Assistant State’s Attorney Theresa Smith said, “that Kahn’s report contradicted the footage of the cellphone video”.
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“I think that what everyone is able to see on the video, that it makes it clear that a crime was committed and it wasn’t committed by either one of my clients”, said plaintiff’s attorney Rahsaan Gordon.
Regarding the incident, he said, “There’s nothing excessive here”.
The baton-wielding officer is now under the probe by the Independent Police Review Authority (IPRA), FBI and Cook County State’s Attorney’s Office. The charges are the result of an investigation that included the FBI, the state’s attorney and the Independent Police Review Authority. I-Bond was set at $50,000 and his next court date was set for September 26.
Cellphone video appears to show Kahn restraining a woman – suspected of drinking in public – against a squad auto before hitting a man in the head with a nightstick. This is when the officer allegedly used his service baton. Kahn wrote that as he was attempting to arrest Smith, he pulled away and threw a punch with his left hand. Jeremiah Smith suffered bleeding and “excessive pain”, according to Theresa Smith. The video then seems to show police slamming Simmons onto the hood of the police auto and arresting her, followed by some chaos and eventually, a shot of Kahn appearing to struggle with Smith and eventually hit him.
In his report, Kahn wrote that he thought that Smith was trying to punch him, but the video does not show anything like that.
After viewing the video, Judge Laura Sullivan set bond at $50K with Officer Kahn needing only to provide a signature for his release.
Video evidence shows Jeremiah Smith following the orders of a peculiarly muscular cop, Brett Khan, when suddenly Khan flips into a rage and heads towards Smith. It also followed a 2015 lawsuit from Simmons and Smith for wrongful arrest and police brutality. He’s charged with felony aggravated battery and official misconduct stemming from a melee captured on camera in the summer of 2014. He initially pleaded guilty to battery – a move his attorney said was created to get him out of jail – but later had the plea vacated.
Simmons also went to trial, but the charges against her were dropped.
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A spokesperson for the police department says Kahn was stripped of his police powers and placed on paid desk duty after the incident two years ago.
