A video confrontation between a Park City family and Park City Police is gaining traction online.
Since the video was posted online it has more than 22,000 views, and compilations of the incident has more than two million views and accusations are flying. On Sunday, September 29th, two Park City Police officers were called to the area of Spaulding Court and Racquet Club Drive to respond to a complaint of two men having a loud argument on the street.
According to police records, the argument was over two teens riding a gas engine bicycle on the street. A man told officers that he was involved in an argument with the boy’s father, Michael Franchek. Additionally, police records state, the woman who called in the original complaint told police that she saw a gun in Franchek’s possession when he walked away from the argument. Another woman told police she didn’t see the argument but had seen the boys riding their bikes through the complex.
The officers then went to Franchek’s house where they spoke with him. According to police records , the officers asked Franchek to step outside to discuss what had happened. Franchek didn’t answer them, instead he asked for the officer’s names and badge numbers. After identifying themselves the officers again asked Franchek what had taken place earlier. They said Franchek refused to answer and began to go back into his home. Not knowing if Franchek had a gun on him, or if he was going to get it, they followed him inside and attempted to take him into custody. Franchek attempted to remain in his home.
Franckek’s son then came down the stairs and recorded what he saw for the next 40 minutes.
Franchek was then placed in handcuffs and arrested.
The rest of the video includes the teenager recording his father’s arrest and the teen’s arguments and conversations with police regarding the situation. You can find the link to the full video on KPCW’s website.
In his son’s video and subsequent videos, Franchek and his son both argue the officers illegally entered their home.
In the probable cause statement, the arresting officer states that throughout the entire incident, Franchek was verbally abusive, called the officer derogatory names, threatened lawsuits and said repeatedly that if he had wanted to resist the officer, the officer would have been “blanked up.” The officer also said Franchek used a stereotyped Hispanic accent towards him.
Franchek was booked into the Summit County Jail on a criminal complaint of failure to stop at the command of a law enforcement officer, disorderly conduct, refusal to comply with police order, and failure to disclose identity.
Francheck has filed a complaint against the arresting officer. Park City Police Captain Phil Kirk released the following statement:
“Our department follows a formal process for handling complaints, which is designed to protect all involved parties,” Kirk stated. “Our review considers all elements of the case and complaint as we investigate the actions of our officers. Additional information cannot be released at this time do the ongoing nature of the investigations. There is a separate process for criminal charges. When criminal charges are filed, they are screened by the County prosecutors if the charges are Class A misdemeanors and above, and they are screened by city prosecutors' if the charges are Class B misdemeanors and below. The prosecuting agencies exercise independence discretion when deciding whether to prosecute.”
Park City’s Attorney’s office has referred the case to Salt Lake City prosecuting office for screening. Park City’s attorney’s office said they were forwarded out of an abundance of caution and as a standard practice for prosecuting agencies.
KPCW has attempted to contact Franchek but have not heard back from him as of this report.
