Report Explains Force Used in Video

FORT WORTH, Texas - While the Fort Worth Police Department investigates a complaint of excessive force, documents from the case shed some light on what officers said happened that night.

Officers arrested Marcus Swiat on May 24 outside a bar. They said he was drunk, fought with officers and resisted arrest.

Swiat was acquitted on charges of resisting arrest after his attorneys showed the jury armature video of the arrest . And on Wednesday, he filed an excessive force complaint claiming the video shows officers “beating” him.

But a police report filed after the incident attempts to explain the force seen in the video.

In the report, Officer Michael Duer said he got one cuff on Swiat but couldn’t get the other one on because he was fighting him off. He and another officer tried to subdue him using physical force – including kicking him, but ultimately resorting to a Taser.

Duer’s report states he Tasered Swiat three times in the lower back. He said it seemed to have no effect and only made him fight harder.

Officers Tasered him a total of eight times and, according to the report, the last was in his upper back.

Department spokesman Sgt. Pedro Criado said what is seen and heard in the video is misleading.

Officers later determined the first Taser attempts had no effect because the probes hit Swiat’s wallet and did not penetrate, Criado said.

“From a technical standpoint, when you hear the clicking sound, it means it’s not making proper contact with the person,” he said.

Police records from May 24 also indicate that about an hour after Swiat was taken into custody he got into more trouble behind bars.

A guard at the jail reported another inmate in the holding cell started challenging everyone to a fight.

“He reported Swiat got up and got near the other guy and that’s when the fight ultimately occurred,” Criado said.

The department is conducting an internal affairs investigation of two officers to determine whether Swiat's complaint of excessive force is valid. Those two officers have not been identified.

Swiat still faces a public intoxication charge.