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After a Kenosha man was charged with a felony drug charge, he accused a Caledonia Police officer of using excessive force even though the man had no injuries, according to a criminal complaint by the Racine County District Attorney’s Office.

David Ortiz, 27, was charged with a felony count of possession of marijuana and disorderly conduct by the Racine County District Attorney’s Office.

If convicted, Ortiz faces up to three years, nine months in prison and/or fined up to $11,000.

According to to the criminal complaint, an officer with the Caledonia Police Department conducted a traffic stop on Ortiz for speeding 76 mph in a 35 mph zone at 12:35 a.m. Thursday, Dec. 18 at 3 Mile Road and Douglas Avenue.

“The officer smelled the odor of marijuana, and Ortiz was reluctant to get out of vehicle,” said Lt. Gary Larsen, of the Caledonia Police Department. “When he finally did comply, they did find marijuana in the car.”

The officer noted that when he arrested Ortiz, he got angry.

“Don’t Eric Garner me,” Ortiz told the officer. “Don’t kill me… I have four kids.”

Eric Garner, of New York, died of a heart attack in December after police put him in a chokehold, according to a story on CNN.

The officer found a vaporizer pen on Ortiz. The vaporizer pens can be used for smoking tobacco or marijuana. But police found marijuana in Ortiz’s car. While enroute to the jail, Ortiz made insulting comments about the officer’s family. He also complained that excessive force was used, and demanded that police take pictures of bruising on his hands. However, there were no bruises on his hands, according to the complaint.

Ortiz refused to submit to a preliminary breathalyzer test, and told the officer he was trying to make his job harder.

“He was very angry about getting a felony drug charge even though he is approached by many law enforcement officers who request he obtain illegal drugs for them for their dying family members,” according to the complaint. “He also insisted that he was bringing the marijuana to a dying family member.”

After calming down, Ortiz told the officer he was in a hurry to see his girlfriend because he didn’t want her to think he was out with another woman. He then admitted the marijuana was for him and his girlfriend, and he smokes seven to eight times a day to treat his own medical condition.

Ortiz is being held on a $3,500 cash bond. A preliminary hearing has been set for 9 a.m. Dec. 30 in front of Racine County County Court Commissioner Alice Rudebusch.



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Denise Lockwood has an extensive background in traditional and non-traditional media. She has written for Patch.com, the Milwaukee Business Journal, Milwaukee Magazine and the Kenosha News.