ORLANDO, Fla. - Cellphone video shows Orlando Police Officer David Cruz kicking a man lying on a downtown Orlando sidewalk, while Officer Charles Mays deploys his Taser.
The video was recorded high above Orange Avenue from the third floor of the Camden apartments by a young woman standing on her balcony.
The woman, who wished to remain anonymous, showed the video to Local 6 News.
"The police officer was kicking him multiple times, and the guy was sitting there minding his own business, and it didn't seem like he wasn't bothering anyone or posed any threat of any sort to the police officers," said the woman who recorded the video. "That right there was unacceptable, and from me, right there recording it, I don't have to see what happened. That was not OK."
Orlando police said a lot happened before the woman started recording.
Cruz and Mays wrote in their reports that while working at Club Venue 578, they were asked to assist with a domestic violence situation. They said they spotted Noel Carter, 30, of Hollywood, grabbing an ex-girlfriend who he'd just broken up with.
"Carter was attempting to grab and hold her back. I witnessed Carter grabbing and pulling while she was attempting to walk away from him," police wrote in the report.
The officers said Carter was drunk and wouldn't put his hands behind his back.
"The male walked towards me, and I became concerned that he was going to batter me. I extended my ASP baton, and struck the male three times on the outer part of his left thigh. The male kept advancing on me, and I struck him on his left bicep," wrote Officer Charles Mays in his report. "Cruz and the male fell onto the sidewalk, and the male was on top of Cruz. I got on top of the male in an attempt to get him off of Cruz, by grabbing his arms. The male then punched me in the chest with a right open hand."
"The male sat up, and I stood up. I told Cruz that I was going to deploy my Taser, and I Tasered the male. He laid on the sidewalk and attempted to pull the prongs from his chest. I then deployed the Taser for a second cycle in order to keep him from ripping the prongs out. The male was able to pull the prongs out. I then reloaded and Tasered the male again. He laid back down, sat back up, and attempted to pull the prongs out again. I then deployed my Taser for a second cycle."
"Cruz then kicked the male several times in the arm, while giving verbal commands. The male still did not comply, and I deployed my Taser for a third cycle, and the male finally followed commands and got on his stomach. He was then handcuffed by Cruz."
"Due the encounter, I sustained several abrasions on my right knee and a sore left wrist."
Cruz wrote that he had no choice but to kick Carter.
"At this point, Taser, baton strikes and chemical agent did not have any effect on Carter. Due to Carter's upper body strength, he could not be detained and was still actively resisting us. I decided to deliver foot strikes using the top of my foot, in order to maintain distance and in hopes Carter would comply," Cruz wrote in his report.
"I stood up and began delivering several kicks with my right foot to Carter's right arm in between his elbow and shoulder while telling him, '`Stop resisting.' The kicks did not have any effect on Carter."
"Mays then Tasered (sic) Carter and he then laid on the ground. I gave orders to Carter to roll on to his stomach and to place his hands behind his back. Carter finally listen to my commands and I was able to handcuff him using the prone handcuffing position."
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."
Carter has bonded out of the Orange County Jail.
Local 6 requested officer body camera footage from police but was told that officers were not wearing body cameras.
Local 6 also submitted records requests for radio transmissions and 911 calls regarding the incident.
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