- Target:
- District Attorney Paul Johnson
- Region:
- United States of America
Parent: Carolyn Cunningham
On November 9, 2013 at the UNT Homecoming football game, a UNT police officer responding to a disturbance call and located my children Cherita Cunningham and Noriece Laurence at Apogee Stadium. Cherita, a junior at UNT, had gotten a football ticket for her brother Noriece, and took him to the game to celebrate his twelfth birthday.
During the game Noriece and Cherita had to sit separately, which concerned Cherita so she tried to relocate them. Noriece attempted to run away and Cherita grabbed him by his tee shirt sleeve. Noriece pulled away and the sleeve on his tee shirt was slightly ripped. When the responding officer arrived Cherita explained their situation, and explained to him that they had already resolved their differences. At that time the responding officer appeared to recognize that the situation had deescalated and took no further action.
Moments later another officer arrived and began to be confrontational with Cherita about the incident. Cherita asked him, “Why are you yelling at me”? He then became physically aggressive with Cherita when he began to forcefully poke her multiple times with his finger as he continued to yell at her. Cherita offended by the contact, explained to him that it was not necessary for him to touch her. He began to escalate the use of force without probable cause when he grabbed Cherita by the arm and repeatedly slammed her against a brick wall. He then began to use deadly force when he placed his arm around Cherita neck and throat and applied an excessive amount of force which impeded her normal breathing and circulation of blood to the degree that she became light headed and believed that she was going to lose consciousness.
During the assault a co-worker Kalar approached the officers in a nonthreatening manner and asked them why they were treating Cherita so rough. Cherita asked Adam to watch Noriece and attempted to give Adam Noriece’s cell phone so he could call me. As Adam reached for the cell phone he was shoved against the wall, and after reaching a second time was grabbed, tackled, and pepper sprayed by UNT police officers. Cherita and Adam were handcuffed and taken to jail without any communication that they were under arrest, or instructions to turn around and put their hands behind their back.
Following the arrest my mother Jean Cunningham received a phone call from a UNT police supervisor. He explained to my mother that Cherita was arrested for Assault by contact-Family Violence for in his words, viciously attacking Noriece and ripping his shirt off. When I arrived to the UNT police department I was told to wait as my twelve year old son was being interviewed and required to write a statement without me.
When I contacted Noriece I learned that he was not viciously attacked, and did not have any physical injuries as reported. Noriece explained he and Cherita had a verbal disagreement, and that his only complaint was from that of being contaminated by the pepper spray.
On the following day I was horrified to read that the UNT police department had posted that Cherita was arrested for Assault on a Peace Officer, Assault (Family Violence), and Resisting Arrest/Search/Transportation Arrest. The posting explained that a complainant reported a fight in progress at 1251 S. Bonnie Brae, Apogee Stadium, Denton. UNT police officers responded and contacted student Cherita Cunningham 03/04/93, who had assaulted a family member and assaulted a responding police officer. A second student, Adam Kalar 11/07/91, interfered with responding police officers and resisted arrest. Both subjects were arrested and transported to the Denton County jail.
We call on you to contest the University of North Texas police department as they attempt to pursue a criminal conviction against Cherita Cunningham for Resisting Arrest Search or Transport, and against Adam Kalar for Interference with Public Duties and Resisting Arrest Search or Transport.
Cherita was acting in the best interest of her twelve year old brother when she did not allow him to wonder off in the crowded stadium. Her genuine concern for his safety and wellbeing should not have escalated to the degree of the second officer arriving and losing the rational control of a situation that had already been resolved prior to his arrival.
In the Criminal Code of Procedures it states that a police supervisor has an affirmative duty to intervene to stop officers who are engaging in excessive force in his presence. A non-supervisory officer has an affirmative duty to intervene to stop officers and/or supervisors who are engaging in excessive force in his presence. (CCP Art 2.13)
From accounts of the incident there were several police officers and supervisors that were on scene but failed to intervene as required. I understand that a reasonable amount of force may be used to affect an arrest when an officer has probable cause for that arrest, but in this instance the charge of assault by contact-family violence could not be filed because the assault did not occur as police reported. The charge of assault on a public servant was later dropped during Cherita’s arraignments because there was no probable cause.
Therefore, I do not believe that the UNT police officers were acting in good faith or under the color of the law when they forcefully slammed Cherita up against the wall several times and choked her, nor when they tackled, and pepper sprayed Adam under these circumstances.
I do not believe that Cherita and Adam used any force against the officers to prevent or obstruct them from effecting an arrest, search, or transportation, and request that you show your support for these college students by contacting our Denton County District Attorney Paul Johnson through our online petition and demand that the pending charges against both Cherita and Adam be immediately dropped.
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The Support for Adam and Cherita petition to District Attorney Paul Johnson was written by Cherita Cunningham and is in the category Justice at GoPetition.