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    Friday, September 21, 2007

    Tallahassee Police Department Press Release

    This morning, at approximately 1:45AM, officers from the Tallahassee Police Department were conducting a directed patrol in an effort to detect possible underage drinking at 459 West College Avenue (Potbelly's). The officers were across the street from Potbelly's, when they observed a black male, not wearing a shirt, screaming profanities and waving his hands wildly. The black male was later identified as Eugene “Geno” Hayes. Hayes appeared to be attempting to enter the establishment while other males attempted to restrain him. Officers Michael Malafronte and Michael Petroczky walked across the street in an attempt to determine why Hayes was so upset. An employee of Potbelly's explained that Hayes was involved in an altercation inside the bar and that Hayes' friends were attempting to escort him home.

    Officer Malafronte made contact with Hayes in an effort to calm him down and regain order. Officer Malafronte was wearing a department approved vest carrier with the word “POLICE” printed on the front in 3” letters. Officer Malafronte asked Hayes to calm down and Hayes reportedly responded with profane language and became aggressive toward the officer. Hayes was again restrained by his friends, but he continually attempted to defeat their efforts. Officer Malafronte explained to Hayes that he would be subject to arrest if he did not leave. Hayes eventually broke free from his friends and began running toward Officer Malafronte. Hayes' fists were clinched as he ran toward Officer Malafronte yelling, “I'm going to get your (expletive deleted)…” Officer Malafronte pointed his Taser at Hayes in an attempt to stop Hayes' aggressive action.

    Hayes was again pulled away by his friends, Officer Malafronte explained that Hayes was now going to be arrested due to his hostile actions. Officer Petroczky was standing next to Officer Malafronte during the above events and attempted to escort Hayes away from the crowd and arrest him. Hayes reportedly tensed and attempted to pull away and defeat the arrest. Officer Petroczky took Hayes to the ground and attempted to handcuff Hayes, but Hayes began to resist and attempted to stand up. Officer Malafronte observed the resistance and deployed his Taser to gain compliance.

    Officer Petroczky attempted to handcuff Hayes when Joseph Surratt, who was part of the group with Hayes, ran towards Officer Petroczky. Surratt was told several times to “Back up” because the officers believed Surratt would interfere with the arrest. Surratt did not comply and Officer Petroczky shoved Surratt back, causing Surratt to fall. Officer Petroczky attempted to arrest Surratt and was struck by Surratt during the arrest.

    Eventually, both Hayes and Surratt were arrested. Officer Petroczky received a cut inside his lower lip as a result of Surratt's resistance, but no other injures were reported

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