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The police have opened an internal investigation into an incident this week at Walmart, in which an officer punched a man in the face during a confrontation after the man allegedly threatened to hit him.
It’s the ongoing probe into 2021 incidents in which an officer punched an arrestee in the head, prompting community discussion over how cops should handle difficult encounters.
The latest incident occurred inside the Route 80 store Tuesday at around 2 p.m.
Officer Rafael Ramirez punched the 37-year-old Fair Haven man, Jose DeJesus, after DeJesus objected to an order to leave the store.
A 24-second Facebook video of a portion of the incident went viral Wednesday. Assistant Police Chief Renee Dominguez (who becomes interim chief starting Saturday) told the Independent that when the department learned of the viral video, it opened the internal investigation. She released a longer body camera video of the incident to the Independent upon a request.
Watch the police video at the top of this story.
DeJesus was a regular presence at the store. His wife works there as a cashier. He was coming Tuesday to pick her up.
Officer Ramirez told him that store management wanted him banned from the store because he continually refused to wear a mask.
DeJesus refused to leave.
What happened next was not visible on the cellphone video that was shared on Facebook. A person was blocking the view. What was audible was the sound of the punch. Then DeJesus is seen falling to the floor.
The body camera video shows more detail, though the actual punch is still not visible.
The video shows Walmart employees objecting that DeJesus was not wearing a mask as he entered the store.
They alerted Ramirez, who was working an extra-duty shift and dealing with an unrelated shoplifting incident.
Ramirez, who recognized DeJesus, proceeded to converse with him in Spanish.
“You have to leave,” Ramirez told him. “The store wants you to leave.”
“I need a reason,” DeJesus said, holding a face mask in his hand. “I come here with my wife, and I don’t have problems.”
“We’ll you’re going to wait for her outside.”
When DeJesus refused to leave, the two were in close contact.
“Don’t touch me! Don’t touch me!” DeJesus said.
The next key moment isn’t clear on the video. According to both Ramirez, in his subsequent written report, and DeJesus, in a subsequent interview, the officer punched DeJesus, who then fell to the ground. They differ on why.
“I walked closer to DeJesus and placed my right hand on his left arm and attempted to guide him toward the exit door. DeJesus became further irate and yelled, don’t touch me. I ordered DeJesus a fourth time to leave the store. DeJesus ignored my commands and began walking toward the service desk. I grabbed him by his arm and in a firm voice ordered him to leave,” Ramirez wrote in his report.
“DeJesus then got in a fighting stance, very close to me and stated, I’m going to fuck your face up, in Spanish, and began raising his arms with clenched fist. I immediately struck him in the face with a closed fist on the left side of this face.
“The strike caused DeJesus to fall on the ground. I immediately followed him to the ground and was able to secure him in my department issued handcuffs.
“I noticed DeJesus had a hard time breathing so I placed him in a side resting position. I then called for medical assistance.”
Ramirez escorted DeJesus outside as an AMR ambulance was headed to the scene. The police video shows them conversing again in Spanish outside the store.
“Why did you do this to me? I’m not a bad person,” DeJesus asked Ramirez.
“You attacked me. You went for my face like you were going to attack me. I tried to treat you with respect, but you wouldn’t listen.
“That’s the last time you’re going to ever do that again.”
DeJesus was charged with disorderly conduct, interfering with a police officer, and first-degree criminal trespass. He was taken to the 1 Union Ave. lock-up.
He was released later that day.