UPDATE: Red Bank Police officer under investigation by TBI takes - WRCBtv.com | Chattanooga News, Weather & Sports

UPDATE: Red Bank Police officer under investigation by TBI takes a leave of absence

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RED BANK, TN (WRCB) -
UPDATE (9/30/14):   The Red Bank Police officer under investigation by the TBI has taken a 2 weeks leave of absence.  Dash-cam video of the April incident shows Kaylor beating Resendiz, while arresting him for a DUI by consent charge.  
Resendiz suffered facial cuts and a broken eye socket.  He filed a complaint with Red Bank Police for excessive force, but it was denied by the department's Internal Affairs unit.
Resendiz's attorneys are considering filing a lawsuit. 

UPDATE
:  District Attorney General Neal Pinkston has asked the Tennessee Bureau of Investigation to look into the actions regarding the events and arrest of Candido Menina on April 13, 2014 that were captured on video.  Pinkston also requested an investigative review into surrounding the availability of the video at the defendant's preliminary hearing at Red Bank Municipal Court and at subsequent stages of the criminal justice process. 

PREVIOUS STORY:  It's April 13th, 3:15 in the morning as Red Bank Police are taking 34 year old Candido Mendina Resendiz into custody for a DUI by consent charge as an officer's dash-cam captures the sequence of events.

"We believe the video shows that Officer Kaylor used excessive force when he punched Mr. Medina in the head seven times," says Resendiz defense attorney Andrew Free from his Nashville office.



Attorneys Free and Kyle Mothershead represent the Mexican national, who appeared at the Hamilton County Jail's intake a short time later, suffering facial cuts and a broken eye socket. 



Resendiz filed a complaint of the excessive use of force, that was later denied by Red Bank Police Department's Internal Affairs Unit.



Five months later, Resendiz remains jailed after a grand jury indicted him, but without apparently seeing all available evidence.



With the dash-cam video now coming to light, Hamilton County District Attorney Neal Pinkston wants a Grand Jury to revisit the Resendiz case.



By tendering this motion Wednesday afternoon to remand the case, where jurors could reconsider their earlier indictment.



"We agree with the remand, we really appreciate the Hamilton County District Attorney's office appears to be very committed to a fair and just process," said Kyle Mothershead a few hours after the motion was filed.


We tried speaking with Red Bank Police Chief Tim Christol, who declined our interview request while issuing this statement; "Given the expressed intent of the attorneys in this matter to file future litigation, it would be inappropriate for me to discuss this matter pending disposition of that action."


That's not stopping some critics of the Red Bank PD, who have more than 200 followers on a Facebook Page calling for the firing of Resendiz arresting officer Mark Kaylor.



Kaylor, who reportedly is up for a promotion to Sergeant, also has a footprint on the World Wide Web.



We found this on the anti-drunk driving website www{dot}iam1n3{dot}org, where Kaylor allegedly authored the following passage; "Every day when I turn my radio off and take off my uniform, I know I have given my best that day. To me the power is not in the badge or the gun. The true power is in making sure people are safe and can live another day. I rest easy every night (day) knowing on my watch people were safe, both innocent and guilty alike."


Meanwhile, Resendiz attorney Kyle Mothershead had this to say about the Internal Affairs decision to clear Officer Kaylor.
"The fact that Red Bank has exonerated and now appears to be promoting Officer Kaylor is a demonstration of the Red Bank Police Department's values."



Resendiz could be back in court before his next scheduled date of October 2nd.






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