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Rocklin Police Accused Of Brutality At NYE Party

ROCKLIN, Calif. (CBS13) -- A man arrested for domestic violence at a New Year's Eve party claims officers used excessive force and beat him needlessly, but officials say police used necessary force.

Video taken by a bystander shows officers holding suspect John Banks in a fountain at the Rocklin Mercedes-Benz dealership during a holiday party and striking him at least four times.

Another bystander, who asked not to be identified, can be seen stepping in and asking officers to stop, with little effect.

Banks said officers pounced on him when he moved toward his girlfriend while they were arguing loudly.

Banks said officers "did a number on me" and called the incident an example of police brutality.

"I was never resisting, I was on the ground," Banks said. "They took me to that water fountain, tasered me in the water and took their time beating me."

Banks claims his only movement was to pull his head out of the fountain's water.

"I was drowning and then I had to put my head up and they were still hitting me," he said.

Police said the video shows an appropriate use of force, but doesn't record the commands officers gave to Banks.

"I'm seeing there's an individual that's resisting arrest and I'm seeing the officers effecting an arrest," said Rocklin Police Lt. Lon Milka.  "They're using the force necessary to effect that arrest and get him handcuffed."

Lt. Milka said Banks was not held underwater and repeatedly refused to comply with oral commands.

"Between each strike, the officers were saying, 'Put your hands behind your back, stop resisting,' and that's what did not occur," Milka said.

Officers eventually took Banks into custody and booked him on a domestic violence charge.

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