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KENOSHA, Wis. - After a Kenosha Applebee's incident this summer, a judge dismissed charges on prosecutors' request against the man and woman arrested.
Shanya Boyd and Jermelle English were wrongly suspected of being involved in a nearby hit-and-run.
"It’s about time. This shouldn’t have gone on this long," said Kevin O'Connor, the attorney representing the pair.
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It happened in July. The two were inside an Applebee's when Kenosha officers came in looking for suspects in a hit-and-run. Police said English tried to leave, but police would not let him. Cellphone video captured officers trying to arrest English as he held a 1-year-old boy.
Police said English resisted when they were restraining him. Boyd, the boy's mother, was pepper sprayed. Both of them were then charged with resisting an officer and disorderly conduct.
Surveillance prior to Kenosha Applebee's arrest (July 2023)
The hit-and-run suspects? They were eventually found in the bathroom.
"Obviously, they’re relieved.," said O'Connor. "They called me immediately and we talked about it. They’re relieved that this isn’t hanging over their head."
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The West Allis Police Department found the two officers' use of force was justified. However, their investigation found both of those officers failed to follow proper protocols and standards before and after the incidents.
Michael Vences was given a four-day suspension. Luke Courtier was given a 10-day suspension. Attorneys for the pair in the misdemeanor cases did not comment Thursday, Dec. 21.
Cellphone video of Kenosha Applebee's arrest (July 2023)
"Now that that’s over, I plan on meeting with the representatives of Applebee’s and meeting with the representatives of the city departments," O'Connor said of possible civil action.
O'Connor said he's hoping for some resolution short of a lawsuit – not just money, but reforms to prevent something like this from happening again.
In November, Kenosha police said the officers involved would receive additional training to "correct the deficiencies that were identified."
Dec. 22, 2023
On Friday, Dec. 22, O'Connor and Shanya Boyd spoke with the media about the next steps in their case.
"Everyone thinks that we should be relieved that they dropped the charges," O'Connor said. "This isn't the police department dropping the charges. This is the DA's office taking a look with independent lawyers who said these charges should have never been brought to begin with. It's the right answer, but it's something that should never have gotten this far.
O'Connor went on to say. "We're now five months down the road where they had these charges hanging over their head; where they have to have lawyers defending them to try and fight just to keep themselves who were attacked by the police from defending themselves for, for really not doing anything wrong other than being Black and eating dinner in Kenosha. That was their crime."
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"This is something that I watch on TV. I never expect this to happen to me," Boyd said. "This is something we we see others go through, not you know, this is not something we expect to happen next door neighbor, a friend, enemy. No one. You would not expect this. I happened upon no one. And after watching the videos, it's just like it's a lot of stuff that I was not aware of because I could not see."