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Texas Officers Placed On Desk Duty After Forcefully Arresting Men For 'Cussing In Public' While Questioning Friend's Arrest

Isaiah Benavides/Facebook

As the nation continues to protest against police brutality, another incident with police was caught on video and has gone viral.

Two Texas men were arrested on Tuesday for using profanity after questioning the arrest of one of their friends. But it was the excessive force used by police that led to the matter being referred for an Internal Affairs investigation.

Skylar Gilmore was with Isaiah Benavides and Isaiah Phillips when another friend in a separate car, Jostin Moore, got pulled over.

According to KHOU 11, police said they arrested Moore, 24, for unspecified traffic violations and an outstanding warrant out of Deer Park.

While Moore was being questioned outside of the Baytown Market Convenience Store, Benavides got out his phone to record the interaction with police.

About four and a half minutes into the video that was posted on Facebook, an officer is seen approaching Gilmore, 24, who is on the phone and asks:

"What? I didn't do nothing."

Appearing to grab the phone out of Gilmore's hand, the officer responds:

"You're cussing in public, put your hands behind your back."

The officer then slams Gilmore against the wall before throwing him to the ground and kneeing him in the face.

Another officer grabs Phillips, 23, from behind and throws him onto the hood of Gilmore's vehicle.

One of the officers then points to Benavides and says:

"If you don't get back I'm going to break your sx&#."

Warning: the video below is violent in nature and may be disturbing for some viewers.


Benavides, who was not arrested in the encounter, told The Baytown Sun:

"We were just videotaping to make sure it was a normal traffic stop, to make sure they didn't violate his rights or anything, and they ended up getting mad at us, I guess because we didn't let them bully him."

Police confirmed to the news outlet that Gilmore was arrested for disorderly conduct: language for using profanity,

A separate charge of interfering with public duties was dropped on Thursday due to lack of evidence, according to a spokesperson for the Harris County District Attorney's Office.

Twitter was shocked that men are being arrested for using foul language in public.



Gilmore later said of the incident:

"This was my first time going to jail. I'm a law-abiding citizen, and I got sent to jail for cursing."

Phillips was also charged with the same municipal statute foul language charge.

He described how the cops treated him during his arrest.

"They slammed me on my friend Skylar's hood, used my face to dent his hood. That's not proper."

Gilmore and Phillips were both released on bond and plan to file formal complaints against the officers.

Baytown police found few fans on social media.



Baytown Police Chief Keith Dougherty called for an Internal Affairs investigation against the officers in the video.

On Thursday near a protest outside Baytown Police Headquarters, he told KHOU 11:

"I try to hold people accountable, and I feel the frustration."
"Obviously I felt that there were some better judgments that could have been made, and so that's why I called for the investigation."

The chief said that civil service protections require proper protocols like filing complaints and conducting investigations before an officer can be fired.

The two officers in the video were placed on desk duty while Internal Affairs is conducting the investigation, which could lead to termination.

On Wednesday evening, the City of Baytown Facebook page commented on the viral video.

"We are aware of the video that is circulating on social media regarding the arrests made yesterday on Market Street, and we understand your concerns."
"City and Police administration takes allegations of wrongdoing seriously and we would like to assure the public that the matter is under investigation with the Internal Affairs Division. We ask for your patience as the investigation is completed."