Kearney Police defend use of force in Buffalo County Fair arrest

KEARNEY, Neb. — The Kearney Police Department is standing behind its officers’ actions during a controversial arrest at the Buffalo County Fair.
A news release says two officers working an off-duty law enforcement assignment and private security officers noticed a fight around 10:45 Thursday night. According to the release, one man was throwing punches and another man was bleeding from above his eye.
Kearney Police say the officers placed 19-year-old Isaac Whiteface of Kearney, the man accused of throwing punches, in handcuffs and asked him to take a seat. The release says he refused to sit, resisted and pulled away from officers. The officers then physically placed Whiteface on the ground. The release says Whiteface continued to resist and spit in the face of one of the officers. That officer then held Whiteface down by placing a hand on his shoulder and a hand on his face to prevent him from spitting. The officer eventually put both hands on the subject’s face, turning him toward the ground.
A person in the area captured video of the arrest and posted it to social media. The five-second video shows Whiteface handcuffed and laying on his back with two officers near him. It shows one officer push Whiteface’s head down in the manner described in the release. Some commenters were critical of the officer’s use of force.
Chief Bryan Waugh issued a statement addressing the online concerns.
“Since the release of the cell phone video, there have been inaccurate and completely false comments on social media platforms related to this arrest and the lawful response to resistance by a Kearney Police Officer. At no time was a choke hold applied, at no time was the level of force greater than needed to accomplish a lawful objective, at no time did the officer punch the subject. With an open hand, the officer directed the subjects face and mouth toward the ground to avoid and defend himself further spitting,” Waugh said.
The news release says Whiteface didn’t report any injuries and officers didn’t notice any injuries.
“The officers involved acted in a manner consistent with department training, policy and procedure, while deploying the minimum amount of force necessary responding to resistance and active spitting,” Waugh said. “I am thankful the officers involved and the subject were not more seriously injured and appreciate the concern from our community.”
Kearney Police review all police encounters involving force. The release says the incident report went through review at four different levels, including by Waugh. The police officials watched body-camera footage as part of the review.
Whiteface faces five charges including assault on an officer with bodily fluid and third-degree assault.