Man wrestled to ground by LASD deputy during arrest in Whittier speaks out

"It was initial confusion and then it was, 'I am going to die,'" recalled 23-year-old Emmett Brock.

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Tuesday, July 25, 2023
Man wrestled to ground by LASD deputy during arrest speaks out
"It was initial confusion and then it was, 'I am going to die,'" said 23-year-old Emmett Brock.

WHITTIER, Calif. (KABC) -- A 23-year-old man who was pulled over and then wrestled to the ground by a Los Angeles County deputy in Whittier spoke out about the encounter that has since become the center of an excessive force investigation.

The arrest, which occurred on Feb. 10, was captured on video and has been raising questions about whether the deputy went too far.

Video shows Emmett Brock pulling into the parking lot of a 7-Eleven with the deputy, who's been identified as Joseph Benza, pulling up behind him.

After he gets out of his vehicle, the deputy wrestles Brock to the ground, and Brock can be heard screaming "help" and "you're gonna kill me."

READ MORE | Violent arrest in Whittier raising questions about LASD deputy's use of force

Emmett Brock's attorney says his client was pulled over and then wrestled to the ground after he flipped off the deputy.

"He grabs me, throws me on my head and begins to punch me in my head with a closed fist about 10 times," Brock said during an interview with Eyewitness News on Monday. "It was initial confusion and then it was, 'I am going to die. He is so out of control; he is going to kill me."

Brock said Benza began following him after he flipped off the deputy when he passed him in a heated discussion with a woman along the road and claims Benza never turned on his lights or sirens.

"It was an excessive use of force and somebody that was enraged and retaliating against a criticism that somebody had of them," said Brock, who was arrested and charged with three felonies.

Benza later reported the initial traffic stop was made because of an air freshener hanging from the mirror that was obstructing his view.

"My client immediately took control of that situation in an attempt to stop Mr. Brock from walking away in that traffic stop," said Benza's attorney Tom Yu.

Yu also said that Brock bit the deputy during the struggle. Brock denied that allegation.

After his arrest, the 23-year-old was allegedly questioned about his gender and when he explained that he is a transgender man, he had to explain how the surgeries worked and what hormones he was taking. Finally, the jailer asked him to show his genitals to prove his transgender status.

Still he was placed in a woman's holding cell.

"They were just extremely transphobic and discriminatory and harassing," said Brock. "I felt like it was out of very malicious intent. I felt like they wanted to humiliate me."

Los Angeles County jail records reviewed by Eyewitness News indicate Brock was booked as a female. Brock also lost his job as a high-school teacher when the state notified the school district of the charges, according to The Los Angeles Times.

Bruce Thomas, a retired law enforcement expert, called the video of the arrest disturbing.

"Escalates it from nothing to a wrestling match on the ground, to punches, kicks," Thomas told Eyewitness News. "It's just very, very confusing to me as someone who has investigated hundreds of uses of force."

In a statement the sheriff's department says, "The department is investigating the information and allegations brought forward by Mr. Brock and his attorney. Unfortunately, we cannot comment any further at this time due to the pending litigation in this matter."

Brock was treated for a concussion. According to court records, Brock's arraignment was on April 14 and he pleaded not guilty.