Jason Whitely,
DALLAS – The Dallas Police
Department fired Officer Jesus Martinez Monday afternoon and then charged him
with official oppression, a Class A misdemeanor, for using excessive force
against a panhandler.
A passerby recorded part of the
incident on video showing Ofc. Martinez, 30, sitting on the handcuffed suspect,
Joe Wesson, 57, who did not appear to be resisting.
"He was attacked by this
guy, maced this guy, and then was blinded by his own mace and was holding on
until cover arrived," Richard Todd, Fraternal Order of Police president,
said.
Dallas officer fired for
official oppression 2 WFAA
News 8 first reported the story
in July after Wesson complained that Martinez went too far.
When the video begins, it shows
Wesson already in handcuffs, apparently complying with Martinez's command, yet
the policeman still sits on top of him and yanks Wesson's arm over his head
several times.
"He was actually kneeing
me in my back and pulled both my arms in the air like he was trying to break
both of them," Wesson told News 8 in July.
"The video showed Officer
Martinez using his right knee to pin the pedestrian's right elbow down while
raising the pedestrian's left elbow and hand upward causing him severe
pain," Dallas police said in a news release. "Officer Martinez holds
the pedestrian in this position for approximately 40 seconds. At one point,
Officer Martinez raised the pedestrian's left elbow until it touched the back
of his head. During the video, the pedestrian could be heard screaming in pain.
This continued for approximately 45 more seconds until cover officers
arrived."
"I can understand
disciplining him but firing him and arresting him is excessive," Todd
added.
"Another independent
witness observed Officer Martinez and the pedestrian exchange words and then Officer
Martinez followed the pedestrian and subsequently tackled him. The witness also
gave an account of the incident as described on the video and did not see any
resistance," DPD's statement said. "An Internal Affairs investigation
concluded that Officer Martinez used unnecessary and/or inappropriate force
against a citizen."
On Monday afternoon, police
charged Martinez with official oppression, a Class A misdemeanor.
"They take your badge,
your gun, and your freedom because you're out doing the job they ordered you to
go do," Todd continued.
The Fraternal Order of Police
said Martinez has earned 17 awards and commendations since Dallas hired him in
2006.
Martinez will likely appeal his
firing. The FOP said he can't do so until he settles the criminal charge
against him.