Attorney: Dunn police officer 'initiated street fight'

Cellphone video of a Dunn police officer punching a man who complained about a traffic backup has sparked outrage on social media and concern among some town officials.

Police were directing traffic around a closed railroad crossing at Granville Street and Ellis Avenue on March 16 when Thomas Eugene Allen got out of his car to complain about the resulting traffic tie-up. Someone in another car started recording the encounter on a cellphone.

After a brief discussion in which an officer, later identified as Trae Gonzales, appears to direct Allen back to his vehicle, Allen pulls out his own phone to start recording. Within seconds, Gonzales was punching Allen, and a second officer, identified as Apelles Hart, ran over and tried to restrain Allen from behind.

Gonzales continued swinging at Allen, put him in a headlock and, at one time, appears to lift Allen off the ground by his neck.

Eventually, a third, unidentified officer arrived and helped put Allen on the ground to handcuff him.

Allen, 57, of Roseboro, was charged with assaulting a law enforcement officer, resisting a public officer and impeding traffic. The charges were later dropped. He also suffered a black eye and scrapes on his head but declined medical treatment.

He's now suing Dunn and its police department, alleging excessive force by Gonzales and Hart, assault, battery, false imprisonment and malicious prosecution.

"Should he have gotten out of the car and approached Officer Gonzales? No," said attorney Chas Post, who represents Allen. "[But] none of that justifies the actions that took place thereafter, where Officer Gonzales initiated a street fight."

Post said the police report of the incident describes Allen as the aggressor. Hart described Allen in the report as "flush red with anger" and said he was "irately waving his hands" and "yelling derogatory remarks."

"It is absolutely unfathomable that Officer Gonzales chose to throw haymaker punches and elbows to the face of a man who was simply taking out his cellphone to record his interaction with law enforcement," he said. "The excessive force is one thing, but then the coverup is just as bad. I mean, they literally fabricated a report. The report is inconsistent with the video."

Dunn Mayor William Elmore called the two-minute video of the incident, which was posted on Facebook, "very concerning."

Dunn Police Chief Clark White said a review of the incident by the department's Professional Standards Section and the local district attorney's office determined there was no excessive force.

"After numerous attempts to de-escalate the situation without success, officers attempted to take Mr. Allen into custody, and he actively resisted their attempts," White said in a statement. "A brief use-of-force encounter occurred, and Mr. Allen continued to resist and attempt to attack officers but was eventually handcuffed and taken into custody."

The Harnett County District Attorney's Office didn't return WRAL News' request for comment.

Post said Gonzales and Hart should be fired.

"What we're looking at here is punishment. We're looking for deterrence. We're looking for accountability," he said. "These officers do not need to be employed with the Dunn Police Department anymore. They fabricated a story that is inconsistent with the truth, and they don't need to have a badge anymore."

City Manager Steven Neuschafer didn't return WRAL's request for comment regarding the officers' employment status.