DEARBORN — A controversial video capturing a mentally challenged local man in an altercation with Dearborn Police officers has sparked debate from civil rights groups and community members over whether police implemented proper protocol during the incident.

The video leaked last week captures a scene that took place on December 7 2013, when Ali Baydoun, 28, was riding his bicycle home from work around 4:47 a.m. as he was confronted by a police officer.

When Baydoun couldn’t provide identification to officer John Balowski, he was asked to comply with a patdown search. Appearing panicked, Baydoun verbally resists by telling the officer ‘no.’ Balowski then proceeds to use force against Baydoun by pinning him to the ground and calling for backup. 

Over a span of several minutes, multiple officers are seen using physical force against Baydoun as he appears increasingly distressed. Throughout the 34-minute video, he appears frightened as he’s heard screaming and calling for his mother. 

He was immediately taken to Oakwood Hospital following the incident to receive treatment for facial injuries sustained during his arrest. 

Last week, the city responded to the video by claiming the police officers involved in the incident used proper protocol, adding that Baydoun appeared suspicious riding his bicycle in a neighborhood that had just recently experienced an auto theft.

Baydoun’s lawyers, who this week filed a lawsuit in federal court against the city, are arguing that officers had no probable cause to arrest him.  They are also contending that the police had no reason to use excessive force against a man with a limited mental capacity. 

Ron Scott, head of the Detroit Coalition Against Police Brutality, tells The Arab American News that the incident with Baydoun should raise questions on proper police training, especially towards individuals with a mental instability.

The coalition has gotten involved in a number of cases involving police brutality around the Detroit metro area. 

“This speaks to the issue of police training and relations with people who may have some psychological problems. Intensive force should not be used unless there is a reasonable explanation,” Scott says.

Scott adds that he’s noticed a growing number of police departments across the state that have mishandled cases involving mentally challenged individuals. He is planning to lobby the Wayne County Department of Mental Health in regard to enforcing proper procedures for such individuals.

“All police departments need to have more training. We’ve had numerous cases where the question of mental health is an issue. Police are meant to control people and situations, and in many cases they aren’t trained to know what treatment is imperative,” Scott adds. “This won’t only benefit the individual, but it’s also for the police officers as they can be injured. You don’t want to escalate a situation.” 

Scott references the Memphis Police Department in Tennessee as a model of what police departments in Michigan should be doing. The department has hired social workers to ride along with police officers or come to the scene of a crime when necessary. 

But while some have decided to focus on the psychological aspect of the incident with Baydoun, others are also concentrating on the racial aspect. 

Dawud Walid, Executive Director of CAIR-MI, who last week filed a complaint against Dearborn Police with the Department of Justice Civil Rights Division, says that he believes the incident was racially motivated.

“I strongly believe that had that been a white male whose bike broke down in the street, the police officers wouldn’t have been as aggressive,” says Walid.

Walid was unsettled with the press release the city issued last week. He adds that under no situation should police target an individual based on the way he is dressed.

“Some of the claims made by the police department in the statement are just as bizarre as the actual incident that was caught on camera. They said he was not dressed appropriately, when he was wearing more clothing than the officer. The whole situation was completely unnecessary,” Walid adds. 

But it seems that not every civil rights group is outraged by the incident. Nabih Ayad, Executive Director of the Arab-American Civil Rights League (ACRL), says that he’s watched the video and determined that the police department did not use excessive force against Baydoun. 

“In my honest opinion, I don’t think this was excessive force. That’s when you beat someone down, punch them or choke them. When a police officer tells you to do something, you basically have to do it even if they are in the wrong. In this particular situation, the officer wasn’t aware that he was mentally challenged. I think when they realized it, they decided to not charge him with anything,” Ayad says. 

Ayad believes it would be difficult to expect the police department to be properly trained in handling a situation of this nature because encounters with mentally challenged individuals are a rarity. 

“I can’t see the police department being able to be trained in every single aspect. If you look at all the arrests they have made, less than .01 percent deal with mental defendants,” Ayad added. 

However, Ayad did state that he believes this can be a strong case of racial profiling against Arab Americans.

There seems to be several popular varying opinions of the incident on social media. As the video of the incident garnered over 20,000 views in the span of a week, locals weighed in with their opinions on Facebook, Twitter and YouTube.

“The result was unfortunate, but an officer’s main concern in that situation is his own safety. The first thing he does on a scene is ensure he is not in any way threatened. The guy was being suspicious by backing away and not submitting to a search. I could see how a disability would be harder to detect amidst a language barrier. It sucks that the guy got hurt, but he shouldn’t have resisted. Had he given in from the get go, he may have had a case for brutality, but once he starts resisting, the officer is completely justified,” Evan Heisey stated on YouTube. 

Meanwhile others pointed out that the police department seems to be practicing a controversial ‘stop and frisk’ policy that was previously implemented in New York and Detroit. 

“To those of you who think the police were justified in their actions, you need to be better informed of your rights. An officer may not just walk up and pat people down without reasonable articulable suspicion that a crime is being, or is about to be committed. See the Supreme Court case Terry V Ohio,” said Dan Edinger on YouTube.

Some commentators even pointed the finger at Baydoun’s family, stating that if he was in such a fragile state of mind, then he should have never been allowed to ride his bicycle that early in the morning unchaperoned. 

“It is very unfortunate situation but it has nothing to do with race or religion. As usual, the parasites at CAIR are trying to exploit the situation util their content. The legal guardians of this individual bear just as much responsibility for allowing him to be outside during the night on a bike that didn’t even have light reflectors. Worse, they fail to train him to recognize police and on how to follow the command of police,” said YouTube user A Almadhloom. 

Family members and friends of Baydoun also frequented the social media sites to give an explanation of his behavior and condemn the actions of the police department. 

“Ali is my cousin. He has had a brain dysfunction ever since he was a little kid. He can’t remember things that aren’t part of his daily agenda. That’s why he didn’t even know the numbers to his address. What the cops did to him sickens me and it makes me want to do what they did to him, and see how they feel.  I swear just hearing him scream for help makes me cry,” said one of Baydoun’s family members.