To Whom it may concern:
My name is Dustin Sizemore. On March 26th 2009 on Highway 699 at the Coon Creek Animal Shelter in Smilax Kentucky, at approximately 8:20PM my partner (Kevin Watts) and myself (Dustin E. Sizemore) were traveling on this road going up Cutshin in the direction towards Yeadiss. I stopped at the roadblock and a county officer (working on getting the name from local authorities will have in next two days) asked to see my driver license and insurance. I provided both documents, he checked them, looked at my tags on my license plate and directed me to go on through. I went home unloaded my groceries and realized that I had forgotten plastic cups. I went back out of the hollow traveling the opposite direction and approached the road block again. At this time KSP Officer Chris Frasier came to my window. I advised him that I had already shown the county officer my information and asked him if he needed to see it again. He did not even look at my information and told me to pull my car behind another car sitting there. I did so.
I waited around 15 to 20 minutes while the officers talked amongst themselves. When KSP Officer Chris Frasier approached my vehicle he asked to see my license and I gave them to him. I asked him if there was a problem and he did not respond. At this time I was still in my vehicle. He asked me what I was doing going up the road and coming back so quickly and I explained to him that I came home and unloaded some groceries and realized that I forgot plastic cups and I advised him that I had dropped my boyfriend off at my home and was going to my mothers convenient store at wooton which was around two miles away. I did not mean to say anything about me having a boyfriend because I have experienced harassment from just people in this area before but never from an official. At this time in my opinion his demeanor totally changed and he was using his voice in a very loud tone with me and was cursing. I was obviously scared, the officer could see this because I was shaking and I let him know that I was scared because I just am afraid of cops. Officer Frasier while I was still in the vehicle performed a stigma eye test on me with my drivers license. He did not say whether I passed or not. He then went back to the vehicles that were parked and was laughing and cutting up with the county officers.
Officer Frasier returned to my vehicle and asked me to step outside of my vehicle. I did so. Officer Frasier then asked me to walk a straight line one foot in front of the other. I did this and did not trip or fall or anything.
Officer Frasier returned back to around where his vehicle and the county police vehicles were parked and was talking with the other officers. When he returned he asked me to take one hand and touch the opposite sides toe bringing my foot up behind me and alternate hands and repeat this 6 times. I did so.
Officer Frasier then asked me to take my finger and do the 1234, 4321 on my fingers sobriety test I did this. After doing this Officer Frasier returned to his vehicle and was talking with the other officers laughing. He again returned and asked me to do 10 jumping jacks and clap. I did this.
Around this time I said “Officer I swear to you I am not under the influence at all if I was I would have had my boyfriend drive me.” He didn’t verbally respond, he returned to the other officers and began talking lowly, glaring at me and laughing again. Officer Frasier asked me to walk over to where the vehicles were parked, I did so. At this time he said “OK boy if you can do 10 push ups I will let you go home.” At this point I knew this was no longer a routine sobriety test this had turned into harassment based on my sexual orientation (or that is what I strongly believe.) At this point he began his humiliating and demeaning tasks for me to do which were watched by oncoming traffic while the other officers laughed along with him.
After the pushups he commanded me to point down with my right hand at a random rock and say “rock” and then point into the sky at any star and say “star”. To visualize this think of John Travolta doing disco in ‘Saturday Night Fever‘, I can demonstrate this at your request along with any of the other tasks I was forced to do. He commanded I do this 10 times very quickly saying “Rock Star, Rock Star, Rock Star, Rock Star, Rock Star, Rock Star, Rock Star, Rock Star, Rock Star, Rock Star”. While I was doing this oncoming traffic witnessed me doing this demeaning task. Officer Frasier along with the other officers increased their laughter towards me. At this point I was feeling like a dog, I had nowhere to go because I felt like my rights had been violated by the people who were supposed to be protecting them.
After doing the “Rock Star” ’sobriety test’ Officer Frasier said he was doing another test and demonstrated to me what he wanted me to do. He walked backwards while keeping his toes on the ground dragging them along while lifting his heels up at a measured pace. This was an exact replica of the Micheal Jackson “moonwalk”. He informed me that I had to do this with my right index finger sticking straight up in the air. Officer Frasier along with the other officers found this very funny while I felt like their side show entertainment. I felt totally powerless to these people and I was frightened for my own safety, and while I didn’t want to proceed with his ridiculous demands I was scared of the consequences of not doing so because I was taught to obey the law because they are supposed to “protect” the public.
After this Officer Frasier informed me that he wanted me to take my leg and kick upwards while extending my right hand and touch my toe at shoulder level. Officer Frasier informed me to do this “like a cheerleader” with an evil smirk. I did as I was told while oncoming traffic gawked and pointed at me. Officer Frasier continued laughing with the other officers. By this time my eyes were filling up with tears of fear and desperation as I knew this was no routine tests at all. I was scared that this torture would never end or if it did end that it would have been a horrible outcome. My mind was racing with images of the “Matthew Shepherd” mixed with a “Rodney King” type of situation, because if an officer was laughing at you and making you do such ridiculous things for his own entertainment what else might he do?
Finally, Officer Frasier informed me that I would have one last task and this was to catch my drivers license as he threw them up in the air. Officer Frasier said “if you can catch your license in the air you can ‘skip’ on back to your car and go home to your ’friend’. “ He was faking to throw my license in the air while keeping them in his hand like you would do a dog to fetch. When he threw the license in the air I caught them and he said “get the hell out of here, go on home.” I returned to my car and drove straight to my home in tears of despair. I can’t convey how humiliating and discriminated that I felt. I know that the only reason he done this was because of my sexual orientation because after I said I dropped my boyfriend off at the house his demeanor totally changed to a discriminatory one.
If you or anyone can help me with this issue please let me know because this was a gross misconduct of the Kentucky State Police along with Leslie County Police.
I am not doing this for attention or financial gain, I am trying to get this out in the open or in the courts so that maybe through my suffering no one else will have to go through what I did. I don’t expect anyone in this area including police officers to accept my lifestyle, but I do expect to be treated like a human being instead of “side-show entertainment“, I would love to have a public apology or some type of civil justice from the Kentucky State Police in this issue because I feel this was a total violation of my civil rights and rights as a human.Again, if you or anyone else that you know can help me pursue this matter legally please feel free to contact me. My contact information is below: