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Kzoo family relieved after son acquitted of charges against officer in throat-grab incident

Posted at 9:36 PM, Aug 24, 2017
and last updated 2017-08-24 22:49:18-04

KALAMAZOO, Mich. — Before Diante Churchwell could walk out of the courtroom Thursday his mother stopped him at the door. She was still sitting in her seat when she grabbed him, hugged him and sobbed in his arms.

“I’m so glad it’s over with,” said Evelyn Churchwell during an interview at the Kalamazoo County Courthouse. “Since it happened I haven’t been able to sleep right, been tossing and turning, worried about both of my boys.”

Her son Diante was found not guilty of resisting and obstructing an officer for his confrontation with Kalamazoo Public Safety Sgt. Derrick Turner. Sgt. Turner testified that Diante, 20, approached him with clenched fists and a puffed chest. He said he thought Diante was preparing for a fight. The prosecution asked him what happened next.

“I grabbed for his neck,” said Sgt. Turner who then asked if it was an unconscious or conscious decision. “Unconsciously. It was not to inflict harm. I just wanted him to stop.”

A video released earlier this month showed Diante shouting at officers before being grabbed by the throat. Sgt. Turner received a written reprimand for the July 10 incident on Hawley Street.

Warning: Video contains explicit language

In a previous interview, the Churchwell family said Diante rushed to the scene because he saw his brother 17-year-old Antonio in custody and he wanted to know what happened. Diante was then arrested and later charged with resisting and obstructing an officer. Diante’s defense attorney Robert Wise asked Sgt. Turner what led up to the incident during his cross examination.

“I told him again ‘goodbye’ twice implying that he could leave,” said Sgt. Turner.

Wise asked him if he used any racial slurs, like the ’N-word’ toward Diante. Sgt. Turner said “no sir.” Diante, sitting next to Wise, shook his head.

Sgt. Turner was the third officer to testify about what happened that day.  Sgt. Lasso took the stand first who said he told Diante that day to stand back, which he did near a patrol unit. Then officer Emily Kane testified about not seeing the throat-grab but hearing people from the crowd say “he’s chocking him.” After Diante was arrested, he was placed in her cruiser and was vulgar toward her.

“This whole situation was very avoidable,” said Judge Richard A. Santoni from the bench, delivering his closing remarks. “I want to preface my remarks with being a police officer is not an easy job.”

Judge Santoni went on to say that the body-camera video he watched in court of what happened initially had no audio. But he noted that there was an exchange of words between Diante and Sgt. Turner that no one seemed to remember. He added that Sgt. Turner using the words ‘good-bye’ was not appropriate and was “sarcastic.”

“When I have commands that are less than instructive, there is clearly something else going on here that I was not made privy to today in terms of the lack of videos,” said Judge Santoni. “I can determine that the lack of evidence is a reason to find reasonable doubt. There is definitely something else going on here due to the way I see people react and move.”

Judge Santoni ended his remarks stating that Diante was “not guilty” of resisting and obstructing an officer largely because Sgt. Turner’s directive was unclear. He mentioned also a technicality the prosecution made of not having their witnesses directly identify Diante as the suspect during trial. Nonetheless, once the verdict was stated Diante jumped up and headed for the door.

“Just happy, I’m done with everything” said Diante standing next to his parents after the verdict was delivered. “I feel good. It just feels great knowing that I’m not guilty. You know, it feels wonderful.”

NAACP president Dr. Strick Strickland was also present for the interview and trial. Diante said he remembers what happened that day well, when he saw his brother in custody.  Sgt. Turner was angry, he said, and that he used a racial slur toward him.

“He called me out my name,” said Diante. “After that it just, I escalated. As soon as he said  ‘You can leave the n-word.' You know, I just erupted.”

Diante’s father Timeeko said that Diante knew he was innocent the entire time. Diante was offered to take a plea deal a number of times but he declined.

“I’m not mad,” said Evelyn. “I’m just disappointed with the police department, how they went about the whole thing. I’m glad right now. If I can stop crying that would be even better.”