Thomas Charles Armstrong, injured during an altercation with Denver police this month, was sent home from the hospital Monday, his attorney said.
Armstrong, 37, was able to talk to his attorney, Walter Gerash, about the struggle with officer Daniel Swanson, which occurred on East 11th Avenue near Xenia Street on Nov. 11.
“What he says happened checks with what the independent witness told me,” Gerash said. “He told the same facts. He does not have retrograde amnesia.”
After speaking with Armstrong, Gerash said he plans to file a lawsuit against the city and county of Denver when he is done conducting his own investigation.
Efforts on Monday to contact Armstrong through his family were unsuccessful. Gerash declined to say what his client told him about the incident or to identify the independent witness.
Police say that Armstrong was approached by the officer because he was acting suspiciously while walking back and forth across East 11th Avenue and that the fight began when police could not subdue him.
Family members say Armstrong was targeted by the officer because of the anti- brutality activism of his brother, Earl.
Cocaine and marijuana were found in Armstrong’s system, according to his medical records.
While in police custody, Armstrong stopped breathing and had no pulse. Officers revived him at the scene.
Armstrong suffered kidney failure, a fractured nose, and bruises and cuts to his face and knees after his arrest.
Several witnesses came forward to say they saw the police encounter with Armstrong, but each offered different accounts.
One witness describes nothing more than a struggle with an uncooperative suspect; another says she saw two Denver police officers repeatedly kicking a handcuffed Armstrong.
Gerash said Armstrong was last treated at St. Joseph Hospital and posted bail to get out of police custody Monday.
Staff writer Felisa Cardona can be reached at 303-820-1219 or fcardona@denverpost.com.
