HARRISON -- A Bull Shoals police officer testified Tuesday that he was "shocked" to see his police chief hit a handcuffed man in the head with the butt of a shotgun during an arrest on July 9, 2013.
"I kind of froze," said Patrolman David Chatman. "In my mind I was shocked I guess that he had struck him with the shotgun. I really wasn't sure what to think. I wasn't expecting to see that, to see an escalation to that."
Chatman testified in federal court in Harrison that Bull Shoals Police Chief Daniel Sutterfield hit Nicholas Dore of Bull Shoals "upside the head" after struggling to handcuff him.
Sutterfield has been charged with three crimes in the July 9, 2013, arrest: using excessive force, falsifying records and conspiracy to falsify records.
Sutterfield's trial began Tuesday afternoon and is expected to take at least three days. Two witnesses testified Tuesday: Chatman and Cleta Almond, who is Dore's girlfriend.
It was Almond's daughter who notified police on July 9, 2013, that Dore had reportedly put his hands on Almond's neck and choked and hit her. Almond and Dore have since reconciled, Almond testified Tuesday.
According to a June 25 superseding indictment, Sutterfield "kicked and stomped" Dore, struck him in the head with the butt of a shotgun, threw Dore into a fireplace and wall, and repeatedly shocked him with a stun gun, all while Dore was in handcuffs.
After an FBI investigation, Sutterfield was charged, accused of depriving Dore of his rights and trying to cover it up by instructing an officer to falsify records by omitting any reference to the use of force against Dore.
Sutterfield and Chatman had responded to a domestic abuse call at the house where Dore and Almond lived.
Chatman testified that Dore was in the garage when they arrived. Dore closed the garage door and locked the front door of the house, said Chatman. They could see Dore moving around inside the house. When the police officers knocked at the door, they could hear Dore yelling and cursing at them, said Chatman.
Chatman testified that Sutterfield kicked the front door open. Chatman and Brian Williams, another officer, followed the police chief into the house, where they found Dore lying on a couch.
Chatman said Sutterfield shocked Dore with a stun gun about three times in the lower back before Dore allowed them to put cuffs on both of his hands. At some point during the scuffle, Williams went outside the house, said Chatman.
Sutterfield, Chatman and Dore were all on the living room floor by the time they got Dore handcuffed.
"Chief Sutterfield was getting up as we were getting up," said Chatman. "He took the patrol shotgun he still had in his hand, and he hit Mr. Dore upside the head with it."
Chatman said there was no need to use force on Dore at that time. Dore was handcuffed and unarmed, said Chatman.
The second day of testimony is to begin at 8:30 a.m. today.
Dore has also filed a civil suit against Sutterfield and Chatman.
Metro on 07/16/2014