J-Town chief says officer who struck bystander filming police 'could have done better'

LOUISVILLE, Ky. (WDRB) -- Jeffersontown Police Chief Rick Sanders said an initial investigation shows his department needs additional training and could have better handled an incident where an officer struck, handcuffed and charged a bystander filming what he thought was a traffic stop.

"We could have done better and hopefully will do better in the future," Sanders told reporters during a Friday news conference. 

The news conference followed the conclusion of an investigation into whether a crime was committed against Joe Bennett after he refused to show his identification to officers while he recorded a Facebook Live video of police from a parking lot across from a bank on Nov. 24.  

An internal investigation is still ongoing into the actions of Officer Manuel Cruz, who initiated the confrontation and struck Bennett. Cruz is on paid administrative leave. 

But Sanders said the incident -- which gained national attention after Bennett's video went viral -- was "not a First Amendment issue" and that police mistakenly believed Bennett was involved in a multi-state check cashing scheme they were investigating.  

Sanders said there is a "false narrative" nationally about the incident where "people think we did this simply because Mr. Bennett was filming us, and that's just not the case."

Sanders said "we are here today to set the record straight."

Also, Sanders praised Cruz and other officers for making arrests -- including of one man who had a knife -- and breaking up the check cashing scheme.

"I'll own up for what we didn't do well," he said, "but I'll also take credit for the great job we did in this check cashing scheme."

And while police and Jefferson County prosecutors have dropped resisting arrest and menacing charges against Bennett, Sanders shifted some of the blame onto him. 

While citizens have no legal obligation to show officers identification in this scenario, Sanders told the media "that doesn't make policing real easy.

"Had (Bennett) just given his ID to Officer Cruz, we wouldn't be here today," Sanders said. "... Even though he didn't have to, had he just done what Officer Cruz asked and produced an ID, we wouldn't be here. And I think that's important to discuss as well."

The chief said Cruz could have handled the situation differently, but he also said it's "not that what he did was wrong, he just didn't articulate to Mr. Bennett why he was doing what he was doing."

Looking back, "it's easy to Monday morning quarterback," Cruz's actions, Sanders said. "I wish Manny had said, 'You are a suspect in this ... and I'm going to detain you' and he didn't. I own that. We could have done better."

Sanders doesn't believe that Cruz committed any criminal actions, but he could face internal discipline. And the Jefferson County Attorney's office will make the final decision on whether criminal charges should be filed against Cruz. 

At a minimum, Sanders said Cruz and other officers will get additional de-escalation training. 

Sanders said Cruz also acknowledged he should have handled the situation differently. 

But the chief also praised Cruz repeatedly during the press conference, saying the officer is a 19-year veteran with an "unblemished record" who was in the military and is a "patriot" who has done a "lot of good things for this city and this country."

And Sanders said Cruz had been involved in several stressful incidents in November leading up to the interaction with Bennett, including saving a woman from an oncoming train and dealing with veterans who were suffering from mental issues.

Bennett was driving by the McDonald's off Blankenbaker Parkway in Jeffersontown when he noticed a large police situation.

"Given the current climate that we live in, I was inclined to pull over, to observe as a citizen," Bennett said at the time. "That's what we should do."

Standing across the parking lot, Bennett decided to start a Facebook Live video.

Sanders said police were called to a bank on Bluegrass Parkway because a suspect was inside allegedly trying to cash a fraudulent check.

Sanders said an officer on the scene pointed to Bennett -- who was about 100 feet away from the arrests -- and told Cruz he was also involved, accusing him of dropping off the suspects.

Cruz and Officer Eddie Wescott approached Bennett. Cruz asked for Bennett's ID and said it was because he was "filming a crime scene investigation" and Bennett was "involved."

Bennett refused to show his ID, stating he was simply filming in public.

"I'm not involved with anything," he told police, again declining to show them his identification, according to body cam video make public Friday. 

Cruz then grabbed Bennett, struck him and took him to the ground.

"What have I done wrong?" Bennett asked, according to the video. "I'm not resisting."

The police citation claims Bennett "tensed up and started to pull away" so Cruz "delivered one empty hand strike" to him and took Bennett to the ground.

Sanders said Bennett did not resist arrest and he worked with the Jefferson County Attorney's Office to dismiss the charges. The case was dismissed on Dec. 3, according to court records. 

Attorney Sam Aguiar, who represents Bennett, said they are pleased the charges have been dismissed but there needs to be more accountability for Cruz's actions. 

"There needs to be administrative action demonstrating that officers will be held accountable for attacking a citizen and filing bogus charges of this nature," he said. "Joe handled this matter with decency, patience and integrity. The same cannot be said for Manny Cruz."

Sanders said the FBI is investigating the case as to whether there were any civil rights violations committed by police.

The chief also said Wescott was the backup officer who really didn't know what was going on "other than (Cruz) is wrestling with a suspect."

Bennett's phone camera was facing up and showed Wescott's badge, so people think he is "a rogue cop," Sanders said. In fact, according to the chief, Wescott "mitigated" the situation.

Officers arrested two people from Evansville, Indiana, and a person from Atlanta in connection with the fraudulent check cashing scheme involving various Kentucky banks in several cities," Jeffersontown Mayor Bill Dieruf said in a statement last month.  

Bennett has said some people have implied he should have just cooperated with the officers, but he feels he did nothing wrong.

"Some folks will say, 'Why don't you just show your ID?'" he said. "We have personal rights in this nation. I have personal rights against unfair searches and seizures." 

Bennett said he did not pull over and start filming for attention and never imagined he would be in the position he is now. But he said he wants to use his voice to send a message about what happened. 

"Civil servants need to remember their oath, to protect and to serve," he said. "What happened here is a minor of taste of when that fails to happen. That's not protecting. That's not serving." 

Related Stories: 

• Bystander recording Jeffersontown police situation hit by officer and put in handcuffs; investigation underway

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