(File Photo by Kevin Mathewson, Kenosha County Eye)
*Editor’s Note – KCE doesn’t usually post minor children’s names or photos, but in this case, Boyd brought her son on at least six TV stations and told reporters his name.*
A woman who was arrested by Kenosha Police and charged by Kenosha District Attorney Michael Graveley (D) for three misdemeanors, has file a lawsuit in federal court. Shanya C. Boyd, 23, of Zion, IL, filed suit on behalf of her and her son, then-one-year-old Taquarius, against, among other defendants, The Kenosha Police Department and the Pleasant Prairie Police Department.
Along with Boyd’s boyfriend Jermelle English, the trio was recorded in a now-viral video that showed police attempting to take English into custody on July 20, 2023, while he seemingly used his son Taquarius as a human shield. Eventually, Taquarius had to be ripped from his hands and English was taken to the ground. A Kenosha Police officer was seen punching the man in the head several times, to the point that Mr. Englished urinated on himself. This incident followed a major car accident at the corner of Green Bay Rd and Highway 50. Witnesses reported a man, woman, and small child fleeing the area, making it a hit-and-run. Kenosha and Pleasant Prairie Police officers entered the nearby Applebee’s after being summoned to the restaurant by staff, and found a man, woman, and child that matched the description sitting at a table. The video picks up several minutes after the initial conversation between police and the family:
Boyd and English were not the offenders in the hit and run – the actual offenders were hiding in the bathroom and were later arrested. On August 23, 2024, during a press conference in front of Applebee’s, Attorney O’Connor made several false statements that he omitted from the lawsuit, seemingly because he now knows the statements were false.
(File Photo by Kevin Mathewson, Kenosha County Eye)
First, O’Connor falsely stated that Taquarius was pepper-sprayed. In fact, only Boyd was pepper-sprayed because she seemingly battered a Kenosha Police Officer. Second, O’Connor falsely claimed that the Kenosha Police Officers had their body-worn cameras turned off. Kenosha Police Chief Pat Patton had previously told KCE that “all body-worn camera footage from all on-scene KPD Officers was recovered.”
O’Connor also stated that Taquarius, who was smiling and playful at the press conference, despite the extreme heat, will have lifelong respiratory and cardiac issues. According to Medical News Today and the Medical Library of Medicine, people report scratches to the eyeball, or corneal abrasions, in about 10% of cases of OC spray. Such scratches are temporary and may result from a person rubbing their eyes. While painful, the symptoms are self-limiting in most cases. They tend to resolve on their own within 30 minutes and usually do not require medical treatment.
KCE asked Attorney O’Connor what he recommends that his clients do when they are being temporarily detained by law enforcement. “Should they resist arrest like your clients?” He became irked by the question and insisted that his clients didn’t resist arrest, “they were only eating dinner.” He then said that in some states, one cannot be convicted of resisting if there is not an underlying crime. Wisconsin is not one such state.
(Kenosha County Sheriff’s Department)
The very next day after the incident Kenosha DA Mike Graveley charged both English and Boyd with misdemeanors. Both were charged with Resisting An Officer and Disorderly Conduct. Boyd was also charged with Possession of THC (Marijuana) as she was found to have a baggie of a green leafy substance that later tested positive for the presence of marijuana and weighed 3.08 grams inside her purse.
(facebook.com)
KCE spoke to Graveley who told us that he would be continuing the prosecution despite pressure from BLM-like groups. About five months, later, though, Graveley dismissed the cases against Boyd and English. English’s attorney asked Kenosha County Circuit Court Judge Dougvillo for an unprecedented favor. He asked the judge to scrub his arrest off of the state Court’s website.
Dougvillo, uncharacteristically approved this and sealed the court record. State law mandates that even dismissed cases stay on the court website for two years. KCE doesn’t seal court records. Here it is:
KCE has spoken to many law enforcement officers who are fearful of the precedent that this dismissal creates. “If people think the police are wrong about something, they might now believe that they have carte blanche to resist arrest. They do not. When [police] have reasonable suspicion that someone committed a crime, we can detain someone temporarily and you should comply. The time to argue is not on the scene. If our investigation show you aren’t the person we’re looking for, we’ll kick you loose,” said one Kenosha area law enforcement officer. Wisconsin used to allow the resisting of an unlawful arrest, but made a change in 2003.
After an exhaustive review, KPD identified violations of Kenosha Police Department policy committed by both Officer Luke Courtier and Officer Michael Vences. Officer Vences received a four-day suspension as it was determined that the initial force used by Officer Vences was reasonable but that he should have re-evaluated the effectiveness of those strikes and considered other options to overcome Mr. English’s resistance. He also failed to complete a report that met the standards of the Kenosha Police Department. Kenosha Police Chief Pat Patton released his findings and released all of the body camera footage.
Officer Courtier received a ten-day suspension. The investigation found that Officer Courtier failed to decontaminate Ms. Boyd after utilizing pepper spray and did not meet the standards of the Kenosha Police Department in regard to professional communication, the safe operation of department vehicles and report writing.
The Kenosha Police Department previously said in a statement that it is “committed to providing the highest quality service to its citizens and guests. KPD says it strives to train our officers to the highest standard and will hold them accountable if they fall short of those standards. In addition to the suspension time, both officers are receiving supplemental training to correct the deficiencies that were identified in their response to this situation.”
Lawsuit
Listed in the lawsuit are defendants are:
CITY OF KENOSHA, POLICE CHIEF PATRICK PATTON, OFFICER MICHAEL VENCES, OFFICER LUKE COURTIER, APPLEBEE’S RESTAURANTS LLC, DINE BRANDS GLOBAL, INC., YANBAS, LLC, SGT. MICHAEL LODYGOWSKI, OFFICER JAMES KARAWAY, VILLAGE OF PLEASANT PRAIRIE, and POLICE CHIEF DAVID
SMETANA.
“This action is brought against the Defendants pursuant to Section 1981 of the Civil Rights Act of 1866 and Section 1983 of the Ku Klux Klan Act of 1871, 42 U.S.C. §§ 1981, 1983, as amended,” writes O’Connor. The lawsuit states that the trio were in the restaurant for approximately an hour, but police have determined that it was closer to 40 minutes.
O’Connor seems to blame Applebees more than police, by writing, “Officer Ryan Quilling from the Pleasant Prairie Police Department arrived at the Applebee’s first and saw that Ms. Boyd, Mr. English, and T.T. had finished drinks on their table, and correctly concluded they were not the suspects who had fled the hit-and-run car crash. Officer Quilling then left the Applebee’s. On information and belief, shortly thereafter, a person with managerial authority at the Applebee’s then called police to falsely report that Ms. Boyd, Mr. English, and [Taquarius] were the occupants of the hit-and-run vehicle. In response to the call made by the person with managerial authority at the Applebee’s to the police, Defendant Kenosha Police Department officers Michael Vences, Luke Courtier, and other officers, stormed the Applebee’s with other officers looking for the suspects who fled the scene of the hit-and-run car crash. Upon the officers’ arrival, one of the people with managerial authority at the Applebee’s falsely told one or both of Officers Vences and/or Courtier and/or other officers that Ms. Boyd, Mr. English, and [Taquarius] were acting suspiciously because they originally ordered food to dine in but then asked to take their food to go.”
The 11-count lawsuit doesn’t request any specific dollar amount. Jermelle English is not listed as a plaintiff. You can read the lawsuit below:
69 Responses
Well deserved.
Ya, big mama needs crack .
Not commenting on the merits of the lawsuit — the complaint looks like they threw in the kitchen sink — but the only shock I have is how long it took for one to be filed in this day and age.
While the police Screwed Up Big Time, if you watch everything from the beginning, all the guy had to do was point out his car in the parking lot and the police would have figured out they were not who they were looking for.
That said, they were under NO Obligation to identify themselves and it is evident that the police really Fucked Up.
So taking all this time, I’m sure everyone involved has gone over everything with a fine tooth comb to make sure they can explain away how not identifying themselves, which would have stopped everything, is not their fault. Even though they don’t have to.
It really isn’t because in today’s world, identifying oneself to the police for no reason is their constitutional right. But a jury may have a hard time understanding those rights, as plain as they may be, because not everyone understands the constitution. It’s one of the many failures of our educational system.
And that people, is the whole enchilada
“not” identifying oneself to the police for no reason is their constitutional right.
Some will argue that during a “police investigation” people are obligated to “help with the investigation” due to their proximity to the incident.
And in this case the police will make that argument.
It’s a fine line between proving you’re innocent and helping the police investigate that it’s not you.
A Very Fine Line.
968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person’s conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.
The average person doesn’t know these things. And that’s that fine line.
Maybe running every car in the parking lot would have resulted in a list of names the police could have used to “work around” that disagreement on if the person needed to identify themselves.
All Monday morning quarterbacking but, police need to work through the fact that people are going to hold their ground in situations like this.
More Effort on the police to do more of their jobs when “investigating” the otherwise ill-informed public.
Reasonably suspects. There was no reason to reasonably suspect them. A fellow officer said it isn’t them… but they took the word of a store employee?
C’mon. Don’t be obtuse.
So if they would have said that’s our car and used the key fob that would have ended it? Wrong, next comes we need insurance, registration, id etc. Then when they open the door to provide the information an officer almost falls over from the overpowering smell of weed. Next comes k 9 to fumble around and f#@k everything up. Those folks of color never stood a chance.
You are so full of shit, they can’t ask you any of those questions if you are outside of your vehicle and didn’t witness you driving. Your ignorance is astounding.
Your as stupid as the day is long. The guilty group was how far away? Grow up!
Scary! Can happen to any of us by just being in the wrong place at the wrong time! 😒
A lot of us would just cut the shit and say who we are to just allow the cops to move on. But NO, everyone’s got a damn chip on their shoulder (or hidden drugs on them) and won’t.
Sure, if, “any of us” is as dumb as a box of rocks, and refuses to answer a few simple requests instead of going into Idawanna Mode.
Free loaders looking for a free ride and scum lawyers milking everyone
BINGO 222-2222
Cah ching
I hope they get them for everything they got so that the police can learn to use their heads before their asses.
All are dirt bags
Hi
The story indicates Gravelely is a Democrat, but does anyone know the political affiliation of Judge Dougvillo? Just curious.
Sometimes people who do no research but have these big opinions make me giggle. Michael gravely is an elected Democrat. When he ran for office there was a (D) in front of his name. When circuit court judge Gerad Dougvillo ran for office, there was not a D or an r in front of his name because the position of judge is non-partisan. I don’t know if he’s a liberal or a conservative. You would have to ask him. Do you have any other stupid questions?
Bring back Civics classes in high schools.
Hey, Kevin…
You’re the only person who has ever put a letter by my name. Why don’t I get the same consideration as Judge Dougvillo? I ran in a partisan race without declaring a party — because I’m independent.
I admire you very much and I respect you very much. That being said, when you got on the county board you voted for the Democrat for chair. You are supporting Carly McNeill, a Democrat. I don’t listen to what people tell me they are l. – in this case you are telling me you are an independent. I listen to what people do. Everything you do screams that you are a Democrat. I think you are a reasonable Democrat, but a Democrat nonetheless no matter what you say you are. When is the last time you voted for a Republican president?
Thanks for the reply, Kevin. Your reasoning makes sense, but you fail to look at the bigger picture. Anyway, that answer would surprise you, but I’m not going to make it public. I’m pretty sure the Democrats don’t believe I’m a Democrat and would appreciate your not calling me one. In fact, they didn’t endorse me. They recommended me because the only other candidate was Republican.
She’s a Democrat.
Shut the fuck up Guida, you’re a piece of shit and an idiot when it comes to substance abuse
Brother. 🤦🏼♀️
Did you just assume my gender?
I watched the body cam footage, if they would have cooperated things may have gone differently, the mistaken identity could have quickly been resolved. But nope, let’s disobey lawful orders, get slammed to the ground and now sue.
on if it is a lawful order.
It’s as simple as that. Police lie. That’s a fact.
People are afraid of anything in their background might come up. Or just think Fuck the Police !
I didn’t do anything wrong. I’m out to dinner !
So it’s on the police to be the figure-outers.
To keep the peace. Slow things down. Nobody was going anywhere.
Except, he was… going somewhere. That’s what escalated this. Him walking away. How were they supposed to slow things down when dude is forcing their hand by actively leaving after being told to stay put while the “figure-outers” did the figuring out? lmao. He was told he was detained. He ignored that because of the lack of values he has and his entitlement, and got sat down for a 101 class on criminal law.
Next time you get stopped, refuse to identify yourself, say “nu uh it’s your job” then start leaving. Let me know how that goes. Along with whatever frivolous lawsuit you file like these pillars of decency did.
Do as you are told by the cops no matter what. comply or die, right?
Who you voting for this year? LOL oh, by your comments I can already tell you are a convicted felon and unable to vote, another parasite
I can vote, I assure you. never lost the ability, either.
Back the blue…until it happens to you! BTW felons in Wisconsin are allowed to vote so long as not incarcerated or on probation.
Dude pointed to his car after he got his ass whooped anyway
Police do lie, there are many shit officers just like there are many shit doctors, car mechanics, attorneys and so on. BUT as a society we must respect that badge, if we don’t things like this happen. Same shit with Jacob Blake, let’s disobey the officers, walk away and head to the car and then cry wolf when you get shot.
They had more than reasonable suspicion to detain Blake. Here, in this instance? Well… not at all, if they actually did their jobs and, you know, investigated AND took their cop friend’s advice (the Pleasant Prairie officer) about the shirt color on the woman and the drinks having been finished.
Exactly !!
Observe and investigate.
Cops are lazy when they think what they’re thinking is correct.
They assume before they think things through
if police used their almost infinite powers to just… I don’t know… investigate, instead of assuming? well, this would not have happened. a fellow officer even told them that this couple were not the people in question, due to their drinks being finished and the mismatch of the suspects clothing (vs the abused couple not wearing the same outfit).
If i’m out to dinner, and a cop starts asking me questions out of nowhere about something i have no clue about and starts trying to manhandle me, you’d best believe i am not answering questions and i’m not cooperating. I’ve been given no legal reason to, and police cannot simply grab citizens for no reason and do whatever they want. Police need an articulable reasonable suspicion to ask for you to produce ID OR certainly to detain you, yes? They never articulated ANYTHING, so why were the aggrieved parties under ANY obligation to reply or comply? Just because they were cops?
I know the law says that even an illegal arrest needs to be allowed to be carried out – there is no such thing as a defense to ‘resisting arrest’ in WI – but that just means that cops can do what they want and you get to go to jail for speaking up in your defense on the scene. Laws that allow police to do as they wish are at the heart of distrust in the police by the community.
That is NOT how it works at all. Go get your money, guys. Shame on the police.
Well then you are a piece of shit, I will always cooperate with law enforcement regardless of the situation. But I don’t break the law and a squeaky clean record.
How does boot leather taste, worm?
And that’s why crimes never get solved, bc people don’t like to cooperate but they wanna cry and bitch that the police don’t do their job
Its all about the drama!!! Some folk thrive on it.
Thank you!!! Just simply cooperate with the police and you won’t get hit or arrested or pee yourself! This whole thing could have been easily resolved but these individuals brought this upon themselves!
no. They were not the suspects. The cops were even told by one of their own. This was a rush to judgement based on skin color (only black couple there) and bad policing.
Heeeerrreeee we go with the race game…
https://youtu.be/Jr9U52xR7rU?si=mXAuf45TyNROBgmS
When some people refuse to give their name, I’m
pretty sure that it’s because they don’t want to
have a background check run on themselves.
NOT because they are experts in constitutional rights.
BINGO, if they cared about rights they wouldn’t be criminals to others.
who were they criminals to?
… so we don’t get to use our constitutional rights regardless of WHY we choose to use them? explain that, please.
Being a belligerent asshole is different than saying no thank you.
Everything that could go wrong went wrong and now all that remains is how much will this cost to settle.
Should make for a good day long training session for cops.
Unfortunately, the Qualified Immunity Principle will protect these incompetent officers as it has since 1967.
A couple of states have advanced bill to abolish qualified immunity.
In Wisconsin, since liberal Democrats talk much of protecting minorities from legal peril it’s amazing some long time Dems Josh Kaul have never sponsored legislation abolishing it.
Scumbag lawyer representing cockroaches. Nothing new here.
Hopefully KCE can do an article on the last couple of years of who KPD has hired, fired, and “asked to resign” to avoid criminal charges. Police departments hire good employees, and they hire bad employees, because there is a human factor involved.
BLDM
Too bad they couldn’t just cooperate with the police and all this could’ve been avoided.
Go back to Zion you piece of shit parasites
Wasn’t this at 10 or 10:30 at night? Why are people from IL in Wisconsin eating that late with a toddler?
Ummm let me think, cause they have no jobs and live off the government and survive from us that actually get up every morning and go to work and pay taxes. Cockroaches they are and I can guarantee there will be no settlement money paid
Rule #1: Don’t be a sick.
Dick
Is that the case of the brave officer punching a citizen in the head eight times? I wonder how he wasn’t terminated and how his fellow officers trust a petty man hiding behind a badge. All officers involved in this case should have a big red flag in their files. We taxpayers will have to pay for their lack of professionalism. They’re not even capable of following a suspect. Bad, bad, bad. It will cost us a fortune.