EUCLID - The Fox 8 I-TEAM has learned a man at the center of a violent arrest caught on video is expected in court this morning and will be asking a judge to dismiss his case.
Attorney Christopher McNeal, who represents Richard Hubbard III, said he filed the motion Wednesday and is hoping to discuss it during the arraignment Thursday morning.
Hubbard faces charges of resisting arrest and driving on a suspended license.
Officer Michael Amiott , who arrested Hubbard, has been suspended without pay for 15 days. That's the maximum amount of time the chief could give him. However, the chief also referred the case to the mayor for review. She could add additional punishment, or even fire the officer. No word from her office yet on what she’ll do.
Police said Hubbard resisted, but internal investigators found officer Amiott used too much force. They also found he pulled the car over because of where the driver had stopped at a traffic light. And records show police brass had told patrol officers not to make traffic stops based on that reason.
Amiott was forced to resign from the Mentor Police Department for lying about the reason he made a traffic stop.
Days ago, an angry crowd swarmed Euclid City Hall protesting the violent arrest, as well as the shooting and killing of a man by Euclid Police.
The I-TEAM has found 12 citizen complaints have been filed against Euclid Police this year, and 3 have been "founded" or justified.
Meantime, Cuyahoga County Prosecutor Michael O'Malley's office is taking a hard look at Amiott. O'Malley said, "We have discussed the issues involving this officer with the US Attorney's office, and the investigation is ongoing."
The NAACP wants officer Amiott fired, and the group also wants the feds to review the Euclid Police Department.
The police union is appealing the suspension for officer Amiott and preparing to ask an arbitrator to cut it down or wipe it out. The union believes the 15-day suspension is unfair.