Raleigh police releases body cam video showing traffic stop arrest of man who claimed excessive force

RALEIGH, N.C. (WTVD) -- Raleigh Police Department released body cam video Friday showing an incident that gained a lot of attention after cellphone video of the interaction was posted to social media earlier this week.

The video shows the arrest of 22-year-old Braily Andres Batista Concepcion.

Batista Conception previously told ABC11 that he thought the police officers involved used excessive force.

The video from inside the car showed that Batista Conception was punched, kneed and slammed to the ground during the arrest.

But Raleigh police had a different account of what happened.

Police officials defended the officers making the arrest saying Batista Conception "failed to follow the officer's commands," necessitating the officers using force to remove him from the vehicle.

The body cam video released on Friday shows that the officer told Batista Conception several times to put his hands on the wheel as he approached the vehicle but Batista Conception refused to do so.

In an interview with ABC11, he said he didn't listen to the commands "because (the officer) started attacking me. (The officer's) like, 'Get out of the car, get out of the car.' So, I'm like, I'm not about to get out of the car because you hitting me."

RPD said Batista Conception's car matched the description of a car involved in multiple hit-and-run crashes. Officials also said he appeared to be impaired.

In the dash cam video, Raleigh police pointed out the his vehicle had a busted out rear window, indicating that he was involved in some kind of crash before he was pulled over.

Batista Conception denied those charges.

"Both of these incidents in the videos released today could have possibly been avoided if the individuals had complied and cooperated with any one of the multiple demands given by those officers," Raleigh Chief Cassandra Deck-Brown said in a news conference Friday, where she also addressed an officer-involved shooting from earlier in the month.

"Once again we have two men of color between the ages of 18 and 22 involved in these two critical incidents," she said. "Let us begin to truly ask ourselves in 2020 what is happening in our community that gets us to this place, that gets us to this type of encounter to begin with."

Wake County District Attorney Lorrin Freeman reviewed the cellphone video, dash cam video and body cam video from the incident.

"What gets released initially on social media may tell part of a story but doesn't tell the whole story. I think that's why it's so important that the community not rush to judgment in these cases," Freeman said. "When you have someone who has been involved in hit-and-run accidents, who is in a vehicle and quite frankly, when you have a vehicle that can either take off or be used in some way to harm other people, that officer certainly has a right and a responsibility, frankly to do what they need to do to get that person out of the vehicle. Leaving him behind the wheel was not an option. He had already created a public risk by his driving."

Regardless of the charges, activists said the officers clearly used excessive force in taking Batista Conception into custody. They called on RPD to be more transparent in the case.

ACTIVISTS DIVIDED OVER THE CASE

But Diana Powell, a frequent critic of police who was a vocal advocate for Hinton, came to RPD's defense in the Batista case. She insists the two cases are very different.

"Because Kyron was having mental health breakdown -- That's apples and oranges. That is totally two different situations," said Powell who is Executive Director of Justice Served NC. "(Batista) was out here, he was a danger to the community and a danger to himself. He needed to be stopped."

Freeman announced Thursday that she decided not to request State Bureau of Investigation assistance in the case.

"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."