Española family accuses state police officer of brutality

Posted at: 08/31/2013 9:15 AM
Updated at: 08/31/2013 9:26 AM
By: Nicole Brady, KOB Eyewitness News 4

An Española family is accusing a state police officer of brutality, saying he Tasered several of their family members and pushed their 76-year-old grandmother earlier this month.

KOB Eyewitness News 4 obtained the police dashboard camera video of the incident. State police officer Nicholas Levine said he confronted Richard Martinez because he appeared to be drunk and acting aggressively. Then, he said Martinez became physically violent, so he deployed his department-issued Taser.

In the video, the officer is heard ordering Martinez to walk toward him. Then, the sound of a Taser is heard and his family members scream.

Martinez's grandmother approaches the officer and he said he put up an arm to block her. The woman falls to the ground in the video and a family member screams that the officer threw her grandmother.

Martinez tries to assist his grandmother and accuses the officer of breaking her arm. He continued to resist arrest until another officer responded to the scene and got him into handcuffs.

Levine charged Martinez with battery on a peace officer and resisting arrest, but a judge dismissed the charges because the officer did not have probably cause.

State police sent KOB a statement, saying the officer acted appropriately when confront by numerous non-compliant suspects.