No charges will be filed against the officers involved in the August arrest of Eric Hightower that sparked police brutality claims after a YouTube video showed an officer kick Hightower in the chest as he lay on the ground.
On Thursday, the Olmsted County Attorney announced neither Officer Jesse Zilge nor Officer Matthew Gorans will face charges, citing insufficient proof beyond a reasonable doubt that unreasonable force was used.
Zilge moved to make the arrest on Aug. 28 following a report that Hightower had threatened to kill his ex-girlfriend earlier. Just three days prior, another officer had taken a report of criminal damage to property against the same woman, according to a release.
Officials say Zilge was aware of that report and of an incident in June when Hightower was arrested by another St. Paul officer after becoming physically combative. He was charged with obstructing the legal process in that incident.
When Zilge found Hightower, he was walking on a street with two men and Zilge requested help from two other officers. Officials say Zilge believed Hightower saw him approach and began to walk away, so Zilge got out of the squad and told him he was under arrest, ordering him to the ground.
Officials say despite repeated verbal requests, Hightower refused to comply -- and that's when Zilge used a chemical spray on him twice; however, Hightower still did not obey. Zilge removed his TASER and activated it, but officials say he did not deploy it as the voices in the YouTube video claimed.
Eventually, Hightower got onto the ground, but officials say he did not lay on his stomach as was ordered. The video shows Hightower prone on the ground, yelling at Zilge to ask why he was being arrested. The footage shows Hightower begin to cough before Zilge kicked him in the upper chest and placed him in handcuffs.
Zilge requested backup, and multiple squads came to help disperse the crowd as Zilge and a second officer lifted Hightower to his feet. Officials say Hightower then turned his upper body quickly in what appeared to be an attempt to head-butt Zilge.
The two officers can be seen forcing Hightower onto the hood of a nearby squad in response, and a third officer eventually came to help put him inside the squad.
A release issued by the Olmsted County Attorney revealed that officers used mace once more while placing Hightower in the car, spraying him in the face and right-ear while officers tried to get Hightower's feet inside the squad
Throughout the arrest -- which lasted just 6 minutes in all, Hightower can be heard repeatedly asking why he was being detained.
Hightower was treated at a hospital emergency room several times over the next several days for complaints of chest pain and pain in his right ear. Medical personnel suspected he had a punctured ear drum, but officials say the diagnoses were inconsistent and Hightower would not allow full examinations.
Under Minnesota law, officers are authorized to use "reasonable force" when attempting to arrest a person. Officials say since Hightower had made threats to kill, the authorized force went beyond verbal commands and included actions that could result in death or great bodily harm.
The Olmsted County Attorney reviewed the case to avoid a conflict of interest in Ramsey County.
