KELLER, Texas – After being pepper-sprayed and arrested, a North Texas man is suing two Keller police officers. The lawsuit contains allegations of racial profiling, violations of constitutional rights, and retaliation. 

The August 2020 incident was recorded on recently released police body and dashcam video. After an internal investigation by the Keller Police Department, one of the officers listed in the suit had his title of sergeant stripped away. He remains on the force, however. 

In the video, two Keller police officers sling Marco Puente to the ground before one of the officers blasts him with pepper spray. 

“The city needs to get those guys in check. I hate to say proper training, but I’m pretty sure they’ve been properly trained. It’s just a matter of how these officers execute when they’re on their own,” said Puente in an over-the-phone interview. 

The recording of the tense situation is what’s helped Puente to file a lawsuit against officers Blake Shimanek and Ankit Tomer. At the time of the police stop, Shimanek was a sergeant with the department. 

Officer Shimanek's actions were deemed unacceptable by the department, and his demotion was the result. Soon, a jury could be weighing in as well if the lawsuit makes its way to trial. 

Scott Palmer is representing Puente in court – it’s a case he wants to put in front of a jury. 

“This is not how police officers are supposed to behave. They are supposed to deescalate, and in this situation, there was nothing really to deescalate,” said Palmer, also in an over-the-phone interview. 

The below video contains strong language and may be disturbing to some viewers.

Puente was pepper-sprayed after then-Sgt. Shimanek pulled over his 22-year-old son. The officer claimed that he’d made an illegal wide turn.

“Why are you acting so suspicious?” Shimanek asked in the 56-minute video after walking up to the younger Puente’s car.

“Because I’m scared,” Puente said in exchange. 

After Puente saw his son being pulled over and arrested, he decided to film from inside of his pickup truck. 

“You’re going to be arrested for blocking the roadway if you don’t park and get out – park over there,” Shimanek yelled to Puente in the recording.

Puente drove away from the scene, parked his truck and walked over to a nearby sidewalk with his smartphone recording. That’s when Shimanek ordered Officer Tomer to arrest him. 

“Arrest him,” Shimanek said. 

“For what?” asked Puente in confusion. 

“For blocking the roadway,” Shimanek declared. 

Puente and his son were taken to jail. The charges, according to Palmer, were bogus. They were eventually let go, but Puente says he now drives looking over his shoulder and out his review mirror. He’s more cautious because of how Keller police treated him and his son. 

“Are they going to retaliate against us? Are they going to see us and recognize us from the cars we drive? Are they going to run our plates or whatever and keep messing with us, or is it just one bad apple?” Puente recently told Spectrum News 1. 

Keller Mayor Armin Mizani held a special meeting after the video was released. An internal affairs report was also released. Due to pending litigation, no statements will be issued from city officials until Tuesday, January 5.