Traffic stop in Port leaves officer injured, driver charged with felony

A driver who shined his high beams at a Port Washington police officer sparked a confrontation last week that left the officer injured and the driver facing a felony.

Matthew H. Behnke, 37, of Greenwood, Ind., was charged Monday in Ozaukee County Circuit Court with resisting arrest causing an injury to an officer and misdemeanor counts of possession of marijuana and drug paraphernalia.

According to a criminal complaint, an officer was on patrol near Westport Drive and Sunset Road at 12:05 a.m. Saturday, March 15, when the driver of a Volkswagen SUV heading north on Highway LL shined his vehicle’s high beams at the officer.

The officer got behind the SUV and followed it as it made two abrupt turns, accelerating after each of them.

The driver then turned on to Westport Drive and turned his lights off, prompting the officer to activate his emergency lights and siren and pull the SUV over.

Behnke, the driver of the vehicle, said his headlights were set to automatic and he didn’t mean to flash the officer. He also said he turned his lights off because he was parking, although the officer noted he drove about 100 yards without his lights on before stopping, the complaint states.

Behnke lowered his window only about an inch —just enough to hand his license to the officer — and when he did the officer immediately smelled marijuana and noticed Behnke appeared nervous, according to the complaint.

When the officer ordered Behnke to get out of the vehicle, he repeatedly refused and pulled the door shut when the officer tried to open it.

The officer then saw Behnke reach into his right jacket pocket and believed he was reaching for a weapon. Behnke did not comply with orders to put his hands on the steering wheel and the officer drew his gun, the complaint states.

The officer was eventually able to open the driver’s side door of the SUV, but Behnke again refused to get out of the vehicle. Another officer hit Behnke with taser probes, but Behnke was able to break off one of the wires. The officer then stunned him directly, at which point Behnke grabbed the officer’s hand, the complaint states.

One of the officers hit Behnke with his hand three times in the ribs, and during the course of the struggle Behnke hit the officer in his chest with his forearms and repeatedly grabbed his arms, according to the complaint.

The officer eventually hit Behnke in the chin and was able to pull him out of the vehicle and handcuff him.

Officers found a pocket knife in Behnke’s pants pocket, and in his SUV they found marijuana, a marijuana container and pipe, the complaint states.

One of the officers was taken to Aurora Medical Center in Grafton where medical staff diagnosed him with a bruised hand and sprained wrist.

During a court hearing Monday, Ozaukee County Circuit Judge Adam Gerol set Behnke’s bail at $5,000.