Nearly two years ago, San Diego police shot beanbag rounds and released a K-9 on an unarmed man. Friday, a judge ordered the city to release the footage and reports to the public.
The city paid nearly $900,000 to Marcus Evans to settle allegations of excessive force. The San Diego County District Attorney declined to prosecute the officers involved.
Despite public outcry and public records laws, the city never released the incident records. So the First Amendment Coalition sued.
According to the city attorney arguing against the release in court, discipline — if any — has not yet been decided for the officers involved.
The attorney also argued the incident was not “critical” — that there was no serious bodily harm or firearm involved, despite the officers using a standard issue shotgun to fire lead-filled bean bag rounds at roughly 150 miles per hour and a K-9 latching onto his arm and jerking it from side to side. According to Evans’ complaint, he suffered a broken shin bone, bruised ribs, tendon damage and significant injuries to his left arm.
The city’s attorney also objected to the medical records documenting his injuries, calling them “hearsay” and claiming they “lack authenticity.”
The judge dismissed those arguments.
“Whether you agree that this use of force was justified or unjustified, there's no question it was a highly significant and controversial event,” said David Loy, First Amendment Coalition’s legal director. “And this is precisely why the people have a right to full disclosure. Because in a democracy, the people depend on telling the full truth to be able to hold the government accountable.”
The judge ordered the city to release the records by July 17.
“If you don't want people to think you have something to hide, then don't hide it,” Loy said.
