Black store owner who called 911 to report robbery is punched by cop who mistook him for suspect | Daily Mail Online
Shocking moment black store owner who called 911 to report that he was holding a shoplifter at gunpoint is punched and has his jaw broken by cop 'who mistook him for the suspect'
- Kevin Penn, owner of Star Spirits & Beverages in Decatur, Alabama, reported a robbery at his store on March 15
- He told 911 dispatchers that he was holding a shoplifter at gunpoint
- Surveillance video surfaced over the weekend which showed an unidentified responding officer punching Penn in the face
- Police Chief Nate Allen on Monday said the officer mistook Penn for the suspect
- Penn suffered a broken jaw and had several teeth knocked out in the altercation
- He was also arrested and charged with obstructing a robbery investigation
- Allen said the incident is still under investigation nearly three months later
By
Megan Sheets For Dailymail.com and
Associated Press
Published: 04:25 EDT, 9 June 2020 | Updated: 16:59 EDT, 9 June 2020
Shocking video captured the moment an armed black business owner who called 911 to report a robbery in his store in Alabama was punched in the face by a responding police officer who mistook him for a suspect.
Surveillance footage from the March 15 altercation at Star Spirits & Beverages in Decatur began circulating on social media over the weekend amid protests over police brutality and racism following the death of George Floyd.
The store's owner, 47-year-old Kevin Penn, had told 911 dispatchers that he was holding a shoplifter at gunpoint.
At a press conference on Monday, Decatur Police Chief Nate Allen acknowledged that the responding officer, who has not been named, punched Penn because he thought he was the shoplifter.
Penn suffered a broken jaw, had his teeth knocked out and needed to get his mouth wired shut as a result, according to his lawyer Carl Cole.
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Shocking video shows the moment a black business owner who called 911 to report a robbery in his store in Alabama was punched in the face by a responding police officer on March 15
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Surveillance video shows Kevin Penn, owner of Star Spirits & Beverages, speaking to officers responding to the robbery report. Penn had told 911 dispatchers that he was holding a shoplifter at gunpoint
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Police said one of the officers (seen right) punched Penn after mistaking him for the suspect
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Penn (pictured) suffered a broken jaw, had his teeth knocked out and needed to get his mouth wired shut after the altercation, according to his lawyer Carl Cole
Allen presented body camera footage from the incident at Monday's news conference in an effort to be 'transparent' about the ongoing investigation.
The video shows officers coming into the store and the suspect, later identified to be a person involved in an alleged shoplifting at Penn's store, lying on the ground.
An officer walks past the suspect and tells Penn to put down his weapon. Penn refuses saying: 'I have a right to have my gun.' Allen said that's when Penn moved his hand over a gun lying on a counter next to him.
'We do know there was a gun there, we do know that the magazines were there, we do know that he was reloading the magazine,' Allen told reporters.
Penn's lawyer said his client had showed his gun to the officers to let them know he was armed.
Penn had also removed the clip and ejected the bullets from the weapon, Cole said.
The video shows Penn telling officers he's going to file a complaint as they came close to him.
The body camera footage doesn't clearly show what happens next, but surveillance video from the store shows an officer punching Penn and being joined by two other officers to wrestle him to the ground.
Penn was handcuffed and arrested on a charge of obstructing a robbery investigation, according to court records.
Decatur police Officer J. Rippen wrote in the records that Penn 'refused to obey lawful commands to put down and back away from a firearm while officers were attempting to investigate a robbery'.
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Bodycam shows cops punching black store owner who called 911
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Body camera footage released by the Decatur Police Department shows the moments leading up to when the officer punched Penn (right) in the face
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An officer is heard asking Penn to put down his gun (circled in white) and Penn refusing to do so. Penn's lawyer said he showed the officers his gun so they would know he was armed
Allen declined to name the officer who punched Penn but said he has been placed on desk duty while the department investigates the altercation.
The identity of the shoplifting suspect, who was arrested the same day, was also not released.
Penn filed a complaint with the police department over the altercation but has not been given an update on the status of the investigation, his lawyer said.
The police chief also added Monday he doesn't know when the investigation, which started in March, will conclude.
Asked whether the punch amounted to excessive force, Allen said officers should use the 'least amount of force necessary to get the job done', AL.com reported.
He noted that many cases involving an armed suspect end with police shooting the person, adding: 'I would much rather have a punch than an officer-involved shooting.'
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Officers are seen wrestling Penn to the ground before they arrested him on a charge of obstructing a robbery investigation
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Police ultimately determined that a shoplifting had occurred at the store (pictured) and arrested a suspect, whose name has not been released