The violent encounter with deputies was captured on video.
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"While one deputy had a carotid chokehold around his neck, which is outlawed in California, another deputy was freely punching his face. The video speaks for itself," said attorney Christian Contreras.
Hernandez is disabled. The 34-year-old had one leg amputated a few years ago. His attorney accuses the deputies of profiling Hernandez in his East L.A. neighborhood.
"There was no report of a crime, there was no report of ongoing crime, there was no one who called 911 with respect to Alejandro," Contreras said.
According to the sheriff's department, deputies were on patrol Monday when they spotted Hernandez walking in the street near his home. They say they recognized him as an active gang member.
According to authorities, deputies saw Hernandez moving his hands toward his waistband, possibly trying to conceal something. During the struggle, the deputies felt and recovered a firearm.
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Community members and relatives are demanding justice.
"I need these sheriffs to be held accountable for what they're doing because it's not right," said Gabriela Ortega, Hernandez's mother.
Hernandez was arrested on charges of being a former felon in possession of a firearm and resisting arrest.
His attorney plans to file a civil rights lawsuit.