Wake County DA will not ask SBI to investigate RPD after man accuses police of excessive force

RALEIGH, N.C. (WTVD) -- The Wake County District Attorney refused to ask the State Bureau of Investigation to investigate after a video of a violent arrest, which showed a Raleigh officer punching and kneeing a man, surfaced on social media.

After reviewing the video with the SBI, Raleigh Police Department officials said they met with Wake County District Attorney Lorrin Freeman to review the body and dash camera video of the incident. Freeman decided not to request SBI involvement but left the door open for SBI assistance should it be deemed appropriate as the investigation unfolds.

"Traditionally the State Bureau of Investigation is asked to review use of force cases involving the use of lethal force. This case does not involve the use of lethal force," Freeman said. "Additionally after reviewing the video of the incident, I believe interviews conducted by the Raleigh Police Department, which I have requested to be recorded, will provide full information for a decision to be made as to whether the officers' conduct was criminal. If follow up investigation is needed, the State Bureau of Investigation may be asked at that time to conduct it."

The video, posted to Twitter and retweeted more than 5,000 times as of 4:30 p.m. Wednesday showed officers kneeing a driver, pulling him out of his vehicle and repeatedly hitting him during an arrest.

The driver in the video, Braily Andres Batista Concepcion, 22, was arrested and charged with DWI, three counts of hit-and-run, two counts of contributing to the delinquency of a minor, simple possession of marijuana and resisting arrest.

Activists and family members said regardless of the charges, the force was excessive and are now demanding RPD to be more transparent in the case and for all charges to be dropped.

As is standard practice for all allegations of excessive force, the Raleigh Police Department Office of Professional Standards is conducting a criminal investigation of the incident and will present its findings to the District Attorney for final review.

An exclusive interview with Braily Andres Batista Concepcion and community activist Kerwin Pittman: