Deputies put on leave in violent California arrest
By TAMI ABDOLLAH and AMY TAXIN, Associated Press
Apr 10, 2015 4:06 PM CDT
Deputies put on leave in violent California arrest
In this frame from video provided by KNBC-TV, officers beat and kick a man Thursday, April 9, 2015, near Apple Valley, Calif. A Southern California sheriff on Thursday ordered an immediate investigation after deputies were recorded beating and kicking a man who fled in a car and on horseback. (AP Photo/KNBC-TV)...   (Associated Press)

SAN BERNARDINO, Calif. (AP) — A California sheriff placed 10 deputies on paid administrative leave Friday after news video recorded the violent arrest of a man fleeing authorities on horse.

San Bernardino County Sheriff John McMahon said the video "disturbed and troubled him" and appeared to show an excessive use of force.

McMahon announced the action after 30-year-old Francis Pusok was arrested by deputies in a violent encounter filmed by a KNBC-TV helicopter (http://bit.ly/1H8UC3D). Pusok fled by car and then on a stolen horse, traveling several miles while deputies chased him on foot, after deputies tried to serve a search warrant in an identity-theft investigation Thursday.

The video shows the man dressed in bright red clothing falling from the horse as a deputy runs up and uses a stun gun on him. McMahon said the stun gun was believed to be ineffective because of the man's loose clothing.

The man falls face down with his arms and legs outstretched and put his hands behind his back. The video shows two deputies appearing to come up and kick him in the head and crotch. Other deputies arrive moments later.

Two deputies were taken to the hospital for injuries including abrasions, a twisted knee and a back injury from being struck by the horse. Pusok was treated at the hospital for abrasions, bruising and then released to be booked on suspicion of felony evading, theft of a horse, possession of stolen property and reckless driving.

McMahon said there is an internal investigation as well as a criminal investigation into Pusok's and the deputies' actions.

He said the department won't release the names of deputies, including a sergeant and a detective, until they're sure that multiple threats made aren't valid.

"I'm asking for some patience while we complete a thorough and fair investigation," McMahon said. "I am disturbed and troubled by what I see in the video. It does not appear to be in line with our policies and procedures ... I assure you, if there is criminal doing on the part of any of our deputy sheriffs or any policy violations we will take action."

The deputies were wearing audio recorders, but McMahon said he had not listened to them and the recordings will be part of the investigation.

Attorneys for Pusok told KNBC-TV Friday as they left the jail that their client has a badly swollen eye, marks from the beating over his face and body, and is in pain.

"He remembers being beat, and he remembers that he wasn't resisting, that he laid still, he complied immediately. He says that he didn't even move a muscle because he didn't want to be continuously beat, yet it still happened," said attorney Sharon Brunner.

After the beating, a deputy whispered in his ear: "This isn't over,'" attorney Jim Terrell said.

"And that's why he's scared to death for himself and his family right now," Terrell said.

Ken Cooper, a use of force expert, said the deputies were clearly frustrated and appeared to take that out on the man. One, he said, appears to be striking Pusok with the Taser.

"It doesn't look good. It looks like his hands are behind his back even when they're doing the blows," Cooper said. "The justification for using force is to gain compliance from the suspect, and the suspect seems to be complying. So what this looks like is those blows are not justified, they're not necessary and they're not professional."

Cooper said the officers should be disciplined, retrained to deal with stress especially, and the video should be used for department-wide training. He said the officers allowed their emotions and adrenaline to overtake their professionalism. But training helps "inoculate" officers from responding improperly during high-stress situations.

"When chasing a fleeing suspect, in high stress, you have to control that. It's your obligation as a professional. You can lose it sometimes," Cooper said.

McMahon said deputies had previously been called to Pusok's home where he allegedly made threats to kill a deputy and shot a puppy in front of family members. "We were very familiar with his aggressive nature," McMahon said.

The beating of Pusok came as recent violent episodes by officers dealing with suspects have provoked outrage after being captured on video, including the shooting death of an unarmed man as he ran from a police officer last weekend in North Charleston, South Carolina.

Pusok's girlfriend of 13 years, Jolene Bindner, said he has had several run-ins with the law but is a great father.

"I'm not going to stand here and say that he's perfect, because who is?" she told the TV station.

"I couldn't believe it," Bindner said after seeing the video. "The first thing I said was 'they cannot do that.'"

The American Civil Liberties Union released a statement saying it is "deeply troubled by the video images" and applauding McMahon's call for an investigation.

___

Taxin reported from San Bernardino.

Abdollah can be reached at http://www.twitter.com/latams.

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