A security guard who is accusing a Burns Harbor police officer of assaulting him has filed a civil rights complaint with the FBI and asked the Porter County Sheriff’s Police to pursue a charge of battery against the officer.

Merrillville attorney Trent McCain told the Chesterton Tribune on Tuesday that his client, Derren Smith--employed with the rank of captain by the security contractor retained by the Burns Harbor facility of ArcelorMIttal USA--has not returned to work since the incident, is currently on workman’s compensation, and is receiving treatment for a shoulder injury sustained when Officer K. Karimi of the BHPD applied force to his arm.

The incident in question occurred on June 3 at the East Gate of the mill. According to his report, at 10:50 p.m. Karimi executed a traffic stop at the East Gate, just off U.S. Highway 12, and while still in his squad was approached by Smith, who disregarded repeated instructions to step away and who interfered in the stop. “He failed to follow my commands and was briefly detained and told he would be arrested if he again failed to follow my commands,” Karimi stated in his report.

Smith’s account of the incident, however, varies considerably from Karimi’s and is corroborated by witnesses and by a video surveillance tape, McCain said.

In his report Smith stated that he was dispatched to the East Gate to determine why the BHPD officer was on ArcelorMittal property and that on his arrival he approached Karimi, who was still sitting in the squad, and told the officer that he was required to write a report on the traffic stop.

“The officer in question in a very irate tone of voice told me to get away from his squad, that I was interfering with his traffic stop, and that he would take me to jail,” Smith stated. “At no point was I loud or disrespectful to the officer.”

“At this point the officer removed himself from his squad car and stated in a very irate and loud tone of voice that ‘You are going to jail’ and pushed me up against the hood and twisted my right arm up toward my upper back,” Smith stated.

“At this point I stated in a very calm tone of voice ‘Why are you doing this to me?’ and his reply was that I interfered with his traffic stop,” Smith stated. “About six minutes after this took place this officer told me to clear from the location and if not that I would end up in jail.”

McCain told the Tribune that witnesses have confirmed that Karimi was “immediately belligerent” while Smith was “professional and courteous.”

“I deal with police misconduct all the time,” McCain said, “and I know there’s a continuum of force. First there’s the verbal command, then using some type of bodily manipulation. But this officer skipped way beyond that.”

Then, McCain said, Karimi drafted a report containing “self-serving statements to cover up what he did.”

Smith is a resident of Gary and also a firefighter, McCain said. “Capt. Smith is a professional, a hero. He goes into buildings when others are running out. And that he should be treated this way by law enforcement officers is very disheartening.”

On June 16 McCain, on behalf of Smith, formally filed a civil rights complaint against Karimi with the White Collar Squad of the FBI. McCain told the Tribune that the basis of the complaint is twofold: namely, that Karimi exhibited racial animus against Smith, who is black; and that he violated Smith’s Fourth Amendment right against unreasonable search and seizure.

On Tuesday McCain also formally asked the PCSP to pursue a charge of battery against Karimi.

Burns Harbor Town Marshal Jerry Price has told the Tribune that an officer has no way of controlling where a motorist stops his vehicle when pulled over by an officer and that many traffic stops are conducted on private property.

Posted 6/25/2009