Video Sinks Case Against Man Held in Police Assault

Charges Dropped; Pr. George's Starts Probe

Charges against a man accused of assaulting two Prince George's County police officers during an October traffic stop were dropped yesterday after the defense attorney gave prosecutors a video recording that does not support the arresting officer's allegations.

County police launched an internal investigation into the officers' actions after a reporter who reviewed the video asked about discrepancies between it and the arresting officer's account.

A camera mounted in a police cruiser captured much of the confrontation between the officers -- John Wynkoop and Scott Wilson -- and motorist Rafael A. Rodriguez, although a portion of the confrontation occurred off-camera.

The video does not show Rodriguez, 30, assaulting either officer. The audio captured one of the officers mocking the Latino driver's accent moments before the confrontation.

Assistant State's Attorney Stacey M. Cobb dropped two counts of second-degree assault against Rodriguez on the same day he was scheduled to go on trial. Cobb offered no explanation, and she declined to comment later.

Wynkoop and Wilson did not respond to messages left at their workplaces.

Maj. Andrew J. Ellis, a police spokesman, confirmed that an internal investigation has begun. "One of the purposes of having in-car cameras is to ensure officers follow proper procedures," he said.

In a sworn statement of charges, Wynkoop wrote that shortly after 8 p.m. Oct. 19, on Greenbelt Road in College Park, he was trying to cite Rodriguez for having illegal blue lights on his Geo Prizm. The officer wrote that Rodriguez refused the citation and said, "You can't handle me, and you don't want me out of the car."

"This officer then opened the driver side door and asked the driver to step out of the vehicle at which time the driver struck this officer with a closed fist," Wynkoop wrote.

Wynkoop wrote that he pulled Rodriguez out of the car and handcuffed one of his wrists. Rodriguez then "became enraged," the officer wrote, assaulting him and Wilson. Rodriguez continued the assault even after Wilson used pepper spray on him, Wynkoop wrote.

The video, subpoenaed by the defense, shows Wynkoop and Wilson sitting in Wynkoop's cruiser after pulling Rodriguez over.

At one point, one of the officers -- it is not clear which one -- appears to mock Rodriguez by using an exaggerated accent as he repeats the suspect's assertion that another officer had told him that the blue-tinted lights on his car were permitted.

At another point, Wilson asks Wynkoop how he knows so much about traffic law. Wynkoop responds that he previously worked for the Metro Transit Police.

"Me and the chief butted heads," Wynkoop said. "It got so bad she sent me to hug-a-thug classes every year. How many hug-a-thug classes can you go to?"

The two officers eventually walk back to the Geo Prizm. Wynkoop goes to the driver's side door and tells Rodriguez that he is issuing him a citation.

In accented English, Rodriguez, a permanent legal resident originally from El Salvador, responds, "I don't like your attitude."

The video shows Wynkoop ordering Rodriguez to turn off the car engine and get out of the vehicle. Rodriguez does not immediately do so, and Wynkoop opens the door and pulls him out. Rodriguez does not appear to strike either officer.

Wynkoop slams Rodriguez against the car and handcuffs one hand. Suddenly, Wilson pepper-sprays Rodriguez -- but also Wynkoop, who cries out, "I can't see, dude!"

The three men go out of camera range, then Rodriguez comes back and sits down near his car. Seconds later, Wynkoop returns, grabs Rodriguez by the shoulders and slams him against the Prizm. At this point, Wilson strikes Rodriguez several times in the head with his retractable police baton.

The three men again go out of camera range, and Rodriguez is heard repeatedly crying, "Don't kill me!"

A Berwyn Heights police officer arrives.

In an interview, Rodriguez said he begged the Berwyn Heights officer to aim a gun at him so the Prince George's officers would stop beating him.

Rodriguez said he was disappointed that his case didn't go to trial. "I'd like the judge to see the videotape to see how I acted and how the officers behaved," Rodriguez said.