Viral Video Photographer Files Complaint, Attorney Says There's No Case

Jake Melder

Photo: Video by IdahoOnYourSide.com

Viral Video Photographer Files Complaint, Attorney Says There's No Case

CREATED Oct. 14, 2013

Today, On Your Side learned Gavin Seim, the man who shot the video, has filed a complaint with Boise Police Department.

In his complaint, Gavin says:

"[Police Officer] Sperry assaulted me in taking hold of my arm…Her behavior crossed from unprofessional to criminal."

On Your Side sat down with attorney Joe Filicetti and reviewed the video. He says Officer Sperry was within her rights to grab Gavin.

"A lot of police officers get shot because people have their hands in their pockets and they pull out a gun and they shoot or they pull out a knife and they cut,” said Filicetti. “So she's right to be able to see his hands. That's a normal police officer safety technique."

Gavin declined to show his I.D. to Sperry - something he is well within his rights to do.

But Filicetti says Gavin doesn't have the right to stand where he was if Sperry was feeling threatened by his presence.

"She's telling him I can't do this and watch this traffic stop and have you in this place, move over here,” said Filicetti. “He's not moving. She says get your hands out of your pockets he keeps not complying. She could have arrested him at that point."

Gavin has not said whether he will take this issue to court.

According to a statement by Chief Mike Masterson, Boise PD is conducting an internal investigation concerning the incident. 

See the full video Gavin shot here.

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