Sigma Chi brother may sue cop over punching incident

A Sigma Chi brother, arrested two weeks ago for punching a University Police officer in the face, said last week that police overreacted and he may file suit against the officer because of the incident. The student, Wharton sophomore Byron Bennett, said Tuesday that he hit the officer by accident, if at all, and was unfairly arrested by the officer. University Police said that the Sigma Chi brother punched the University Police officer in the face, knocking off his glasses, in front of the fraternity's Superblock house during a party. But Bennett said he does not remember hitting the officer, and claimed that even if he did hit the policeman, it did not warrant an arrest and the possible 10 years in prison he now faces. Bennett said the police officer, who was hired by the fraternity to supervise the party, followed him after he angrily left the party because of an argument he had with a friend. Bennett pushed his way through a crowd of people who were trying to get into the party, and headed east down Locust Walk towards the footbridge, the student said. As he was walking, the officer grabbed Bennett's arm and Bennett, thinking that it was a Sigma Chi brother trying to get him to go back to the party, shrugged the officer's arm off, according to the Sigma Chi brother. Bennett said he does not know exactly when he struck the officer, but he assumed it was during that shrug that he inadvertently hit the policeman. Two other Sigma Chi brothers who said they witnessed the incident said they did not see Bennett hit the officer. Bennett was then surrounded by 50 to 100 students, who were telling the police to let him go, and was asked by his brothers to return to the house, Bennett said. But after a brief discussion between the officer and another policeman, he was thrown down on the ground, handcuffed, and taken to the University Police department by the officer, Bennett said. Sigma Chi President Kevin Scheetz said the discussion between the two police officers was an argument about whether or not to arrest Bennett. Scheetz added that he felt the police overreacted to the incident. But University Police Commissioner John Kuprevich said yesterday that Bennett "was shoving and pushing people away [as he walked out of Sigma Chi]." "The officer attempted to stop the person to find out what was going on, but the person resisted the officer's attempt," Kuprevich said. "The person pushed the officer out of the way, refused to give ID, and basically struck the officer. At that point he put the person under arrest." Kuprevich said that there was an altercation and that a University Police officer was involved, but refused to go into greater detail. "We ask our officers to have the patience of Job," Kuprevich said, adding that he does expect his officers "to go to the Nth degree in coping with the situation." "We are not here to see how many students we can arrest," Kuprevich said. "Anytime we arrest a student, that is not a success in our eyes." Bennett said he is also upset that he was forced to spend the night in Center City at the Philadelphia Police Roundhouse in a dirty cell where people were vomiting on the floor. After being taken to the University Police station, University Police followed normal procedures by taking Bennett to Philadelphia Police's 18th Police District Headquarters at 55th and Pine Streets to have his charges processed, Bennett said. Because of either a problem with the closed circuit television used to process suspects or a malfunction in the facsimile machine used to transmit fingerprints to the Philadelphia Admisnistration building, Bennett was taken down to the Roundhouse at 8th and Race streets. There, Bennett was placed in a holding cell called the "Bubble," which the University student said was extremely dirty and people were vomiting on the cell floor. The "Bubble," is a cell in which all defendants are kept before being processed. According to Philadelphia Police records, Bennett was arrested at 1:38 a.m., arrived at the 18th District Headquarters almost two and a half hours later, and was admitted to the Roundhouse at 10:10 a.m. Saturday morning. He was finally released at 5:35 a.m. Sunday morning. Bennett, who was charged the Wednesday following his arrest, faces a prison term if he is convicted of the felony of assaulting a police officer. Associate Legal Studies Professor William Tyson agreed to represent Bennett in the case after Wharton Vice Dean Janice Bellace referred him to the professor. Tyson said that Bennett's status as a University student will not dissuade a judge from convicting him. Although aggravated assault carries with it a maximum penalty of 10 years in prison, Bennett could realistically receive a sentence of two years, Tyson said. He said that a major legal question is whether the off-duty officer, hired by the fraternity to supervise the party, has the right to arrest or even confront students. Tyson, who called the charges "very serious," said that he hopes to work out an agreement in which Bennett would enter a rehabilitation program called Accelerated Rehabilitation Disposition. The program, primarily designed for defendants facing misdemeanor charges, allows the defendant to enter the program with no finding of guilt or innocence. But because the arresting officer must sign a waiver form for the ARD program, Tyson said he fears that the officer will not agree to the arrangement. Tyson said yesterday that Vice Dean Bellace sent a letter last week to the Philadelphia District Attorney's office supporting Bennett's bid to be admitted to the ARD program. According to Tyson, if Bennett is admitted to the program he would agree to waive any right to file a civil suit against the University Police Department. The District Attorney's office will decide if Bennett is eligible for the program after Bennett's arraignment later this month. After completion of the program, Bennett's record would be expunged.

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