SAN FRANCISCO (KCBS RADIO) – A fired East Bay police officer faces an assault with a deadly weapon charge as footage of a traffic stop earlier this year shows him beating a man with a stun gun.
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The Richmond Police Department announced on Wednesday that it had fired 28-year-old Eric Smith Jr., not long before the Contra Costa District Attorney's Office announced it had charged Smith with assault with a deadly weapon, as well as enhancements for inflicting great bodily injury and use of a deadly and dangerous weapon.
Smith allegedly hit a man suspected of driving under the influence dozens of times with a stun gun during an April traffic stop.
"Officer Smith's actions are unacceptable," Richmond Police Chief Bisa French, who was reinstated late last month following a lengthy leave of absence, said in a press conference on Wednesday. "His behavior deviated from our training and will not be tolerated."
Bodycam footage the department shared with multiple outlets, including KTVU and KRON, shows Smith yelling "I'm gonna f--king shoot you, bro!" as he points a gun at Saul Mendoza Jr. during a traffic stop just after 1 a.m. on April 9. Mendoza gets on his knees, as directed, before briefly running away in the parking lot where his car was pulled over.
In the video, Smith catches up to Mendoza before shooting him with a taser after a brief conversation. Smith then kicks Mendoza twice as he's rolling on the ground, pressing a knee onto Mendoza's back as the officer repeatedly hits him with the stun gun.
"Stop resisting!" Smith says as he's striking Mendoza.
“Stop hitting me!” Mendoza replies.
Smith then directs Mendoza to put his hands – covered in blood after shielding his face from the officer's blows – behind his back as he is handcuffed and additional officers arrive on the scene.
Bay Area News Group reported on Tuesday that Smith had been placed on administrative leave following the traffic stop, during which he tried to arrest Mendoza following a brief car chase. Smith said in his report that Mendoza tried to run away from him and resisted, according to the outlet.
"It's clear in the video that this suspect does not appear to be resisting in the video," French said in Wednesday's press conference, expressing a desire to "apologize to the individual involved in this incident, as well as the community at large."
Contra Costa County prosecutors said Smith's arraignment has not yet been scheduled, and he was not listed in custody in sheriff’s office records. The Contra Costa County Sheriff's Office directed KCBS Radio's requests for comment to the Contra Costa County District Attorney's Office.
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