Virginia white officer charged after he used stun gun on black man who cried out "I can't breathe!"
A Virginia police officer will be jailed for three years after he arrested the black man with using a stun gun who cried out, “I can’t breathe.”
There is a bodycam footage showing a Fairfax County police officer Tyler Timberlake using a stun gun on the man without provocation. The footage is dated Friday, June 5. Chief of Police Col. Edwin Roessler Jr. said that Timberlake, 8-year veteran of the force “violated the department’s use-of-force policies and committed “criminal acts.”
An attorney for Timberlake told CNN on Sunday that he had just started reviewing the case and would not be commenting at that time.
"We can all agree that the footage of this incident is unsettling," Descano said. "I want our community to know that we are pursuing charges that are in line with current law and supported by the evidence with which we have been presented."
"However," he said, "I also appreciate that this may not immediately reconcile our feelings about what we see."
Timberlake faces three charges of assault and battery in connection with the incident and he is facing up to 36 months in prison, Descano said.
The footage shows a man, whose name is not publicized, disorientated and incoherent walking on a residential street when the officer arrives. One of the arrived EMTs asks the man if he needs oxygen and tells the man that he is there to help him.
"Just tell me what you need," the EMT says.
But the man is walking in the other direction when the officer and EMT are trying to convince him to get into the ambulance.
The man appears to tell them he wants to go to detox, but as the officer and EMT try to convince him to get into the ambulance, the man walks in the other direction and continues to walk in circles.
Just a moment passes before another officer is walking toward the man before suddenly shooting him with a stun gun as the man turns. The victim yells and drops to the ground. The second officer kneels on the man’s back as he cries out. The officer strikes the man’s head left side and then places the stun gun on the back of his neck and activates it.
The man begins to struggle with officers, saying, "No, no." As he struggles the EMTs help the officers hold the man down and police handcuff him.
"I can't breathe, I can't breathe," the man says as the officers get off of him and step away.
Timberlake was charged that evening, Descano said.
"Without it I fear we would have had an unfortunately narrow and somewhat distorted view of what happened in one of our own neighborhoods," Descano said.