Accounts Differ on Encounter of Photographer, Detective

By Jeremy Pawloski, The Olympian, Olympia, Wash.

Jun. 10–A Lacey police detective reported he arrested Olympian photographer Tony Overman at a fire scene Friday after Overman “hit me in the nose with his forehead,” during a verbal confrontation as Overman stood behind the police tape meant to separate the public from firefighters.

But four Lacey police officers who were at the scene, including Sgt. Terrence Brimmer, make no mention in their reports of seeing the alleged physical contact between Overman and Miller.

Police accounts

Police reports were provided to The Olympian on Monday regarding the confrontation between detective David Miller and Overman that started outside of a burning duplex on 22nd Avenue. Overman left a restricted area after a police request and Miller told another officer that “if Overman came into the taped area again, he was to be arrested,” police reports state.

“Overman, who was about 15 to 20 feet away turned and began to walk toward me,” Miller’s written report states. “He had an angry look on his face he was walking quickly toward me. He was yelling ‘what did you say?’ I was standing inside the taped area and Overman walked right up to me. He appeared to be very upset. He yelled again, ‘What did you say?’ I responded, ‘If you cross the taped area again you will be arrested.’ Overman got inches from my face and yelled, ‘I left didn’t I.’ Overman then hit me in the nose with his forehead.”

The other side

Overman’s account differs.

Overman said that after he approached — but stood outside — the police tape, he stopped to speak to Miller and stood his ground.

Overman said that as he stood outside of the tape, Miller continued to approach him, then “put his face literally half an inch from my face. I didn’t move. He instigated the contact. He touched his nose to my nose.”

“When our noses touched, very, very softly, at that point he stopped and slammed me in the chest with two hands, really, really hard,” Overman said.

Overman, 45, who has worked as a photojournalist for 27 years, including a six-week stint taking photos in Iraq alongside a Stryker brigade, said the notion that he would assault an officer or resist arrest is ludicrous. Miller’s written statement alleges that Overman did not comply with his commands as he tried to arrest Overman and “during this struggle I stated to Overman several times to stop resisting.”

Overman said that after Miller pushed him, he fell to the ground and turned on his stomach with his arms behind his back. “I never tried to get up off the ground,” Overman said.

Lacey Officer Robert Wilson wrote in his report that he saw Miller approach the police tape where Overman was standing after Overman had walked up to the tape. Overman “walked up to the Police tape and stood directly in the face of Det. Miller who had also walked up to the tape,” Wilson’s report states. “The male began talking loudly at Det. Miller who in turn was talking loudly back. Due to my need to assist Intercity Transit with a mentally disabled female, I turned away from Det. Miller and the male. As I was walking away I heard Det. Miller yell out to the male that he couldn’t hit him (Miller).”

Officer Wilson wrote later in his report that when he went to assist Det. Miller, Overman “was lying on his right side with his left arm behind his back.” While Overman was on the ground, Overman’s “right arm was under his body and was easily pulled out to be handcuffed,” Wilson’s report states.

“This was two stubborn, emotional people having a discussion and one pulling out his trump card,” Overman said.

Lacey Police Cmdr. John Suessman said Overman was cited for simple assault and obstruction. It will be up to the Lacey city prosecutor to decide whether to charge Overman after reviewing all of the police reports.

Investigation continues

The Lacey Police Department hasn’t finished its investigation and needs to complete its witness statements from firefighters. Because firefighters work 24-hour shifts with the next 48 hours off duty, it is taking some time to get statements from all of the firefighters who were on scene Friday, Suessman said.

Suessman reiterated prior statements that the Lacey Police Department values its positive working relationship with The Olympian, and wants to continue that. The department is conducting an internal investigation of the incident based on Overman’s complaint to Lacey police about the incident, Suessman said.

Overman said he has a sprained right wrist from having the right handcuff excessively tightened by Miller during his arrest. Overman noted that his left wrist, which was secured in the handcuffs by a different officer, is not injured. He also has bruising on his right biceps where Miller dug his fingers into his arm during the arrest. Overman said his index finder and thumb are numb, and the numbness extends up into his elbow. Overman said he is wearing a wrist brace, but he will still be able to take photos and do his job.

Jeremy Pawloski covers public safety for The Olympian. He can be reached at 360-754-5465 or jpawloski@theolympian.com.

—–

To see more of The Olympian, or to subscribe to the newspaper, go to http://www.theolympian.com.

Copyright (c) 2008, The Olympian, Olympia, Wash.

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.