LOUISVILLE, Ky. (WDRB) — Crisincio Franks braced before his e-bike crashed into the passenger side of a red Ford Explorer last August. He'd just run a red light at the intersection of Lexington Road and Bauer Avenue.
Hours later, he knew he'd be dealing with a busted lip and missing tooth from the impact of the crash. What he didn't know is that he'd end up in jail.
Following the crash, Louisville Metro Police Officer Paul Fenwick responded to take a collision report. Body camera video obtained by WDRB shows Fenwick ask for Franks' name. He repeatedly declined.
"I need to get your info for the report," Fenwick told him. "That's it."
"I mean, I understand what you're saying, but ...," Franks responded before Fenwick cut him off.
"Well, if you understand, then what's the problem?" Fenwick asked.
"What I'm saying is I'm politely declining," Franks replied.
Shortly after the exchange, body camera footage shows Fenwick return to his cruiser to call his supervisors. Much of those conversations were redacted, but, after asking a sergeant "How far can I take this?" Fenwick said "He's either going to give me his info or he's going to jail."
When another officer arrived to the scene, they approached Franks where he was waiting at The Fishery restaurant.
"If you refuse to give me your information, I am going to arrest you on various charges that I'm not even mentioning right now," Fenwick told Franks.
Moments later, he was in cuffs. He was jailed on charges of criminal mischief, no operator license, failure to maintain required insurance and no registration plates. He spent two nights in jail in downtown Louisville before being released and required to wear an ankle monitor for another week and a half.
Franks' attorney, Robert Thompson, was able to get the charges dismissed. Kentucky doesn't require a license for an e-bike operator, and, unlike motor vehicles, these bicycles aren't required to be registered or insured under state law.
"The officer spoke with a sergeant because he didn't know what to charge Mr. Franks with, and they were just wrong," Thompson said. "I mean, they were just wrong from the beginning because the the statutes they charge him with just don't apply."
While Kentucky law requires drivers of motor vehicles to display a valid driver's license, vehicle registration information and proof of insurance when requested by law enforcement during a traffic stop, Thompson argued in a new federal lawsuit against LMPD that Franks wasn't operating a motor vehicle and that the encounter wasn't a traffic stop.
He said Franks was well within his rights to refuse to give his information.
"You may be required to provide that information to the other driver but definitely not to the officer," Thompson said. "Generally speaking, Kentucky is not one of those states that have this mandatory disclosure of name and ID."
The federal lawsuit is seeking damages and names LMPD, Fenwick and several other sergeants only identified by last name.
"Practically speaking, it's probably better to give your information if an officer is asking for it," Thompson said. "But constitutionally speaking, you don't have to give that information, and I believe that's what Mr. Franks was doing."
LMPD doesn't comment on pending litigation.
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