Investigation clears officer of brutality charges

University Police Officer John Newton was vindicated of charges that he used excessive force in enforcing the bicycle ban, University Police Commissioner John Kuprevich said earlier this week. An investigation into the incident, conducted by University Police Chief George Clisby, concluded late last week. "The officer did not use unreasonable force," Kuprevich said. "We are closing the investigation. "We certainly find no reason to take disciplinary actions against the officer," he added. Community College of Philadelphia student Kimo Suy accused Newton of pushing him from his bicycle as Suy was riding on Locust Walk during bicycle ban hours last month. Newton has maintained that he gave Suy adequate verbal and physical warnings before accidentally bumping Suy. He said he was trying to avoid a more serious collision. Both Newton and Suy's lawyer, Milton Sacks, were informed of the results of the investigation, Kuprevich said. He would not discuss the particulars of the investigation, however, because Suy may file a lawsuit against the University. Kuprevich said University Police have "publicized, educated and advised" people to walk their bicycles during bicycle ban hours on Hamilton, Locust and Smith Walks. He added that the use of force is the last option University Police can use to enforce the rules. Sacks said he was disappointed in the results of the University Police investigation. "They offered no explanation why [Suy's complaint] was not substantiated," Sacks said. "They offered no information why the witnesses' statements were not reliable. "Based on my investigation, it is substantiated," he added. "They owe an explanation." Sacks said a civil lawsuit against the University is "seriously being considered." According to Kuprevich, the investigation was "inhibited" because Suy would not cooperate with University Police after he made the initial complaint. He said Suy refused to answer additional investigators' questions about the incident. Suy requested that all communications go through his lawyer's office, Kuprevich said, which made the fact finding difficult for Clisby's office. Sacks said his client's wishes did not affect the outcome of the decision. He added that investigators had all the information they needed from the original testimony of Suy and from witness accounts. Sacks said he asked University Police to send their questions in writing to his office. But he said investigators never forwarded any questions. Both Newton and Suy were unavailable for comment yesterday.