The police officer who punched a Tesco burglary suspect in the face and “leg swept” another to the ground and is now being investigated by a disciplinary panel claims he acted in self-defense.
Just before 11.30 a.m. on June 6, 2019, PC Henry Green and a colleague were alerted to reports of two men and a woman suspected of breaking into the Tesco Express shop in Newland Avenue, Hull.
PC Green is accused of engaging in gross misconduct by using force that was “not necessary, proportionate, or reasonable in the circumstances” and of violating the Standards of Professional Behaviour.
However, the active Humberside officer said before a court on Monday that the suspects become “aggressive” and argued that his actions inside the former magistrates’ building in Goole, East Yorkshire, were “proportionate and justified.”
A male suspect was handcuffed right away upon arriving at the business, according to Ian Mullarkey, who is a representative for Humberside Police, and was entirely cooperative. After then, a female suspect was also restrained, according to MEN Media.
The court was informed that PC Green raced around the store in an effort to catch a third suspect. He took the male and female suspects by the arms when he came back, but the female suspect complained.
Mr Mullarkey said: ‘As a result of that, and there being no other threat offered, the officer [PC Green] uses unnecessary and disproportionate force and deploys a leg sweep to take [the female suspect] to the floor while she was in handcuffs and therefore unable to break her fall. He fails to adequately support or control her fall to minimise the risk of serious injury.
‘It is apparent that as [the female suspect] strikes the hard floor of the supermarket she is not supported by the officer in any way,’ Mr Mullarkey added. ‘The officer then says ‘you can stay there, sweetheart’, which gives an insight into the officer’s motivation. The officer was not afraid for his safety, but was agitated, excited and confrontational.
‘The officer then turns towards [the male suspect] and takes hold of him with both hands and [the male suspect] says, ‘I aren’t doing anything’. The officer raises the handcuffs he has in his right hand and uses them as a weapon to strike [the male suspect] to the head.’
Neither suspect had offered any resistance, Mr Mullarkey told the hearing. He said this was backed up by staff in the Tesco store.
Mr Mullarkey added: ‘A customer assistant at Tesco observed the officer punch out at [the male suspect] (though she did not see whether the blow landed) and stated: ‘I had not seen male one attempting to attack the officer or being aggressive prior to the punch being thrown.’
‘[The male suspect] was then also forced to the floor and the officer says, ‘Show me any more resistance and I’ll punch you in the face again you little p****.’
Derek Christmas, a police personal safety trainer, provided a witness statement in which he said PC Green showed ‘little or no concern for the safety and welfare of the [female] suspect when he pushes or leg sweeps her to the floor’.
PC Green’s decision to strike [the male suspect] to the head while holding handcuffs was a disproportionate use of force in the circumstances, Mr Christmas added.
However, in a statement, PC Green insisted his actions were justified. He claimed the suspects became aggressive and he had concerns for his own safety. In his statement, PC Green said: ‘[The female suspect] immediately became aggressive; she turned towards me, started shouting and swearing at me and, at the same time, made a movement towards me.
‘[Her] behaviour had escalated quickly, I was alone with two suspects. I did not know where PC Suddaby [his colleague] was because my earpiece had fallen out. I had previously been assaulted that morning by another person I had arrested, who was also handcuffed when he managed to assault me.
‘I had literally seconds to decide how to deal with the situation and take action; in what was a fluid situation. I therefore decided to take her to the floor, using a leg sweep. In doing so, I thought she would be easier to control. I held on to her until she touched the floor in a bid to minimise the impact.’
PC Green also admitted striking the male suspect, but said his actions were defensive and he had believed the male suspect might assault him. He stated: ‘I went to take hold of him and as I did, he tensed his arm up and moved his arm upwards. I honestly believed that [he] was going to assault me in a bid to escape, despite being handcuffed, due to his arm movements.
‘I therefore delivered a single punch to the face with my right hand. Again, this decision was made in a split second and in a bid to detain him on the floor as quickly as possible.’
During the police misconduct hearing, PC Green emphasised the danger he believed he was facing at the time.
He stated: ‘The force I had used against [the suspects] was necessary in order to bring about their safe detention and to protect myself from harm.
‘The degree of force that I used was proportionate. The necessary and proportionate amount of force used was in the light of my honestly held belief at the time I used it.
‘When it came to dealing with [the male suspect], I honestly believed that he was about to assault me. This led to me striking him pre-emptively.’
Nick Wordsley, PC Green’s attorney, had earlier requested that the case be dismissed since PC Green had already been cleared of all charges in a criminal court, the investigation had violated Home Office guidelines, and it had taken so long to get to this stage.
The panel, however, rejected the claims and announced that the hearing will go on as scheduled. The two burglary suspects are likely to testify at the hearing, which is scheduled to continue tomorrow and end on Wednesday.