Sept. 01--San Bernardino County prosecutors have charged three deputies with assault by a peace officer in connection with the videotaped beating of a man who led them on a pursuit on horseback in the high desert in April, Dist. Atty. Mike Ramos said Tuesday.
The April 9 beating of Francis Jared Pusok led Sheriff John McMahon to put 10 deputies on administrative leave, saying the use of force appeared to be excessive.
The FBI also launched a civil rights investigation into the incident, which was caught on video by a TV news helicopter. The federal investigation is continuing, and no charges have been filed, FBI spokeswoman Laura Eimiller said Tuesday morning.
Deputies Nicholas Downey, Michael Phelps and Charles Foster were charged with assault by a public officer and could face up to three years in prison if convicted.
Downey and Phelps were among the first deputies to arrive at the scene; Foster arrived after Pusok had been handcuffed. The deputies are expected to turn themselves in Tuesday and to be arraigned on Sept. 8, prosecutors said.
Prosecutors said they looked at the video frame by frame but also considered other evidence, including belt recordings captured by at least two of the charged deputies.
Ramos indicated that the information relayed by deputies on those recordings, which also was being broadcast to arriving officers, was misleading.
The seven other deputies who were not charged, he said, had the right to presume that the officers already at the scene were acting lawfully.
"The use of force that they showed was reasonable under the circumstances," Ramos said.
All 10 deputies involved in the incident remain on administrative leave while a separate internal investigation continues, McMahon said.
In the recording by KNBC-TV Channel 4, Pusok appeared to be surrendering when one deputy kicked him in the groin area and another punched him in the head. Both deputies continued to kick and punch him and were later joined by additional deputies, who pummeled him for about a minute before placing him in handcuffs.
Pusok was treated at a hospital for cuts and bruises.
Soon after the beating, McMahon said that he was troubled by the images, which did not "appear to be in line with our policies and procedures."
McMahon also noted, however, that there were times in the video when Pusok appeared to struggle.
A little more than a week after the incident made national headlines, San Bernardino County approved a $650,000 payout to Pusok. The settlement agreement ended any potential claims Pusok could make against the county or the Sheriff's Department stemming from the beating.
In interviews, Pusok said law enforcement had a history of aggression and misbehavior toward him that he believed culminated in the beating. He has multiple prior arrests on charges of resisting or being aggressive toward officers.
In May, prosecutors filed multiple charges against Pusok stemming from the April incident, including charges of evading a police officer, resisting arrest, stealing an animal, cruelty to the animal and being under the influence of drugs.
He also was charged with three counts of vehicle theft and three counts of receiving stolen property. That case is pending in San Bernardino County Superior Court.
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UPDATES
11:57 a.m.: This article was updated with additional details.
11:51 a.m.: This article was updated with the names of the deputies charged, and additional details.
11:22 a.m.: This article was updated with details of the charges.
11:14 a.m.: This article was updated with the district attorney's announcement.
This article was originally published at 9:51 a.m.
