Suspect in car arrest behaved poorly, NAACP says, but police still used too much force
UPDATE: The Raleigh chapter of the NAACP acknowledged Saturday that Braily Batista, whose arrest after being pulled from behind the wheel of a car was captured on video, behaved poorly, but said Raleigh police officers used excessive force in responding. According to ABC11, The News & Observer’s newsgathering partner, chapter president Gerald Givens said at an afternoon press conference, “It is clear that all parties involved needed to behave just a little bit different.”
But Givens said the young man’s actions did not present a danger to the officers.
Previously:
Raleigh police released body-camera video Friday of two officers grabbing, punching and kneeing a man, who is shown ignoring three orders to “put your hands on the steering wheel” while folding money in his lap, an unlit cigarette in his mouth.
“These videos are difficult to watch and are concerning,” Police Chief Cassandra Deck-Brown said at a news conference. The Police Department sought court permission to release the footage after a video shot by a passenger inside the car went viral earlier this week.
Dealing with suspects gets complicated because it is difficult to see what occupants inside are doing, Deck-Brown said.
“The vehicle represents the unknown,” she said.
White Honda Accord
On Tuesday, officers pulled over a white Honda Accord driven by 22-year-old Braily Batista on Navaho Drive, responding to reports of a car fleeing a hit-and-run accident. The car’s rear windshield is missing, and the frame around it is dented.
As the officer opens the door, the first officer tells Batista to “Turn off the vehicle, man,” which Batista does without saying anything. Batista continues to fumble with what appears to be several bills in his lap, cigarette in his mouth, while the officer’s demands grow louder.
The video then shows the first officer grab Batista around the arm and pull, placing another arm around his neck before a second officer joins.
“Why you beating me?” Batista says as the officers wrestle him out of the car.
Later in the video, as he is shown on the ground with blood under his head, an officer says, “Don’t resist next time.”
Video posted on social media
On Wednesday, a video shot from the back seat and posted to social media showed Batista getting kneed in the ribs, punched in the back and dragged out of the car. He was taken to a hospital before being charged, and said he received numerous stitches in his face. In both videos, his face and arms are bloody, sparking protests in Southeast Raleigh and calls for a police oversight board.
Batista was charged with several misdemeanors, including hit and run, possession of marijuana and resisting arrest.
On Thursday, he told The News & Observer, “They hit me so bad I forgot everything.”
Wake County District Attorney Lorrin Freeman has said she will not ask the State Bureau of Investigation to investigate the officers’ actions.
The Police Department’s Office of Professional Standards will conduct a criminal investigation and present Freeman with its findings — standard practice with all accusations of excessive force. At the end of that investigation, she could decide whether the officers broke the law in dealing with Batista.
Deck-Brown would not comment on whether what Batista did constitutes resisting arrest. However, she said such situations can be avoided if people comply.
“When given a direction by an officer, please follow it,” she said. “Compliance and cooperation is so important during these types of situations.”
This story was originally published January 17, 2020 at 4:13 PM.