GOODYEAR, Ariz. — A Goodyear man claims officers used excessive force when arresting him, leaving him with injuries he’s still trying to recover from months later.
According to a notice of claim filed on behalf of Marshun Neeley by his attorney Quacy Smith, Goodyear police officers were called to Neeley’s home back on Nov. 5, 2022.
'What's the dog for?'
“We do know that the girlfriend had called because they were having an argument and she just wanted Mr. Neeley to leave their residence until things calmed down,” Smith said at a press conference Friday morning.
Instead, Smith said things escalated after Neeley shuts the door on officers. In footage from Neeley’s own in-home video, provided to 12News by Smith, Neeley is seen shutting and locking the door on officers saying “Man we good.”
“Should they continue investigating at that point? Absolutely. Should Mr. Neeley shut the door in their face? Absolutely not,” Smith said.
A few moments later, officers are seen breaking down the door in the video.
“I just remember automatically complying,” Neeley said. “I'm not gonna run. There's nowhere to go. Like, I wonder I honestly thought they were gonna ask me my side of the story.”
The notice of claim alleges officers broke one of Neeley’s fingers and four of his teeth as they took him to the ground.
Then, a K-9 officer is seen coming into the home behind an open door.
“Once I saw that they were just throwing me around, I immediately went to the ground, put my hands behind my back and I felt like blood running down my leg,” Neeley said. “That's when I look back and see the dog. And I'm like, my hand is already behind my back. You've got me handcuffed. What's the dog for?” Neeley said.
Smith believes Goodyear police already had Neeley restrained, and there was no need for a K-9 officer.
“You can clearly see another officer entered with the dog, didn't even try to restrain the dog and allows this dog to chew on Mr. Neeley’s leg, that's unacceptable,” Smith said.
Goodyear police decline interview citing pending litigation
12News asked a Goodyear Police Department spokesperson for an interview with Chief Santiago Rodriguez regarding the arrest, and if any officers were facing internal investigations related to the incident.
“The city has received Mr. Neeley’s notice of claim and disagrees with his version of events, but due to the pending litigation we are unable to speak about the incident,” the spokesperson told 12News via email.
In a phone call, the spokesperson told 12News the person who called 911 did have an order of protection against Neeley and Neeley had violated that order of protection before.
Goodyear police have not released their own video or reports to 12News or Neeley’s attorney.
Expert: More evidence needed
“I think it’s a hard situation,” said Mike Parra, a retired Phoenix police commander.
Parra reviewed the notice of claim and video provided by Neeley’s attorney.
“When they took him down to put him in custody. It's kind of hard to tell what happened afterward, the doors blocking the whole scene without any kind of additional video camera or any kind of body camera to see what else happened,” Parra said.
Accountability sought
According to Goodyear Municipal Court records, Neeley is facing several charges for the incident, including resisting.
The notice of claim was filed against the City of Goodyear, its police department, the police chief, and 10 unidentified officers for the arrest. It also alleges Neeley was taken to jail before being treated for his injuries at a hospital. The claim also said the jail decided to take Neeley to a hospital to be seen.
As for what Smith hopes will change with this notice of claim, he hopes to see changes including policies revisited, de-escalation training, and more transparency.
“If you don't have accountability and instances such as this, then you end up with folks being shot and killed by the police unjustifiably,” Smith said.
However, Neeley doesn’t believe change will come.
“I really don’t think that this is going to change,” Neeley said. “I think it will keep happening. That’s my honest answer.”
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