Day 2: Payne trial continues with 911 call - KWWL - Eastern Iowa Breaking News, Weather, Closings

Day 2: Payne trial continues with 911 call

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(KWWL) -

The prosecution continued presenting their case in the second day of trial for Lieutenant Corbin Payne of the Waterloo Police Department, who is facing a misdemeanor charge of assault causing bodily injury. In court, the 911 call made by the victim, Robert Carlisle, was played for the jury. 

Payne has pleaded not guilty to assault charges from the incident that occurred on June 12 involving an East China delivery driver. Lt. Payne was off duty at the time of the incident. 

Robert Carlisle, who alleges Lieutenant Payne assaulted him, called 911 minutes after Payne left the scene. 

"He pulled up behind me because he kept following me," said Carlisle in the 911 call. "I pulled over and then he was with his wife or somebody, pulled up behind me so I couldn't leave. Then he came up to my window, banged it and almost broke it and then he grabbed my throat and pulled me out and he just started yelling at me and trying to hit me and s***." 

Three Waterloo police officers responded to the scene that night, after the call was made. 

Officers Sears, Bose and Wertz all arrived on scene. 

Dash-cam video showed what happened when the three officers arrived. In the video, Sears and Bose are in uniform. However, since Officer Wertz was field training Sears, he was not in uniform at the time. 

Officer Sears, who first arrived, said he was informed by Carlisle that he was grabbed around the neck, saying he was "assaulted." Shortly after, Officer Bose responded. In court, Bose revealed that he accidentally turned off his body-cam video due to user-error after responding to a previous call. 

Bose testified that during the span of the night he spoke on the phone with Lt. Payne a total of three times. Bose, who's been with the department for 14 years, says he maintains a close relationship with Lt. Payne. 

"I talked to him I believe twice on the phone, while en route to the call and I talked to him at least one additional time on scene, just to let him know what was going in," said Officer Bose. "But no, I didn't noticed anything in his vocals, that led me to believe he was highly intoxicated."

During the course of their conversation, Bose said Lt. Payne recounted that Carlisle had opened his door and "came at an assaulting way" to him, and that's when Payne pushed him back into his vehicle.

Bose went on to testify that when he learned Lt. Payne was involved he knew he couldn't investigate the situation further, and that it had to be turned over to the Black Hawk County Sheriff's department. 

Officer Wertz also took the stand, and described what he saw when he responded to the 911 call.

"There appeared to be hand prints or prints on the windows," said Wertz." 

"And what did Robert Carlisle say as to how those came to be?" asked the prosecution.

"I believe he said Lt Payne hit his windows," said Wertz. 

The officers said shortly after, they waited for the Black Hawk County Sheriff's department to respond, and handed off the investigation. 

Black Hawk County Sheriff Deputy Bryan Snook also took the stand, and revealed Carlisle pointed out what he alleges were Paynes fingerprints on his car. Snook also telling the court, that those prints were never tested to confirm if they were Lt. Payne's fingerprints. 

The prosecution also played calls Payne made to the non-emergency line after the incident took place. In the calls, he asks whether or not someone had called in about the incident, saying "Some ***** just pulled by me on Ridgeway about 100 mph, so I had to go say something to him." The dispatcher on the other line responded, "Somebody just called in, he said that you assaulted him." Payne discounted that account over the phone with dispatch. 

During day two, the prosecution raised the question of whether or not Payne was intoxicated during the alleged assault. Payne was not the driver pf the vehicle that night, as his wife was behind the wheel. 

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