El Paso, TX — In August, mother of five, Anna Marie Barnes was driving home after celebrating her daughter's 8th birthday at a trampoline park when she got into a minor accident. The crash was so minor that no one was hurt and the airbag didn't deploy but shortly after police arrived, Barnes looked like she had been at the bottom of a ten car pile up.
According to police, when they showed up to the scene, Barnes smelled of alcohol, attempted to flee the scene on foot — with all of her children — and resisted arrest when police tried to handcuff her. However, according to Barnes and her attorney, that was not the case at all — and they have the blood test and photographic evidence to prove it.
According to Barnes, when police showed up on scene, they immediately accused her of being drunk and took to attacking her. According to civil rights attorney Randall Kallinen a separate police officer "watched" and "blocked" the view from El Paso Fire Department EMS at the scene as the other police officer beat Barnes.
According to police, when they attempted to handcuff Barnes, she backed away, giving them reason to launch their violent attack. However, Barnes was likely just apprehensive about being arrested for something she didn't do, as well as having her children left alone.
Barnes pulling away seemingly triggered the cops who swept her legs, sending her smashing into the ground.
“When I started crying they slammed me to the ground and put me in handcuffs and started punching me,” Barnes said. “He didn’t offer me a breathalyzer or sobriety test that’s why they took my blood.”
Police admit in their own report that they beat the hell out of Barnes.
the officer proceeded to strike Barnes several times with an open palm and states she quit resisting after being struck the third time.
Kallinen says that this admission, alone, is grounds enough for the charges to be dropped.
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"But even what they say is already bad enough. Even what they admit is already bad enough," said Kallinen.
"He broke the bones under my nose and my nose. It’s been painful. Especially with that cold front. It just feels like somebody slammed me into a wall," said Barnes, according to KFOX 14.
After she was arrested, Barnes' license was suspended and she could not drive — until now. After waiting over 5 months, Barnes received a letter in the mail last week stating that her license had been restored. Their reason for restoring her license: "due to passed breath or blood results."
“Ms. Barnes just received the results from DPS determining that she passed her blood test, so that means she was not intoxicated,” Kallinen said.
She was not drunk, never was drunk, and police used this as an excuse to arrest and assault her.
Now, Kallinen is calling on the DUI charges to be dropped as they have clear evidence she had nothing in her system. He also wants police to be held accountable for reportedly beating Barnes to a bloody pulp in front of her children.
“Chief Allen needs to discipline his officers for excessive force," Kallinen said.
The El Paso Police Department said it was now investigating the incident.
And as for proof of the attack, the department wouldn't have to worry about it if they had body cameras, which they do not.
"Body cams do need to be funded and need to be on every cop," said Barnes. "This could have been avoided if he knew he was on camera.”