Body cam video released in lawsuit accusing Merced police officers of excessive force
The attorney for a man who has filed a federal civil suit accusing Merced police of excessive force has released body camera footage of the altercation between his client and officers.
Police arrested William Colbert on March 12, 2018, outside the Merced ampm market on G Street and Olive Avenue. His jail photo from that night showed his right eye swollen shut and blood smeared around his face.
Colbert’s attorney says the video shows officers choking his client, who was handcuffed, and taunting him.
He has been charged with felony resisting arrest and misdemeanor counts of assault on an officer and vandalism. He says he was beaten unnecessarily by officers.
Colbert has filed a civil rights lawsuit against a slew of officers, the city of Merced and the clerk at ampm for an unspecified amount of money. His claim against the city was denied.
Merced Police Capt. Jay Struble said the department would not comment on the case, because Colbert has filed a federal civil rights lawsuit that is ongoing.
The department completed an internal affairs investigation, which found no wrongdoing by police officers, Struble noted.
Colbert, who was 39 at the time, said he entered a gas station in north Merced to buy a tea about 10:30 p.m. after just having left the hospital following an allergic reaction to medication.
The clerk and Colbert, who is black, had a disagreement related to the credit card machine before the clerk called police.
Colbert’s attorney, Patrick Buelna, said Colbert never threatened the clerk nor resisted arrest once police arrived.
“He’s committed no crimes. He’s basically making a customer complaint,” Buelna says. “To be quite frank, if this was a white dude, none of this happens.”
Buelna is an attorney for the Offices of John L. Burris, a civil rights firm that has handled a number of high-profile cases.
What the video shows
Buelna noted in the Merced video, the officers never ask Colbert about what is happening or attempt to get his side of the story.
“It’s insane. People make customer complaints all the time,” he said. “Because this is a black man, he’s (treated as) the aggressor. All he wanted was the money back on his card for the tea.”
The footage released by Colbert’s attorney is from the body-worn camera of Officer William McComb, who is white. “I’m going to break this f---ing arm if you don’t relax,” the officer says during the arrest.
Colbert had a dislocated thumb after the arrest, his attorney says.
Colbert can be heard in the video telling the officer he was just at the hospital. McComb responds by saying, “And you can go back quite easily.”
After he’s placed in the patrol car, Colbert can be heard kicking the door. Buelna defends Colbert kicking the inside of the car, saying anybody’s temper would flare up after being mistreated by police.
“All the issues of being black in America cascades,” Buelna said. “He’s done nothing wrong and the officer essentially breaks his thumb, threatening to put him in the hospital.”
Multiple officers then pull Colbert from the car and it’s unclear in the video what they are doing.
‘I can’t breathe’
Colbert has said the officers were kneeling on top of him and he feared for his life. “I can’t breathe,” he says repeatedly in the video.
After the arrest appears to be over, McComb calls Colbert “a punk” before closing the patrol car door.
At one point, the officer is seen grabbing the handcuffed Colbert around the throat. Colbert says the officer was choking him.
“Once he’s handcuffed and the officer decided to choke him, even if you’re a cop lover, how can you justify that?” Buelna said.
Not all of the allegations listed in the lawsuit appear in the video.
For example, Colbert claimed a second beating took place at the Merced County Jail, resulting in his bloodied jail photo.
Buelna says he saw footage of officers tackle his client in the jail, in an area with surveillance cameras. He said Colbert was then pushed through a doorway into a room without surveillance cameras.
The Merced County Sheriff’s Office, Merced Police Department and Merced County District Attorney’s Office have all previously denied requests for surveillance and body camera footage.
Colbert’s criminal case is set to be heard again in Merced County Superior Court on June 23. The federal civil rights lawsuit is on pause until after the criminal case is heard, Buelna said.
Colbert has also been charged in a felony domestic violence case in July 2018 and a misdemeanor charge of making threats in May 2019, each after his March 2018 arrest, according to court records. He’s pleaded not guilty in both cases.
He was convicted of a felony stalking charge in 2010 and a misdemeanor charge of making threatening phone calls from 2007, records show.
