West Midlands Police officer convicted of assaults

A police officer has been found guilty of assaulting two members of the public on consecutive days when he wrongly suspected each of a crime.

PC Declan Jones committed both offences while on duty for West Midlands Police in Birmingham last year.

Birmingham Magistrates' Court heard he attacked a man then kicked and punched a 15-year-old boy the following day.

The police watchdog has separately probed complaints the attacks, on two black males, had a racial element.

The Independent Office for Police Conduct (IOPC) said it had found no evidence of discrimination.

Jones, 30, had denied three counts of common assault.

But district judge Shamim Qureshi found he acted unlawfully when he kneed and punched Michael Rose in Aston on 20 April 2020, having wrongly suspected him of stealing a phone and a bike.

On 21 April in Newtown, Jones attacked a teenager whom he wrongly suspected of drugs offences, using force which the judge said was totally unnecessary.

Neither victim had resisted arrest.

Both males were black and Errol Robinson, Mr Rose's solicitor, suggested there was a racial element to Jones's attacks.

Speaking outside court, Mr Robinson said the verdict sent a "clear message" to police officers.

He said: "The black community will not sit back and let this continue and will fight for justice and action against such officers who undermine the good work of other officers."

Mr Rose's uncle, Bernard John, said outside court that Jones had attacked his nephew "viciously, without provocation".

He added: "[Jones] is absolutely what I can call a hooligan. He showed no professionalism in any shape or form."

At a week-long trial in Coventry prior to Monday's judgment in Birmingham, prosecutors played CCTV footage of the assault on the 15-year-old which showed the blows came after the teen adopted a "surrender pose".

Jones told the court it was his "honest belief" the teenager had made a downward movement with his hand and he feared for his safety.

Jones was also accused of assaulting a third person two days after his second attack.

While he punched the individual in the face in Handsworth on 23 April, Jones was cleared after the judge ruled the officer used "proportionate" force while assisting colleagues who were struggling to detain.

He was bailed until sentencing on 10 September.

Jones was charged after an investigation by the IOPC into allegations of excessive use of force.

Its investigation followed a voluntary referral from West Midlands Police on 30 April 2020.

The IOPC said it investigated allegations of race discrimination in two of the complaints but found the evidence did not show a consistent pattern of behaviour and Jones's language in both cases did not suggest discriminatory behaviour.

The West Midlands force said the officer, who was suspended on 1 May 2020, would face a misconduct hearing chaired by the chief constable.

Deputy Chief Constable Vanessa Jardine said Jones's use of force "was totally inappropriate" and it was "right that he has been held accountable by the court".

Two other officers were also investigated by the IOPC during its inquiry and one of them, it said, would also face a gross misconduct hearing.

The IOPC found the other breached use of force standards and "recommended reflective practice" for the officer.

Jones's attacks occurred during the first Covid-19 lockdown and the judge said footage of the incidents in which officers were seen not wearing masks was "embarrassing to watch", adding: "The videos do not show the police in a good light at all."

He told the court: "Nothing turns on this point in this trial, but I have to make the comment that the videos, some of which were released on social media, are disastrous for public relations."

Follow BBC West Midlands on Facebook, on Twitter, and sign up for local news updates direct to your phone.