State agrees to pay Diego Martin man for police assault

THE State has agreed to compensate a Diego Martin maintenance worker for a blow to his mouth with the butt of a police rifle in 2018.

Kyle Yearwood will receive $62,791.08.

Justice Margaret Mohammed approved the consent order for full and final settlement on October 7.

At the time of the incident, Yearwood was in Carenage, as he had been hired to transport a woman from a party in Big Yard to Diego Martin. As he was leaving, just before midnight, a vehicle sped around the corner.

Yearwood pulled to the left to avoid a collision and let the vehicle pass. He realised it was a marked police vehicle, which stopped and reversed in his direction.

He said he pulled over and four police officers approached his car. He was told to get out, after presenting his driver’s permit and insurance, and one of the officers shouted at him, “Red man, you trying to kill we or wha'?”

The officer also accused Yearwood of drinking, which he denied.

He said he told them they had been driving in the middle of the road around a corner, while he had been in his lane.

The officer again accused him of “smelling like you was drinking.”

Yearwood’s lawsuit said, “suddenly and without any warning,” the officer struck him in the mouth with the butt of a rifle. One of his teeth was cracked by the blow.

“After the claimant was struck with the said police rifle, he became startled and ran away in fear that the police officer would further assault or injure him,” his lawsuit said.

Another officer then told him to “relax” and after the group of policemen had a conversation among themselves, told him to “forget the incident” and that he was being released without charge.

Ten days later, one of the officers called the woman he had been hired to drop and told her, “Let’s link up and tell the red man to forget that scene and is a cool scene.”

Yearwood reported the incident to the Police Complaints Authority (PCA) and on July 31, 2019, deputy director Michelle Solomon-Baksh wrote to tell him his file had been referred to the Director of Public Prosecutions and the Commissioner of Police for further action.

Attorney Abdel Mohammed represented Yearwood.

Chantelle Le Gall appeared for the Chief State Solicitor’s department.