A video centers on the case of Antonio Martinez, the 4’11 man with Down Syndrome who police arrested and charged with resisting arrest back in December 2012.
The family filed a lawsuit alleging excessive force, a violation of Martinez’s constitutional rights, and calls to question law enforcement’s policies of the mentally disabled.
The deposition shows Sheriff Deputy Jeffrey Guy and Captain Joe Rod admit fault, but they will not apologize, ABC10 reports.
In the video, the attorney representing the family asked the officers, “What did he do wrong?”
“He did not have reasonable suspicion to stop and use force on him,” said Captain Rodi under oath in a newly released video deposition.
Attorney Jude Basile explained that the family was willing to reach a settlement if the department would agree to three conditions; the department would have to apologize to Antonio and his family, they would have to release their policy on dealing with the mentally disabled, and the officer would have to volunteer for the special olympics.
“At the time you issued that citation, that was your discretion to do that, right,” asked Basile.
“It was under the direction of my supervisor,” said Guy.
“Did you agree with that,” asked Basile.
“I agreed we needed to document it,” said Guy.
“They said, ‘Well, we don’t know how to word that, for number one. For number two, we have no policies and procedures and the third thing, absolutely not. We cannot make the officer volunteer,” Basile told ABC 10 News.
Martinez, who is described to have the mental capacity of a 7-year-old, was violently beaten and pepper sprayed by Vista, California police while walking to a bakery with his parents.
According to the lawsuit, the deputy looked Martinez in the eye, pepper sprayed his face, slammed his face against the pavement, and handcuffed him. Martinez’s sister, who was also on the scene screaming at the officers that her brother has Down Syndrome.
Needless to say it did not work.
After he was handcuffed, he was jailed for five hours, charged with resisting arrest. Guy testified that this was only necessary for the department may document the arrest.
The case is now going to trial.
