Police body camera video shows Dallas officer striking man's feet 133 times during arrest
DALLAS — A North Texas man is suing the Dallas police officers who arrested him during a 2022 incident at a parking lot where one of them struck the man's feet over 100 times with a baton, body camera footage shows.
Cedric Cheeley said he does some comedy writing. He's using laughter to cope with an incident in a North Dallas parking lot in April 2022. He's also suing four officers from the Dallas Police Department.
"You know to keep from crying, I tell jokes and laugh at it. I guess I'm still dealing with it," Cheeley said.
For the first time, Cheeley is talking about an incident where a Dallas police sergeant struck his feet more than 100 times. DPD's Internal affairs said the sergeant hit Cheeley's feet exactly 133 times.
"Painful. I have nerve damage from being beaten, which is going to last me for the rest of my life. It's not going to go anywhere," Cheeley said.
Daryl Washington, representing the 47-year-old man, said Cheeley came to him to seek legal remedies for an incident they described as excessive.
"It was not the type of resistance that rose to the level, or rises to the level that would justify that level of force being used," the attorney said.
Cheeley's 2022 arrest in North Dallas
The conflict began after 2 a.m. with Dallas police rushing to 18900 Dallas Parkway, near Haverwood Lane in the neighborhood of Far North Dallas, for a call of an active shooter.
CBS News Texas reviewed police reports from the incident, documents from a Dallas Police Internal Affairs investigation, and body camera video DPD released through an open records request six months after submission.
In the body camera video, officers arrived at the parking lot, where there were groups of people but no active shooter or shooting.
Sgt. Jon Matthew Martinez is one of the officers who spoke with a security guard in the video.
Martinez: Y'all got somebody out here shooting? (Police scanner)
Security Guard: Nah ain't nobody shooting. (Police scanner)
Martinez: Somebody called from inside, and somebody was shooting a gun.
Security Guard: Nah. I've been. Ain't nobody shooting.
The security guard told the officer he believed there was a fight about a woman who was touched on her backside. Police started moving everyone out of the parking lot. Officers in the video can be seen ensuring patrons did not miss their rideshare cars.
Cheeley, who doesn't live far from the premises, stopped at Martinez's patrol vehicle.
Cheeley: It's a whole lot of police out here tonight. Good Lord!
Martinez: Yeah, someone called and said someone was shooting a gun.
Cheeley: I ain't heard that.
Martinez: I think it was a fistfight. Somebody thought maybe it was something else.
Cheeley: I think that. Thank you. I stay across the (Expletive) street. I'm like I can walk home. (Laughs)
Martinez: It's better for you to walk home.
That is where the tension in their conversation began. The video showed it was still a friendly conversation with Martinez urging Cheeley not to take a chance behind the wheel because the sergeant suspected the man had been drinking.
While Cheeley did not deny drinking, he was opposed to being classified as drunk. He told the officers he was familiar with his constitutional rights, and they had to prove he was intoxicated.
In the video, Martinez called over Officer Adnan Shah. Another officer, Randy Rhoden, also walked over. Shah tried to explain to Cheeley that it was much safer for him to walk home. After more discussion, Cheeley finally agreed to walk home, and Rhoden thanked him.
"He doesn't understand because he's so intoxicated," Martinez said.
Cheeley walked back to the scene, unaware that, in the video, Martinez told other officers that the way to teach people like Cheeley a lesson is to arrest them. The footage shows officers complying with that suggestion.
"Are you willing to go home right now and not come back? It's a yes or no question. It's either yes or no. Are you willing?" Rhoden asked.
Cheeley eventually said, "Bye-bye, officer."
In the video, when he told Rhoden that touching him would be kidnapping, the officer appeared to be fed up.
"No more. No more. It's either yes or no," Rhoden said. "You go home or I take you to jail."
Cheeley was arrested for public intoxication. He told officers to get a paddywagon. As officers walked him toward an awaiting police cruiser, Cheeley dropped to the ground.
"This how you're going to play this?" Shah said.
Police said when the six-foot-six-inch, 325-pound Cheeley made his body dead weight, he was resisting arrest even though he was not violent.
Sgt. Jesse Rodriguez then arrived at the scene.
"You're going to go to the county jail for resisting if you don't sit up," Rodriguez said.
The officers got him off the ground and to the police vehicle, where things escalated. Cheeley told officers he had pins in his hips from a bilateral surgery, which made it challenging to ride in tight spaces.
But as he screamed and cursed, officers maneuvered him into the vehicle.
"When you're handcuffed, you know what I mean, you're limited. I can't move like a normal individual because I have pins in my hip," Cheeley said.
The officers rolled down the back window and tossed in Cheeley's shoe. As they searched his belongings in the video, Shah noticed Cheeley's feet hanging out of the window. The officer tried to push them back in unsuccessfully.
Body camera footage shows Martinez pulling out a police baton and hitting Cheeley's feet.
Cheeley: Why you hitting me officer?
Martinez: Get your foot inside. Get your foot inside.
Cheeley: Why you hitting me? Why you hitting me?
Martinez: Get your foot inside. Because you won't put it in, put your foot in.
Cheeley: You ain't got no right to hit me.
The strikes continued on the bottom, side and top of Cheeley's feet as he asked for a supervisor. Martinez said in the video that he was the supervisor. Cheeley asked for a different police leader but never got one.
"And it's painful. It felt like red ants stinging the bottom of my feet when they was hitting me. Repeatedly. That's the best way I can explain it," Cheeley said.
Martinez and the officers never got Cheeley's feet in the window. DPD documents and police video reveal Martinez gave the officers the nod to take Cheeley to jail with his feet hanging out of the window.
Dallas police Internal Affairs investigation on the case
Nine months later, an Internal Affairs investigation revealed the officers wrote about everything that happened at the scene except the use of force.
Dallas police leaders gave all four written reprimands for transporting a prisoner improperly. Martinez, who DPD leaders say was the supervisor, allowed Cheeley to get taken to jail like that.
The police sergeant was also rebuked for the inappropriate use of force and for failing to complete what DPD calls a "Response to Resistance Report." Internal Affairs said he hit Cheeley 133 times.
None of the other officers got scrutinized for leaving the baton strikes out of their police report.
"And the reason why that report is so important — because we get to see what was this officer's reasons for hitting somebody 133 times," Washington said. "Because when you complete that form, you have to explain why you used that type of force."
On Jan. 17, 2023, Martinez signed off on the written reprimand, marring his police record which included 41 commendations.
"It's hurtful. I tried to read it and it makes me mad. It makes me frustrated," Cheeley said.
A week later, Assistant Police Chief Michael Igo – now interim Dallas police chief – intervened for three officers who were reprimanded for improper prisoner transport. His letter states, "After careful review of the investigation and related videos, it is my decision to rescind the Chain of Command Recommendation."
According to DPD documents, Shah, Rhoden and Rodriguez faced no penalty for the incident. Washington said it was hard to believe none of the officers stepped in to stop the feet thrashes.
"I would like to know what the chief of police thinks about one of his officers hitting somebody with that baton 133 times," Washington said.
Eddie Garcia, the police chief at the time, upheld Martinez's infractions. DPD declined to comment due to pending litigation.
Meanwhile, while Cheeley was arrested on a public intoxication charge, he was not convicted. Cheeley said the officers failed to show up for court. CBS News Texas could not corroborate his court story because municipal and Dallas County court staff could not find a case for the April 2022 charge on file.
