ABOVE: See the cell phone camera footage of the violent incident for yourself
TORONTO – What started as a normal traffic stop ended with a broken window, a Tasering, and renewed questions about excessive use of police force.
A Hammond, Indiana family is planning to sue Hammond police after a routine traffic stop spiraled into a shocking confrontation, during which police broke a car window and Tasered a man while a 14-year-old boy captured the whole thing on his cellphone camera.
The incident occurred this past September, when 47-year-old Lisa Mahone received a call from Stroger Hospital in Chicago that her mother was near death.
Along with her boyfriend Jamal Jones and her two children – 14-year-old Joseph and 7-year-old Janiya – they raced for the hospital when they were pulled over by police.
The officers said they pulled Mahone over because she wasn’t wearing a seatbelt; a charge she admits was true.
Mahone gave the officers her license and insurance information, but things began to escalate when they asked to see Jones’ identification as well.
Jones says he didn’t have identification because his license had recently been taken when he was given a ticket. He says he reached into his bag to get the ticket when the officers drew their weapons.
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At this point, Jones refused to exit the vehicle or even roll down the windows, citing concern for the children’s well-being.
“So once the kids were scared, I wasn’t gonna get out of the car and leave my kids in the car. He was being so aggressive,” Jones told Fox 32 News in Chicago.
However, police claim Jones was being rude and uncooperative when asked to surrender his ID.
“(Jones) refused to lower the window more than a small amount, then told the officer that ‘he was not going to do (the officer’s) job’ and for him to get a piece of paper,” Hammond police said in a statement responding to the lawsuit. “The first officer then called for back-up after asking (Jones) several more times to provide his name.”
The Chicago Tribune reports that Mahone then put the car into gear and began rolling forward, until officers warned her that a “stop strip” had been placed in front of the car.
As Jones continued to argue with the officers, Mahone put in a call to 911 – while her son began recording the incident on his cellphone camera.
“I am scared. And the man pulled a gun out! A gun! Why do my kids have to see that?” Mahone told 911.
Meanwhile, the confrontation between Jones and the officers continued to grow more heated as Jones refused to exit the car or lower his window.
“Ma’am, are you going to open the vehicle?” one officer can be heard saying.
“Why do you say somebody’s not gonna hurt you?” Mahone responds. “People are getting shot by the police.”
Before she can finish, the officers smash in the passenger-side window and Taser Jones, dragging him from the car as Mahone’s daughter screams.
WATCH: Hear the family involved in this incident describe what happened from their perspective
Police officially charged Jones with resisting law enforcement, and refusal to aid an officer. But the family is responding with a lawsuit against the Hammond Police Department for excessive force, false arrest and battery – and their attorney released the cellphone video as proof of the legality of their claim.
“They had no probable cause, one, to even ask Jamal to get out of the car, or two, to engage in excessive force in tasering and arresting him,” the family’s attorney Dana Kurtz said.
But Hammond Police said in a statement that they were acting out of concern for public safety after Jones had ignored repeated requests to exit the vehicle.
“Fearing the occupants of the vehicle may have possessed a weapon, and seeing the passenger repeatedly reach towards the rear seats of the vehicle, the first officer then broke the passenger side window of the vehicle and the passenger was removed from the vehicle and was placed under arrest.”
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