Man beaten by officer during jaywalking arrest in North Carolina, body camera video shows

Body camera footage from August 2017 shows the rough arrest of a man accused of jaywalking by police in Asheville, North Carolina.

The footage was obtained Wednesday by the Citizen Times. In January, police launched a criminal investigation into whether an officer used excessive force in the arrest.

Watch the video below. [WARNING: Graphic content, explicit language]

The footage from Aug. 24 shows Officer Chris Hickman beating 33-year-old Johnnie Jermaine Rush in the head during an arrest for jaywalking. Rush says he cannot breathe as he is restrained. He is also shocked twice with a stun gun while being held on the ground.

According to a memo obtained by the Citizen Times, Hickman resigned sometime before Jan. 19. It was confirmed by the police chief that he was no longer with the department.

Rush said the confrontation happened as he was returning from a 13-hour work shift at a restaurant. He was confronted by Verino Ruggiero, then an officer in training, who says in the video he had warned Rush about jaywalking.

According to the Citizen Times, the street corner where Rush was confronted is near McCormick Field, where hundreds of pedestrians cross the street without using a crosswalk before and after baseball games.

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In the video, Ruggiero says that Rush didn't use the crosswalk four times in a row and walked through the parking lot of a business that was closed at the time. Ruggiero says he must either write Rush a ticket or place him under arrest for the offenses.

"It doesn't matter to me, man," Rush says, exasperated. "Do what you have got to do, besides keep harassing me."

Rush then curses and complains, saying the officers don't have anything better to do than harass somebody for walking.

At that point, Hickman approaches Rush and tells him to put his hands behind his back. Rush then runs and Hickman chases after him.

Hickman can be heard saying, "You know what's funny, is you're going to get f**ked up hardcore," before taking Rush to the ground. 

Hickman and another officer are seen pushing Rush to the ground while he says he can't breathe. They tell Rush to put his hands behind his back. Rush says he is unable to.

Hickman then beats Rush over the head several times and shocks him twice with a stun gun. At one point, Rush yells for help.

While Rush is lying on the ground in handcuffs, Hickman scolds him, "What the f**k is wrong with you?"

After the encounter, Rush was taken to the hospital where he said Hickman was abusive to him and used a racial slur, according to the Citizen Times.

At the time of the August arrest, Rush faced several charges. They were dismissed on Sept. 18 by the Buncombe County District Attorney's Office, according to court records.

Asheville Police Chief Tammy Hooper said she and District Attorney Todd Williams asked the State Bureau of Investigation to initiate a criminal investigation, but the bureau declined for unknown reasons.

Hooper then asked the Asheville Police Department to initiate a criminal investigation.

According to police, Hickman was suspected of simple assault and an investigation is ongoing. Ruggiero is not under investigation.