New video provides evidence of excessive force in Kingston arrest, say local activists

Local activists say cell phone video recorded during a 2015 arrest includes new evidence that police used excessive force during the 2015 arrest of Fabian Marshall, 27, of Kingston.

“The Kingston officers involved in the arrest must be held accountable for their extreme use of force,” said Callie Jayne, lead organizer for Citizen Action of New York.

The incident took place in September 2015.

A video posted to the group’s Facebook page shows Kingston Police Officer Jeremy Arciello approaching Marshall on Broadway, and asking him to step onto the sidewalk. Marshall replies by asking the officer why several times. The officer replies that Marshall was involved in “an incident,” then begins pushing Marshall in the direction of the sidewalk. The two go back and forth. Once on the sidewalk, the video switches to the cell phone footage. We hear the officer ask Marshall why he keeps walking away from him, then “You know what, I’m putting you in handcuffs.”

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The officer then wrestles Marshall to the ground, at which point the video from the phone goes dark, but the audio recording continues. He calls for backup. The officers demand Marshall roll over and put his hands behind his back or he’ll be tased. A female witness, who identifies her herself as Marshall’s aunt, is heard begging the officers to stop. Officers order her to back up, the tasing begins, Marshall yells, and the officers repeatedly tell him to stop fighting. None of this can be seen.

Later, another member of the police department picks up the phone and we see Marshall on the ground. He says “We can lock up whoever we want.” Another says, “Take care of the phone, quick.”

According to Citizens’ Action, Marshall was convicted last Friday of obstruction of governmental administration and will be sentenced in January.

Whether the cell phone video includes evidence of excessive force may depend on one’s definition of the term.

Marshall appears not be a threat to the officer, but also refuses to comply with the officer’s requests. Some will look at this and say, “If he only did what the officer asked, this wouldn’t have happened.” If officers aren’t allowed to control a situation to question a suspect, and can’t physically restrain someone who isn’t complying, they won’t be able to effectively patrol the streets. So the argument goes.

Others will watch the same video and see an innocent man being harassed because of the color of his skin, then tased when he dares to question why instead of meekly accepting it.

Earlier this year, Kingston Police were accused of using excessive force in another arrest. In July, Adrin Brodhead, 24, was pepper-sprayed and tased during the course of an arrest for having an open container of beer on Broadway at around midnight.

Kingston PBA President Barry Rell, a KPD sergeant, speaking in an article about that incident, described the feeling among police officers in the age of ubiquitous video. He said officers increasingly feel caught between demands by the public and their superiors to enforce the law and the fear that doing so could endanger their careers.

“Officers right now are afraid to go out and do their jobs,” said Rell. “Nobody wants to go through a disciplinary hearing or a trial or a federal investigation over something that started as a guy walking down the street with a beer. At the same time we still have residents who want those laws enforced and a command that wants us to enforce them.”

 

Warning: Video contains language and violence which may disturb some viewers.

 

There are 33 comments

  1. John L

    I am appalled by this officer’s brutality and his completely unprofessional behavior, and his automatic assumption of guilt. I DEMAND that this Police Officer’s badge, gun, pension, and benefits all be permanently taken away from him. He is a disgrace to his department, and he has absolutely no business working a public servant. This type of behavior is COMPLETELY unacceptable.

    1. Don't listen to stupid Liberals.

      DEMAND all you want. This citizen did not comply with the officers directions and got what he deserved. Next time listen and you won’t be tased…

      1. Paul Escudero

        Anyone who identifies as liberal or conservative is a simpleton and a fool who has voluntarily relinquished their ability to think for themselves and to see or speak the truth about issues. I have new for you everything you dislike and don’t agree with is not “liberal” but since you have used it as insult do us all a favor and define liberal or liberalism in the political sense right now or show the public what sort of person, and citizen you actually are. Using liberal insultingly and being unwilling or unable to define it are the hallmarks of trash that are unworthy of citizenship in this country. Prove that you are worthy and define it for us right now. Americans do not have to choose from one of only two opposite extremes.

      2. vad

        Citizens are not obligated to comply with the police. You won’t find a law anywhere saying that anybody has to follow anybody else’s commands, officer or not. The only exception is drivers following commands of an officer regulating the traffic. If officer faces noncompliance, he has the freedom to gain it by force, which they did. However, making them do that is not a crime, so the obstruction charge is ridiculous and should never happened. They were supposed to find out what they wanted by applying whatever force was required, and let him go once they found it was not him. Note that resisting charge did not work, because it was not an arrest yet – so he did have the right to resist. Saying that his resisting prevented the cops from finding the true criminal is the travesty of justice, and the fact that 12 jurors unanimously voted for this absurd only shows how corrupted the whole system is.

        Obstruction happens when someone prevents the officer from something the officer is doing by himself – blocking his way, damaging his equipment, giving him false information. But causing him to do something is not.

    2. vad

      You DEMAND all that after Marshall was found guilty by unanimous verdict of the jury that he obstructed officer’s search for the true criminal by arguing that it was not him?

    3. James

      Zero compliance from the “victim”. All justified. All he was required to do BY LAW was return to the curb, identify himself and let the officer who was investigating a crime ascertain as to if he was involved. Bunch of ignorant cry babies. Learn the law and have some respect.

      1. Logan

        Learn your rights you don’t have to identify yourself just because police tell you to, patriots fought and died to give us freedom how about you read the constitution and Bill of rights….

  2. JamaicaonHudson@gmail.com

    I await the apologies for torturing this man (who’s only crime was walking-to-work-while-Black and wearing red shorts).

    I await the calls for the officers’ resignations.

    I await the New York Post writing a piece condemning a man being electrocuted 21 times at the hands of those sworn to protect and serve.

    I await the tweets by the deputized progeny of false idols (and their minions).

    I await the personal attacks, and the insults, and the threats…

    I await the Op-Eds praising the victim’s restrain and strength.

    Thing is, the longer the silence, the greater the hypocrisy.

    I await a day when that doesn’t exist.

  3. Kenny F

    Dear Stupid President and his stupid cult followers,

    THIS is why football players and other athletes are taking a knee during the national anthem. It has nothing to do with the flag, nor the troops, nor their patriotism.

    It has EVERYTHING to so with exactly what you see in this video.

  4. holly Homan

    we have residents who want black people out of their neighborhoods. Get real. To this officer all black people must look a like. My son’s best friend is black and he was once grabbed by the police because a burglary had just happened near where he happened to be. They dragged him to the victim who said he wasn’t the perpetrator so he was let go. They all look alike. Afraid to do their jobs, my left eyeball. Doing your job doesn’t mean you get to harass any black person. If this were a frat boy, lily white, he wouldn’t have been treated the same. Even if this young man sues, the cops will be exonerated. They always are because black lives don’t matter.

    1. JamaicaonHudson

      Correction: Black Lives Matter–regardless of whether recognized by others. Life, in every form, has an intrinsic (and undeniable) value. Anyone who says otherwise, or attempts to denigrate life based on immutable characteristics is absolutely WRONG.

      I’m a person who believes in justice completely–no matter the wait, it always comes.

    1. Kenny F

      We don’t live in a police state (yet). The soon-to-be-ex-officer gave the man clear answer as to why he was being approached by law enforcement, despite asking his several times.

      All the officer had to do was listen to (and answer) the INNOCENT CITIZEN, rather than escalate the situation by saying “because I said so” instead of giving a clear answer why. Perhaps the officer would still have a job.

      It’s not rocket science, racists.

      “Why can’t those thugs just behave and get a job?” you white-privileged, racist assholes ask…The man was standing there WAITING FOR A RIDE TO HIS JOB. What the fuck else do you want?

    2. Kenny F

      All the officer had to do was listen to the person he was confronting (rather than be the judge, jury and executioner) and he perhaps would not ended up as yet another example of sadistic, overzealous police abusing innocent people of color. Now, if there is any justice left in Trump’s America, we’ll have a couple more “bad apple” ex-cops off the beat.

      It’s not rocket science people.

  5. Mike Holmes

    “Officers right now are afraid to go out and do their jobs,” …Well good. We want these police to be afraid. Fear is what motivates you to do a good job. I’m scared of losing my job, so I follow the rules. They should too.

  6. Tim

    Terrible. The cop never articulated that the dude was being stopped and being detained. He just started bullying the dude without probably cause. That cop and this force clearly hates the Constitution which makes them as anti-American as the football players kneeling. Just because a cop tells you to goto the sidewalk does NOT mean you have to do everything a cops says unless they are LEGALLY detaining you for committing a crime. Standing there has no probably cause.

  7. Justice

    Disgusting abuse of power. The profanity alone is disturbing…you try talking to a police officer like that and see what happens to you.The officer said how is feels about arresting anyone he wants and it is true. What happened to ‘serve and protect’? The police work FOR the people…taxpayers pay their salaries. And using his taser in this poor guy 21 TIMES IS ABUSE. JUST HORRIBLE. This shouldn’t go unpunished. If it does, it is more proof of corruption and the ‘haves’ vs the ‘have nots’

  8. Paul Justice

    Tasers should be used only to deal with a combative suspect. This victim was innocent and non-combative. He simply wanted to know why he was being detained. He had a right to know. Had the officer treated him with respect he would not have resisted his wrongful detention. The officer should have been fired in 2015. What a travesty.

  9. Mnyama B. Black

    These people should be afraid to go out… very afraid…. They can’t keep treating people that way and no one does anything…

  10. Liz Baker

    Mr Kavanagh made a comment to the press and here it is , basically Fabian should have dealt with the plea they were nice enough to offer, BUT he didn’t because. “HE Thought he had a Civil suit and SAW DOLLAR Signs”” says Kavanagh .
    Mr Kavanagh you are clearly grasping at straws and so used to bullying , downplaying and taking the light off The FACTS , that you don’t even tap into a small portion of your brain to think before YOU speak. Let me help you
    Fabian was offered A Complete Conditional discharge free an clear he could’ve ran with that and STILL had a Law suit and YOU know That so knock off the Sideshow. Your clearly missing the point and the purpose OR Simply IGNORING IT , as your known to do . Using the good ole boy tactics to completely sidetrack a REALITY that has become the norm in Kingston has gotten old and so is YOUR time as a leader we ARE Going to get justice so relax don’t get jammed up you make yourself look guiltier when you Chime in with NO mention of the Truth YOU do KNOW .
    Be easy lights are ON No dark rooms here

  11. Jim

    Like most videos that are in the press all the man had to do is get on the sidewalk and talk calmly to the officer. Instead he refused to. Right away he needed to get out his cell phone. I’m tired of the liberal agenda that is happening inthe United States. If he was respectful to the officer instead of acting the way he was none of that would have happened. It could have been cleared up and if he wasn’t involved he would have been on his way. People with their phones are constantly looking to create a scene with the police . it would be interesting to know if he has a criminal background. Judging by his actions I’d say that isn’t the first time he’s been in cuffs.

    1. Not so fast

      Actually cell phones are used because a number of police(not all) have shown that there is an underlying culture of racism in police forces across America. People have more power than they used to. The police used to be able to do whatever they wanted and the citizen had no proof so most of the time accusations disintegrated. You are right. He should have stepped to the side and answered his questions and let that transpire. Afterwards if he felt discriminated against, take the proper action. However have you asked yourself why you don’t ask for the same respect from the police officer? He clearly escalated the situation. There are rights for a reason and the police officer is responsible to uphold the law while respecting those rights. I actually don’t think this is a racist police act, I know white folk in Kingston treated the same way. I think it’s a situation where maybe the dept should re educate the force. Tazing someone 21 Times is borderline assault that could have caused an accidental death . He is heard on the video saying please cuff me and the cop was concerned about the phone. Sounds to me he was already worried he didn’t go about it right . There was a big story about the Tazer companies withholding info of the dangers and limits to using them. I dont remember the number but it wasn’t much higher than 20 if at all.

  12. Reg Merchant

    That cop had the wrong approach from the get-go. Obviously, he believes all cops are above the law. (The statement “We can lock up whoever we want” testifies to his bravado.) This is scary stuff and something must be done so this doesn’t happen again.

  13. truth and honesty

    Demand protest yell argue all you want to its clear the office when he arrives is in control he is also responsible as a first responder if this man gets hit by a car he is held accountable all he said was” step on the side walk” but all he got in return was f$%% this and that. i have a few questions for the man who was beaten by the police
    1- you say you were waiting for a ride to work in the middle of the street you had to wait?
    2- why not just step on the side walk is it made of lava?
    3- this is officer us race or creed i didnt see that
    4- red shorts you started the fight its clear!
    5- as your parents always said red shorts “if you didnt do anything wrong then come on lets hear it then you have nothing to worry about…
    6 by the looks of the video you have to of lived near because the lady kept saying my nephew so maybe her house you couldve waited at?
    police brutality is so overrated cops only want to shoot black people no shots fired in this video? there are 9 assholes and fake thugs to every 1 officer in kingston i have more nonsense from the persons in kingston than you can imagine trust me so the officer did what he had to do

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