Smithfield officer justified in use of force in viral arrest of Amazon worker, Johnston Co. DA says

SMITHFIELD, N.C. (WTVD) -- The Johnston County District Attorney ruled that a Smithfield police officer was justified in his use of force after an arrest that went viral.

Cell phone video shows an officer punching an alleged impaired driver outside an Amazon distribution facility.

But the report released Friday by the DA's Office sheds new light on the incident.

It says Officer Capshaw stopped Terrence Ellis just before 2 a.m. on Oct. 18 for speeding. During the stop, Capshaw found that Ellis had a revoked license, and was possessed drug paraphernalia.

Capshaw let Ellis off with a citation on the drug charges but told him not to drive because of his license.

But officials say minutes later, another officer saw Ellis driving all the way to the Amazon facility where he worked, and he did not stop for that officer.

Capshaw responded to that scene, where he says Ellis resisted arrest and overpowered both officers.

Officials said that during the encounter, Ellis hit Capshaw five times in the head and face.

The officers responded by force and were finally able to get him into custody after about two minutes.

Johnston County District Attorney Susan I. Doyle said she concluded that the use of force, which included closed-fist strikes, was reasonable and necessary to make the arrest.

Doyle said she came to her conclusion after reviewing dash camera videos, cellphone videos from bystanders and videos from Amazon parking lot cameras as well as officer accounts and consultation with an expert in law enforcement use of force tactics.

Previously, Ellis' family had told ABC11 they did not believe he initiated the altercation.

Though she said the officer's actions were acceptable, Doyle added that she strongly urged the Smithfield Police Department to "pursue enhanced training to equip officers with additional options in future incidents."

She also recommended that SPD prohibit officers from working a shift without a properly functioning dash camera with video and audio recording.

In this case, Capshaw's dashcam recorded video but the audio portion was not working.