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Man Claims Deputies Used Excessive Force

Brian Miller

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Man Claims Deputies Used Excessive Force

CREATED Jul. 31, 2013

APPLETON-- A De Pere man who was arrested Saturday says the Outagamie County Sheriff Deputies who detained him used excessive force during the arrest. The OWI suspect, 32-year-old Josh Peterson admits he was drinking and driving when officers stopped him at the Kwik Trip gas station on E. Calumet St. in Darboy.

Peterson says he was asking the officers what his rights were and he refused the deputies' orders to exit his vehicle. Peterson claims after about 20 minutes, three Outagamie County sheriff deputies pulled him out of the car and smashed his head against the concrete. He says he needed 7 stitches to close a wound on his head and he also had abrasions on his face, shoulder, and hands. He was treated at a hospital before being booked into the Outagamie County Jail. 

"Yes I was drinking and no, it's not all right to do that," Peterson said. 

Peterson was charged with first offense OWI and resisting arrest.  Peterson insists the deputies did not have to physically remove him from the car. 

"I just wanted to know what my rights were," he said.

The sheriff's office is aware of the complaint and an investigation is underway. Captain Mike Jobe of the Outagamie County Sheriff's office won't comment on the specifics of this case, but says the complaint will be investigated by the Appleton Police Department. Jobe says the sheriff's office will decide if punishment is warranted for the deputies once the investigation is complete.

There is video of the incident from surveillance cameras at the gas station. Video was also captured by cameras on the deputies and the dash cam inside the deputy's vehicles. The video is being reviewed as part of the investigation. Peterson also plans to file a lawsuit.