Use of force report recovered by police; attorney worries of cli - WRCBtv.com | Chattanooga News, Weather & Sports

Use of force report recovered by police; attorney worries of clients' permanent injuries

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RED BANK, TN (WRCB) - The Red Bank Police Department has located missing arrest documents that involve the officer at the center of a TBI investigation.

Two men, Candido Medina-Resendiz and Anthony Lopez, claim the officer used excessive force during their arrests in April and August, respectively. The report detailing Kaylor's use of force on Lopez was missing, but recovered by RBPD  late last week.

"They weren't trying to cover anything up, there's no conspiracy, there's no intent to not provide that information," said Red Bank Police Chief Tim Christol of Lopez's Response to Resistance Report.

"There was a systemic or human failure at some point between the time the report was turned in and the time we went to look for that report to produce it," Christol said.

"In Mr. Medina's case, there was an immediate accounting for where that use of force report was. But in Mr. Lopez's case, there wasn't," said Nashville attorney Andrew Free, who represents both men.

The report notes Lopez resisted arrest after a car chase in August. Kaylor wrote Lopez "brushed his head against the pavement slightly." In his booking photo, the top half of Lopez's head is fully bandaged.

Four months earlier, Medina-Resendiz was tased during a DUI stop. The report states he kicked police officers and tried biting Kaylor, so the officer "struck him in the face to stop him from biting." Medina has several cuts and a swollen eye in his booking photo.

"Oddly enough, Mr. Lopez and Mr. Medina were jailed together in the Hamilton County Jail," said Free, "and in recounting how they came to have their injuries, that's when they realized, 'Oh my goodness, this is the same person'."

Free said Medina could have permanent double vision. Lopez is still recovering from his head injury.

"Mr. Lopez is suffering from what seems to be symptoms consistent with a traumatic brain injury," he said.

Kaylor is currently on two weeks of personal leave. In the meantime, Christol is working on ways to improve the report filing process so the same clerical error won't happen again.

"The process itself requires paper going from Point A to Point B to Point C," Christol said.

In late August, an internal affairs investigation concluded Kaylor did not use excessive force during Medina's arrest. Free said he's still looking into both of his clients' claims, but a federal lawsuit has not been filed yet.
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