Charges dismissed in Kenosha Applebee's arrest

KENOSHA, Wis. (CBS 58) -- Resolution for a couple, assaulted by Kenosha police at an Applebee's restaurant last summer. It was a case of mistaken identity, but the couple ended up facing other charges, and on Wednesday, the Kenosha County Circuit Court dropped all charges against them.

The disturbing video inside Applebee's along 75th Street, or Highway 50, shows officers take down a man as he holds his baby. That video was instrumental, giving prosecutors a clear image of what happened.

That happened in July and now, the waiting game is over. This holiday week, there is peace for the couple in the video.

Jermelle English was forced to the ground, beaten and pepper sprayed by Kenosha police, all while holding his baby. He then was charged with resisting arrest and disorderly conduct while the baby's mother Shanya Boyd was charged with the same plus possession of THC.

"I'm sure he's excited. His case just got, he's probably got his phone lighting up. His case just got dismissed," said Kevin O'Connor who represents Boyd.

The officers of O'Connor Law Firm expect English and Boyd to join them at a news conference Friday morning outside Applebee's expressing relief.

"It's good in one sense that we have an independent system to where prosecution has to be done by the independent lawyers who look over the stuff, and not police departments who aren't really policing themselves," said O'Connor.

The officers involved were suspended briefly, one for four days, and the other for ten days.

"It's a slap on the wrist. This is the first step that happens with officers like this. If they get away with it, the next step is they're gonna abuse or kill somebody and it's gonna be in their hands and that's why we got to stop it now," said O'Connor.

Boyd and English were dining out with their one-year-old son when the driver in a rollover crash took off. The suspects were later found hiding in the Applebee's bathroom. Although the charges have been dropped, O'Connor says more needs to be done.

"But we have to get what they call injunctive relief to change these policies to and procedures because otherwise, somebody's gonna get killed," said O'Connor.

In a statement, Kenosha's Police Chief Patrick Patton said:  "The facts of the case have not changed. The evidence was presented to the district attorney’s office and they found probable cause to charge the case. The district attorney’s office ultimately has the authority to dismiss the case and the reasons for the dismissal is a question that should be directed to them.”

"His response should be an apology to the public, a retraining of these officers, a revamping of the system as to how this could happen among officers," said O'Connor.

The Friday news conference is set to take place at 11:00 a.m. outside the Kenosha Applebee's.