Attorneys filed a claim with the city of San Diego Wednesday accusing police of excessive force on behalf of a man struck by beanbag rounds and bitten by a police dog in Valencia Park.
The representatives, who held a news conference at the department’s Southeastern Division before submitting the claim, contend that Marcus Evans, 31, was unarmed during the encounter last month.
Evans’ arrest left him with injuries that have prevented him from being able to work at his construction job, according to his attorneys, who allege he was shot while complying with officers.
After he was initially struck with a beanbag round, the attorneys say he fell to the ground, where he was shot two more times.
Video footage of the arrest, which was captured by a freelance photographer, led to a formal complaint against the department, which said last week that it had launched an internal investigation.
Evans “posed no threat to the officers, yet SDPD officers deployed multiple attacks upon him, resulting in harm,” according to the claim.
A claim, which will be reviewed by the city’s Risk Management Department, is typically filed as a precursor to a lawsuit. Evans’ claim labels the damages he’s seeking “to be determined,” based on current and future costs, but in excess of $25,000.
Officers initially responded just before midnight Oct. 25 to a Duluth Avenue home following a report that a man in the area had threatened a woman with a gun.
They encountered the suspect, who was shirtless, barefoot and only wearing shorts, as he exited the home.
Department officials alleged Evans was “repeatedly ordered” to surrender, but he didn’t, leading officers to fire three beanbag rounds and deploy a police dog.
Evans, though he was arrested on suspicion of assault with a deadly weapon and resisting arrest, was not booked into jail and charges have yet to be filed. No gun was located at the scene, officials said.
The man’s attorneys, whose account differs regarding the number of police dogs deployed, say that when the first beanbag round was fired, their client had his hands raised while telling officers he was unarmed and not resisting.
The first shot struck him in the abdomen, causing him “immediate injury” and sending him to the ground, where he lay in the fetal position, they said. With his hands still raised, a second beanbag round was fired and a dog was sent in, making “contact with Mr. Evans.”
The attorneys say a second dog caused Evans “severe bite injuries” before he was shot with a final beanbag round, though he was “not displaying any threatening behavior.” In the claim they wrote that “his left arm was mauled by the K9 unit.”
Attorney Dante Pride said in a statement, “This lawsuit represents a call for accountability and justice in cases where officers resort to excessive force, compromising public trust. The San Diego Police Department has a duty to protect, not harm, the communities it serves. We will pursue justice for our client and seek measures to prevent incidents like these from happening to others.”
The department did not respond to a request for comment on the attorneys’ allegations.
Earlier, police Chief Scott Wahl said “we are already in the process of conducting a thorough review of the incident.” The department added that state, federal and city officials would monitor the internal investigation.
City News Service contributed to this report.
