According to FBI special agent Marshall Stone, the FBI is making an assessment of the case to see if any federal laws have been broken.
Candido Medina-Resendiz is the man who was seen on video taking seven punches to the head by Officer Mark Kaylor.
Kaylor and two other officers were in the process of arresting Medina when Kaylor laid on top of him and threw seven consecutive punches to Medina’s head while his hands were behind him.
Medina suffered a serious fracture to his eye socket that required surgery.
Since WDEF first reported the story attorneys for Medina have begun learning about other alleged incidents involving officer Kaylor’s use of excessive force.
Anthony Lopez, 34, is alleging misconduct by officer Kaylor. Lopez was arrested in August for DUI.
According the arrest report, Lopez was driving in the wrong direction on Highway 27 then onto I-24. The report also says Lopez nearly hit oncoming traffic. Kaylor reportedly used his car to steer Lopez off the road and away from other motorist. The report says when Kaylor tried taking Lopez into custody, he resisted and Kaylor had to use physical force to get him to comply.
But Lopez tells a different story.
"According to Mr. Lopez’s recollection, officer Kaylor’s pulled him from the vehicle; threw him to his knees; handcuffed him with his hands behind his back. At that moment when he is on his knees and handcuffed near his vehicle, he felt his skull hit the pavement and he looses consciousness," said defense attorney Andrew Free.
"All I recall is stinging pain to my head from which I received road rash. My guess is that my head was scraped against the asphalt. I had lacerations on the front of my head on the side of my temple," said Lopez in a recorded audio statement.
Lopez was arrested for DUI, reckless endangerment, resisting arrest and driving on a suspended license.
His blood alcohol test revealed he was below the legal limit.
Despite what has been alleged by Lopez and the injuries he sustained during the arrest, there was no use of force report filed by officer Kaylor.
"It is troubling that a subject who comes into contact with this red bank police officer suffers injuries during that contact would have no official report from that red bank officer as to how those injuries occurred," Free said
According to a written Red Bank police policy, any officer who uses physical force or non-deadly weapon to arrest a suspect is required to fill out a Response to Resistance Report.
"The reason we write these reports is so that supervisors can review them. So that there is an independent way to verify a documentation of what has happened," Free said.
In the case of the recorded beating of Medina, a Response to Resistance report was written and signed but not by officer Kaylor. It was written and signed by Corporal Leightaylor Noorbergen who according to a statement by officer Jeremy Waters arrived on scene after Medina was punched.
WDEF tried getting a comment from the Red Bank city manager but were told he’s on vacation.
Police Chief Tim Christol has already made it clear to WDEF that he will not comment on anything related to a pending federal lawsuit by Medina and his attorneys.