Dashcam video shows cop's 'brutal attack' of Minnesota motorist, ACLU says

The American Civil Liberties Union of Minnesota is calling for an investigation into a police officer’s conduct shown in squad-car video footage of a 2016 arrest after a stop in southwest Minnesota.

The ACLU is alleging excessive force by the officer — a 32-year-old graduate of Harding High School in St. Paul — who can be seen punching and kneeing the driver moments after he approaches the vehicle July 28 in Worthington. Law enforcement officials say the video shows only part of the incident. A criminal complaint against the driver alleges he aggressively swerved toward the officer after threatening other officers earlier that morning.

The officer accused of excessive force is white; the driver, charged with assault, fleeing and driving without a license, is a Laotian-American man who was 21 at the time.

In the video, released Thursday by the ACLU, the officer yells profanities as he approaches the vehicle with his handgun drawn and orders the driver to get out of the vehicle. The officer holsters his firearm, flings the door open, reaches into the car and tugs at the driver with both hands. He then delivers three upward knee blows toward the driver, as well as a right-hand punch. The driver is brought partially out of the car, and the officer delivers three more downward blows with his right hand, followed by a right elbow.

The driver was identified by the ACLU as Anthony Promvongsa; the officer, dressed in jeans and a police vest, is identified by the ACLU as Buffalo Ridge Drug Task Force Agent Joe Joswiak. Joswiak, who grew up in St. Paul, could not be reached for comment.

Another officer, in standard uniform, is visible in the video. The other officer, identified by the ACLU as Sgt. Tim Gaul, makes contact with the driver after Joswiak has brought Promvongsa to the ground. Joswiak pins Promvongsa’s neck to the ground with his left knee.

The ACLU says Promvongsa was charged with multiple felonies in the incident and is awaiting trial. According to a news release by the ACLU: “This whole incident began when off-duty police officers accused Promvongsa of driving recklessly. The prosecutor upped the reckless-driving charges to assault with a deadly weapon — his car. Promvongsa denies any conduct that would warrant the type of brutal attack that occurred here.”

Police and prosecutors issued a joint statement Thursday afternoon saying “the video, viewed in a vacuum, shows only a short segment of the incident.” Citing the ongoing case against Promvongsa, authorities said it was “inappropriate to comment further.”

Court documents, however, allege that Promvongsa harassed two other officers beginning about 9:30 that morning before Joswiak attempted to pull him over. Promvongsa followed an off-duty officer so closely that the officer couldn’t see the hood of Promvongsa’s Honda Pilot, according to the criminal complaint; Promvongsa then pulled up alongside the officer’s car and swerved at it. When the officer came upon another off-duty officer, he pulled over, grabbed his pistol, and stepped out of his car. Promvongsa then raced past them, came back and told the officers to “stay there as he was going to go get his boys and come back to get them,” according to the complaint.

The officers recognized Promvongsa and reported the incident to dispatch, which is when Joswiak got involved. Joswiak checked Promvongsa’s driving status and found his license was revoked and he had been ticketed a week earlier.

Joswiak was looking for the Honda Pilot when the vehicle appeared, approached and then swerved toward Joswiak’s unmarked car. Joswiak said he recognized Promvongsa from previous contacts, according to the complaint, and he believed Promvongsa recognized his car.

Joswiak turned around and activated his lights, but Promvongsa did not stop, according to the complaint. Gaul joined the pursuit.

Promvongsa pulled over about a mile later, but did not comply with Joswiak’s orders to get out of the car, according to the complaint.

According to the ACLU, Promvongsa stated: “I had no idea what was going on when I was approached and attacked by this officer. I did not even have the opportunity to take off my seat belt before I was literally blindsided with this unnecessary attack. I immediately pulled over for the Worthington squad car and before I knew what was happening I was beat and ripped from my vehicle.

“I know I am not the first person to have this type of traumatic experience with law enforcement in Worthington. This type of violence with community members has to stop. This encounter was demoralizing and has left me scared of future interactions with the police.”

Promvongsa, who is represented by a public defender, disputes the officers’ version of events leading up to the stop. He obtained the squad car video and brought it to the attention of the ACLU’s Greater Minnesota Racial Justice Project in Mankato this month, according to interim legal director John Gordon. The ACLU is not representing Promvongsa, and no civil case has been filed, but “we view all legal options being on the table,” Gordon said.

Teresa Nelson, executive director of the ACLU of Minnesota, stated: “Agent Joswiak’s use of force against Anthony Promvongsa is disturbing and completely unnecessary. We are calling for an investigation of Agent Joswiak’s behavior and for him to be held accountable for his brutal attack on Anthony Promvongsa, up to and including termination and prosecution.

“Thus far Agent Joswiak has received no punishment for this abhorrent treatment of Anthony. This sends a message that the department condones the officer’s behavior, which it should not.”

U.S. Rep. Tim Walz, a Democrat representing Minnesota’s 1st Congressional District, said he found the video “deeply disturbing.”

“I have had a chance to speak with local officials and leaders in the community and believe all parties are passionate in pursuing justice,” Walz said in a statement. “I will continue closely monitoring this situation. Addressing situations like this one in our communities and in Minnesota is an absolute necessity and we are all in this together.”