It would appear that Seattle City Attorney Pete Holmes is setting a new precedent: kick someone in the head for no good reason and you will be charged with assault--whether you're a sworn police officer or not.
That makes him the second SPD officer to be charged with assault for kicking someone this year--Ofc. James Lee was charged similarly for kicking a compliant teen suspect in a convenience store.
In Haynes' case, the incident took place outside the BallMar Nightclub at around 1 a.m. of Dec 12, last year.
Haynes and his partner were off duty drinking at the club when a woman supposedly grabbed the two officers' coats and walked outside with them.
The two cops followed the woman outside and confronted her, telling her they were with SPD. She claimed she thought the coats were her friends' and didn't believe that the officers were in fact officers, but after some back-and-forth between the parties, she gave the coats back.
Meanwhile a group of guys had observed the situation, and felt the officers had assaulted the woman by grabbing her arm. They confronted the officers, and pretty soon a brawl broke out.
Backup officers quickly arrived and removed the warring parties to separate corners, handcuffing the four non-cops and sitting them down on the curb. Soon afterward, however, Ofc. Haynes walked over to one of the suspects, 21-year-old Jake Bijot-Clary, and booted him in the head.
Here's the dashcam footage, via KOMO News.
So that makes three cases involving police use-of-force issues that have been forwarded to the City Attorney's Office for possible prosecution. Lee and Haynes were charged. Ofc. Shandy Cobane, the cop who threatened to "beat the fucking Mexican piss" out of a prone Latino suspect, then kicked him in the head was not charged.
Kimberly Mills, the city attorney's communications director, explained the reason for charging Haynes and Lee, but not Cobane, as "meeting the filing standards in two cases and not meeting the filing standards in the other case."
Here are the charging documents for Haynes.