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    • Officers Accused Of Overstepping Their Bounds Save Email Print
    Suspect says Carter Lake Police assaulted him in Omaha
    Posted: 8:45 PM May 19, 2008
     Last Updated: 11:44 PM May 19, 2008
     Email Address: sixonline@wowt.com
    62 comments
    A | A | A

    Did Carter Lake Police go too far after crossing into Nebraska to arrest a Carter Lake man? His attorney wants the officers charged with assault.

    Justin Peck is facing two charges of assault on Carter Lake officers stemming from an incident on April 24th.

    In store surveillance video given to Channel 6 News by Peck's attorney, you can see Peck walk into the Kicks 66 gas station on Abbott Drive just after 10:30 that night.

    Shortly after he enters, a Carter Lake Police officer approaches him. Soon three more officers approach Peck. There's no audio of the incident, but you can see the officers wrestling a bit with Peck before taking him down. One officer appears to be punching him.

    Attorney James Martin Davis says the video clearly shows that Peck did not assault the police officers. "Those were Carter Lake police officers who were on duty and then they crossed into Nebraska thinking that they were going to get away with what they can probably get away with generally in Carter Lake."

    Davis also provided pictures which he says show injuries to Peck's back when he was tasered by Carter Lake Police before Omaha Police arrived.

    Peck and Davis are seeking monetary damages, though no dollar figure was provided. Peck says the reason Carter Lake officers approached him that night was because he was a passenger in a car that was clocked going more than 100 mph.

    Peck has since lost his job as manager of the Kicks 66 station.
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    Posted by: Law abiding on May 24, 2008 at 03:34 PM
    Simple as this: If Peck had complied with the Officer's request and obeyed what he was told to do, it NEVER would have gone as far as it did. Peck is a hardheaded, thug, punk who apparently thought it was all funny until he got caught and tasered. Next time, driving over 100 MPH, he should watch whom he is driving with. Instead of just being tasered, he could find himself wrapped around a telephone pole caused from his "friends"? reckless speeding driving. So, he is actually getting away lucky. Maybe it's time to grow up and pick new friends?!! Thankyou!!!
    Posted by: Anonymous on May 23, 2008 at 08:18 PM
    Ever watch any national news? There is regular video footage of police brutaility, if you have never seen any, then your attention is not focused on issues. Just like attorneys, doctors, etc., it's the bad cops who make the whole group get speculation brought onto them.
    Posted by: The Original Cop on May 23, 2008 at 03:04 PM
    So much video? Do you know how many hundreds of thousands of citizen contacts are made by police in Omaha alone every year? Take that times all the police in the country and this "so much video" you speak of is far less than one percent of total police contacts. This guy was not in handcuffs and you have never once heard me support the beating of anyone in handcuffs, so I'd like to know exactly what you are referring to?
    Posted by: A on May 23, 2008 at 02:47 PM
    JMD is an idiot. What is he talking about when he said "what they can get away with generally in C. Lake. When is the last time C. lake cops have been in the news for anything negative. Is there any reason he can't be sued for slander? Shouldn't he have to prove the crap that falls out of his mouth. Between him and Ernie Chambers, may God help us all!
    Posted by: bless law enforcement on May 23, 2008 at 12:00 PM
    I believe that cops, no matter where they live, have the hardest job around. Not only to they put their lives on the line every day for us all, they also have to hear us complain about the job they do. Of course, I am sure there are some "bad cops" out there, just as there are "bad lawyers", "bad doctors", "bad car salesmen", etc. Give these guys a break. They were doing their jobs. GOD BLESS EVERY LAW ENFORCEMENT OFFICER and thank you for the job you do.
    Posted by: Anonymous on May 23, 2008 at 10:29 AM
    Original Cop, So why is there so much video out there of people in handcuffs still getting "taking control of the situation"???? I think you ought to consider joining the LAPD, it seems like you would fit in nicely.
    Posted by: The Original Cop on May 22, 2008 at 04:18 PM
    It's not a "sucker punch" it is taking control of the situation as quickly and safely as possible with the amount of force allowed by policy and law. What would be rational to you with this "somewhat uncooperative person"? Again at the time they don't know who he is or why he is refusing their commands. They don't know if he has a gun in his waist and is just stalling to decide whether or not to use it. We don't have the pleasure on hindsight in life and death situations. YOu can play what if scenarios all day long, but that doesn't change what they have to do. If they delay and this guy produces a gun and gets himself shot then people are up in arms for the cops shooting another person. Nearly 100 guns seized in NE Omaha so far in 2008 and two officer involved shootings. A large percentage of those guns were taken off of people after they were arrested without anybody getting shot. Because the officers used quick judgement to secure the person and get them handcuffed first.
    Posted by: WeNeedAPoliceAuditor on May 22, 2008 at 12:59 PM
    No day passes by without police actions being the headline news in a way that shows how police NEVER stops abusing their powers. I am constantly wondering how many police brutality actions DO NOT make it on the news bulletins and stories. Even though I collect these types of stories and I have a large collection of stories told by people who are willing to speak about police brutality I am always unsettled when I see how police interacts with simple citizens. What does it take for an individual to interact with the police in a way that fosters the idea that the police are not a repressive army of thugs? Police already have too much power and we need to effectively control them so that they do not use that power at their discretion and to the detriment of our freedoms. What’s next?
    Posted by: Anonymous on May 22, 2008 at 08:25 AM
    Original Cop, Believe me, I fully understand policy and protocol, I work in Human Resources. My point is, as an officer, and in many times in situations where snap judgement calls need to me made, how often are bad calls made? Be rational with an somewhat uncoperative person, or sucker punch him? I'd bet there is less abuse towards people being arrested as many people think, yet more than you and other officers would like to admit to.
    Posted by: The Original Cop on May 21, 2008 at 06:24 PM
    ......That means that if a person is refusing officers commands to get on the ground, put their hands behind their backs etc, and when the officers tries to handcuff them they resist then a taser use is justified. Department policy and court precedence allows it. So no matter what YOUR opinion is about it, the department and courts see it differently. The punches that are "beating" the suspect appear to be "brachial stuns". A distraction technique and pain compliance to get the suspect to comply. Again allowed and within policy. The suspect is clearly tucking his arms under his body and refusing to put his arms out. Authorized force to get him to comply. Again policy and courts say so no matter what YOUR opinion is of how it looks. They don't know if the guy if reaching for a gun in his waistband etc. They have to take control of the situation as quickly as possible. If he was standing there with his hands in the air complying and they punched/tazed him, then it would be bad.
    Posted by: The Original Cop on May 21, 2008 at 06:17 PM
    Yes Anonymous at 10:14, I think there are corrupt cops in society. There have even been some in Omaha and they have been fired and in some cases charges with crimes. The cops in Philly probably have some splainin to do. I'm not making excuses I've giving explanations based on police experince. You can judge all you want about the amount of force used, but until you have been through the training and know legally and per policy what level of force is justified then you can't question it. I take that back, you can question anything you want, but you have to be receptive to the truth when someone that knows the policies and procedures tries to explain why you questioning is misguided. If you have paid any attention to my other posts I have called out cops when they are clearly in the wrong. Whether people like it or not, the taser on the use of force continuum can be used after verbal non-compliance and defensive resistance............
    Posted by: ME on May 21, 2008 at 06:16 PM
    To all who are cop bashing: Why don't you go work a day as an officer, have someone be non-compliant, then chowing on your arm. Let's see what you would do besides a Monday Morning Quarterback.
    Posted by: Cornell Booth on May 21, 2008 at 05:14 PM
    To Anonymous:I thought it was just me, Who is original cop to put all cops in the same boat. I bet he does the same with everyone thats even associated with a group of people. Thats called stereotype.
    Posted by: Mike on May 21, 2008 at 04:04 PM
    To The Original Cop - Weren't those statutes you refer specifically for instances of on-going criminal pursuit (ie. high speed chases) or are you telling me that CLPD can knock on my Omaha door and beat me up if I don't cooperate with any of their questioning? If it was a high speed pusuit situation, why were the officers waiting for him at his job (seems they should have been running into the store and taking him down if this was an ongoing pursuit)? And it seems that in your mind's eye that absolute power doesn't corrupt absolutely, such as has been proven over and over in PDs all over this country (and I noted that you didn't address the NYC and Philidelphia cases where officers were disciplined or fired for abuse). There needs to be some accountabilitiy or more lawsuits will be incurred. And who pays for those lawsuits? The taxpayer, of course...
    Posted by: llr on May 21, 2008 at 03:49 PM
    JMD is a laughing stock. He gives Omaha a bad name.
    Posted by: Meca on May 21, 2008 at 02:05 PM
    I guess since JMD is not working for or with OPD or CLPD like a lot of the attorneys in this town are (even when they are a paid) Then he must be the enemy. This young man was an employee of the store, and to question him they felt the need not only to beat him but to taser him also, did he not do there job for him by telling them all they wanted to know, so lets beat the crap out of him, Thank god for cameras and I hope this young man gets justice but he probably wont bcuz of course the police are always right. HA HA
    Posted by: Anonymous on May 21, 2008 at 10:14 AM
    Original Cop Are there any corrupt or bad cops in our society in your opinion? Just wondering. It seems like you always come up with an excuse for why cops do what they do. I only saw the video once, and it seems like the cops used to much force.
    Posted by: bob on May 21, 2008 at 09:22 AM
    hey i got a idea , how about letting the cops do there job maybe some of crap that happens will stop....city line state line listen to them scream when it comes to.....youll have to call iowa or call oppd to handle the guy who has a gun shoved in you face we cant cross the line... JMD should change his name to jessie james martin davis enough said...
    Posted by: C on May 20, 2008 at 10:08 PM
    Why do people even bother listening to the "James Martin Davis Show" held every evening at 10pm. Any decent and level headed attorney should know that the use of force to arrest a combative suspect includes hand and arm strikes (not necessarily punches). Good job officers for catching the fleeing suspects who were everything but cooperative!!!!
    Posted by: Fake Name on May 20, 2008 at 10:06 PM
    To Mike: You might want to have a clue what you're talking about before posting comments. This is Abbott Drive we're talking about. OPD and CLPD can and DO cross state lines on this street all the time. BECAUSE THEY ARE ALLOWED TO! As for "pummel anyone they want to just for questioning??", bring yourself back down to Earth and think about that for a second. There is NO "pummeling" involved in JMD's own video clip. He was obviously resisting and deserved what he got. His only injury (as according to his own lawyer) is from a taser (FOR RESISTING!). No black eyes or busted ribs. I'm not saying all cops are angels. They are human, and humans sometimes act on emotion and adrenaline. But you cannot compare this incident to Philadelphia. Not even close! If you think you can do a better job than the police, then apply, test and become one! I'm sure the CLPD are shaking in their boots that JMD is after them. He's scum that represents scum and everyone knows it. At least logical thinking people
    Posted by: The Original Cop on May 20, 2008 at 09:58 PM
    Oh yeah and before all you meth head car thieves from east Omaha, Carter Lake etc. (I know not everybody from East O or Carter Lake is a meth head car thieves, but those who are know who I'm talking about)think you can just make a run for the border and you'll be free are sadly mistaken. Regardless of what the facts were in this case, I'm letting you all know as a general rule, there is nothing prohibiting us from pursuing felons across the state line. Once we catch them in Iowa they have to be turned over to Iowa authorities and have to be extridited (sp?) back to Nebraska to face charges, but the idea that the po-po have to stop and stand at the state line and wave bye bye is false. Nice try though JMD, try to put out enough misinformation to get the public on your side. Hasn't seemed to work so far in this case based on the comments. Oops maybe your next gravy train will pan out for you.
    Posted by: The Original Cop on May 20, 2008 at 09:47 PM
    Mike- Omaha and Carter Lake have an interlocal agreement. The authority granted by law by the Nebraska Political Subdivision Interlocal Cooperation Act, Chapter 8 of Article 13, Neb. Rev. Stat. 13-801 et seq. (1943)(Reissue 1991); and the authority granted under Neb. Rev. Stat. 18-1706; and the authority granted under Iowa Code 804.7B. Riveting stuff isn't it. The officers from each city fall under their cities policies and procedures and each city is liable "for acts and omissions of its officers while performing services under this Agreement." OPD was not on scene yet and this individual was refusing to cooperate with the officers. They have to take control of the situation as quickly as possible. They can't wait around without securing the individual in case he is armed or attempting to flee or destroy evidence etc. Bottom line is cooperate with the police and do what they say. If you are truly being falsly arrested then you hire JMD and win your lawsuit. Do what you're told
    Posted by: Jake on May 20, 2008 at 07:53 PM
    This looks like a clear case, until you realize Omaha's SLEAZIEST "ambulance chaser" is working for the kid....now we need to look at it very closely.
    Posted by: Cornell Booth on May 20, 2008 at 05:38 PM
    What is wrong with people. Do you actually think once someone is sworn in as an officer, they're not human anymore. There are cop that are dumb and unfair. And there are also officer that are nice and competent. Just like everyone else.
    Posted by: Mike on May 20, 2008 at 04:59 PM
    To The Original Cop - So, according to you, it's OK for local officers to venture outside their legal jurisdiction and pummel anyone they want to just for questioning?? You may not think officers roll like that but we continually see instances where the EXPERIENCED officers (like recently in Philly) are caught redhanded punching, kicking and beating suspects in general. It is quite apparent that the officers involved should have followed proper procedures and asked OPD to assist in questioning this individual about his speed-demon buddy and then this discussion and proposed charges would be moot. Because they didn't, they deserve what Mr. JMD is going to do to them, plain and simple.
    Posted by: The Original Cop on May 20, 2008 at 03:36 PM
    Wow. Did I sleep to long and wake up in some parallel universe where the cop hater don't have access to the internet. I'm completely surprised by the mostly supportive comments. It's nice to know so many people can see JMD for what he is and can see for themselves what happened and draw their own conclusions. As one post mentioned, an officer was bit by the suspect and another officer had his thumb grabbed and twisted. To Anonymous at 12:49- 30 some years ago there was a lot of police beating people with billy clubs. Right or wrong that was more of the norm back then. You can't hold grudges based on policing from 30 years ago and policing today. Different standards. The cops don't roll like that these days. The handful across the country that may, are quickly noticed and removed from the profession.
    Posted by: Go Cops on May 20, 2008 at 02:43 PM
    To get to Carter Lake one must drive through omaha, Carter Lake Omaha and then back to Carter Lake. This young man thought he could say and do as he wished as he worked at the store. Actually half his family works at the store. convieniently they just show bits and pieces of the video and no audio. If he would of kept his mouth shut he wouldn't of even been involved in any of this. He wasn't driving. I've had numerous run ins with some people from Carter Lake and those all thought they were above the law. Obey the law or go to jail enough said.
    Posted by: Anonymous on May 20, 2008 at 02:40 PM
    If they did something wrong why isn't there an arrest warrent out for the people involved. I didn't know cops could go across state lines to try and arrest someone. What were they trying to arrest him for it doesn't say that.
    Posted by: Tim on May 20, 2008 at 02:19 PM
    James Martin Davis is nothing but an ambulance chaser. What happened to innocent until proven guilty. It is the other way around when it involves cops. We don't see what happens before they enter the store. Anything James can do to get his ugly mug on TV.
    Posted by: Tammie on May 20, 2008 at 01:59 PM
    it looks like resisting arrest to me, I think they did there job, he was clearly fighting with the cops, we need to let the cops do their job, and stop putting them down. Could you do their job? I sure can't.
    Posted by: NorfO on May 20, 2008 at 01:55 PM
    We peeple need JMD. Sometimes he toes the line between "us" and "them". "Them" is the cops that think they can get away with a beat-down and break laws. His job is to make the cops accountable, and he deserves to get paid for his work.
    Posted by: Anonymous on May 20, 2008 at 01:35 PM
    Funny how JMD failed to mention that Peck bit the officer and wouldn't let go, that was the reason why the officer had to use force to make Peck let go. Yet again another loser looking for money.
    Posted by: Anonymous on May 20, 2008 at 01:35 PM
    Oh how convenient for JMD to sit on his $400 thrown and spew out such statements about Carter Lake Police getting away with generally what they can in CL. Does he have specific facts to back this up? I didn't think so! Go pry on someone else. Get a real client who isn't guilty for once while you're at it!
    Posted by: The Truth on May 20, 2008 at 01:16 PM
    Is being a passenger in a car that is exceeding the speedlimit a crime?
    Posted by: me on May 20, 2008 at 01:14 PM
    Looked like resisting arrest to me. If your going to fight back, so are the cops, idiot. Cooperation will get you everywhere and then you don't need someone like JMD trying to defend you and wasting my tax dollars on idiots who think they can resist cops. And for the Carter Lake police...welcome to Nebraska! I know OPD has been to Carter Lake since it's both Iowa & Nebraska, as long as they are doing their jobs.
    Posted by: John on May 20, 2008 at 01:01 PM
    Don't jump to conclusions until the full story becomes public. The comments about the Carter Lake Police Department are completely uncalled for.
    Posted by: Anonymous on May 20, 2008 at 12:49 PM
    I don't trust Iowa cops. My dad was beaten in the back with a billy club by council bluffs cops some 30 years ago, and has multiple back surgeries since then. He was even placed on permanent disability for years. And why did they do this to him? Because he was talking back to them when he was pulled over. Some cops need to be held accountable for their actions and abuse of power. I think they all need to take mandatory training every year for anger management, etc because there are so many police officers that are so stressed over what they see on duty that they go home and abuse their wives. I'm not saying all, but there are some that do that.
    Posted by: Anonymous on May 20, 2008 at 11:52 AM
    If you break the law, except a run-in with the police. Peck should be charged with assault on an officer but to whomever said police can do what they want, whenever they want, that's complete absurd. The police are usually armed with pepper spray, taser, baton and a gun, you cannot tell me that they used all forms of force (minus the gun). If they did, the police wouldn't have been seen punching and kicking, that's called excessive force. They could've used pepper spray and taser and probably apprehended the suspects without the punching and kicking. I'm usually pro-LE and stick up for le in this community but this case makes me wonder if these officers power and authority went to their head.
    Posted by: Rachel on May 20, 2008 at 11:38 AM
    If your guilty, you hire James Martin Davis!!!!!!!!!
    Posted by: Junior on May 20, 2008 at 11:30 AM
    The bigger question is "Why is channel 6 giving Davis air time?" Must have been a slow news day.
    Posted by: Anonymous on May 20, 2008 at 10:45 AM
    I'd love to talk to James Martin Davis to see if he is interested in actually doing something "GOOD". I have an EX who is $11,000 behind on his child support payments. Maybe ole JMD would help me get some action taken against him.
    Posted by: Anonymous on May 20, 2008 at 10:35 AM
    They should charge him with attemped murder of an officer, there a severe risk associated with punching a restrained suspect. Police can do whatever they want whenever they want. Any one who thinks differently is resisting arrest and asaulting a poilce officer.
    Posted by: May on May 20, 2008 at 09:31 AM
    I am sure that guy did NOTHING wrong & the police in Carter Lake enjoy this kind of public attention...if you hire JMD, you are a criminal...Seriously though, I am sure the police did what was necessary for public safety. They know the mess that can be caused by going out of their jurisdiction, so I am sure there was a good reason. JMD is a bottom feeder, but admittedly a well paid bottom feeder.
    Posted by: Mary on May 20, 2008 at 09:19 AM
    My daughter knows Peck. She has stated he is NOT the kind of kid that is violent. Cops need to be accountable, period. They have the idea in thei head that they do no wrong....good thing the cameras were there. There are always 2 sides to every story.
    Posted by: w on May 20, 2008 at 09:00 AM
    Iowa should sue Davis for slander with what he says about their police.
    Posted by: Anonymous on May 20, 2008 at 08:26 AM
    Oh yes, the abuse of power. Isn't it contagious. The actions of those officiers is a prime example of, "be it right or be it wrong", it's starts at the top and trickles down.
    Posted by: Anonymous on May 20, 2008 at 08:09 AM
    Its nice to see some support for officers, so far. I agree with Chris, officers should be able to cross invisible lines to apprehend a suspect!
    Posted by: Fred on May 20, 2008 at 08:05 AM
    JMD lost all credibility years ago due to the type of people he continually represents and due to the stupid comments he makes on every case. What a clown.
    Posted by: Bobbo on May 20, 2008 at 07:54 AM
    Way to go cops! Justice like that needs to cross state lines more often. I feel sorry for Peck. With JMD for an attorney he will get some media attention and a dog and pony show in the courtroom. But the ruling will be GUILTY. Everyone knows JMD is a terrible attorney in this city. Judges can't stomach listening to him.
    Posted by: Rayism on May 20, 2008 at 07:51 AM
    I think that JMD is a money hungry shark, however in this City he is the only lawyer man enough to take these type of cases. I don't understand why this person should be behind bars.... all we know is that the officers assulted a man in the place of his work outside of thier jurisdiction, they are punishable by law if that is even inforced now of days.
    Posted by: jp on May 20, 2008 at 07:01 AM
    Well, I guess if you don't want to have run ins with the cops...DON"T BREAK THE LAW!!!!JMD, of course, defends all criminals that can twist and turn and stretch the truth. If criminals can cross state lines, then cops should and can.
    Posted by: mike on May 20, 2008 at 06:57 AM
    Another money hungry criminal.
    Posted by: Liz on May 20, 2008 at 06:07 AM
    While we all are against any sort of brutality, James Martin Davis is costing us taxpayers with his frivolous lawsuits. No matter how noble the underlying concept, preventing brutality, JMD seems to sue at the drop of a hat. I wonder how he can sleep well at night, given that his ethics should be in question.
    Posted by: bill on May 20, 2008 at 03:20 AM
    Looks like the officer was just going to put hand cuffs on the man when he flipped out and tried to wiggle free causing officers to take him down. Where he further resisted arrest. I don't see him making any cash off of his suit. I do see him being charged with resisting arrest and not getting his job back! What a loser
    Posted by: Seriously? on May 20, 2008 at 02:02 AM
    That's nice. No audio to hear what CLPD and Mr. Peck were saying. No video from outside to show what lead up to and after this confrontation inside the store. But there are pictures of injuries to Mr. Peck's back from a taser. Really? You mean the little prongs they shot out at you broke the skin? And how is CLPD crossing state lines even a part of the story? This isn't the movies! It's not like they crossed the Mexican border. I don't even know where the Nebraska/Iowa lines are on Abbott! Who cares! This won't even be a story tomorrow. Mr. Peck will go to jail. Should be federal for crossing those same state lines (wherever they are!) going 100mph. At least we all got our weekly dose of JMD's ugly mug!
    Posted by: Chris on May 20, 2008 at 12:02 AM
    I think the police should cross state lines more. Criminals think that they can flee by just going into Nebraska or the other way around. Get the cruiser cam and see what happend outside the store and the events leading up to the arrest.
    Posted by: LMAO on May 19, 2008 at 11:40 PM
    I like how the story says 'peck and davis are seeking monetary damages'. What else would Davis get involved for if not to make a couple bucks?? A car going more than 100mph, thats right, thats no crime, until you lose control, slam into another car and take out somebodys family. Why don't people learn...hiding your hands IS resisting when the police have NO idea who you are or when that hand finally comes out if it will have a gun in it.
    Posted by: mTm on May 19, 2008 at 11:29 PM
    "No Credibility" should be the catch phrase for JMD. Isn't it amazing that only the innocent criminals find their way to JMD. Also it's funny that the media also worships JMD and give him credibility as a source and good attorney. Good anything does not describe JMD.
    Posted by: Jennifer on May 19, 2008 at 11:27 PM
    What kind of heck is the comment "Those were Carter Lake officers who were on duty and they crossed into Nebraska thinking they are going to get away with what they can probably get away with generally in Carter Lake." JMD you are a pond scum creep protecting people who deserve to be behind bars!
    Posted by: Jack on May 19, 2008 at 10:44 PM
    I have seen the video and the suspect is clearly resisting arrest. When the officer is "punching him" he is holding his arm under his body so the officer cannot put him in hand cuffs. I have seen worse incidents on COPS . This will be thrown out and the suspect should atleast be charged with resisting arrest not assaulting an officer.
    Posted by: s on May 19, 2008 at 10:27 PM
    another one of james martin davis' innocent criminals. how does he find all these losers? how come the media never goes back to him after his client is found guilty and ask what happened? i'm sure his client didnt say a word and did what the officers told him to do. why did he get fired if he did nothing wrong?
    Posted by: Fake Name on May 19, 2008 at 09:29 PM
    This story loses all crediblity when the name 'James Martin Davis' is added. Love how he fails to mention anything that may have happened outside the store. What a worthless creep.
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