SALT LAKE CITY (CN) – A man who was giving first aid to a motorcyclist who’d crashed in his front yard says that when police arrived they refused the good Samaritan’s request for medical help, but beat him up and told the bleeding motorcyclist, “That shit happens.”
Andrew Mismash, the good Samaritan, sued the Sandy Police Department and the three officers who he said teamed up on him: Thomas Tuft, Cody Stromberg, and Matt Dominquez.
Mismash says he was returning home with his brother and two sons when he noticed a traffic accident involving a motorcycle and a truck near his property.
Bradley Jay Wozab, bleeding and with a swollen eye, was in Mismash’s front yard.
Mismash gathered first aid supplies and was helping Wozab when the three officers arrived.
“While Mr. Mismash was rendering first aid to Mr. Wozab, Officer Thomas Tuft approached Mr. Wozab and became verbally abusive toward him. Mr. Wozab requested the Officer Tuft summon medical assistance. Officer Stromberg refused and told Mr. Wozab to shut up and, ‘that shit happens,'” the complaint states.
Mismash says he “objected to Officer Stromberg’s treatment of Mr. Wozab and reiterated a request that emergency medical personnel be summoned”.
He says Tuft responded by telling him to “leave the scene”.
Mismash says he told the officers that he was in his own front yard, but he tried to comply with the demand to leave.
According to the complaint: “As Mr. Mismash was walking away from the scene, Officer Tuft and Officer Cody Stromberg entered Mr. Mishmash’s property and pushed him from behind onto the tail gate of his brother’s truck, which was parked in Mr. Mismash’s driveway.
“While Officers Tuft and Stromberg were holding Mr. Mishmash, Officer Matt Dominquez came on to Mr. Mismash’s property and began punching him in the back.
“Officers Stromberg and Dominquez lifted Mr. Mismash up and slammed him to the ground. Officer Dominquez continued to strike Mr. Mismash in the back, grab and pull at his arms and hands, and drove his knee into Mr. Mismash’s calves.”
Mismash’s wife, Kristin, a co-plaintiff, says she saw it all.
The officers “never told Mr. Mismash that he was under arrest or that there were any particular charges against him. Mr. Mismash was never read his Miranda rights. Mr. Mismash had not done anything, other than rendering first aid to the injured motorcyclist,” the couple says.
Mismash suffered injuries to his head, face, back, arms, hands and legs in the attack.
The Mismashes seek punitive damages for wrongful arrest, injuries, infliction of emotional distress and lost wages. They also sued the city and its police chief, who allegedly failed to “properly supervise, train, discipline and control” the cops.
They are represented by Nancy Mismash with Robert J. DeBry & Associates.