Allegations tonight of police brutality against the Jackson County Sheriff's Office. But did deputies and some city police officers use excessive force or did a habitual drunk driver give them cause? Watch the video and you be the judge in this News 10 exclusive.
"I don't care what you've done, nobody deserves this."
Tony Duval is no angel, by his own admission. On the night of April 30 he was driving drunk when a sheriff's deputy pulled him over.
"Get back in your car! Get on the ground!" You can hear the deputy yell.
"He clearly assaulted me. He didn't give me enough time to do anything," said Duval, who's been arrested for drunk driving on more than one occasion in the past but not since 2006.
"Mr. Duval exited the vehicle very quickly driving the situation to a level where the deputy was forced to respond." Jackson County Undersheriff Chris Kuhl says getting out of the car was his second mistake. The first was driving with what Kuhl says was a blood alcohol level of .24, three times the legal limit.
"This is not his first encounter of being impaired nor even his first encounter of being uncooperative or resistive or even assaultive toward law enforcement," said Kuhl.
Things only escalated from there. On the tape you can see the officer tasers Duval once on the hood, then Duval escapes, and runs, and then struggles with the officer in a nearby yard still in the frame of the dashcam.
"I'm trying to get him away from me because he's assaulted me twice," Duval explains while watching the video.
He'd been tased twice more when backup arrives from the city and county.
"This is one of the officers they've said I've assaulted. He broke his hand on my head," Duval says as the video shows an officer punching Duval as both struggle to put on the handcuffs.
"That's a very speculative and reckless statement that he broke his hand while punching his head," said Kuhl. "There was a lot of physical contact going on."
Then later at the hospital, Duval, who is handcuffed, says an officer chokes him back into his chair.
"I just want someone to be held accountable for what they did," said Duval. "They probably wouldn't even treat their dog like this, you know?"
"If people are reasonable, if they are compliant, if they don't try to attack us of course we're not going to do those kinds of things," said Kuhl. "First of all had that individual not gotten behind the wheel impaired, none of this would have happened."
Duval filed three complaints against the sheriff's office. They were investigated by the sheriff's office itself and a lieutenant responded with a letter stating his complaint was unfounded.
Duval faces two felonies for assaulting an officer and a misdemeanor operating under the influence.