[WATCH] Innocent Man Beaten and Tased by Kingston Police in Case of Mistaken Identity


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.”

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.”

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