OAKLAND, Tenn. — An Oakland, Tennessee, police officer has been relieved of his duties with pay pending an investigation into the circumstances surrounding the arrest of Brandon Calloway by Oakland PD over the weekend, according to Oakland's Assistant Police Chief Larry Gaines.
Fayette County District Attorney Mark Davidson requested Wednesday that the Tennessee Bureau of Investigation look into the incident, and Gaines told ABC24 the police department is conducting their own internal investigation to see if administrative action needs to be taken against the officers.
Gaines said they are still looking into "everything" regarding the incident.
The department under fire after a photo started circulating on social media under #JusticeforBrandonCalloway, showing the man's bloody face after being taken into custody.
The 25-year-old's girlfriend also recorded a video of the incident, showing officers entering his home. She's also heard screaming in the video "get off him, what's going on?"
According to an affidavit, on Saturday, July 16, officers followed Calloway to his home after he refused to stop for police. According to Oakland police, they tried to stop Calloway for running a stop sign and going 12 mph over the speed limit.
The affidavit said he was going 32 mph when the speed limit was 20 mph.
Calloway’s attorney, Andre Wharton, said excessive force was used.
"The police entered the home forcibly without announcing and used force that was totally excessive and unreasonable," Wharton said.
The affidavit said police did announce themselves, but Calloway ran upstairs. That's when officers pulled out their batons and tasers.
Retired Shelby County Sheriff's Office Captain Bennie Cobb consults law enforcement agencies on police de-escalation tactics. He said based on the witness video, The Oakland officers broke the law from the moment they kicked in the door.
"The law says to come into a private residence, you have to be invited in, even if you have a search warrant. The law says that you knock first then you announce, then dependent on the charges, you can force yourself in," Cobb said.
Once the officers entered the home, the video shows two police officers hitting Calloway in the head with batons at least seven times, then one officer proceeded to put his boot on his head.
Seconds after the officer stepped on the head, he is seen slapping the witness's phone out of her hand.
Wharton said the video reminded him of the George Floyd incident and called the officer’s behavior animalistic, adding Brandon is lucky to be alive today.
Wharton said Calloway sustained blunt force trauma to his head—needing stitches. He also said Calloway's vision is limited.
"We don't think that there's going to be any proof that Brandon was armed or that he ever displayed a knife, a gun, a bat, or any weapon like that," Wharton said.
According to the affidavit, police didn't see a weapon. It further reads that Calloway resisted arrest multiple times in his home by running upstairs and locking himself in a room.
"There were at least three officers to Brandon's 5'5" and 120 (pounds)," Wharton said. "It raises the question, was this called for?"
The affidavit further reads they eventually arrested Calloway and brought him into custody.
He is charged with evading arrest, resisting arrest, failing to stop at a stop sign, and speeding.
Cobb said the officers were out of control and not only put Calloway in danger, but also themselves.
"The tactics were bad, when I say tactics, they kicked the door in and chased somebody without knowing if there was a wanted criminal in another room," Cobb said.
Wharton said Tuesday the family isn't looking to file a lawsuit, but instead wants the police department to show accountability, drop the charges against Calloway and punish the officers. However, if the Oakland Police Department and "any other involved parties" don't respond and accept accountability in this matter they will move forward with a lawsuit.
According to Wharton, police haven't released body or police vehicle footage of the incident.
Oakland police told ABC24 they will not be releasing any footage during the investigation.
"Brandon is not a convicted felon and does not have a misdemeanor on his record," Wharton said. "He is a college graduate."
ABC24 reached out to the Oakland Police Department for a response and they said they can't respond because of the state investigation.