Jorge Torres-Vences says he knows he was beaten by police while he was handcuffed following a March 14 traffic stop -- he just has a hard time remembering who that police officer was or how it happened.
"I was face down, and I was complaining about the handcuffs being too tight," Torres-Vences testified during the first day of a trial against a former Salt Lake police officer charged with the beating. "The next thing I know I was hit, and I ended up being hit several times, and then I ended up face down."Lane Heaps, 38, is the man prosecutors say punched Torres-Vences, causing the orbit of his left eye to rupture. Torres-Vences, however, could not identify Heaps as his attacker.
"I was paying attention to the pain and not the officers," Torres-Vences explained as to his reason for not being able to identify Heaps as his attacker.
Heaps is on trial for assault, a class A misdemeanor, punishable by up to one year prison. His trial, which began Tuesday, will conclude Tuesday.
Prosecutors claim Heaps used excessive force to subdue Torres-Vences while Torres-Vences was handcuffed and sitting on the ground following a March 14 traffic stop at 900 South Blair St. (340 East) just after 11 p.m.
The defense argued Torres-Vences, 26, provoked the attack because he was drunk, resisted arrest and kicked Heaps in the knee.
"I think you will find that what he (Heaps) did would be what any reasonable person would do in this case," said defense attorney Ronald Yengich.
Torres-Vences' testimony took up much of the first day of the trial before a 3rd District jury of five women and three men.
Besides Torres-Vences' account of the alleged beating, medical experts and eye-witnesses to the scuffle are expected to take the stand for the prosecution.
The defense plans to recall many of those same witnesses in Heaps' defense. Heaps is also expected to testify.
Much of Yengich's cross-examination on Torres-Vences Tuesday revolved around discrepancies in his various accounts of the incident.
During his opening argument, Yengich argued Torres-Vences was intoxicated when Salt Lake police officer Walter Dobrowolski pulled him over for running a red light and stop sign.
Torres-Vences, however, testified he might have had one beer with his lunch but was not drunk that night. Police did not administer any field sobriety or blood alcohol tests, Torres-Vences said.
Torres-Vences also claimed he did not run any traffic lights or stop signs that night.
As he left his mother-in-law's home near 500 East and 700 South and headed toward his West Valley home, Torres-Vences said he noticed police lights flashing behind his red Dodge Spirit.
"When I saw them, I stopped," Torres-Vences said. "(Dobrowolski) wanted to open the door and pull me out of the car in a very violent manner."
Torres-Vence, who gave his testimony through a Spanish interpreter, said he couldn't understand what Dobrowolski was saying to him when he pulled him over.
After getting out of the car, Dobrowolski handcuffed Torres-Vences and sat him on the ground between the two cars, Torres-Vences said.
Shortly after, prosecutors argue, Heaps arrived, was kicked in the knee by Torres-Vences and subsequently punched him in the head.
"The force used by Lane Heaps in this case was unreasonable and unnecessary," said prosecutor Nicholas D'Alesandro.
Torres-Vences was originally charged with driving without a license, assaulting a police officer and running a stop sign but was not charged with driving under the influence.
The charges against him were eventually dismissed.
Torres-Vences' attorney, Richard Smith, has filed a notice stating his intent to file a civil lawsuit in connection with Heaps' alleged beating of Torres-Vences.