Disturbing police bodycam footage shows a man being violently tasered and pepper sprayed in his motel room.
Luke Arthur Marsh, 39, was arrested at the Watson, Canberra motel last November after officers told him he had violated the peace.
Magistrate James Stewart acquitted Mr Marsh on Wednesday of a charge of resisting an official in the ACT Magistrates Court where the footage was played.
Mr Marsh was pinned down by several officers before being tasered and sprayed.
Then he repeatedly shouted ‘I can’t breathe! I can not breathe!’.
Luke Arthur Marsh, 39, was arrested last November at the motel in Watson, Canberra, while officers told him he had violated the peace. He was tasered and sprayed with pepper spray
Police were called to the motel by paramedics who said a man who appeared to be intoxicated yelled aggressively at them while they treated another patient.
Paramedics said they saw the man walking toward the motel’s parking lot, where Mr. Marsh was spotted by police.
In the footage, the officers stand outside Mr. Marsh’s room and ask him to open the door.
He yells “f**k off” as a cop tells the man he’s “gravely concerned that you’re continuing to act on a violent case.”
The officers then warn Mr. Marsh that they are going to smash in the door.
Moments later, the officers are given a key to unlock the door and push past a bicycle that Mr. Marsh had put down to barricade himself inside.
“You’re dealing in a violent case and you’ve been since we got here,” the officer yells at the man.
Mr Marsh was arrested by multiple officers. He asked why he was arrested and was acquitted on Wednesday of charges of resisting an official
A scuffle ensues when officers arrest Mr. Marsh, who is told to lie on the floor and place his hands behind his back.
The man asks why he was arrested to which an officer replied that it was for ‘breaking the peace’.
Mr Marsh is then tasered multiple times and pepper sprayed in his face.
“Come on, my god, what is this?” he shouts.
“I can’t breathe,” he says over and over and the officers cough as the stream fills the room.
Defense attorney Daniel Turner said police only assumed Marsh was the man who yelled at paramedics for being nearby at the time, according to court documents. Canberra Times reported.
He said it could not be proven that the 39-year-old was the one who violated the peace.
The confrontational footage shows Mr Marsh being tasered and pepper sprayed by the police. Magistrate James Stewart described the images as ‘disturbing’
Magistrate Stewart agreed, saying there was no evidence in the footage to suggest that Mr Marsh had been violent.
He acquitted Mr Marsh of the resistance charge and said he was concerned an officer was holding his taser before entering the room.
He also found that the police were not acting in their capacity to enter his room, as they could not determine that he was the one who broke the peace.
Stewart said police should review the footage for training purposes.
“Those images need to be looked at and re-watched, and I don’t really want to do that,” he said.
“I found it disturbing.”
ACT Policing said it had noted Mr Stewart’s comments about the footage.
“The circumstances of this arrest have been referred to AFP Professional Standards for consideration,” it said.
“ACT Policing has robust training and assessment systems in place and if operational issues are identified there is a range of options available to ensure those issues are addressed.
“Anyone who is concerned about the behavior of an agent can file a complaint via the AFP website.”
Source: New feed