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  • Selected as a New England Super Lawyer for Plaintiff Personal Injury in 2015 & 2016
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Three Seabrook NH Police Officers Under Investigation for 2009 Incident Following DWI Arrest of 19 Year Old Michael Bergeron

A police report on the arrest of a young man who was seen being thrown against a wall inside the Seabrook police station in a YouTube video describes him as someone who was aggressive and uncooperative during a drunken rage.

The report details accounts by different officers who were either directly involved in trying to control then-19-year-old Michael Bergeron Jr. or observed what was happening inside the booking room and cell hallway.

The report was obtained by the New Hampshire Union Leader after Bergeron posted a video on YouTube Monday that shows an officer slamming him against a wall while being escorted down a hallway and then another officer pepper-spraying him while he was on the floor.

The incident occurred after Bergeron's arrest on Nov. 11, 2009, on charges of driving under the influence, possession of controlled drugs and resisting arrest.

Three officers were placed on paid administrative leave after the video taken from police security cameras was posted, but their names have not yet been released.

However, some names are revealed in the police report that details the events leading up to the scene in the video.

The incident is now under investigation by the town and the state Attorney General's Office.

In his report, Officer David Hersey said he stopped Bergeron's 1996 Jeep Cherokee on Kimberly Lane after he failed to stop at a stop sign and was seen traveling over the speed limit.

Hersey said he could smell a strong odor of alcohol coming from the vehicle and that Bergeron's eyes were glassy and his speech was slow and slurred," the report said.

Bergeron told Hersey that he had one beer and then asked, "Is that a crime?" Hersey told him that it is a crime because he's 19 and driving a vehicle.
"Michael began to become agitated with me, swearing at me and not listening to my instructions," Hersey said.

After field sobriety tests, Bergeron was arrested.

After being placed in the back of the cruiser, Hersey said Bergeron continued to yell and swear and at one point kicked the backplate of his cruiser.

After arriving at the station, Hersey said Bergeron "managed to get his handcuffs in front of him while in the back of my cruiser. When I opened the cruiser door in the sallyport, he lunged out of the vehicle at me. I was able to handcuff Michael again behind his back by placing him against my cruiser. He was completely uncooperative during this process and continued to try to pull away from me," Hersey said.

Hersey reported that Bergeron continued his aggression toward police and yelled profanities.

After he was placed in the cell, Hersey said he was notified by dispatch that Bergeron was trying to stuff his shirt down the toilet.
"Michael's clothing was taken from him at this time. He was left in his boxer shorts," he said.

He was later taken out of the cell to finish the booking process and continued to make threats and swear at officers, the report said.

While being walked back to the cell by Officers Mark Richardson and Adam Laurent, he began "struggling and being uncooperative," Hersey said.

In his report, Laurent said Bergeron was also spitting inside the cell.
"While in the booking room Bergeron was an emotional rollercoaster, one minute he was angry with all (officers) stating (derogatory comments) to all of us, then the next minute he was happy," Laurent said.

At one point during booking, Laurent said Bergeron reached out, touched his left arm and told him to "chill out," Laurent said. Laurent told Bergeron not to touch him and then ordered him to place his phone and wallet back on the counter and to sit on the bench.

"Again Bergeron touched me, I grabbed him by his right shoulder and left arm making him sit on the bench, then took his phone and wallet, then placed both items on the bench," he said.

Bergeron became more angered and was told to walk back to the cell, which he refused to do, Laurent said.

Officer Richardson escorted Bergeron out of the booking room and "soon after Officer Richardson appeared to perform an arm bar on Bergeron," Laurent said.

Bergeron fell to the floor and then stood up with Richardson's help.

"Bergeron fell to the floor again and crawled on all fours, not responding to Officer Richardson's orders. Due to Bergeron's prior spitting and failure to comply to anyone's order as he was on an emotional rollercoaster I pepper-sprayed him as he looked back at us in the hallway," Laurent said.

Bergeron was eventually escorted to the sallyport where he was decontaminated and then placed back in the cell.

After he was bailed, Laurent said Bergeron "was apologetic" while leaving the station.

In a separate report, Officer Keith Dietenhofer explained what he observed. He said that Richardson was escorting Bergeron back to the cell and that he appeared to shift his weight onto Richardson.
"While in the hallway I observed Bergeron turn his head around toward Ofc. Richardson and it appeared as though he was attempting to turn his body so as to face Ofc. Richardson," Dietenhofer said.

Richardson was then heard telling Bergeron to "cut the s*** as he "gained control" of him, Dietenhofer said.

Dietenhofer said Bergeron fell to the floor and refused to stand up. He also witnessed Laurent pepper-spraying Bergeron in the face.

Blog report taken from media reports, including Manchester Union Leader

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