Mom Says Stockton Police Used Excessive Force By Deploying K-9 On Disabled Son

STOCKTON (CBS13) — A Stockton mother is taking a stand, saying police used excessive force when they deployed a police dog to arrest her 18-year-old mentally disabled son.

A neighbor recorded the arrest that Stockton Police say they handled by the book. The department says the use of force was justified.

The police say a group of people on the sidewalk flagged an officer on patrol down, asking for help, pointing out the suspect. Police say the teen got violent almost immediately.

The 18-year-old's mom says officers crossed the line, and showed CBS13 his scars and staples.

There are two very different versions of how James Smith got those injuries from a Stockton Police K-9.

His mom Teresa says she was at church two Fridays ago when it happened.

"I'm just going on what the 15-20 witnesses told me the same thing," she said.

A neighbor captured part of the confrontation on his cellphone. Because of the videos' quality, it's hard to tell exactly what's happening. It shows what appear to be two police cars and a police dog with someone on the ground. There's a chorus of shouts throughout the one-minute clip repeating that the man is disabled.

Police say James was acting out and wouldn't comply with the first officer on scene, then started swinging at him.

"They started to fight, at which point our officer had to deploy his K-9 to help take the person into custody," said spokesman Joe Silva.

But Teresa says her son is mentally disabled and wouldn't have been able to understand the commands.

"My son did not attack the police. He don't have the brains. He's scared of the police," she said.

Several witnesses took it further, telling CBS13 that James was already in handcuffs when the police dog was deployed.

Neighbor Patrina Walker says the dog mistakenly bit her first.

"The dog got off me and started attacking him while he was already handcuffed with his stomach down with his hands behind his back," she said.

Police defend their actions, saying records from that night indicate that James was not in handcuffs when the dog was let loose, adding the officer correctly followed his training.

CBS13 asked Silva if knowing James was mentally disabled would have changed the scenario.

"We don't have the luxury of calling a timeout to try to figure out exactly who this person is, when this person is struggling with our officers," he said. "As soon as the K-9 officer knew the person was in custody that's when he pulled his dog off."

His mother believes her son didn't deserve it. James spent four days in jail.

"I'm a mother and I fight for justice for my son—my grandmother's grandmother, she marched with Dr. Martin Luther King and I'll fight for my son."

Stockton Police says a standard, preliminary review shows the officers used appropriate force to make the arrest. Teresa says she's hired a lawyer and plans to take the department to court.

The 18-year-old is charged with resisting arrest, and is due in court later this month. Several neighbors were also arrested for interfering with officers.