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Virginia cop faces assault charge for ‘horrible use of force’ on black man

#Virginia cop faces assault charge for ‘horrible use of force’ on black man

A white Virginia cop has been charged with assault after disturbing video caught him pressing his knee into the back of a black man — who yells, “I can’t breathe!” — and using a stun gun on him, according to reports.

Police Officer Tyler Timberlake was charged with three counts of assault and battery, Fairfax County Commonwealth’s Attorney Steve Descano said in a statement, according to the Fort Hunt Herald.

“We can all agree that the footage of this incident is unsettling. I want our community to know that we are pursuing charges that are in line with current law,” Descano said.

Body cam video of the incident released by Fairfax County police shows the man rambling as he walks in circles in the middle of a street at 1:30 a.m. Friday, at times asking for oxygen and detox treatment, the news outlet reported.

Police and Fairfax County Fire and Rescue Department paramedics encourage him to get into an ambulance to be taken to a hospital, but he continues to walk around aimlessly in the Mount Vernon neighborhood.

A person who appeared to be a medic tells the man, “I’m here to help you, so tell me what you need.”

At one point, Timberlake, an eight-year veteran of the department, uses a Taser on the man as the officer wearing the camera is heard asking: “Is he wanted [for arrest]?”

Timberlake then orders the man to roll over, puts his knee into his back and appears to use the Taser on him again after repeatedly telling him to relax during the struggle.

The officers and paramedics finally manage to pin the man down to be cuffed. He repeatedly says, “I can’t breathe,” at which point the cops roll him to his side.

The Fairfax County police chief, Col. Edwin Roessler, described Timberlake’s use of force as “horrible,” saying that now is meant to be a time for healing as a county and nation as he expressed prayers for the victim and his family.

“Our officers have goodness in their hearts and care about the sanctity of human life,” he said during a press conference Saturday.

“The video also erodes the public’s trust of police officers, not only in Fairfax County but throughout this world. These acts are unacceptable,” he added.

Descano said it was fortunate that the incident was caught on camera.

“We are fortunate that this technology was in use in the region of the county within which this incident occurred,” he told reporters, ABC News reported.

“Without it, I fear we would have had an unfortunately narrow and somewhat distorted view of what happened in one of our own neighborhoods,” he said.

Timberlake, who turned himself in to the Fairfax County Magistrate’s Office on Saturday, was released on a personal recognizance bond. He faces up to 36 months behind bars.

In a statement issued Sunday, Fairfax police said “the actions of the officer clearly exceeded the boundaries of law, policy and professionalism,” adding that the victim was “a man in crisis wandering around in the roadway.”

“As an officer attempted to deescalate the situation that was underway, Timberlake arrived shortly after and used force that is unacceptable,” police said.

“As part of the department’s internal investigation, Timberlake and other involved officers were immediately relieved of their law enforcement duties as police officers and placed on administrative leave.”

The other officers have not been charged.

The victim, who was treated at a local hospital and released, was “at home resting with his family,” the police chief said.

Fairfax County Board of Supervisors Chairman Jeff McKay said he was “angry” over the incident

“This has been a particularly hard couple of weeks for our community, and what we’ve heard tonight will make healing more difficult,” McKay said, adding that transparency and accountability are a “top priority” for the board, the Fort Hunt Herald reported.

“Though our department has come a long way to further those values, including the establishment of a Civilian Review Panel, hiring of an Independent Police Auditor, phasing in of body-worn cameras, and currently studying racial disparities in use of force cases by FCPD – clearly there is still work to be done,” he said.

“The Board will be joining the Chief, as we always do, in tough but needed conversations with our community and our Police Department to make sure Fairfax County continues the progress that people expect when it comes to police actions and community engagement.”

The incident comes amid widespread demonstrations across the country protesting police brutality and racism following the death of George Floyd, a 46-year-old black man, while in custody of Minneapolis cops.

In that case, white cop Derek Chauvin has been charged with second-degree murder, third-degree murder and manslaughter after he held his knee on Floyd’s neck for nearly nine minutes, prompting the victim to say he couldn’t breathe.

Chauvin, who has been fired, is set to make his first court appearance on Monday.

Three other former officers have been charged with aiding and abetting second-degree murder and aiding and abetting manslaughter.

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