It was just before 3 a.m. on a warm Saturday morning in June when a parking attendant told Ty Werenka to leave a garage in downtown Boise. Werenka, 29, had just spent the last several minutes filming a police investigation of a minor traffic incident in the garage.
As he walked toward one of the garage exits, the officers began to follow him.
“Why are you interfering with this investigation?” Cpl. Denny Carter asked. Werenka began recording again. He lifted his phone to face level and asked Carter what he’s interfering with.
“Get that out of my face,” Carter said, slapping the phone to the ground. He grabbed Werenka by the arm and pushed him forward several feet, holding Werenka face-first against a cinder block wall as he handcuffed him.
Werenka cried out, “I’m not resisting, I’m not resisting.” Carter told Werenka he’s under arrest for resisting and obstructing.
Charges against Werenka were dropped last fall. But the arrest prompted him to file a tort claim against the city, alleging he was falsely arrested. Footage of the arrest, captured in three perspectives by Werenka and officers’ body cameras, was obtained by the Idaho Statesman through Werenka and a public records request.
In an interview, Werenka told the Statesman he wants to bring the case to light to ensure Boise residents — and local law enforcement — know they have a right to film police. He said he hopes drawing attention to the issue will prevent future arrests in similar situations.
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