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Excessive Force Complaint filed against City of San Diego, SDPD
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Excessive Force Complaint filed against City of San Diego, SDPD

SAN DIEGO (KGTV) – Family members of a Mountain View man have filed a lawsuit alleging excessive force by San Diego police officers.

Outside the SDPD Southeastern Division station, an attorney and loved ones of Marcus Evans came together to send a message.

“I was taught ‘Officer Friendly’ and there was nothing friendly about these officers. It’s not fair,” said Anthony Evans, Evans’ uncle.

October 24, just before midnight. The sounds of a helicopter could be heard as officers gathered outside Evans’ home on Duluth Avenue. Police say a 911 call about a man threatening a woman with a gun led them to the home.

In a video shot by a freelance photographer, an officer appears to order Evans to the ground.

“I got nothing,” Evans is heard saying in the video.

Evans, 31, wearing only shorts with his hands up, turned around before announcing he was sitting down.

“I’m going to sit right here,” Evans said as he sat on a wall at the edge of the lawn.

Moments later, Evans is hit in the stomach by a beanbag round.

“Why are you shooting me? Why are you shooting me?” Evans is heard saying.

Shortly after, another round of bean bags hits Evans, before a police canine is released. Quit biting quickly.

That doesn’t happen, moments later, when the police dog is sent in after another round of bean bags hits Evans.

Evans’ attorney, Dante Pride, says Evans was shot three times in the leg, stomach and chest, suffering bruised ribs. The most worrying injury is the dog bite.

His mother, Glenda, says Evans, who works in construction, suffered tendon damage and was unable to work.

“He’s not doing well… I feel devastated. I feel disappointed,” said Glenda Evans.

The family filed an excessive force claim, a precursor to a lawsuit, against the city of San Diego and the SDPD.

“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,” Pride said.

Pride says an internal complaint was filed by a veteran officer who was not at the scene.

“He makes the case why he should not have fired these weapons in this case,” Pride said. “We’re here to show that this community cares. We are for our brother and we will fight for him.”

The 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, October 24. Just before midnight, officers responded to a 911 call about a man threatening a woman with a gun. After speaking with the victim and witnesses, officers put together a plan to contact the 31-year-old suspect, who was described as wearing only baggy shorts.

Officers asked the suspect to come out of the house, and he appeared a short time later. Police repeatedly ordered the suspect to surrender. He didn’t, and officers used three less-lethal rounds and a police canine to arrest him. The suspect was arrested on suspicion of assault with a deadly weapon and resisting arrest. He was taken to hospital for treatment. No firearm was found and he was not sent to jail. A criminal investigation has been forwarded to the City Attorney’s Office for further review.

The video of this call raised questions about how the incident was handled 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 review publicly released footage, body-worn camera videos, witness statements and more as part of the investigative process.

Because this incident involves allegations that force was used improperly, the California Commission on Peace Officer Training and Standards (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 the SDPD Training Division to determine if the officers involved followed SDPD and POST approved training and best professional 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 am 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 these practices to determine if improvements are needed.”