An 80-year-old man testified Monday in federal court that he never would have tried to start a fight with Denver police officers because he knew how it would have ended.
“Three of those policemen there,” Elroy Lee said. “I would not have caused conflict. I would lose. I knew that.”
Lee is suing the city and Denver police officers Choice Johnson, and Randall Krause for violating his civil rights after the officers handcuffed him outside his home in September 2012.
The officers had come to Lee’s northeast Denver home after a cellphone app showed a stolen phone was inside his home. The officers wanted to search Lee’s house, and he gave permission, Lee has said in his complaint.
When Lee tried to follow Krause inside, Johnson grabbed the man’s hand, pulled it backward and twisted his arm before handcuffing him, Lee said. Krause and Ryan also participated in the handcuffing, he said.
After two officers went inside, Johnson walked with Lee down his driveway and to the street, where neighbors were watching, according to Lee’s complaint. Johnson eventually took Lee inside and had him sit in a chair before removing the handcuffs.
The handcuffs were so tight they cut Lee’s wrists, he said.
No cellphone was found in the house, and Lee, a retired Denver Public Schools science teacher, was never charged with a crime.
But Writer Mott, assistant city attorney, said during his opening statement that Lee had to be handcuffed for officer security.
Lee struggled with the officers as he resisted the handcuffs, Mott said. He was agitated and raised his voice. He also tried to push Johnson out of the way so he could follow the other officers into the house.
“The officers will testify the reason they put Mr. Lee in handcuffs is because of his increasingly aggressive behavior,” Mott said. “The reason they do so is to get Mr. Lee to calm down.”
Johnson is expected to testify Tuesday. He has been named in that claims he used excessive force when he shoved a man while working off-duty security outside a LoDo bar. He has been given for that incident.
