Deer Park Police officer charged with on-duty assault

DEER PARK, TX (KTRK) -- Deer Park Police Officer Charles Alston has been charged with assaulting a man who had been arrested for public intoxication.

The case was presented this week to a Harris County Grand Jury, which indicted Alston for misdemeanor assault. Alston was in court today for an arraignment setting.

Alston allegedly struck a man identified as Tobias Martinez as he was being booked into the jail on May 24 at the Deer Park jail.

Paramedics noted a redness and swelling on the left side of Martinez's face, but said he did not need to be hospitalized.

Alston was placed on administrative leave the next day.

Alston's attorney, Gregory Cagle claims that Alston was defending himself from Martinez. Cagle also claims that the interaction was caught on video and that the video will prove his client's innocence.

If convicted, Alston could spend up to a year in jail and face a fine up to $4,000.