WILMINGTON, NC (WECT) - A cell phone camera captured a police officer using his baton on a man during an arrest in downtown Wilmington over the weekend.
Now, the man who was cuffed says he wants an apology and wants to see the officer punished.
Khale Gay says the officer went too far when taking him into custody. The video shows the officer hitting Gay on the legs a few times. The beating left bruises on his body. Click this link to view the video on your mobile device: http://bit.ly/1srzlrf
He says he was leaving a club on Front Street early Sunday morning when he walked into a fray of pepper spray and police officers.
Suddenly, he said he found himself and his friends under arrest. Before he knew what was happening, one officer was striking him in the leg with a baton.
"If it was someone attacking police, we would want to see the same justice," Gay said. "He should be charged with assault just like anyone else would. It's not right what they did."
Gay's stepfather, Gary Shipman, an attorney in Wilmington said their family has no intention of suing the department, but that they are looking to Chief Evangelous to review the matter. In a statement Shipman said the following:
"The actions of the officers involved are totally inexcusable, and the video evidence clearly shows that. However, "suing" anyone is the last thing on the mind of either my son or me. On the night that this occurred, I showed the video to one of the officers and made a simple request – that he apologize for what he did, and he refused, saying that he had nothing to apologize for. Now, what we seek is to have these officers held to the same standards that ordinary citizens are held to, and provided the same due process that those who have violated the law are provided. We have put this matter in the hands of Chief Evangelous, in whom we have the utmost confidence. We likewise believe that Ben David, in whom we also have the utmost confidence, should review the matter to determine whether the officers committed a crime, and if so, whether they should be prosecuted. All we seek now is accountability."
Officials from the Wilmington Police Department said they are reviewing the case as they do with all incidents where force is used.
No officers have been suspended as a result of the incident.
Gay was charged with resisting arrest.