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Family says Northwest Indiana police officer was too rough with woman, 81, when she intervened in son's arrest

Family says police handled Northwest Indiana woman, 81, too roughly
Family says police handled Northwest Indiana woman, 81, too roughly 03:11

PORTAGE, Ind. (CBS) -- A family in Northwest Indiana says police officers were too rough with their elderly mother.

As CBS 2's Marybel González reported Friday night, police in Portage, Indiana were responding to a call about the woman's son – and say she intervened in the arrest.

The 81-year-old woman ended up in the hospital – and now faces charges herself. While her family says police went too far, the police department says it stands by its officer.

Video taken by a neighbor shows Rosa Maria Garcia on the ground, while a Portage police officer is kneeling down on her – apparently trying to restrain her.

Rosa Maria described her actions this past Tuesday as "a mother bear defending her cubs." Police had come to her house attempting to arrest her son, Eduardo Garcia.

She said when she walked out of the house, police were restraining Eduardo on the ground. His mother said pleaded with them to let him go.

According to a police report, Eduardo's tenant had called them after he allegedly threatened one of them with a pipe. There have been ongoing disputes between them.

While attempting to arrest him at his mother's house, police say Eduardo got into a truck parked on the driveway. Police asked him repeatedly to get out of the truck – and when he didn't, police pulled him to the ground.

That was when Rosa Maria got involved.

A police officer wrote in a report that Rosa Maria "interfered by attempting to push me away from her son and get between Eduardo and I," and also wrote that "Rosa got on my back, to which I pushed her off me and she fell to the ground."

But Rosa Maria's family said the officer was too rough with her – especially given her age.

"An 81-year-old woman – she's frail," said Dora Torres, Rosa Maria Garcia's daughter. "She's widowed.

The incident sent Rosa Maria to the hospital the next day – with bruises on her arms and hands, a fracture, and a dislocated shoulder.

"She could barely even hold her left arm," said Torres. "She was in so much pain – all by herself here."

The officer involved is now pressing charges, after he says Rosa Maria grabbed his right arm and pinched him to the point of bleeding. She is now facing charges of battery to law enforcement and resisting law enforcement.

"She's 5 foot 3. He's probably well over 6 foot 3," Torres said. "The way he did it so quickly – she was on the ground. Where did she resist anything?"

Eduardo is also facing charges of resisting law enforcement, and other charges related to the dispute with his tenants.

A spokesperson for Portage police said Friday night that the department has reviewed the body camera footage from the officer involved – and supports the officer's actions.

They are not opening a further investigation on this case.

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