Glasgow Daily Times, Glasgow, KY

Local News

May 6, 2013

1:40 AFTERNOON UPDATE: FBI agent testifies, court struggles with restrictions on testimony

(Continued)

BOWLING GREEN —

Eaton told the agents on April 20, 2010, that when he came upon Stinnett on Feb. 24, 2010, during a foot pursuit, Eaton was the first officer on scene and Stinnett had what looked like a pistol in a clenched hand. Eaton told the FBI that as Stinnett confronted him, he pulled out his asp baton. Patel asked McClelland what he would expect an officer to pull out if confronted with an armed suspect.

"I would expect an officer to pull out a gun if a suspect had a weapon like that," McClelland said.

Similar to his BCSO report, Eaton told the agents he hit Stinnett three, or no more than four, times with his baton, and Stinnett remained standing. His second strike was aimed at the collar bone, and while he did not notice that he hit Stinnett's head, McClelland said Eaton told the agents he may have inadvertently hit Stinnett on his head with the baton. Stinnett then kicked Eaton, and Eaton backed away from the confrontation as another officer, followed shortly by two more, joined the scene.

Eaton said the other officers were able to wrestle Stinnett to the ground, and Eaton supplied his handcuffs for Stinnett's apprehension. Stinnett became compliant after he was cuffed, and the altercation ended, Eaton said. No one hit Stinnett after he was handcuffed, Eaton said both in the FBI interview and his report.

Eaton said he did notice blood on the ground after Stinnett's arrest, and he told the FBI that Stinnett’s head was near an air conditioner unit during the struggle.

Bennett told the FBI that when he arrived on the scene, Stinnett was already on the ground and one officer holding a baton was with him. Bennett reported that he saw the suspect, while flailing on the ground, kick the officer holding the baton. Bennett and two other officers then joined the confrontation. Bennett straddled Stinnett while he and two other officers tried to pull Stinnett’s hands out from under his stomach. In Bennett’s BCSO report, he wrote that he broke his hand during the struggle with Stinnett.

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