Newly released body camera footage shows a Black North Carolina man being tased in his driveway by a white police officer who had pulled him over earlier in the night, ticketed him and followed him home, where he began to ticket him again.
Dwayne Hicks, who was unarmed, had repeatedly disobeyed the Warrenton, North Carolina Police Department officer’s commands when he was shocked, the video shows.
“An officer in North Carolina can only use a Taser against a citizen if that citizen poses an immediate risk of danger,” said Galen Gupta, Hicks’ attorney. “Mr. Hicks posed no danger.”
Gupta said his office has received reports from 14 other people alleging numerous complaints, including racial discrimination and unnecessary force, against the officer, Mark Oakley. These allegations date back to 2019, when he was an officer for the Roanoke Rapids Police Department. He now works for the Littleton Police Department.
“This is not a joyous occasion, let me assure you,” Hicks said Monday after a North Carolina Superior Court ordered the release of police body camera footage from Sept. 20, 2023, showing the tasing. “I was not the first. To my knowledge, I was not the last.”
Hicks’ attorneys had filed a lawsuit to seek the release of the body camera footage. At the time Oakley was under review by the North Carolina State Bureau of Investigation for improper use of force, though the status of that probe is unclear. He was fired by the Warrenton PD in March.
“These issues are not synonymous to just Warrenton,” Hicks said. “My situation is in Warrenton. I never expected to have this type of experience with law enforcement (and I) never wanted to. It happened.”
Hicks was initially pulled over for not having his headlights on after dark, Oakley tells him. Hicks responds that his headlights come on automatically when he turns on the car.
“Alright, sir, well there’s no taillights, so there you go,” the officer says.
“So, you’re stopping me because I [didn’t] have [my] taillights on?” Hicks says
Hicks doesn’t want to hand Oakley his license when asked, saying the officer has no right to take it, then begins recording their interaction.
After writing the $291 ticket, for no working taillights, lack of insurance, and driving too slow for traffic, Oakley removes Hicks’ license plate and hands him the screws.
Hicks has not signed the ticket, saying he needs more time to read it. Oakley tells him he will note on his paperwork that Hicks refused to sign and walks away.
Hicks yells repeatedly, “Hold on!”
Oakley threatens to cite Hicks for disturbing peace, then pulls away in his police cruiser.
“Have a nice day, sir,” Oakley said. “You’re free to go. You’re free to go.”
They would see each other shortly that same night.
Video of their second encounter shows Oakley pulling into Hicks’ driveway behind the motorist.
“Remain in your vehicle, Mr. Hicks,” Oakley says. “Remain in your vehicle, Mr. Hicks!”
Hicks gets out of his car.
“Remain in your vehicle!” Oakley says. “Turn around and put your hands behind your back! Hands behind your back!”
“You better get off me, Oakley,” Hicks says.
Hicks then appears to put his keys in his pants pocket. In his other hand, Hicks is holding a cellphone.
“Do not put your hands in your pockets,” Oakley says.
“Shut up, fool,” Hicks says.
Oakley then repeats an order to Hicks, “Turn around, and put your hands behind your back! Do it now!”
Hicks turns his back on Oakley, using both hands to look at his cellphone.
With Oakley’s Taser visibly pointed at the middle of Hicks’ back, the officer repeats the command to place his hands behind his back five times.
Hicks doesn’t comply and is knocked to the ground when Oakley deploys his Taser.
“You [expletive]!” Hicks shouts.
Oakley tells him again to put his hands behind his back.
“Get on the ground, face down,” he says.
Hicks then tries to get up, his hands behind his back.
Oakley uses his Taser again, knocking Hicks down again, then handcuffing him.
“Stay on the ground,” Oakley says. “Stay on the ground.”
Oakley then handcuffs Hicks, face down, hands on the ground.
“You’re going to pay for this one, Oakley,” Hicks says. “You’re going to pay for this one, buddy.”
“You just got yourself an RDO charge,” Oakley replies. “Resist, delay and obstruct.”
“Oakley, [you’re] something,” Hicks says. “I can’t believe you did that, Oakley.”
In an interview with WRAL News, Oakley said Hicks “operated his vehicle illegally, he refused to follow my commands, and I was forced to take action in order to take him into custody safely.
Oakley dismissed the other allegations against him as “unfounded.”
“The only thing I can say to that is that, if I had truly violated anyone’s rights or any laws, the state would not allow me to work as a law enforcement officer,” Oakley said.
He said he hasn’t been contacted by any state investigators since Hicks’ arrest.
“I have spoken to no one, not because I did not want to, but because I have no way of contacting them,” Oakley said. “I feel like I’m being left out of an investigation against myself. I can’t even face any of my accusers.”
His new boss, Littleton police chief Phillip Trivette, had no comment about Gupta’s call for Oakley’s dismissal. But he did tell WRAP the officer has been a “model employee”
