officers who attempted to arrest him, despite earlier testimony that contradicted his remarks.

“I didn’t resist in any way,” Dent said on the witness stand in Wayne County circuit court Thursday.

Dent said Melendez choked him so tight he struggled to breathe.

“After he choked me for so long, I gave up,” Dent, a quiet 58-year old with a round jaw and dolorous eyes, said.

The Wayne County circuit court judge overseeing the case, Vonda Evans, agreed to allow into evidence a series of racist text messages that were linked to Zieleniewski.

At one point, Zieleniewski was asked by Wayne County assistant prosecutor Robert Donaldson if he ever called Dent “a piece of shit”.

“I might have,” Zieleniewski said.

Evans jumped in, asking: “When was it that you called him a piece of shit?”

Zieleniewski, who is a witness and not a defendant in the trial, responded: “A good length after the incident. At least a month, if not more.”

Donaldson continued: “You also described [Dent] as a dangerous criminal, is that right?”

“Absolutely,” Zieleniewski said.

Donaldson later introduced evidence of the text exchange involving a racial epithet.

A visibly uncomfortable Zieleniewski apologized to the court. “It’s an inappropriate word,” he said. “And I apologize that it does have to be brought up here today in court for unknown reasons.”

Evans told the jurors that the testimony must not be used in their determination of whether Melendez should be found guilty.

Dent, who admitted to driving with a suspended license that evening, was initially charged with resisting arrest and possession of cocaine, but the charges were eventually dropped. On Thursday, he denied being under the influence when he was arrested and has previously contended that police planted the evidence at the scene.

The centerpiece of the case will be the video of the incident, but, with such conflicting testimony offered on what transpired in Dent’s arrest, it will also turn on whether the jury believes Dent – a veteran Ford employee who acknowledged having difficulty processing thoughts – over the officers who arrested him that night. Dent’s version of events varied drastically from that of Zieleniewski, who on Thursday described him as erratic and aggressive after he was pulled over.

During the arrest, Zieleniewski said Dent “told me, ‘I will kill you’” as he attempted to forced him to the ground. (Dent has said an officer made a similar statement to him before he was pulled from his vehicle.)

“Since he wasn’t searched,” Zieleniewski said, “I didn’t know what the possibilities could’ve been.”

The two-hour testimony from Zieleniewski prompted several tense exchanges in the courtroom.

Zieleniewski, a full-time railroader who still works as an Inkster auxiliary officer, said Dent appeared to be reaching over to the right side of his vehicle as he and Melendez approached, and he didn’t comply with “any of the orders” given by Melendez. Dent was aggressive, tried to “get away” and “he was saying things in a very aggressive and angry manner”, Zieleniewski said. “The entire time; as soon as I got out of the control car.”

Dent disagreed.

“I tried to protect the right side of my face,” Dent said, describing being taken to the ground. “That’s when Melendez started beating me in the head. I told him stop, I can’t breathe.”

The decision by Melendez to place Dent in a chokehold appeared to violate the use of force regulations set by the Inkster police department. On Wednesday, Michigan state police first lieutenant Twana Powell, who was in charge of the investigation into Dent’s arrest, testified that “chokeholds are strictly forbidden” under department guidelines.

Dent said the 16 blows to his head from Melendez left him bleeding “real bad”. He told the court that he asked for medical attention, but said officers instead took him to the local police station to be searched. The altercation landed Dent in the hospital for two days with a fractured left orbital, blood on the brain and four broken ribs.

The incident didn’t garner significant attention until the dashcam video was obtained and released by a local news station.

A day after the incident, Zieleniewski received a text message from another officer who responded to the scene of Dent’s arrest.

“We’ve got major problems,” the officer texted Zieleniewski. “Call me.”

Zieleniewski, assuming the officer was referring to Dent’s arrest, replied: “Take video of the video and send it to me.”

Melendez was later fired, the most severe sanction he has received yet after decades of police brutality allegations. At one point, he received more citizen complaints than any officer in Detroit, where he started his career in 1993 and served until his resignation in 2009. He entered Inkster’s police force a year later.

The former officer has been named as a defendant in a dozen federal lawsuits, accusing him of planting evidence, wrongfully killing civilians, falsifying police reports and conducting illegal arrests. Some suits were settled out of court, costing Detroit millions of dollars; others were dismissed.

Melendez spoke in the trial only during a brief reprieve Thursday, when judge Evans implored any men in the room to remove their suit jackets, as the courtroom inside the 12-story building in downtown Detroit sweltered periodically throughout the day.

“I’m fine, your honor,” Melendez told Evans when the judge asked if he was OK. “Positive, thank you.”

Inkster, a Detroit suburb, agreed to pay Dent $1.38m as a result of his arrest by Melendez.

The trial is set to resume at 9.30am Monday.