Fired Officer Says Kicking Was Justified

A police officer fired over allegations that he used excessive force said Thursday that he felt “absolutely” justified in kicking a homeless man whose arrest was videotaped outside a wild party.

The videotape triggered an investigation by the Orange County district attorney’s office, the grand jury and the Laguna Beach Police Department. Although the criminal investigations led to no charges against the officer, Police Chief Neil J. Purcell Jr. fired Keith R. Knotek in May, calling his conduct inappropriate and excessive.

On Thursday, Knotek spoke publicly for the first time about the incident before the city’s Personnel Board, which is considering an appeal of his dismissal. The board concluded three days of testimony on Thursday and will consider this month whether to recommend that Knotek, 26, be rehired.

Knotek, who had been with the Laguna Beach department for three years, said he was called to the midnight party by other officers on an emergency “Code 3” basis because party-goers had threatened and fought with two other officers trying to break up the gathering.

After arriving at the South Laguna home, Knotek said party-goers threw bottles at him and other officers.

“I felt the situation was pretty much out of hand,” he testified, so he radioed for another officer to help break up the party. At least six officers eventually were called to the party--almost every officer on duty that night.

Police arrested Dunbar after most of the party-goers had left the home but were still gathered in the area, Knotek said. Knotek said he saw officers Richard J. Lopes and Michael P. Donohue struggling with Dunbar on the ground and watched for about a minute before walking over to assist.

“I stood by and I saw Mr. Dunbar raise his right arm and he jabbed Officer Donohue in one of his lower calves,” Knotek said. “I thought that the situation was already out of hand by the people yelling at us and the objects being thrown. And I thought that if it went on any longer, we could have been seriously hurt.

“So after I saw him assault Officer Donohue, I kicked him once in his upper right arm area, between his elbow and his shoulder. At that point, I saw him raise his arm up again and he went for another strike, and he struck Officer Donohue, so I kicked again, missing his arm. Then I came back with another kick and disabled his arm. Shortly thereafter, Officer Donohue grabbed a hold of his arm and placed it behind his back,” Knotek said.

On Thursday, the board heard from Purcell, a police training instructor, an officer who was present during Knotek’s kicking and a seven-year Laguna Beach officer who testified that she kicked a struggling man on the ground six years ago and was not punished for the incident.

Except for Purcell, all of Thursday’s testimony supported Knotek’s kicking of the man, who fought two officers trying to handcuff him on a Coast Highway sidewalk. The man, Kevin A. Dunbar, had warrants for failing to appear in court on charges of drinking in public and other minor charges.

Earlier testimony from some police training officers and from the Laguna Beach police administrators said they viewed Knotek’s kicking as unnecessary and excessive.

Joe Kahapea, a Santa Ana police sergeant and head of the arrest and control program at Golden West College’s police academy, told the board Thursday that “the kicks that were used in that situation were not unnecessary.”

Kahapea said the kicks seemed to be defensive so that Dunbar could be stopped from hitting another officer.

After Knotek kicked, Officer Lopes testified Thursday, “Mr. Dunbar did not fight or struggle as he did before” and allowed the officers to handcuff him.

Two police officers from other Orange County departments testified Wednesday that kicking an unarmed man flailing on the ground is excessive and could have incited hostility from the crowd.

Purcell testified Wednesday and Thursday that he fired Knotek for several reasons. Purcell said he considered the kicking improper, that one of Knotek’s previous evaluations said he had a hot temper, that the incident would stigmatize Knotek in the community, and that Knotek felt no remorse over the kicking and insisted that it was justified.

Supporting Knotek’s contention that his kicks were proper was testimony from Laguna Beach Officer Debra Cantrella.

Cantrella, who did not address Knotek’s situation, testified that she had kicked a “mental case” who was fighting on the sidewalk six years ago with two other officers. The officers couldn’t get a grip on the man’s arms and they seemed to be losing the fight, she said.

Cantrella said she was not reprimanded for her actions after the incident.

The Personnel Board will receive final written remarks from attorneys for the city and Knotek. After that, the board will make a recommendation to City Manager Kenneth C. Frank, who will decide whether to rehire Knotek.