Patrol-car video captured a Seattle police officer punching a handcuffed woman in June after she cursed at him and kicked a leg toward him, according to newly disclosed court documents related to a criminal investigation of the officer.
The documents, which provide the most detailed official account of the June 22 incident, show the Washington State Patrol served a search warrant last month for medical and work records to identify any injuries suffered by the officer.
The documents also reveal the State Patrol is investigating the officer, identified as Adley E. Shepherd, for a potential felony-assault charge.
Shepherd, 38, was relieved of duty and placed on paid leave in June after the patrol-car video raised questions over his use of force on the woman he had arrested during a domestic-violence call in South Seattle.
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According to the court records, video from a rear-facing camera shows the woman, Miyekko Durden-Bosley, who appeared intoxicated, repeatedly objecting to the arrest and complaining she had not made any threats.
After being placed in the back of the patrol car, Durden-Bosley can be heard on the video saying “(expletive) you bitch,” and “kicks out” at Shepherd, according to the court documents filed this week.
The video does not clearly show whether the kick struck Shepherd, although he can be heard saying, “She kicked me,” according to the documents.
Shepherd responded by punching Durden-Bosley once with his right fist, causing fractures in the area of Durden-Bosley’s right eye, the documents say.
Shepherd and Durden-Bosley were both treated at Harborview Medical Center.
The search warrant was served Aug. 22 on Harborview Medical Center for medical records related to Shepherd’s treatment, as well as on the Seattle Police Department for forms submitted to the state Department of Labor and Industries regarding injuries sustained by Shepherd.
The patrol-car video has not been made public during the investigation, which the Seattle Police Department requested of the State Patrol in June to avoid a conflict of interest.
In approving the search warrant, King County Superior Court Judge Sean O’Donnell found, based on a State Patrol affidavit, there was probable cause to believe Shepherd had committed felony second-degree assault.
But no criminal charge has been filed against Shepherd and the investigation is continuing. The case has yet to be submitted to the King County Prosecuting Attorney’s Office for review, officials said.
After striking Durden-Bosely, Shepherd looked into the camera while rubbing his jaw and indicating his jaw was “jacked” or struck, according to the documents.
While being treated by Fire Department personnel, Shepherd related that he had been kicked in the left side of face and jaw by the heel of Durden-Bosley’s shoe. He also described numbness in his face and reported that he was experiencing shooting pain, according to the documents.
Durden-Bosley was wearing “Doc Martens” boots at the time, the documents say.
Durden-Bosley, 23, could not be reached for comment Friday.
In a June 27 interview with The Seattle Times, Durden-Bosley said Shepherd punched her in the face after she accidentally kicked him while being placed in the back of a patrol car.
Durden-Bosley said she was lying face down and handcuffed when, while trying to adjust her position, her foot moved upward and hit the officer in the chin.
In response, Shepherd pulled her up and punched her in the face, fracturing two bones and leaving her with a swollen black eye, Durden-Bosley said.
“I was in a lot of pain,” said Durden-Bosely, who made no mention in the interview of cursing at Shepherd.
Police had been called at 2:06 a.m. to a residence where a woman had called 911, reporting that she was concerned Durden-Bosley was coming over to fight and argue with her son.
Durden-Bosely said in the interview that she and the father of her young daughter had earlier gotten into an argument at a friend’s house in South Seattle while drinking.
When he drove away to his mother’s home nearby, she said, she walked to the home because she was concerned about his welfare, particularly because he drove away after drinking.
He was sitting in front of the house and officers were there when she arrived, Durden-Bosley said.
Shepherd walked over and said police were investigating a domestic-violence call, Durden-Bosley said. Durden-Bosley said she explained there had been a “verbal argument” at a different location.
Shepherd responded in a “sarcastic and rude” manner without listening to her, Durden-Bosley said.
Shepherd did not ask her if there had been a physical conflict, according to Durden-Bosley.
“He just kept saying: ‘Well we got called for a domestic dispute’ ” and “someone has to go to jail,” Durden-Bosley said.
Shepherd was suspended for 10 days after a 2009 incident in which he and a sergeant released a domestic-violence suspect who returned home and killed his roommate. The sergeant also was disciplined.
Under state law and Seattle Police Department policy, officers are required to arrest and book into jail a person suspected of committing domestic violence.
Durden-Bosely ultimately was held for investigation of assaulting a police officer, spending four days in jail before the case was dismissed.