New allegations made against Birmingham PD

BIRMINGHAM, AL (WBRC) - A local Birmingham attorney said he has a tape showing Birmingham Police officers using unnecessary force against his client. A police incident report says the man involved stole items from a vehicle and failed to stop when officers attempted to arrest him.

Travarious Daniel, 29, of Birmingham, said on March 20 at around 1 a.m. he was beaten by officers while he was working security at a downtown nightclub, near police headquarters.

Daniel's attorney, Charles Salvagio, said the tape shows his client getting out of a dark vehicle with both hands in the air, and then being hit from behind by two officers. Daniel was eventually knocked to the ground and several officers confronted him while he was on the ground.

An incident report filed by the Birmingham Police Department obtained by FOX6 News has the officers' version of events from that day. Officers said they were working undercover in the 1600 block of Morris Avenue when they saw Daniel take a GPS, a carton of cigarettes and a laptop computer from one car and put it in the car that he drove to the location.

Officers said Daniel initially refused to stop when they attempted to arrest him. They said he received several cuts to his face and elbow during the arrest and that he was treated on the scene by the Birmingham Fire Department. To read the full incident report click here.

Salvagio said he plans to file both criminal and civil charges. Salvagio would not go into detail of how Daniel became involved with officers; however, Salvagio did say that when Daniel came into his office, he had several bruises and his face was swollen.

Records show that Daniel has had several prior charges against him, including resisting arrest. He has also been charged with carrying a pistol without a permit, theft and the breaking and entering of a vehicle.

This new information comes one day after the Jefferson County Personnel Board recommended that five former Birmingham Police officers be given their jobs back, after they were fired in 2009 for using excessive force. It is now up to the city whether or not to accept the recommendation from hearing officer Jim Sturdivant.

The officers were shown beating up Anthony Warren after he attempted to hit a Hoover Police officer during a high speed chase in January 2008. Two of the officers were found not guilty of going outside their law enforcement rights.

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