UPDATE: Benton Harbor Commissioner says police used excessive fo - Fox 28: South Bend, Elkhart IN News, Weather, Sports

UPDATE: Benton Harbor Commissioner says police used excessive force


The Berrien County Prosecutor's Office says Benton Harbor Commissioner David Shaw was arrested for disorderly conduct, obstruction, and resisting arrest over the weekend.

Police say, it all started with a noise complaint at a newly opened bar in the 900 block of Pipestone.

When officers arrived to the scene either late Friday night or early Saturday morning, they say they found Commissioner David Shaw being loud and disorderly and flailing his arms at a woman sitting in a car.

Officers believing that a possible assault was in progress and went to investigate. 

Officers made contact with Shaw and his wife Tia Shaw.

Officer says David Shaw became immediately hostile toward officers, so they tried to arrest him, but he resisted.

He was eventually arrested and taken to jail on preliminary charges of disturbing the peace and resisting arrest.

He bonded out with ten percent of a $7500 dollar bond during the weekend.

But that's not how Shaw says it happened.

He was at Monday's Commission meeting and addressed the public.

He says, he was politically profiled and excessive force was used by the arresting officers.

"I was approached and ambushed by six to eight police officers as if I was a fugitive marked armed and dangerous. This action was completely unnecessary and should have been resolved in a different way," says Shaw.

Also at the meeting, fellow Commissioners and members of the public spoke on his behalf, saying he has their support and believe he was targeted by police.

"What happened to you is no accident. These people are out for us. But they know you got the people behind you. And we're willing to stand up and fight for you," said Reverend Edward Pinkney.

Commissioner Marcus Muhammad said,  "I believe that it was a legal-lynching. I believe that it was politically motivated. And for those who are gloating and laughing and ready to pop champagne at what they think is your demise, every knock is a boost."

Commissioner Marcus Muhammad referring to the political season ahead.

Muhammad alluded to a war being waged over the proposed 1% income tax that he and Shaw support that voters will decide on in November.

Commissioner Shaw says he maintains his innocence and he awaits his day in court. 

The Berrien County Prosecutor's Office expects Shaw will be formally charged sometime, Tuesday.

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