Caught on camera: graphic take down by APD
AUSTIN, Texas - *WARNING* The following story contains graphic content.
Witnesses say Austin Police officers were more than rough when they tried to arrest a suspect who was believed to be intoxicated.
Shocking video shows the aftermath of a downtown disturbance that got way out of hand.
Two brothers were taken down by police.
One ended up in the hospital, the other behind bars.
It was Super Bowl Sunday, just two days ago, when police say they were called out to a fight at a nightclub called Pop on West 6th street.
We have video of how it all ended, but first want to warn you that some of what you're about to see is very graphic.
What started out as a disturbance, ends with the suspect face down on the ground.
"He literally bled about a pint of blood and he was laying on the ground as if he was dead," says male witness who wishes to remain anonymous.
This is cell phone video given to us by a FOX 7 viewer who wishes to remain anonymous.
Pop nightclub tells us someone was intoxicated inside their bar and had to be escorted outside.
At that point, they say the suspect started swinging at random people.
Police were then called to the scene.
Some witnesses leaving the bars that night were horrified to come across this.
"Next thing you know, we're literally watching the cop take the gentleman, slam him against the wall on the corner of Pop and Rio and that wasn't good enough. Then they take him and slam him on the ground. His brain hits the ground so hard. You could hear it, you could hear the skull hitting the ground," says female witness who wishes to remain anonymous.
The police report says the suspect, identified as 22-year-old Luis Marquez De La Fuente, was very belligerent and not cooperating with the investigation.
He was placed under arrest for public intoxication as police say he was a danger to others.
"Everyone's running around going, 'what is going on, why are the cops attacking this guy?' because from what we saw walking up, the guy wasn't resisting arrest, he wasn't fighting the cop,'" says a female witness who wishes to remain anonymous.
During this time, Pop nightclub says De La Fuente's brother became irate and went at the cops.
In the police report, 25-year old Gabriel Marquez De La Fuente charges toward officers screaming, "you're killing my brother."
He reportedly ignores commands to stop and attempts to grab one officer by the neck and head.
That's when Gabriel is placed under arrest for interference with public duties.
After putting up a struggle to get into the patrol unit, he was tasered and now also faces a charge of resisting transport.
"I was just like wow, I can't believe this is happening. This is unconstitutional definitely," says a male witness who wishes to remain anonymous.
EMS transported the first brother, Luis, over to UMC Brackenridge emergency room for treatment.
While there, police say he was restrained with handcuffs to keep him from assaulting anyone.
But Luis reportedly swung his right leg, intentionally striking the back of an officer's head.
It's a situation some witnesses say could have ended differently.
"I mean it's not like this is the first time you've heard about something like this and to see it in your own backyard is scary," says a female witness who wishes to remain anonymous.
FOX 7 contacted the Austin Police Department.
Chief Art Acevedo sent us a statement Monday before the affidavits were released saying:
"Based on the limited information gleaned from reviewing the video, I have asked my staff to look into the matter to ensure members of our department acted appropriately. Further comment requires significant speculation which would be inappropriate."
The affidavit does not state how Luis was taken down by police or how he was injured.
Regarding Pop nightclub, they say what happened is unusual and not indicative of their normal crowds.
Tuesday night they are giving proceeds to the Wrapped in Love foundation, a non-profit that supports cancer patients.