Crime

Feds indict NC officer, alleging he violated people’s rights with Taser misuse

Federal officials have indicted a former Warrenton officer, charging him with three counts of depriving people of their U.S. constitutional rights by using excessive force.

Mark Oakley is a former officer for the town who was fired on March 25, 2024, following an internal investigation related to his use of Tasers. Despite his termination, Oakley continued to work for the town of LIttleton as a part-time officer.

The April 2 federal indictment states that Oakley violated one person’s rights when he deployed a Taser in drive-stun mode, pushing probes directly onto the person’s chest and leg while the person was handcuffed in the back of a patrol vehicle. That was “without justification,” the indictment says.

In an image taken from body camera footage released by the Warrenton Police Department under court order, former officer Mark Oakley approaches Dwayne Hicks during a second stop on Sept. 20, 2023, this time with his weapon drawn.
In an image taken from body camera footage released by the Warrenton Police Department under court order, former officer Mark Oakley approaches Dwayne Hicks during a second stop on Sept. 20, 2023, this time with his weapon drawn. Warrenton Police Department

In a second instance, Oakley used a Taser on a man while he was standing still with one arm raised, and then a second time while he was lying on the ground and putting his hands behind his back, the indictment states.

In the third instance, Oakley used his Taser twice on a woman who did not pose a threat. Oakley used the Taser to get the person to get out of a car “when she wasn’t posing a threat” and a second time while she was on the ground, the indictment states.

The indictment doesn’t mention the names of the individuals.

In February 2024, the State Bureau of Investigation started investigating whether Oakley used excessive force in three separate incidents, including using a Taser on individuals who weren’t actively resisting.

The investigation started after Warren County District Attorney Mike Waters asked the SBI in early January 2024 to look into complaints of Oakley’s improper use of force, court documents state.

SBI Special Agent C.R. Cloutier obtained three videos and collected statements that supported allegations that Oakley used his Taser improperly, Cloutier states in an affidavit.

Oakley used his Taser “before utilizing de-escalation tactics” and didn’t appear to be in “immediate danger or physical harm,” according to court documents. He used his Taser on people who were not actively resisting arrest, Cloutier’s statement said.

Dwayne Hicks stands before a microphone in front of Littleton Town Hall during a September 2024 press conference.
Dwayne Hicks stands before a microphone in front of Littleton Town Hall during a September 2024 press conference. Virginia Bridges

Lawyers for Warrenton resident Dwayne Hicks successfully sought the public release of body-camera footage involving Hicks being pulled over by Oakley. Oakley used a Taser on Hicks in 2023.

Hicks opened the driver’s side door of his black Toyota 4Runner and ignored Oakley’s repeated demands that he stay in his SUV. Instead, he walked — unarmed — toward Oakley, his smart phone in hand during the Sept. 20, 2023, encounter.

“Turn around and put your hands behind your back,” Oakley yelled, pointing his Taser at Hicks with one hand and pushing Hicks toward the SUV with his other.

Within 35 seconds, Oakley activated his Taser the first of two times into Hicks’ back with no verbal warning. Both times Hicks collapsed on the ground.

A federal court ruling says officers may only use their Taser on individuals when they pose a danger to themselves or the public.

Hicks’ attorney, Gagan Gupta, said the video made clear that neither was true during the encounter, The News & Observer previously reported.

This is a developing story that will be updated as more information is available.

This story was originally published April 9, 2025 at 7:46 PM.

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Virginia Bridges
The News & Observer
Virginia Bridges covers what is and isn’t working in North Carolina’s criminal justice system for The News & Observer’s and The Charlotte Observer’s investigation team. She has worked for newspapers for more than 20 years. The N.C. State Bar Association awarded her the Media & Law Award for Best Series in 2018, 2020 and 2025.
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