Trial began on July 29 before DC Superior Court Judge Robert Salerno for a defendant who allegedly stabbed a Metro Transit officer in the face.
Erik Schleehauf, 43, is charged with assault on a police officer while armed, assault with a dangerous weapon, and assault with significant bodily injury for his alleged involvement in a stabbing incident that occurred on April 15 on the 1100 block of New Jersey Avenue, SE.
The prosecution started their opening statement by saying “nail he’s got a nail in his hands,” that’s what officers called out on April 15 at Navy-Yard Ballpark Metro Station.
Prosecutors alleged that an officer saw Schleehauf evade paying the fare and followed the defendant to issue a citation. When asked to identify himself, Schleehauf ignored the officer and proceeded to take the escalator towards the exit.
The second time the officer tried to stop Schleehauf he allegedly stated “You have no right standing in front of me,” and kept walking. The officer started to get nervous as he knew Schleehauf likely wasn’t going to comply and he started to fiddle with items in his hands and become visibly shaky.
According to the prosecution, the officer deployed mace and a fight ensued. Prosecutors alleged that during the altercation, Schleehauf punched the officer in the face several times with a nail leaving the officer suffering from various injuries. Prosecutors alleged that Schleehauf’s actions were taken wildly out of proportion and the entire interaction could have been just a routine citation.
“This entire case is about two dollars and fifty cents,” claimed Amanda Epstein, Schleehauf’s attorney. She stated that the officer knocked the glasses off Schleehauf’s face, then pepper sprayed him. She said Schleehauf could not hear the officer trying to stop him because he was listening to music.
Epstein stated, “being a police officer doesn’t give you a free pass to beat someone to a bloody pulp,” alleging that the officer used excessive force and Schleehauf was trying to defend himself, which he is within his right to do.
The officer who was involved in the altercation and injured on scene was brought to the stand. The prosecution presented CCTV footage of the scene as it unfolded to parallel their questioning.
The sergeant provided an in court identification of Schleehauf and clarified that Schleehauf was unknown to him prior to the proceedings shown on CCTV.
Regarding the altercation itself, he stated “I just thought I was punched… I didn’t know he had anything in his hand.” It was only after another of the officers identified that there was an object that the sergeant realized his injuries.
An image of his injuries taken at George Washington Hospital was presented as prosecution evidence. It showed one puncture wound at the upper edge of his beard and one just under his jawline.
In response to the prosecution’s questioning on his injuries, the officer stated that he is still experiencing physical symptoms. Although the wounds have healed, he testified to still having pain and a twitch on the left side of his face from his jawline to eye that have not completely subsided.
In cross examination, Epstein took issue with the sergeant’s late activation of his body worn camera stating that he was supposed to turn it on when initiating police action. The sergeant argued that the initial conversation at the fare gate was not police action.
He said, “I was talking to him… talking to people is not police action.” He later clarified that he activated his camera when he had decided to make a civil citation.
Epstein said that jumping over a fare gate is only a civil offense and a person cannot go to jail or be arrested for fare evasion. The sergeant acknowledged that but held that the offense is still against the law, and further argued that not providing identification to law enforcement when asked is also against the law and warrants arrest.
The sergeant admitted that he was the first to become physical in the altercation, having knocked Schleehauf’s glasses off his face with the intention of using mace before Schleehauf punched him the first time.
Still, the sergeant argued that he “gave him an opportunity” to comply, referring to the moment on CCTV where he stated, “Sir, do you want me to spray you?”
Epstein pressed the officer on Metro police general orders that state that an officer is “only supposed to use force when absolutely necessary.” She questioned him on the dangers of using pepper spray given its a “less lethal force instrument.” The sergeant disagreed that mace is deadly, arguing “it’s an irritant” and that handcuffs are classified in the same manner.
Epstein also pointed to the fact that the officer never submitted a use of force report as is required. He replied when an officer is injured, it is not departmental practice to submit a report.
Two officers who work for Metro Transit that were dispatched to Navy-Yard Metro Station for the stabbing testified for the prosecution.
The first officer stated that he arrived on scene after the altercation ensued. He helped secure the nail and send it to the crime scene lab. He said the nail that was used is about five inches in length and appears to be sharpened to a point. The officer stated that he did not see any of the interaction.
The second transit officer testified that at the time of the incident, he heard a group of girls yelling. Realizing something was wrong, he headed towards the yelling and saw the victim fighting with Schleehauf. He helped break up the altercation and stated that after Schleehauf was arrested, he was very combative and argumentative.
When cross examined by Epstein, he stated that he was not present when Schleehauf jumped the fare gate or when the confrontation started. When asked, the officer confirmed that there was blood all over Schleehauf’s legs and face. He never heard the injured officer complain about any pain he experienced on scene.
Upon redirect, he confirmed that he saw the nail when he approached Schleehauf to take his hand as he was attempting to punch the sergeant.
Parties are slated to reconvene July 30.
