KINGSTON, N.Y. -- Fabian Marshall doesn’t understand how just heading to work could lead to being put in a choke hold.
He said that two years ago, Kingston Police Officer Jeremy Arciallo, who was seen in dash cam and cell phone video recently posted to the Citizen Action of the Hudson Valley Facebook Page, had mistaken him for someone else he received a complaint about and told him he was under arrest.
When Marshall continued to record the incident with his cell phone, he was thrown to the ground and put in a choke hold. Arciallo then covers up the cell phone. Marshall said he was also hit and shocked by another officer's Taser several times.
"I just remember being tackled after that. I just remember screaming and a lot of stuff I don't want to remember," said Marshall.
"And I feel betrayed because these are people that we pay to protect and serve and that’s not the case with my son,” said Marshall’s mother, Liz Baker.
Marshall was found guilty of obstructing governmental administration, a misdemeanor, in connection to the case earlier this month. He said while much of the dash cam footage from that day was shown in court, only parts of his cell phone video which captured moments when he was out of dash cam range was played.
He said his pre-sentencing hearing is in January.
"I’ve already been going in and out of court for two years, passing up job opportunities, rearranging my scheduling,” said Marshall.
Citizen Action lead Organizer Callie Jayne said Marshall is not alone. She said since July, the organization has spoken with about 30 people who said that Kingston police officers either abused their power or used excessive force. She said the majority of people who complained to Citizen Action were black or Latino.
"The way that these people have been approached is much different than I hear of white people who are being approached," she said, "and so if there are challenges and implicit biases in these police officers' heads, then we need to address them."
In a phone conversation, Kingston Police Chief Egidio Tinti said that if someone has a complaint, he encourages them to go to the police commission directly. If they don’t feel comfortable, he said, the DA’s office, sheriff’s office or State Police are other options. He added that actions by police officers in the department are not based on race.
Tinti declined to comment on Marshall’s case, specifically because Marshall filed a complaint which will be reviewed by the police commission on Wednesday.
As for Marshall, he is hoping the incident brings change.
"Participation from the community, for people to know what’s going on. Something get done. Something,” he said.