Man files excessive force complaint against Orlando Police Department

Video shows Orlando police officers kicking man on sidewalk


ORLANDO, Fla. – A man, who a witness says was kicked several times by an Orlando police officer during an arrest, is filing an excessive force complaint against Orlando Police Department.


[PICS: Attorney releases photos of man's injuries ]

Cellphone video shows Orlando Police Officer David Cruz kicking a man, who lawyers are identifying as Noel Carter, lying on a downtown Orlando sidewalk, while Officer Charles Mays deploys his Taser.

A woman captured cellphone video of Carter as he was arrested Thursday off of Orange Avenue near Concord Street. The video shows Orlando Police Officer David Cruz kicking a man lying on a downtown Orlando sidewalk, while Officer Charles Mays deploys his Taser.

Natalie Jackson, who represents Carter, said she filed the complaint at the Orange County Courthouse on Wednesday.

Carter said at a news conference Wednesday morning that he was sitting submissively when he was "unlawfully battered and Tasered." Carter said he suffered injuries to his wrists from the handcuffs and head trauma from "battery."

Carter said the actions by police were unprovoked and is calling for criminal charges against them.

"I'm here today to request that the state attorney do a full and complete investigation into the actions of Officer Mays and Officer Cruz as depicted in the recorded video and bring criminal charges against each officer for battery and aggravated battery with a weapon, which they illegally inflicted upon me," Carter said.

On Wednesday, Orlando Police released a different video angle showing the beginning of what they say was a long and exhausting struggle.

The cellphone video recorded by a witness appears to show Carter unphased by officers using a stun gun and a baton to subdue him.

Orlando Police Chief John Mina said Carter was arrested and charged with battery, dating violence, battery on a law enforcement officer, resisting an officer with violence and resisting an officer without violence.

"The Orlando Police Department, and I as chief of police, take any encounter between our law enforcement officers and our citizens involving the use of force seriously," said Mina. "As we do in each of these incidents, we have launched an investigation into the officers' use of force in this instance. We are committed to fully and thoroughly investigating this entire incident from beginning to conclusion."

Mina said at a news conference on Wednesday afternoon that it was clear that Carter was intoxicated and resisting officers, adding that the incident highlights the need for body cameras.

Local 6 requested officer body camera footage from police but was told that officers were not wearing body cameras.

The department says it has sent the case to the Florida Department of Law Enforcement for review. The officers involved have no history of wrongdoing, according to Mina.

Check back for more on this story. 

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