State rests case in resisting arrest trial involving Orlando police

ORANGE COUNTY, Fla. — The state has rested its case in the trial of Noel Carter.

Carter is accused of resisting arrest by Orlando police in June 2015.

Both officers involved in the incident testified in court.

An Orlando police officer testified Wednesday in the trial of a suspect who was seen on video being kicked and shocked with a stun gun by Orlando officers.

Officer David Cruz told jurors how many times he tried to get Noel Carter into custody during the June 2015 arrest attempt that occurred after he had seen Carter grabbing his ex-girlfriend outside of a downtown club, police said.

Cruz said he had probable cause to arrest Carter for dating violence and should have, according to the Orlando Police Department’s policy.

Carter said he ran from officers because he was afraid of brutality.

Cruz told jurors inside the Orange County courtroom that he had been exhausted from the struggle to arrest Carter, and was worried about safety while all of this was going on. Cruz said he and another officer had tried at least 15 tactics to arrest Carter, but never struck him in the head or threatened to use their guns.

Cruz said he had tried to get Carter to leave his ex-girlfriend alone, but that Carter had seemed “fixated” on her.

Cruz testified that when he had tried to handcuff Carter, Carter had pulled away and run way. Cruz said Carter then struck Cruz’s partner in the chest, Cruz testified.

“This car was sitting down in front. I came behind him as so, and attempted to bear hug and come back on the ground. In theory, I was attempting to wrap my legs around him also, pinning him down. Unfortunately, it didn’t work out as planned. I was able to get the defendant across his chest and shoulders locked in and pushed back but, unfortunately, he fell on top of me and pinned my legs with my belt and I couldn’t wrap my legs around him,” Cruz told the jurors.

Officer Charles Mays, who is now retired, said they were not going to stop Carter from talking to his ex-girlfriend.

Both officers testified that Carter had never called for help during the arrest.

Officers told jurors Wednesday why they had kicked and repeatedly struck Carter while he was sitting on the sidewalk, handcuffed.

“Because I felt like he was still ready to fight. I mean, he had been sprayed, he had been hit with an expanded baton. He had been Tased twice and none of that had an effect on him,” Mays said.

“This had nothing to do with effectuating an arrest and everything to do with putting a beating on this man. And you were putting a beating on him because you had an issue at the club and he ran,” said defense attorney Patrick Lawlor to Officer Mays.

Two security guards at the club said they also had seen Carter grabbing his ex-girlfriend and had seen crying.

The defense is expected to call five witnesses Thursday.

Contact Kathi Belich for more on this story.

Cox Media Group