As of Friday evening, an evading arrest charge and a failure to identify charge against Marlin Gipson have both been dropped citing insufficient evidence.
Gipson, 20, says he was allegedly harassed by a Precinct 1 contract deputy in his own neighborhood on July 18. Gipson says he and his brother were mowing lawns in the neighborhood when the deputy approached them.
"This exact officer sits at the corner of my street every day, so he sees me every day," said Gipson. "So, when I seen him, I already knew it was some BS."
In the video he uploaded to the Internet, the deputy can be seen asking for Gipson's ID and asking what he was doing in the neighborhood. Gipson is heard telling the deputy he did not have ID. He then gives his name, stating he was 19 years old and born in 1999. In reality, Gipson is 20 and born in 1996.
The viral video also captures Gipson attempting to get the deputy's name. Later on in the video, Gipson is shown at his own home, where deputies then tried to arrest him.
What's not shown on the viral video is the arrest itself. According to Gipson's lawyer, Lee Merritt, the deputy's actions during the arrest were unwarranted and could have violated Gipson's civil rights.
"His right arm was being mauled by a K9 unit. While he was being mauled by a K9 unit, he was shot a second time with a Taser, then placed in handcuffs all the while being fully compliant," said Merritt, a Philadelphia based attorney representing Gipson. "That's excessive force under any circumstances."
Merritt says the brothers have both filed internal affairs complaints with Precinct 1 Constable Alan Rosen's office.
Rosen's office has denied that the two young men were improperly treated. They have pointed out that Gipson has an outstanding warrant, and gave a false name when asked by the deputy.
"What I have seen from Mr. Gipson so far is falsehoods, untruths, he has not been truthful about anything," said Constable Rosen.
On Wednesday afternoon, Rosen brought out at least half a dozen deputies involved in the arrest of Gipson. Rosen pointed out the majority of the deputies were either African-American or Latino. Rosen said he has reviewed the video, and do not believe his deputies did anything wrong, and that Gipson was not being targeted because of his race.
"We have one of the most diverse offices in Harris County. It really incenses me that somebody says they were targeted because of their race. I love our minority community, I work hard to gain trust of our minority community," Rosen said.
Rosen's office also said that the entire incident was captured on body camera as well as dash camera. Rosen's office released a portion of the dash camera video, which also showed Gipson giving the age of 19 and saying he doesn't have ID.
"I have spoken with the Texas Rangers, and they are happy and willing to accept this case," said Rosen.
The constable said he has not yet turned over the internal affairs investigation to the Rangers, but is happy to do so if Gipson's family requests.
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