A man is suing Metro Transit Police officers for false arrest, excessive use of force, battery, and malicious prosecution after he was repeatedly tased and then arrested in the U Street Metro Station in June, per court documents.
The suit claims that three Metro Transit Police officers “assaulted, battered, and arrested” 29-year-old Tapiwa Musonza “without any lawful basis,” and that one of the officers then “tortuously caused criminal charges to be brought against Mr. Musonza … and fabricated evidence to justify his excessive use of force.”
The incident in question happened on June 22 at the U Street station. It was captured on cellphone video that was posted on Twitter and quickly prompted a backlash against the MTPD officers.
The video shows a man, Musonza, speaking to two officers as they are detaining a juvenile. About 25 seconds in, a third officer enters the frame and immediately confronts Musonza, walking up close to him and appearing to tell him to back up. Musonza puts his hands up and appears to yell something back, and the officer shoves him, eventually dragging him to the ground with the help of the other two officers and tasing him multiple times as onlookers yell for him to stop. The officer told officials at the time that he tased Musonza because he “exhibited behavior consistent with trying to fight the officer,” per a statement from WMATA.
Musonza was then arrested and charged with resisting arrest, obstruction of justice, and assault on a police officer. Shortly after his arrest, the U.S. Attorney’s Office dropped all the charges against him, though he still has an arrest record for those charges, per the lawsuit.
According to Metro, MTPD had been called to the U Street station to deal with a report of several juveniles allegedly threatening passersby with sticks. Officers had detained at least two juveniles when Musonza came up to them, concerned about the way the police had “brutally” handled an adolescent boy, per the suit.
Two of the involved officers, J. Ottmer and J. Dittrick, pursued the boy into the station, caught him, and held him down on the ground “for a very prolonged period of time,” the suit reads. At-large Councilmember Robert White said at the time that he spoke to witnesses who saw the officer pin the boy to the ground “with a knee to his back,” and that passersby were concerned by the conduct. Musonza went over and asked the officers to put the child on a bench, and they complied, according to the suit.
Musonza was having a conversation with the two officers from the other side of that bench when the third officer, Jonathan E. Constanzo, came into the frame and began the confrontation that led to Musonza being tased and arrested.
Per the suit, Musonza spent two nights in jail, and his mother only discovered he was arrested when she called the police to file a missing person’s report.
Musonza is 29 years old and a graduate of Howard University, according to the lawsuit. He once worked at Wells Fargo as a financial analyst and portfolio manager, and at the time of the incident, was set to begin coursework at MIT in supply chain management and logistics, the suit says.
But after his arrest, Musonza suffers from post-concussive disorder, post-traumatic stress disorder, and a bevy of other health conditions that forced him to withdraw from school and stop work on his supply chain management start-up company, per the suit. “The brutal attack and arrest record on Mr. Musonza’s professional trajectory is substantial and permanent,” the suit reads.
Musonza is seeing compensatory and punitive damages from the officers.
After the incident, several councilmembers wrote statements condemning the officer’s actions and asking the agency to take him off of active duty while the investigation is completed.
A Metro spokesperson declined to comment on the case, citing pending litigation. Officer Constanzo is currently on administrative assignment while a standard use of force review is completed (any use of force is subject to such a review at MTPD, though in this case, the U.S. Attorney’s Office is completing it, the Metro spokesperson tells DCist). The other two officers named in the suit are on full duty status, per Metro.
Natalie Delgadillo