Asheville Police investigating after video goes viral


    In the nine-second video, you can see an altercation between an Asheville police officer and a young woman during an arrest. Witnesses say the officer used excessive force, while Asheville police maintain the clip is from a much longer incident under review. (Photo credit: Cherell Mooney/WLOS staff)

    ASHEVILLE, N.C. -- A short video posted to Facebook Monday night is quickly gained the attention of the Asheville community.

    In the nine-second video, you can see an altercation between an Asheville police officer and a young woman during an arrest. Witnesses say the officer used excessive force, while Asheville police maintain the clip is from a much longer incident under review.

    Click here to view the post and video. WARNING: video contains profanity.

    Cherrell Mooney posted the nine-second phone video she shot of 16-year-old Kacee Fleming and Officer Shalin Oza on her Facebook page.

    Mooney says she saw Kacee approach as police were handcuffing Kacee's brother, Dominic Fore. APD had a warrant for Fore's arrest.

    "She was asking them, 'Why are ya'all arresting my brother?'" Mooney said. "The officer was being rude, they didn't want to talk to them."

    Mooney says the officer grabbed Fleming and swung her.

    "I have no trust in the police anymore." said Crystal Fleming , Kasee's mother. She says her daughter was trying to communicate with police before the incident, to tell them that Fore had just gotten "out of (the) ICU."

    "She is not trying to be disrespectful," said Crystal Fleming. "But ya'all are not listening. They were not listening."

    "You wonder why people are running around here saying 'Black lives matter,''" she continues. "That's why. Because we really don't think our lives matter, because he could have pulled her to the side, talked to her. He didn't even do none of that."

    According to a document related to the incident, the Fleming assaulted and struck Oza as he tried to make the arrest, stepping on his feet as he attempted to bring her "under his control."

    The video was posted online and shared to the Asheville Black Lives Matter Facebook group on the evening of Monday, September 5.

    Sgt. Noland Brown, who was on the scene when the alleged assault happened, tells News 13 that APD was in the area for another incident, and saw Fore. Fore put up "minimal resistance," and was taken into custody with "light hand force."

    The document also states that Kasee Fleming yelled at officers and reached into Fore's pockets, causing officers to have to "deal with" her.

    The document says she was arrested and charged as an adult for resisting, obstructing or delaying an officer. Sgt. Brown also told News 13 that she is also charged with misdemeanor assault on a government official.

    The Asheville Police Department released the following statement:

    The Asheville Police Department has viewed the video circulating on social media regarding the arrest of a 16-year-old female on the evening of September 5, 2016.
    The nine second video is only a small portion of a much longer incident.
    The Asheville Police Department is in the process of conducting a full administrative investigation that will review all evidence, including the video circulating on social media and body worn camera footage, in our review.
    The Asheville Police Department is dedicated to providing the best possible police service and upon completion of the review will take appropriate action, if deemed necessary.
    Anyone with additional video footage or information regarding this incident is encouraged to contact our Professional Standards Office at (828) 259-5907.

    Kacee Fleming was released on a written promise to appear.

    Despite requests, the APD has not released the body cam footage from Monday night. They ask anyone with any additional video to contact them.





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