Arrest of Encanto man caught on camera prompts excessive force complaint

The San Diego Police Department faces a new complaint of excessive force. It comes after the arrest of an Encanto man was caught on camera.

The incident happened at around 11:30 p.m. on Friday while officers were responding to a report of domestic violence involving a gun.

Marcus Evans stood before San Diego police with their guns drawn.

“I have no nothing. I have no weapon,” he can be heard saying in the video.

Evans walked out of his Duluth Avenue home wearing only shorts — no shoes, no shirt. He raised his hands to demonstrate he also had no weapon.

When Evans took a seat on the retaining wall instead of complying with police commands, officers warned he would be shot.

Police fired a bean-bag shotgun round at Evans, hitting him in the ribs. He went to the ground but still refused police commands.

Then came a second round.

Police released a K-9, then called back the dog.

“I think the less lethal use of force was used as a punishment,“ justice advocate Yusef Miller said.

Miller, the North County Equity and Justice Coalition director, says the video has been passed among justice advocate community members.

“This person is unarmed. This person is out in the open where he should be. All the videos are on him, and they still used that force,” Miller said.

The arrest was not still affected after two bean bag rounds. There was a third, less lethal round fired.

The K-9 then bites Evans’ left arm.

“When you go to a scene like this, consider yourself like a fireman. You’re not going with a can of gasoline. You are going with water to put out fire. I see a lot of gasoline here,” police procedures consultant Roger Clark said.

Clark has testified in 1,300 excessive force investigations. He says, whether the force is less lethal or lethal, there is a credible threat threshold that must first be met.

In this case, Clark says Evans was no threat.

“'If you don’t do this, I am going to beat you into submission' is what they are doing. 'I am going to use this bean bag, and I am going to hurt you,'" Clark said.

Police say Evans was arrested on suspicion of assault with a deadly weapon.

In part of an emailed statement, SDPD spokesperson Ashley Nicholes wrote: “Video of this situation, as with many uses of force, was likely difficult for some community members to watch. We understand that and are committed to doing a thorough investigation, which, once completed, will be reviewed by the Commission on Police Practices.”

NBC 7 spoke with Evans’ family members, who did not want to talk on camera but say they have contacted an attorney.

Justice advocates are demanding officers involved be put on leave until a thorough outside agency investigation is complete.

Police tell NBC 7 Evans was treated at a local hospital for his injuries then released from there.