CHARLOTTE, N.C. — Questions about CMPD using excessive force continue after a woman was seen in a video with several CMPD officers over her and another hitting her multiple times on the leg Monday in south Charlotte.
Attorney Lauren Newton is a partner at Tin Fulton Walker & Owen. She is also representing Christina Pierre, the woman seen in the video.
Newton said the entire situation was mishandled and police went too far. She added that what was not seen on video is that her client was punched in the face by one of the officers and she has witnesses backing up those claims.
“She’s 24 years old, this is her first interaction with police and she was scared to death,” said Newton.
The woman was seen being punched several times by a CMPD officer in a now-viral video. Police called those compliance blows to get her to stop resisting arrest.
“It did not require 4 officers holding her down, while another officer delivered 17 blows to her body that is excessive and the public agrees,” said Newton.
A witness who did not want to show her face identified only by her first name Donna said that she saw the officer punch Pierre in the face. WCNC Charlotte received photos showing Pierre with several bruises on her face.
“I sat there and watched and he balled his fist, drew it back and he swung… and he swung into her cheek. It was intentional,” Donna said. "He punched her like he would a man."
Donna said that the situation should not have escalated the way it did.
“Everything was quiet, the day was going on as normal and the police officer walked up and everything went to pieces,” Donna said.
CMPD Chief Johnny Jennings said the officer’s body camera was knocked down during the struggle.
Thursday night, it was confirmed by CMPD that one of their officers did punch the woman in the face one time. This is based on interviews and witness accounts.
RELATED: CMPD confirms an officer punched Christina Pierre in the face before the struggle on the ground
The agency went on to say the officer hit Pierre in response to being physically assaulted by her. This happened at the bus stop during the initial encounter before the video showed several officers on Pierre on the ground. A statement by police includes that state law authorizes anyone to use reasonable force to defend themselves.
Meanwhile, CMPD has taken steps to release the video to the public and filed a petition with the court.
“I assure you that when everything is said and done, we will be looking at all of the facts of what happened that day and will determine what steps need to be taken immediately,” said Jennings.
“As much as I can tell the public that it is not my decision to release it… I can petition for it but I ultimately don’t make that decision,” said Jennings.
However, getting the video released to the public is not so simple.
“It is up to a superior court judge if the video is released to determine whether that footage is released to the public or on a limited basis,” said Newton.
A North Carolina law added restrictions to how police recordings are made public. For starters “recordings are not public records” and “recordings in the custody of a law enforcement agency shall only be released pursuant to court order.”
Public interest is one of the factors that a judge takes into consideration when deciding whether the footage should be released.
“I think it is important to have some sort of gatekeeper when it comes to these body-worn cameras, and the footage being released,” said Newton. “Now whether I like the current process… I think it takes a little too long.”
However, victims and their families are allowed to see the videos and they plan to watch it on Friday.
“Being the person who was in the footage, Ms. Pierre and myself as her counsel have the right to view the video with CMPD,” said Newton.
Jennings said it could take months before the video is released although he said the process can be frustrating and he believes that having a procedure in place is necessary.
“The process should not have to take two months, or three months or a year,” said Jennings. “But I do think there should be a process with checks and balances within that because when you start to talk about a video everyone who is in it has a say whether they want it released or not… the district attorney has to weigh in on if that should be released or not and if it is a state bureau investigation they should weigh in on if that will hurt their investigation.”
Some lawmakers have introduced bills to expedite the process in the past but with no success.
Newton said that it's about accountability for her client.
“What she wants is that this does not happen to anyone else,” said Newton, who along with her client, supports the petition for the footage to be released to the public.
In response to the statement released Thursday by CMPD, Newton released the following statement:
"My client is relieved that CMPD has finally admitted this after the witness came forward, despite knowing of her identity prior to her coming to us. We believe race played a role in what happened."
A hearing at the Mecklenburg County Courthouse on the release of the video is scheduled for November 30th.
Contact Jesse Pierre at jpierrepet@wcnc.com or follow her on Facebook, X and Instagram.