SAN DIEGO — San Diego Police are addressing a now viral video of an arrest in downtown over the weekend.
SDPD says the use of force in the now viral video is justified. CBS 8 didn't talk to the man being arrested in the video as police have not released his identity.
Captain Ryan Hallahan with San Diego Police says their use of force is warranted.
"He was ordered to get on his stomach, and he refused. He went between the cars. Turned around and put his hands up and sat on the ground. That made it a challenge because once the bike team caught up to him, they tried to get him out, they asked him to get on his stomach. He refused. He brought in his arms, so they had to physically move his arms back, put him on his stomach, get his arms behind him and then apply the handcuffs. The force used was to overcome the movement or non-movement. He knew we were officers, said he was afraid and that's why he ran," Capt. Hallahan said.
This video was taken after Omerta, a popular nightclub in the Gaslamp Quarter of downtown San Diego, closed for the evening the weekend of September 6.
Police say they thought the unidentified man in the video was the suspect in a fight near the club as they were pursuing suspects for felony assault.
However, police say, their witness was unable to identify the man being arrested in the viral video as the suspect.
San Diego Police say they didn't charge the man at the center of the video for fighting. But he is facing a charge for obstruction because police say he was resisting arrest.
"Once you see the different angles, you can tell the suspect was resisting as far as pulling his arms back. It's a challenge because you have to use force to overcome his," Hallahan said.
San Diego Police say they are not making the bodycam video available to the public this isn't a critical incident.
Capt. Hallahan explains further.
"He said he ran because he was scared. He didn't have anything to do with the incident,” Hallahan shared. “He puts his hands up, especially when you see it on the BWC, he puts his hands up but he's still not cooperating. So, we're not going to sit there and wait for - 'Put your hands behind your back, get on your stomach.' He was ordered to get on his stomach, and he refused."
CBS 8 reported last month that reports of aggressive police actions in downtown San Diego, specifically in the Gaslamp Quarter after bars close for the evening, are on the rise.
Hallahan says he doesn't believe this video or other videos that have surfaced of SDPD officers seemingly being aggressive, such as pepper spraying crowds and pushing bystanders, erodes trust with the public.
"If we have a bad apple in our organization, we want to identify that and fix that problem. It's either by suspension or termination. We don't have this situation with our bike team. They do great work. They have 100% of our support. If they did something wrong, we're going to address that."
CBS 8 reached out to the Commission on Police Practices who tell us a complaint has been filed in this incident.
Here's how that process works:
- The complaint is investigated by San Diego Police Department’s Internal Affairs.
- They deliver their findings to the Commission for review.
- The Commission issues their decision whether they agree with the finding, agree with comment with the findings, or disagree with the internal investigation's findings.
- Any disagreements are recorded and highlighted in a semiannual report to the Mayor and City Council.
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