FORT WAYNE, Ind. (WANE) — He walked up to the Fort Wayne police officer with a cell phone, holding it high as if he was recording.
Soon thereafter, he’s accused of tussling with the much smaller officer. The struggle ended up on the ground and the officer ended up injured in the parking lot of a club after a concert.
Now, that man is facing a felony count of resisting arrest when the defendant draws a weapon, according to Allen County prosecutors, though that count can be levied against anyone who injures an officer even without a weapon.
Prosecutors on Thursday formally charged 35-year-old Darin J. Winget, Jr. with that felony count as well as a misdemeanor count of criminal trespassing.
The confrontation between Winget and the officer began outside Piere’s, located at 5745 St. Joe Road, after a Polo G concert on March 26, according to Allen Superior Court documents.
At about 9:15 p.m., club security asked an officer working crowd control for Piere’s outside the concert to help with a patron who may have battered a member of their staff, court documents said.
While the officer spoke with the battery suspect, Winget came up with the cell pone, according to court documents.
In court documents, the officer listed Winget at roughly 6 foot 7 inches tall and 300 pounds. That’s nearly a foot taller than the officer, who is listed at about 150 to 200 pounds, according to court documents.
Thinking Winget knew the suspect he was talking to, the officer “left him alone at first,” according to court documents.
“Eventually, the defendant began asking questions about the incident and interrupting the affiant’s conversation,” the officer wrote in a court documents. “Since the defendant was interfering with the investigation the affiant told the defendant to leave.”
Winget refused, according to court documents.
Instead, he argued he was in a public place, according to court documents. The officer reminded him in court documents he was actually on private property. Still, Winget refused to leave.
Winget continued to argue. Nobody from the club, he said in court documents, had told him to leave. The officer wrote in court documents he “advised the defendant he worked for Piere’s and he was telling him to leave.”
After threats of arrest, Winget is accused of still trying to argue with the officer.
The officer told Winget he was under arrest, approached him and grabbed his arm, according to court documents. The officer then pulled Winget’s arm behind him and moved him over to a vehicle.
Winget is accused of trying to move his arm back in front of himself while yelling, “I didn’t do anything,” according to court documents. Winget also said in those documents he was not fighting the officer.
The officer, however, wrote in court documents that he began losing control of Winget’s arm and felt the man’s body pressing back against him. The officer made several attempts to regain control of the Winget and bring him to the ground.
“It wasn’t until later that the affiant learned the defendant was 6’7″ and weighed over 300 pounds compared to the affiant’s height of 5’8″ and lighter by 100-150 lbs.,” the officer wrote in his probable cause affidavit.
Eventually, the officer used the only leverage he said in court documents he could use — Winget’s hooded sweatshirt.
The officer grabbed the hood and began pulling Winget down. In the process, Winget’s body hit the officer’s right knee. The officer, who wrote in court documents he had a history of knee problems, immediately felt pain.
“Having been injured in the knee several years prior, the affiant already knew his knee was hurt bad and there was no way he was going to be able to get to his feet on his own,” the officer wrote in court documents.
After calling for help, other officers and security staff arrived. Police took Winget into custody and he was booked into Allen County Jail.
Winget eventually posted $6,000 bond, according to court records.