Keller reaches settlement with man pepper-sprayed by police while filming son’s arrest
On Sunday, the city of Keller agreed to pay $200,000 in a settlement to a man who was arrested and pepper sprayed as he filmed his son’s arrest in August, his attorneys confirmed.
The arrest and subsequent pepper spraying of Marco Puente gained national attention after the family filed a lawsuit against two Keller officers. The entire incident was video recorded on multiple dash cam and body worn cameras. The Keller police chief apologized for his officers’ behavior two days later and said they were in the wrong, according to a federal lawsuit Puente and his attorneys filed against the officers on Dec. 15.
The alternative dispute resolution was filed in Northern District of Texas court Sunday, according to court documents.
Officer Blake Shimanek, previously a sergeant with the department, ordered Officer Antik Tomer to arrest and pepper spray Puente on Aug. 15 while Puente filmed his son’s arrest. Puente, an emergency electrician who grew up in Keller, was left without medical attention for 15 minutes.
Shimanek claimed Puente blocked a roadway, but a subsequent investigation found Puente did nothing wrong.
Keller Police Chief Brad Fortune has hosted two town halls about Puente’s arrest as the community demanded accountability.
“I think Chief Fortune is a classy guy, and he took a bad situation and tried to make it right as quickly as possible,” attorney Scott Palmer said.
As of Sunday night, a city spokeswoman said the city is pleased that a mediated settlement has been achieved, but the final documents have yet to be signed.
Mayor Armin Mizani said in an email Sunday night that once documents are finalized, the city plans to share details about the settlement. The Texas Municipal League — an association representing more than 1,000 cities in Texas — will be insuring the city. TML’s Intergovernmental Risk Pool will be covering the settlement except for a $5,000 deductible paid by the City of Keller, he said.
This story was originally published January 24, 2021 at 6:36 PM.
