Leonard Garcia, a grandfather, recently filed a lawsuit against two police officers who reportedly manhandled and used a stun gun on him in his house in Buda, Texas, on Jan. 21, 2016 (video below).
According to Garcia's lawsuit, Officers DeMerriel Young and Kellie Metz, as well as a Child Protective Services case worker, came to his home to remove his wife’s two grandchildren, notes the Austin American-Statesman.
Garcia and his wife were caring for the kids while CPS investigated the mother.
Police body camera video shows the officers entering the home, and Young explaining that the children are being taken into CPS custody. At one point, Garcia gets up from his chair, and takes off his sweater.
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Young tells Garcia to have a seat several times, but Garcia insists that it is his home. Young and Metz wrestle the senior down on a couch, and almost hit a child in the process.
Garcia tells the officers to leave if they do not have a warrant. While Garcia appears to be held down by Young, Metz fires her stun gun and Garcia wails in pain. A third officer jumps on top of Garcia to handcuff the man. Metz demands that Garcia calm down, and then screams at a woman, "Get her back in here with that kid, right now!"
Garcia was charged with interfering with public duties.
In his lawsuit against Young and Metz, the Buda Police Department and the City of Buda, Garcia says his Fourth Amendment rights -- search and seizure -- were violated.
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Garcia’s attorney, Robert Ranco, explained to The Free Thought Project what his client was feeling during the incident:
What we can glean … [was] he was agitated … but that is a difficult situation that’s a far cry from being somebody about to do something violent against the police officer ...
The part that makes this more interesting it’s that this is the second federal lawsuit I’ve filed against him (officer Demario Young and the City of Buda police department). That fact, alone, ought to raise some red flags.
Ranco is representing 73-year-old, Juan Martinez, who was taken down to the floor of a Wal-Mart by Young in 2014. Martinez reportedly suffered broken ribs in that incident, which was filmed and went viral.
"My understanding is that [Young] hasn’t been disciplined or suspended in any way," Ranco told the Austin-American Statesman. "That should certainly perk up some questions. Do they recognize they have an issue? The only thing [my clients] are guilty of is not jumping when he says 'jump.'"
Ranco told KVUE that he had Young on video in both incidents:
In both of these situations, Officer Young comes into either a home or into the Wal-Mart, neither man has been suspected of any wrongdoing ... I have two cases and two videos of Officer Young using excessive force against two citizens. Are we to think that those are the only two for Officer Young? The only two for the city of Buda?
The Buda Police Department declined to comment to KVUE or the Austin American-Statesman.