Officer Appeals Firing in Kicking Incident

A police officer accused of kicking a homeless man during a videotaped arrest last summer has appealed the police chief’s decision to fire him, the officer’s attorney said Wednesday.

Police Chief Neil J. Purcell said May 15 that he intends to fire Officer Keith R. Knotek, 26, for his conduct during the man’s arrest. Under state law, Knotek had until Wednesday to appeal Purcell’s action.

Knotek filed a written appeal with Purcell but has not received a response, said Gregory G. Petersen, the officer’s attorney. Purcell could not be reached for comment Wednesday.

Knotek has been on paid suspension since last month and had been assigned to station duty since December. The kicking allegations arose in December after Kevin A. Dunbar, 25, filed a $10-million police brutality claim against the city when the videotape was turned over to the county district attorney’s office.

The allegations were investigated by that office and by the Orange County Grand Jury, but neither found sufficient evidence to prove that Knotek used excessive force in making the arrest with other officers after police were called to a noisy party in June.

The officers, though, including Knotek, are named in a civil lawsuit filed by Dunbar. He is also suing the city for an unspecified amount, alleging that police used excessive force.

In their answer to the lawsuit, the officers said they used only reasonable force in arresting Dunbar. Two of those officers have countersued Dunbar, saying he fought and injured them during the arrest.

The videotape, taken by a South Laguna resident, shows Knotek kicking at a man lying on a sidewalk near Coast Highway, surrounded by other officers. Knotek can be seen kicking at least three times. The man on the sidewalk said to be Dunbar is obscured behind a police car.