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Viral video of SPD arrest: When are citizens legally required to comply?

<i>KTBS via CNN Newsource</i><br/>“He (the officer) came across the suspect in this case that was belligerent
KTBS via CNN Newsource
“He (the officer) came across the suspect in this case that was belligerent

By Gabrielle Parish

Click here for updates on this story

    SHREVEPORT, Louisiana (KTBS) — A cell phone video showing a Shreveport police officer striking a man during an arrest is making waves on social media.

Shreveport police say the man, identified as Andrew Okray, ignored multiple lawful commands from the officer before the incident escalated. But what qualifies as a lawful command and when are citizens legally required to comply?

KTBS 3 has confirmed that Okray is the man seen in the viral video being hit in the head several times while tussling with an officer. As videos like this continue to surface, legal experts say many people may not fully understand when they’re required to follow law enforcement instructions — and what their rights are in these situations.

Cell phone footage shows Okray walking through the parking lot of a nightclub in the 6200 block of Bert Kouns Industrial Loop after officers reportedly ordered him and other patrons to leave the area.

“He came across the suspect in this case that was belligerent,” said SPD public information officer Cpl. Chris Bordelon. “The officer gave multiple verbal commands. The individual refused. And so the officer used our department-issued Taser.”

Okray is seen in the video pulling the Taser prongs from his chest and throwing them to the ground.

“That’s ultimately when the officer made the determination that he needed to physically go hands-on and try to restrain the individual,” Bordelon said. “And that’s when the fight ensued.”

Police say Okray was treated at the hospital and later charged with resisting arrest and trespassing. Authorities say he has a history of arrests, including four previous charges for resisting arrest, along with aggravated burglary, illegal possession of a weapon, and other offenses.

Okray’s attorney, Christine Cain, released a statement to KTBS 3 regarding her client’s side of the June 21 encounter, which took place around midnight.

“Mr. Okray has expressed extreme disappointment in the way the Shreveport Police Department handled the situation in light of his mental health issues,” Cain said. “From what I understand, the way they handle people with mental health challenges as a whole is very disappointing. We would hope that the administration would show some accountability from this point forward—making sure officers are properly trained and follow the policies in place as it relates to those with mental health challenges.”

Attorney Royal Alexander also visited KTBS 3 to offer legal perspective on the incident.

“In my experience, most of the commands police officers give are simple commands to either get control or maintain control of a situation that they usually had a legal right to engage in in the first place,” Alexander said.

SPD maintains that the officer followed department protocol and issued what they define as a lawful command.

“Lawful commands have a lot to do with time and circumstances,” Bordelon said. “You’ll hear things like ‘Stop!’ ‘Freeze!’ ‘Hands up! ’—commands meant to de-escalate or control a situation. Another example is a command to disperse if someone is blocking private property or a city street.”

Alexander said that while people may not always agree with what an officer is doing, it’s important not to argue or resist in the moment.

“If your rights are violated, you can file a complaint with internal affairs, report it to another law enforcement agency, or file a lawsuit against the department,” he said.

In response to the incident, advocacy group Humanity 2020 released a statement on Okray’s behalf, saying in part: “Okray was traumatized by a recent police encounter involving excessive force. Okray experienced preventable harm when officers failed to follow trauma-informed protocol. We demand the release of the body camera footage and termination of the involved officer.”

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