On Jan. 8 about 1:30 a.m., Officers Laura Spaulding and Charles Wroblewski were called to Burger King on Loudon Road for a report of two suspicious males. The manager told the police the men were giving employees a hard time at the drive-up window and said they were parked in the rear of the business.
Spaulding pulled around back and encountered Dustin Cheney, 30, of Weare, who was standing next to a red car, eating a breakfast burrito. She observed the other man in the parking lot behind American Brake Service next door, the report said.
When Spaulding asked Cheney who the man was, he replied, “I don't know, Joe Schmoe.” He refused to say whether the men were together, and when asked whose car he was leaning on, Cheney said, “It belongs to Tom Cruise,” Spaulding wrote.
Spaulding said she told Cheney to stop acting up and asked for ID. Cheney raised his voice and said, “I don't have my f—-ing ID, I can't find my boat license.” The other male then began walking toward them. Officer Wroblewski stopped the man, who was not identified, and patted him down.
Cheney then asked Spaulding if she “had a make-up complex,” she said. “I asked him what that meant. He stared at me in an intimidating manner.”
Spaulding told Cheney she was going to pat him down for weapons. He “immediately stepped back and placed his hands in the waist/pocket area of his jacket.” He jerked away while swearing and yelling “You have no right to search me,” the report said. Spaulding grabbed Cheney's arm and told him he was under arrest, she wrote, but he continued to resist.
Wroblewski and Spaulding called for backup and wrestled Cheney to the ground, repeatedly telling him to stop resisting, the report said. Cheney continued to resist and swear, she wrote.
Cheney then started trying to turn over and push Wroblewski off of him, then punched the officer in the face, Spaulding wrote. Spaulding told Cheney she would pepper spray him if he did not comply.
“Cheney was now face up on the ground. Cheney turned over on his stomach again and kicked me in my right leg with his right foot, then wrapped his right leg around my right leg and tried to turn back over to his back, pulling my leg out from under me. I then gave Cheney three kicks to his left thigh area,” Spaulding wrote.
Spauding sprayed Cheney in the face with pepper spray while he continued trying to punch Wroblewski and yelled profanities. At one point, Cheney's friend told him to calm down and took pictures with his cell phone to document what was happening, the report said.
Two more police officers arrived and were able to put him into handcuffs. The Concord Fire Department was called to get the pepper spray out of Cheney's eyes. When firefighters arrived to help him, Cheney continued yelling and being aggressive, Spaulding wrote. Cheney rammed his shoulder into an officer's chest, kicked another in the leg, then head-butted Spaulding's cruiser, putting two dents in it, she wrote.
Cheney was held on $10,000 cash and charged with disorderly conduct, resisting arrest, criminal mischief and four counts of simple assault on a police officer.
