SAN DIEGO (KGTV) - Family members of a Mountain View man filed a claim, alleging excessive force by San Diego Police officers.
In front of the SDPD Southeastern Division station, an attorney and loved ones of Marcus Evans came together to send a message.
“I was taught about ‘Officer Friendly,’ and there was nothing friendly about these officers. It's not right,” said Anthony Evans, Evans’ uncle.
October 24, just before midnight. The sounds of a helicopter can be heard, as officers gathered in front of Evans' home on Duluth Avenue. Police say a 911 call about a man threatening a woman with a gun, led them to the house.
In video shot by a freelance photographer, it sounds like an officer ordered Evans to the ground.
“I have nothing,” Evans is heard saying in the video.
The 31-year-old Evans, wearing only shorts, with his hands up, turned around, before he announced he's sitting down.
“I'm going to sit right here,” said Evans as he sat on a wall on the edge of the lawn.
Moments later, Evans is struck in the stomach by a beanbag round.
“Why you shoot me? Why you shoot me?” Evans is heard saying.
Soon after, another bean bag round hits Evans, before a police canine is released. It quickly lets go of the bite.
That doesn't happen, moments later, when the police dog is sent in, after another bean bag round strikes Evans.
Evans’ attorney, Dante Pride, says Evans was shot three times, in the leg, stomach and chest, suffering bruised ribs. The most concerning injury is the dog bite.
His mother Glenda says Evans, who works in construction, suffered tendon damage and hasn't been able to work.
“He’s not doing well … I feel devastated. I feel let down,” said Glenda Evans.
The family has filed a claim for excessive force, a precursor to a lawsuit, against the city of San Diego and SDPD.
“The San Diego Police didn’t follow their own policies … By their own policies, you can't use beanbag rounds when you're only meeting passive resistance,” said Pride.
Pride says an internal complaint was filed by a veteran officer, who was not on the scene.
“He lays out the case why they shouldn't have been firing these weapons in this instance,” said Pride. “We are here to show this community cares. We are standing for our brother, and we will fight for him.”
SDPD issued the following statement:
“The San Diego Police Department (SDPD) is currently investigating a use-of-force incident involving a police canine that has caused concern among community members.
The incident occurred at a home on Duluth Ave. in the Valencia Park neighborhood late Thursday, Oct. 24. Just before midnight, officers responded to a 911 call about a man who threatened a woman with a gun. After speaking with the victim and witnesses, the officers put together a plan to contact the 31-year-old suspect, who was described as wearing only loose-fitting shorts.
Officers called for the suspect to come out of the home, and he emerged a short time later. Officers repeatedly ordered the suspect to surrender. He did not, and officers used three less-lethal beanbag rounds and a police canine to take him into custody. The suspect was arrested on suspicion of assault with a deadly weapon and resisting arrest. He was taken to a hospital for treatment. No firearm was found, and he was not booked into jail. A criminal investigation was forwarded to the City Attorney’s Office for further review.
Video of this call prompted questions on how the incident was resolved, and a formal complaint was filed. SDPD’s Internal Affairs Unit is investigating that complaint, a process that is governed by both state law and department regulations.
Investigators are examining the publicly released footage, body-worn camera video, witness statements, and more as part of the investigative process.
Because this incident involves allegations that force was improperly used, the California Commission on Peace Officer Standards and Training (POST) will monitor the investigation. The Department of Justice will also review the case.
The City’s independent Commission on Police Practices will review the department’s investigation and provide their assessment, as well.
The incident will be further reviewed by SDPD's Training Division to determine if the involved officers followed SDPD- and POST-approved training as well as professional best practices.”
STATEMENT FROM POLICE CHIEF SCOTT WAHL:
“As with many uses of force, videos of this nature are very difficult to view. We are already in the process of conducting a thorough review of the incident, and I’m committed to exploring how the situation could have been handled differently. The San Diego Police Department welcomes conversations about our use of force procedures and regularly evaluates those practices to determine if improvements are needed.”
