Traverse City Record-Eagle

Region

July 13, 2012

Police arrest brothers; officers’ conduct questioned

TRAVERSE CITY — Authorities’ arrest of two Garfield Township brothers was necessary to stem a dangerous, potentially riotous situation, or a prime example of overzealous, heavy-handed police work.

It all depends on who you ask.

Traverse City police arrested Kyle Krawczyk, 21, and Derek Krawczyk, 22, during a Wednesday evening incident witnessed by a large crowd gathered on the north Union Street bridge over the Boardman River.

Police contend Derek Krawczyk took a swing at an officer who led Kyle Krawczyk away in handcuffs after Kyle was vulgar and tried to start a riot.

Family members and some who witnessed the incident said police had no right to arrest Kyle Krawczyk. They also blame officers for escalating the situation by piling on him and using a Taser during the arrest.

“The way I see this, they took this way too far,” said Lucas Krawczyk, whose brothers were arrested. “They abused their power.”

Traverse City Police Capt. Steve Morgan said officers had a duty to get Kyle Krawczyk under control and away from the area as quickly as possible. His officers behaved appropriately, he said.

“The suspect was trying to get the crowd riled up,” he said. “There was a large crowd gathered and they were engaged in what was going on. It was a very dangerous situation.”

The incident began when Kyle Krawczyk arrived at the bridge and began to sell compact discs. Several police officers approached him not long after 7 p.m. after they said they heard him using vulgar language. Morgan, who wasn’t present, said Kyle Krawczyk was “argumentative and defiant” when officers told him to stop making a scene.

A large crowd surrounded the officers, and they were concerned about potential escalation, Morgan said. Witnesses videotaped the incident and several videos circulated on the Internet on Thursday. Chants of “police brutality” and other remarks can be heard from those gathered at the scene.

“Our officers asked, requested, numerous times that this individual cease his behavior. He continued to be loud, vulgar and engage the crowd, and that made this situation extremely dangerous,” Morgan said.

Several officers moved to arrest Kyle Krawczyk and pinned him to the ground. They also used a Taser in the process. Lucas Krawczyk said his brother didn’t appear to resist arrest, so the Taser and use of force wasn’t necessary. Morgan said Kyle Krawczyk resisted.

As officers led Kyle away, Derek Krawczyk approached and questioned why they were arresting his brother, Lucas said. Morgan contends Derek tried to punch an officer, while the Krawczyk family and at least a few onlookers said he never threw a punch.

“I never saw a closed fist,” said Kristian Burton, who captured a video of the incident.

Morgan said several witnesses saw the act. Either way, officers tackled Derek and arrested him.

Grand Traverse Prosecutor Al Schneider on Thursday charged both Krawczyks with misdemeanor counts of attempted resisting, assaulting or obstructing an officer and disturbing the peace. Both remained in jail late Thursday.

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