Officer in off-duty fight in Ballard to avoid suspension

The Seattle Police Officer who was involved in an off-duty fight in Ballard can avoid a 10-day suspension for using excessive force, as long as he stays out of trouble, according to our news partners, The Seattle Times. Officer Garth Haynes was involved in an altercation in December 2010 in which he kicked a man in the head while the man was handcuffed and face down on the sidewalk. He was found not guilty for the incident earlier this year.

Dashboard video from a police car shows what appears to be Haynes stomping on the head of a hand-cuffed suspect, and two officers who watched the video testified that he did not use appropriate force. Haynes’ attorney said his client was assaulted after identifying himself as a police officer, and he added that the attack was racially-motivated because the officer, who is African American, was called a derogatory word during the fight.

The Times reports that Haynes was referred for retraining on the department’s policies for professionalism and off-duty behavior. Police Chief John Diaz agreed with the Office of Professional Accountability that Haynes had used excessive force, and imposed a 10-day suspension without pay, “but held the punishment providing Haynes stay out of similar trouble for the next two years,” says the Times.