Body cam video released of traffic stop that led to lawsuit against Marion Police Dept.
The attorney for a man who sued the Marian Police Department alleging civil assault, and battery, negligence, and false imprisonment during a traffic stop has released the body and dash cam video.
The lawyer filed the suit against the City of Marion, claiming the traffic stop was a distressing incident involving mistaken identity and excessive use of force.
According to the lawsuit, in November 2022, David Wiggins was leaving a Burger King when he was stopped by a Marion police officer.
The lawsuit said Wiggins pulled over, and the officer drew her gun and pointed it at the vehicle because the officer thought she had pulled over a suspect she had been pursuing.
It added that Wiggins stepped out and was handcuffed on the ground, all while the officer's gun was being pointed at him.
In the body and dash cam video, Wiggins can be heard explaining to officers, while handcuffed on the ground, that he did nothing wrong and had no idea what they were talking about because he never led them on a chase.
The lawsuit states after other officers responded to the scene, and checked the plates, officers determined they stopped the wrong vehicle and Wiggins was released.
"This ain't even him. This ain't even him. But, they almost got an identical tag,” the officer said on the body cam footage.
The officer who initially stopped Wiggins then apologized to him.
"You got almost the same tag. Same Car. He must have passed you going through, and you turned off this way. You're good? You have a good one, ok. I'm sorry about that,” the officer said.
Wiggins’ attorney Marvin Pendarvis said an apology isn’t enough, and the officers need to be held accountable for their actions.
“Despite an apology, he was detained. And he was brought to gunpoint, due to nothing that he did. It was mistaken identity. And it was something that was a traumatic experience for him. And he's been dealing with. This was in November. And he is still in therapy dealing with it,” said Pendarvis.
The City of Marion released the following statement through their attorney, James E. Brogdon, III:
“The City of Marion is sorry the incident with Mr. Wiggins ever occurred. Now that a lawsuit has been filed, the City will withhold further comment and rely on the judicial system to work things out in a fair and just manner for everyone involved."