Local Attorney, Former Sheriff Weigh in on Violent Arrest Video

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

SACRAMENTO -- A local lawyer and the former Sacramento County sheriff weighed in on the viral video showing the violent arrest of a Del Paso Heights man by a Sacramento police officer for allegedly jaywalking.

Video released by the Sacramento Police Department shows the officer's repeated requests for Cain to stop walking being ignored.

Former Sacramento County Sheriff, John McGinness said his refusal to stop did break the law.

"It's required under 148 of the penal code, if you don't stop, you're resisting an officer," McGinness said.

Sacramento defense attorney Mark Reichel said he agrees, but he said people have rights.

"If you're being detained, you do have the right to remain silent," he said.

Reichel said, however, jaywalking pedestrians don't necessarily need to be cited. He questions if that's the true reason for the initial stop.

He sat down with FOX40 and watched the SAC PD video..

"I can't imagine it's anything other than racial profiling. He called for backup before he got out of the car, that's because he thought he was going to find something," Reichel said.

But McGinness said he has to see some more evidence of intent to determine that.

Something both law experts can agree on is the officer's repeated punches to Cain's head are a concern.

McGinness said the investigation can look into the officer's state of mind and why he hit Cain.

"If it ultimately can be determined that the violator did or said something that would justify that level of force, then that officer didn't act improperly," McGinness said.