The Orange County Criminal Lawyer Blog
A Washington man suspected of car prowling has accused the authorities of using excessive force while detaining him for a crime he did not commit.
52-year-old Mark A. Domino and his mother are employed at Walmart in Clarkston, Washington.
Just before 6:00 pm on Monday evening, Domino got off work and headed to his mother’s vehicle to retrieve a clothes hanger.
At the same time, Domino was in the parking lot, police came to Walmart to check out a report about a possible car prowler in the area.
Domino, who the authorities purported matched the given description of a 5’11 black man with a backpack, was approached by the officers and asked to present his ID.
The confused employee decided not to produce his identification and asked the officers, who never tried to find out who owned the vehicle, more than once why he was being detained.
The police told Domino of the reported car prowler, but he was not given an answer that satisfied him causing him to yell at the officers and tell them that he knows his rights.
An officer told Domino that he was being placed under arrest for obstruction. The man jerked away in an attempt to avoid being handcuffed while hollering and trying to explain that he didn’t do anything wrong.
The officers felt Domino was behaving in such a non-compliant manner that the man was subject to being tased four or five times as he lay on the ground surrounded by law enforcement.
Fellow employees and bystanders had gathered and began recording the incident with their cell phones. One of the officers can be seen hitting Domino while the man’s stepson, who was also at the scene, is heard saying it wasn’t necessary to hit his stepfather.
After they successfully handcuffed Domino he was placed in the back of the police car. His mother, who was still on the clock working, had come out and told an officer that her son owned the car and allowed her to drive it to work.
Domino was taken into custody and charged with misdemeanor obstructing a law enforcement officer, and misdemeanor resisting arrest for his allegedly unnecessary uncooperative nature during the event.
Some of the recordings taken by the people who witnessed Domino’s arrest posted the content online, where it received much attention and caused some to question whether the man was harassed due to racial bias.
After issuing him citations for the charges Domino was released from custody, and the police department is performing an internal investigation surrounding the circumstances of the situation.
If you or someone you love is suspected of a crime, contact Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 for a consultation now.