WJTV News Channel 12 - Deputy caught on controversial cell phone video to get training

Deputy caught on controversial cell phone video to get training

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JACKSONVILLE, N.C. - The Onslow County sheriff has addressed a controversial YouTube video that was published, showing one of his deputies handcuffing a man last Saturday.

"Her career can be salvaged," said Sheriff Ed Brown in a morning news conference. "What we're going to do to salvage her career is to put her back on training, directly supervised. She'll be assigned to a captain of the shift or a sergeant of the shift and will perform all her actions under their supervision for the next six weeks."

Sheriff Brown said the deputy shouldn't have placed a man in handcuffs, nor taken away his cell phone. He says the deputy will be assigned back to one-on-one training for six weeks which will focus on civil disputes.

A report about the incident shows the deputy was called out over a dispute between neighbors over their dogs. It also says that the homeowner began getting angry and recording the deputy with his cell phone.
    
The man was eventually cuffed and taken to the deputy’s patrol car.
   
No charges were filed, but the video is gaining traction online on websites such as "Photography is Not a Crime," which promotes the recording of law enforcement.

The homeowner, Carlos Jaramillo, started recording the deputy with his cell phone. When she asked him to put his phone down, Jaramillo continued to record. He was eventually handcuffed and placed in the deputy's car.
    
9 On Your Side talked with Jaramillo Tuesday and he said he felt the deputy had no legal right to handcuff him if he wasn't user arrest. He also explained why he brought out the cell phone in the first place.

"When the situation escalated, I felt threatened, so I wanted to get a record for my safety, and that's the reason the cell phone came out," said  Jaramillo, who took cell phone video of officer. 

Jaramillo said he has a fine relationship with the neighbor involved in the incident and that he wished they would be more courteous when they put their dog outside.

9 On Your Side also talked with Paul Buchanan, a local law enforcement trainer who actually trained Barber during basic training. He says situations like this can easily be avoided.

“If you were doing everything that you're trained and everything that you're supposed to do under the law by what we teach in class, and if you follow those guidelines,” Buchanan says, “You shouldn't have any problems if someone's videotaping you."

Buchanan also says Barber completed 18 hours of constitutional law training, including first amendment rights, and what happens in situations like these, comes down to Barber herself.

"They were trained properly,” he says. ”And they need to take that training that they were trained with her back to the agency and utilize it properly.”
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