WATCH: Louisville Cops Sued for Assaulting, Choking Man during DUI Traffic Stop
A Kentucky attorney who maybe had drank three beers before he was pulled over was punched and choked by a cop after appearing hesitant to take a breathalyzer test.
Gregory Miller, who has practiced law for four decades, was pulled over for speeding on April 16, 2019 when a cop spotted a bottle of beer in his car. Louisville Metro police officer Mark Batson said he also smelled alcohol on his breath so he had Miller step out of the car.
The attorney initially agreed to take the test but then began having second thoughts.
"What are you going to do if I say no," Miller asks, according to Batson's body camera video. "Are you going to arrest me?"
"I have no idea," Batson respond before ordering him to turn around and place his hands behind his back just over ten seconds later.
"I'll do it, I'll do your test," Miller says, realizing he was about to go to jail.
But by then it was too late because the cop was already manhandling him, punching him in the face and sweeping his legs from beneath him, taking him down to the ground.
"Roll over, right now!" Batson yells while maintaining a firm grip on Miller's neck as the attorney lays on his back, making it impossible for him to move over.
Batson also called for backup while maintaining a grip on the attorney's neck, appearing to claim he has "one fighting" when it was clear the attorney was not fighting.
"Put your hand behind your back!" Batson yells while holding his left hand, making it impossible for him to do so.
"You're holding my hand," Miller says.
Another cop shows up and begins piling on Miller.
"Please, please tell me this is a dream," Miller says. "God Almighty tell me this is a dream. Oh Lord, please tell me this is a dream. You bloodied my nose."
"Stay there," Batson tells him after handcuffing the attorney who is facedown on the grass. "Quit moving."
"I'm not going anywhere," Miller says. "You don't have to sit on me. … You're hurting me. Please you're really hurting me."
"Yes I do, you haven't been compliant the whole time," Batson says. "Stop resisting."
"I'm not resisting," Miller responds. "You're killing me. I'm already down. Oh, please stop."
Another cop then rushes up, planting his knee on Miller's face even though he was already handcuffed and laying facedown in the grass, pleading for mercy. In fact, 19 cops ended up showing up when there was probably no need for a single additional officer.
But modern-day policing is all about escalating every interaction to the point of death, if necessary.
Miller ended up blowing a .064 on the breathalyzer which is below the legal drinking limit of .08 blood alcohol content.
Nevertheless, he was charged with DUI as well as speeding, criminal mischief and resisting arrest. The charges are still pending.
"The express intent of the Jefferson County attorney is to prosecute Miller because he has complained as a victim of Batson's assault," Durham wrote, according to WDRB.
The Louisville Metro Police Department has been coming under national scrutiny for the killing of Breonna Taylor in a no-knock raid in which no drugs were found.
In an unrelated case, three Louisville cops were charged by the feds with overtime fraud in February for collecting overtime pay for hours they did not work during a three-year period from 2014 to 2017.