CARLSBAD, Calif — At 3 p.m. on Friday, June 19, the North County Civil Liberties Coalition and other community organizations addressed an incident between a Black man and the Carlsbad Police Department. You can watch the entire conference here.
The Carlsbad Police Department has released a video featuring body camera footage from two different angles depicting the contentious Tasering and arrest of a black man who is heard shouting "I'm not doin' nothing!" and "This is what you stand for!"
The videos, which were released Saturday and can be viewed below, are stitched together with one shot by a passerby who made waves on social media after it was uploaded.
"Open lines of communication between the police department and the community are more important now than ever," the department said in a statement about the incident. "That's why we are providing a detailed chronology of this incident."
The release of the arrest footage follows the recent removal of several use-of-force tactics from the Carlsbad police playbook -- including banning chokeholds and shooting at vehicles -- as departments across the country grapple with the fallout from the killing of George Floyd by a police officer in Minneapolis.
The videos shot Thursday show authorities having a conversation with a man wearing purple and gold outerwear with a green turtle shell backpack. The man was later identified as Marcel Cox-Harshaw, 27, of San Diego.
At 22 seconds he bellows, "Are you mocking me?" before approaching a masked paramedic.
"What do you mean when you say it?" Cox-Harshaw is shown asking the first responder.
At 40 seconds into the video a policeman says, "Let me see your hand," as officers immediately grab at his wrists to place him under arrest.
"Easy now," one of the officials says. "Easy now. Easy now."
Then, 49 seconds into the video, as Cox-Harshaw asks, "Are you really trying to stop me right now?" one of the body cameras is knocked off of a policeman.
Four seconds later, the second body camera tumbles to the ground, although audio is still being recorded by both. Later, the video shot by the witness is added into the mix, before imagery from the body cams is visible again.
By the time that third video starts, Cox-Harshaw is already on the ground screaming, "I am right here!," after one of the officers asks him to, "Give me your arms!"
"I was working in the office because I'm the watch commander and I've got two field supervisors out in the field," said Lt. Greg White, recalling hearing the officers call for backup -- a Code 3 cover. "I assumed that there'd been some type of struggle.... It usually means you need help yesterday."
After an officer first tried using the localized "stun" feature of the Taser, which didn't seem to affect Cox-Harshaw, the device's "darts" were deployed -- although that didn't subdue him either, White said.
It's why the officers moved on to "brute force," according to White.
"In my opinion, from what I saw, the force they used was to maintain custody and control of the gentleman," who was the watch commander on shift at the time of the incident. "He became aggressive towards the paramedics that were just there to help him."
About four minutes into the video one of the officers puts what looks like a white bag over his head.
"It's called a spit sock," White said, adding it's meant to protect officers from potential exposure to the novel coronavirus. "It doesn't restrict his breathing or his vision at all."
White understands that the optics might make some people feel uncomfortable.
"There is no use of force that looks good," he said. "I've been doing this a long time."
A lot of things have changed in the nearly three decades White's been policing. The removal of the chokehold as an option for law enforcement makes sense, he says, particularly with the civil unrest sweeping the nation focused on police use-of-force tactics.
RELATED: San Diego Sheriff's Department, other law enforcement agencies stop use of carotid restraint
"It became a huge public concern," he said, referring to chokeholds. "There could be complications. There were concerns that the risk of that technique is too high."
That's why the department invited a prominent local police reform advocate to analyze the body cam video prior to releasing it to the public, White said, adding he believes Cox-Harshaw may either have mental health challenges or could have been under the influence of drugs.
"We work hard to maintain the positive relationships with our community," he said. "We don't take it lightly."
Cox-Harshaw was cited for public drunkenness and released to Scripps Encinitas Hospital the same night he was arrested, White said.
Police have recommended charges of being drunk in public and resisting arrest against Cox-Harshaw.
Here is the complete chronology of the event as released on the City of Carlsbad website (updated June 13, 2020):
A video is circulating showing a police use of force incident from Thursday night. Open lines of communication between the Police Department and the community are more important now than ever. That’s why we are providing a detailed chronology of this incident.
As with all uses of force, we fully investigate incidents to ensure the officers’ conduct is consistent with the Police Department’s policies.
At 8:48 p.m - A caller reported a man face down on a sidewalk at Ponto Road and Carlsbad Boulevard.
At 8:55 p.m. - Carlsbad Fire Department personnel arrived at the location and began their evaluation of the man.
At 8:59 p.m. – Two officers arrived and found the firefighters evaluating the man, who was now standing.
While medics evaluated the man’s condition, the man became visually agitated and started yelling at the medics.
At 8:59 p.m. - The man walked quickly toward the medics while continuing to yell profanities.
Officers, fearing for the safety of the medics, interceded.
Officers reached out to the man and told him to stop.
The man continued to yell as officers tried to handcuff the man to take him into custody.
The man yelled, struggled, turned and pulled from the officers and would not comply with their instructions.
At 9:02 p.m. - Officers then used a taser to attempt to subdue the man.
At 9:03 p.m. - The officers then restrained the man by holding his body and head to the ground while placing him in handcuffs. He was not injured, but he continued to shout angrily. Officers asked him to calm down, but he refused to comply and continued shouting.
At 9:03 p.m. – Officers considered the man detained.
A mesh bag called a spit mask was placed on the man’s head to protect the officers and paramedics from coming into contact with droplets coming from the man’s nose and mouth This bag is porous and does not restrict breathing.
At this time, paramedics were able to place the man on a gurney, where he continued to yell and struggle.
At 9:07 p.m. - Paramedics transported the man to a local hospital where he was sedated, assessed and released.
The man, 27-year-old Marcel Cox-Harshaw of San Diego, was cited and released for resisting arrest. An additional charge of drunk in public has been presented to the District Attorney's Office. The initial investigation indicates that drugs and or alcohol played a role in the incident.
The investigation is still ongoing. We are asking any community members who may have witnessed the incident to call the non-emergency police number at 760-931-2197 to share their accounts.
Here are some of the department’s policy that pertain to the incident
Officers shall use only that amount of force that reasonably appears necessary given the facts and totality of the circumstances known to or perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.
When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to:
- The apparent immediacy and severity of the threat to officers or others – Mr. Harshaw charged unarmed fire personnel while yelling profanities.
- The individual’s apparent ability to understand and comply with officer commands – Mr. Harshaw would not comply with officer commands.
- The conduct of the individual being confronted, as reasonably perceived by the officer. Mr. Harshaw was yelling and behaving aggressively toward fire personnel.
- Proximity of weapons or dangerous improvised devices. – Officers had no way of knowing what was in Mr. Harshaw’s backpack or baggy pants.
- The effects of drugs or alcohol. Mr. Harshaw appeared to be under the influence of drugs and or alcohol.
- Whether the person appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. Mr. Harshaw was at no time compliant.
The TASER device may be used in any of the following circumstances, when the circumstances perceived by the officer at the time indicate that such application is reasonably necessary to control a person:
- The subject is violent or is physically resisting. Mr. Harshaw was physically resistant and behaved aggressively toward fire personnel.
- The subject has demonstrated, by words or action, an intention to be violent or to physically resist, and reasonably appears to present the potential to harm officers, him/herself or others. – Mr. Harshaw charged fire personnel, while yelling profanities and he was not compliant with officer commands.
Supervisory notification shall be made as soon as practicable following the application of force. A supervisor was immediately called to the scene and an investigation was opened. The investigation included
- Obtaining the basic facts.
- Collect evidence at the scene
- Ensure that all needing medical treatment are treated. Mr. Harshaw was transported to the hospital and released. An officer also received minor injuries.
- The scene was canvased for additional witnesses.
- Complete a Supervisor’s Compliant Summary Report and forward it to the Professional Standards Unit.
- Prepare Supervisor’s Use of Force Report
