Attorneys for Marcus Evans allege that he was unarmed, complying with officers' commands, and not resisting during the October 25 incident, which left him with injuries preventing him from working. Although Evans was arrested on the evening in question, he was never booked or charged with a crime.
The arrest, which was captured on video by a freelance photographer, has sparked public scrutiny and prompted SDPD to launch an internal investigation. In the footage, Marcus Evans is seen exiting his home wearing only shorts, with his hands raised to show he is unarmed. He spins around to demonstrate compliance before sitting on a stoop. Moments later, he is shot in the stomach with a beanbag round. Writhing in pain on the ground, Evans can be heard pleading for help. Despite this, officers fire two additional beanbag rounds, and a K-9 is released, attacking him as he remains incapacitated.
Officers alleged they responded just before midnight to a report of a man purportedly threatening a woman with a gun near Duluth Avenue. Police say they tracked a suspect to a nearby home, where Marcus Evans, shirtless and barefoot, exited the residence.
According to SDPD, Evans was "repeatedly ordered" to surrender but failed to comply, leading officers to fire three beanbag rounds and deploy a police dog. Evans was arrested on suspicion of assault with a deadly weapon and resisting arrest but was not booked into jail. No charges were filed, and no weapon was recovered at the scene. Evans' attorneys dispute SDPD's account, stating that he had his hands raised and was unarmed when officers fired the first beanbag round, hitting him in the abdomen.
According to SDPD, Evans was "repeatedly ordered" to surrender but failed to comply, leading officers to fire three beanbag rounds and deploy a police dog. Evans was arrested on suspicion of assault with a deadly weapon and resisting arrest but was not booked into jail. No charges were filed, and no weapon was recovered at the scene. Evans' attorneys dispute SDPD's account, stating that he had his hands raised and was unarmed when officers fired the first beanbag round, hitting him in the abdomen.
"Despite the fact that he was already on the ground and not displaying any threatening behavior," the attorneys said, officers continued to use force. "This lawsuit represents a call for accountability and justice in cases where officers resort to excessive force, compromising public trust," said attorney Dante Pride. "The San Diego Police Department has a duty to protect, not harm, the communities it serves. We will pursue justice for our client and seek measures to prevent incidents like these from happening to others."
The SDPD announced that the case is under internal review, with oversight from the California Commission on Peace Officer Standards and Training, the Department of Justice, and San Diego's Commission on Police Practices. SDPD Chief Scott Wahl acknowledged the troubling nature of the incident.
"Videos of this nature are very difficult to view," said Chief Wahl. "We are already in the process of conducting a thorough review of the incident, and I'm committed to exploring how the situation could have been handled differently. The San Diego Police Department welcomes conversations about our use of force procedures and regularly evaluates those practices to determine if improvements are needed."
The lawsuit, which is being filed in the wake of growing concerns about police accountability, underscores the need for transparency and reform in law enforcement practices. For now, the case awaits further review by the City Attorney's Office.
The lawsuit, which is being filed in the wake of growing concerns about police accountability, underscores the need for transparency and reform in law enforcement practices. For now, the case awaits further review by the City Attorney's Office.
Originally published on November 13, 2024. Photo and video from 619 News Media.
