A Wisconsin father wants prosecutors to charge an off-duty police officer who appears to have briefly pressed his knee into his 12-year-old daughter’s neck.
MADISON, WIS. — A Wisconsin father wants prosecutors to charge an off-duty police officer who appears to have briefly pressed his knee into his 12-year-old daughter’s neck similar to how Derek Chauvin fatally restrained George Floyd. The hold may have violated the officer’s department’s policies and a new Wisconsin law banning police chokeholds in most cases, but the ban doesn’t provide any penalties and several legal experts say charges are unlikely.
Perez’s daughter is Black and Guetschow is white. The incident came in a city that was roiled by unrest in 2020 when a white police officer shot a Black man, Jacob Blake, in the back while responding to a domestic dispute. During protests that followed, 17-year-old Kyle Rittenhouse shot three men, killing two of them.Perez and his family’s attorney, Drew DeVinney, have demanded that Kenosha County District Attorney Michael Graveley charge Guetschow.
That means Graveley, who pressed the charges in the Rittenhouse case, can’t charge Guetschow under the chokehold law. He could conceivably charge him with some other count, such as battery or assault or recklessly endangering safety, however. Graveley said Monday that no law enforcement agency had referred possible charges to his office.
Julius Kim, a former Milwaukee County assistant prosecutor, said the restraint looks bad at first glance. But when a prosecutor considers the totality of the circumstances, including the dangerousness of the situation, whether some form of restraint was necessary, the amount of force used and the duration, criminal charges probably aren’t justified, he said.
Daniel Adams, another former Milwaukee County assistant prosecutor who now works as a defense attorney, felt differently. He called the video “shocking” and Guetschow’s use of force “intolerable.” Guetschow resigned his security guard position on March 15, saying in an email to school district officials that the incident had caused mental and emotional strain on the community and his family, and that he felt the district hasn’t supported him.
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