welcome back to the lackluster channel on May 25th of 2019 John Kelly and his wife had a disagreement and were communicating via sign language on the side of a road someone who saw John and his wife signing to each other mistook their communication and called 9-1-1 to report a possible physical disturbance soon after three officers of the San Marcos Police Department approached John from the sides and behind yelling for him to stop before two officers tase him in front of his wife and several of their children with his back to the officers and unable to hear the commands John is kicked twice in the side by a third officer okay put your hands behind your back sir stand up stand up stand up stand up roll over grab his hand just get on your stomach hands let me see your hands oh well [Applause] hey [Applause] look at me hey look at me sit John attempts to tell the officers that he is deaf and eventually one figures it out and hands him a notepad and a pen [Music] oh stupid [Music] [Music] hold it give me your name John was never handcuffed and was not charged after the officers confirmed that no physical assault took place he was released from the scene after being treated by paramedics after which he would later go to the hospital for treatment of injuries resulting from the incident the three officers involved wrote in their incident narratives that Kelly had tucked his hands under his torso but the footage chose Jon with his hands up by his head both times that he is on his stomach which appears as though he is bracing himself for another kick to his ribs Jon says he was trying to gesture to the police and show them with his hands that he wanted to write to communicate a federal lawsuit filed in May of 2021 accuses the city of San Marcos and the three officers of violating Kelly's civil rights and the Americans with Disabilities Act the suit claims that quote no attempt was made by police to communicate with Jon in a manner in which he could understand despite him signing that he was deaf no extra steps or precautions were taken by smpd before they deployed a taser and kicked John this case is scheduled to go to trial in September of 2023 all three officers remain employed by smpd and have all completed a four-hour course on interacting with drivers who are deaf or hard of hearing let me know what you think in the comments down below was this Force necessary to take Jon to the ground should tasers be an acceptable use of force for someone who is simply walking away especially when there is no evidence of a crime other than a phone call thanks for watching if you have a video use the submit Link in the description or pinned comment if you enjoyed this one subscribe and hit the bell for future content and check out our other channels lady lackluster and the odd side remember to like share and leave a comment about what you think of this interaction it's the easiest way for you to help expose corruption and misconduct merchandise is available using the links below join the lackluster family for just a buck if you'd like to further support the channel get a lack logo go next to your name custom emotes and early access to videos I look forward to seeing you in the next one all links are down below foreign