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2nd allegation against CMPD officer

By Steve Lyttle and Cleve R. Wootson Jr.
Staff Writers
David Jones

David Jones


A second Charlotte man is claiming a now-suspended police officer roughed him up during a September confrontation, according to his attorney.

At the center of the allegation is David Jones, a Charlotte-Mecklenburg Police officer who was suspended and recommended for termination after a Dec. 7 incident in which he is accused of assaulting another man who was involved in a collision with Jones' mother.

That man, Rick McVicker, says his head was slammed to the ground by Jones after McVicker rear-ended Jones' mother's car on Sardis Road in Matthews. McVicker was charged with DWI in that case, and Jones' mother contends she felt threatened by McVicker.

The newest incident being reported happened Sept. 27.

Thomas Huminik was arrested that day and charged with two counts of assault on a police officer, two counts of communicating threats, and resisting arrest, according to his attorney, Brad Smith. Those charges were dropped a few days ago by the district attorney's office, which is evaluating more than 50 cases Jones has been involved with, according to Assistant District Attorney Bruce Lillie.

Jones' attorney, George Laughrun, declined to comment on the Huminik case. He said Jones has appealed his termination, though the civil service board, which reviews firings, has not yet set a hearing date for the case.

In September, Huminik and his wife had an argument inside a SunTrust Bank on Rea Road near Ballantyne. The couple was in the process of a separation, and Huminik's divorce lawyer advised him to take money out of their joint checking account, Smith said. Huminik returned to the SunTrust branch to get a bank statement, but by then, his wife had called police, saying her husband was withdrawing money.

Smith said the dispute between the couple inside the lobby ended, and Huminik walked outdoors with the two CMPD officers, one of whom was Jones. According to the attorney, Huminik was assaulted by the officers outside the bank.

Surveillance video from the bank shows Huminik walking out of the lobby with the officers and appears to show officers wrestling with Huminik outside. Smith says his client was thrown to the ground twice, punched, and pushed against the wall of the bank. Police papers filed in the case allege Huminik, who is 6-2 and 260 pounds, made a fist before the confrontation with the officers.

But Smith said his client was not in police custody and tried to de-escalate the situation by walking away.

"It's difficult to see how someone threatened a police officer when he's seen on the video exiting and leaving the situation," Smith said. "There was a discussion in the bank that my client walked away from. Mr. Huminik had not committed any criminal offense."

According to CMPD, an Internal Affairs investigation was conducted in the case, and the department determined police had acted appropriately.

Assistant District Attorney Bruce Lillie said cases Jones was involved in won't automatically be dropped. Prosecutors are reviewing them to evaluated the strength of other evidence.


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