San Jose police defending use of force to subdue man

SAN JOSE (KGO) -- There is strong reaction over a controversial video of San Jose police officers shown using force in subduing and arresting a suspect.

Some people are saying the use of force seen in the cellphone video was excessive, but San Jose police are defending the arrest they made.

Police policy says you can use excessive force if you're trying to subdue someone who is resisting.

The cellphone video posted on Facebook is shaky and dark, but you can see a man on the ground with two San Jose police officers above him, then one officer waves. Several more officers come into frame and begin to strike the man.

In an interview, Maria Lopez said her son has mental issues and believes he did not hit any of the officers during the struggle. "Even if it had been like that, why did all of them jump on him? All of them. Why didn't just one do it. Why did they all do it?" she said.

It happened at the intersection of Story and White roads at 8:45 p.m. on Saturday. Police say two officers saw Juan Moreno-Lopez, 22, acting suspiciously like he was high on a stimulant.

They say he tossed something in the bushes when he made eye contact with them and ran off. Then, suddenly he turned toward the officers. "The suspect at this point takes out a bottle and attempts to attack one of our officers. Then, immediately he proceeds to engage both officers in a physical fight," San Jose Public Information Officer Sgt. Enrique Garcia said.

Police say Moreno-Lopez resisted violently.

The officers called for backup and more cops arrived. "He was tased, there were some baton strikes, there were some punches that were thrown. Even after the suspect was handcuffed, he continued to struggle and fight and resist with the officers," Garcia said.

Police say Moreno-Lopez continued resisting in the car. They eventually put him on a gurney in a four point restraint and took him to the hospital.

After he was released from the hospital, Moreno-Lopez was booked into the Santa Clara County Jail on several charges including assault with a deadly weapon, resisting arrest and possession of methamphetamine.

The video prompted varied responses toward police. "They pull you out of the car. They treat you like a criminal," one man said.

"The police officers are doing a great job. Just let them do their job," one woman said.

San Jose Independent Police Auditor Judge Ladoris Cordell says her office has already received complaints. "We received complaints from more than one individual about what the complainant believes was an excessive use of force by San Jose police officers," she said.

A complaint to Cordell's office automatically triggers a police internal affairs investigation.

The police auditor says the San Jose Police Department has a year to do its investigation and take any disciplinary action.