Small boy hurt by Mace after dad, uncle accused of assaulting of - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Small boy hurt by Mace after dad, uncle accused of assaulting officer

Brandon Payne (Source: Stoddard County Sheriff's Office) Brandon Payne (Source: Stoddard County Sheriff's Office)
Dustin Payne (Source: Stoddard County Sheriff's Office) Dustin Payne (Source: Stoddard County Sheriff's Office)
PUXICO, MO (KFVS) -

Two Puxico men are under arrest and a small boy was treated for exposure to mace after a confrontation with a police officer in Stoddard County.

According to officer Ryan Mcleary of the Chief Deputy Puxico Marshal's Office, he responded to a call that a blue Jeep had run off the road and into a ditch on Highway 51 north of Puxico.

Mcleary noticed the two men on the scene were both drinking beer, and that there was a small child in the back seat.

The two men were identified as brothers, Brandon Lyn Payne, 22, of Puxico and Dustin Thomas Payne, 24, also of Puxico.

Mcleary asked the two men to stop drinking and informed them he was starting an investigation.

Instead, both men opened new cans of beer and began drinking them, according to the probable cause statement.

After escorting Dustin to the back of his patrol car, Officer Mcleary asked Brandon to put down his beer can.  Brandon refused.

Mcleary grabbed the beer can from Brandon's hand and Brandon became belligerent, punching his vehicle and threatening to kill Officer Mcleary, according to the probable cause statement.

Mcleary ordered Brandon to put his hands behind his back.  Brandon then advanced on Mcleary with his fists raised.

Mcleary then sprayed Brandon with pepper spray and was able to take him to the ground and handcuff him, even as Payne struggled to resist.

At this point, Dustin Payne began yelling at Officer Mcleary and went toward him with raised fists.

After warning Dustin and getting no response, Officer Mcleary pepper sprayed and subdued him.

While this was happening, Brandon Payne had ordered his son in the back of the Jeep to help him to his feet.

The boy helped the man up and in doing so, became contaminated by the Mace that his father had been sprayed with.

Officer Mcleary again forced Brandon Payne to the ground and then called for an ambulance to care for the boy and the two men who had been sprayed with pepper spray.

Both Brandon Payne and Dustin Payne were placed on 24 hold for interfering with a police officer and assaulting a police officer.  Brandon Payne received an added charge of child endangerment.

Later both men were arrested on a warrant for 2nd degree assault of a law enforcement officer.  Brandon Payne's bail was set at $12,500. Dustin's bail was set at $25,000.  Both men remained in jail Wednesday morning.

Copyright 2012 KFVS. All rights reserved.

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