The woman who accused El Paso Police Department officers of beating her in front of her children following an alleged DWI crash had her DWI court case dismissed on Wednesday, according to a news release from Attorney Randall Kallinen who represents Anna Marie Barnes.
Kallinen identified the officers who took place in the alleged beating as Jarred R. Frank and Oliver K. Meise.
The attorney also said that Barnes has filed a federal lawsuit for the alleged beating that took place while Barnes was handcuffed.
"An El Paso federal court has twice found enough evidence for a trial on the failure of El Paso to discipline officers for excessive force and failure to train," Kallinen stated.
The attorney claims the El Paso Police Internal Affairs Department has "has failed to discipline Meise and gave Frank an 8-hour paid suspension."
"It is horrific what happened to Anna. Now that the criminal court has vindicated Ms. Barnes we shall be moving forward with the lawsuit," said Kallinen, "El Paso needs City and County officials who are serious about stopping violent police officers and not protecting them."
A crash report filed by EPPD states Barnes was involved in a single-vehicle wreck along the 1700 block of Stanton near the 200 block of Rim Road on August 27 around 10 p.m.
Following the crash, Barnes was charged with driving while intoxicated with children under 15 years of age and resisting arrest search or transport.
The attorney representing the 33-year-old, previously claimed Barnes' nose was broken by one of the two police officers that responded to the crash.
They also initially claimed that a separate police officer "watched" and "blocked" the view from El Paso Fire Department EMS at the scene as the other police officer beat Barnes.
The police report states Barnes smelled of alcohol.
Barnes' attorney previously said that a doctor determined Barnes was "clinically sober" and gave clear answers.
"To cover up the severe beating officers Frank and Meise made up a story that she was driving while intoxicated yet they failed to do any Standard Field Sobriety tests or request a breath test and when Barnes agreed to a blood test the Texas Department of Public Safety cleared her of intoxication," Kallinen stated in the news release sent Friday.
The reports stated when officers tried to handcuff Barnes she began to back away and pulled her arms away to break from the officer's grip.
The report mentioned that while Barnes continued to resist arrest an officer used their leg to sweep Barnes out from under her causing her to fall on her back.
The officer then tried to handcuff her and she resisted, according to the police report.
According to the police report, the officer proceeded to strike Barnes several times with an open palm and states she quit resisting after being struck the third time.
Kallinen said Barnes requires facial reconstruction following the alleged beating.
Photographs Barnes' attorney provided show her with two bruised circles around her eyes and blood-shot eyes.
A second photo shows a steering wheel intact from Barnes' SUV. The attorney claims Barnes' injuries were not from an airbag deployment.
The third photo shows a thin tree held up with a 2x4 along the sidewalk with minimal damage.
Barnes, her lawyer, and community leaders will discuss the lawsuit at a press conference at 2 p.m. on Monday.
Count on us to update you with what is said.
We reached out to the El Paso Police Department for comment but were not given one because "The El Paso Police Department does not comment on pending litigation," EPPD spokesperson Adrian Cisneros said.
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