Kenosha hit-and-run, Applebee's arrest, 'use of force review'

KENOSHA, Wis. - Kenosha police officers' use of force is under review after an arrest at Applebee's was caught on camera. Police looking for those involved in a hit-and-run crash got the wrong guy, and videos of what happened are stirring controversy.

The sight on July 20 was enough for Applebee’s employees to get out their phones and record as officers brought a customer to the ground as he was still holding his baby. 

"They eventually tackled him into a wall, and the baby hit his head," said Jennifer Harris, former Applebee's manager who was on duty during the arrest.

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Harris said she comforted the baby for about a half hour after he breathed in pepper spray, which she said officers told her was deployed by mistake.

"It was just sad," said Harris. "I just felt bad for the baby."

"I’m the one who was screaming, ‘Get the baby’ over and over because they were just being so violent with the child in his hands," said Alcira Rodriguez, Applebee's employee.

Employee Hal Klibowitz said he took video of the arrest.

"We have a 1-year-old as well, so it’s…" said Klibowitz. 

"Really traumatizing," said Rodriguez. "We really haven’t gotten over it."

Police said this all started with a hit-and-run crash at Highway 50 and Green Bay Road, and officers followed tips to the Applebee’s less than half a mile away, searching for those responsible, but they got the wrong people.

Kenosha police said officers were searching for two Black males and one Black female, and an Applebee’s employee identified the man and the woman with him as suspicious.

Police say the man tried to leave against officers’ orders and resisted when they were restraining him.

This video appears to show an officer hitting the man in the head.

"They definitely were still hitting him even though they had him restrained," said Harris. 

Police said the man was charged with disorderly conduct and resisting and obstructing an officer. The woman he was with was arrested on the same charges, along with possession of marijuana.

Meanwhile, the people police say are responsible for the hit-and-run were later found in the Applebee’s bathroom.

"The only people that should be getting charges are those officers that’s it," said Tanya McLean, Leaders of Kenosha executive director.

Protestors held a press conference Wednesday, calling for transparency from police and the district attorney to drop charges.

"I think everything caught him off guard, and since he wasn’t doing anything wrong, he was like, ‘Whoa, hang on. I’m just eating with my family,'" said Harris.

Harris said Applebee’s fired her after videos got out, but she said she’s happy people can see what happened.

"I just really hope he gets some justice," said Harris.

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Kenosha police said they're reviewing their officers’ use of force; an investigation that started right after this happened, adding that their review process is more robust than what's required by law. Protestors say Pleasant Prairie police officers were involved in this, as well. Pleasant Prairie police weren't able to get back to FOX6 by Wednesday night, when this story aired and was first posted, but Chief David Smetana issued the following statement Thursday:

"Our review of the incident revealed the following: Pleasant Prairie PD was asked to assist the Kenosha Police Department on the crash scene and subsequent search for the parties who fled the scene.  Three of our officers responded to the area, one was searching the area for the parties that fled, another officer was assisting at the crash scene and a third officer responded to Applebee’s along with Kenosha Police units after a call had been received from the restaurant about suspicious parties at that location. 

"That officer at Applebee’s subsequently assisted with securing the infant from the man who was resisting officers attempts to place him into custody and then assisted in handcuffing the man. The officer who had been checking the area arrived back at Applebee’s after the arrest but didn’t take any action during the man’s arrest.

"At this point, we will not be doing any interviews related to this incident."

FOX6 also reached out to Applebee's, asking about why Harris was fired but did not hear back by Wednesday's deadline. Cas Banaszek, vice president of operations at the Applebee's, issued the following statement Thursday:

"The safety and well-being of our guests and team members is a top priority. We are committed to cooperating with the local authorities in their investigation and any additional questions can be directed to the Kenosha Police Department."