DeSoto Police responded Tuesday to what it called a "very serious" interaction, after an officer drew a weapon on a citizen over the weekend.
DeSoto Police Chief Joe Costa said the contact between the unnamed officer and citizen is "currently under review."
"The actions of our officer are concerning," Costa said in a statement to WFAA that was shared on DeSoto PD's social media channels.
The post was later removed from DeSoto Police social media channels.
In the two-page statement, DeSoto police recounted a number of encounters, and offered links to YouTube videos, between Charles Dominguez and officers over the past month, many of which include Dominguez directing profanity toward officers.
On Monday, Dominguez filed a formal complaint against the DeSoto officer who pointed a weapon at him over the weekend.
Dominguez, with his attorney by his side, said he now fears for his safety after having a weapon pointed at him as he rode his BMX bike in the parking lot of a shopping center on Saturday.
Dominguez told WFAA he started recording on Saturday because he saw a DeSoto officer in the parking lot.
"I do what I want to on my videos," Dominguez said. "But I can see I can get in big trouble.”
The video Dominguez posted to YouTube on Saturday shows a DeSoto Police SUV turn in the parking lot and Dominguez following on his bike.
The vehicle then brakes and the officer steps out of the vehicle and draws down on Dominguez.
The audio is compromised by wind, but you hear the officer say "Sir if you keep following me (inaudible)"
The 30-something BMX enthusiast can be heard shouting back "I'm just riding my bike".
Costa said Tuesday the officer stated, with his weapon pointed at Dominguez, that if he continued to follow him it would be viewed as a threat.
We showed the video to retired Arlington PD Assistant Chief James Hawthorne. The current top cop at Cedar Hill ISD says viewing the video raises some immediate questions and concerns.
"Officers should not just get out and point their guns at people just because they’re being videoed," Hawthorne said. "No, that should never happen."
Hawthorne adds while we do not know what happened before Dominguez started recording, nothing in the 2-minute video appears to convey a life-threatening situation that would warrant an officer preparing to use deadly force.
DeSoto Police acknowledged the video on Monday, saying on social media "the incident is currently under review."
On Tuesday, Costa said his officers "respect the rights of all citizens including the first amendment".
"I also respect the fact that Mr. Dominguez and others want to be sure police officers conduct themselves in a professional manner, however I do have an issue when that behavior (video recording) interferes with our duties, causes safety concerns and infringes on other citizens rights during a police contact."
Dominguez was arrested January 29 in the lobby of Desoto PD for “interfering with public duties”, related to his filming of officers interviewing another citizen according to his attorney Corwyn Davis.
“You can try to paint the picture that this is a guy that’s being annoying and cussing at cops (on YouTube) and all that stuff but ultimately it does not matter," Davis said. "If you or I did that (pointed a gun) we’d get arrested.”
This afternoon Dominguez filed a formal complaint against the officer who pointed a gun at him on his bike.
DeSoto Police have not identified the officer and said he has not been placed on administrative leave.
"I promise you that the officer involved in this incident is a fine officer and one of the best we have," Costa told WFAA.
DeSoto Police Department statement (I) by wfaachannel8 on Scribd
DeSoto Police Department Statement (2) by wfaachannel8 on Scribd