UPDATE: Charges dropped against alleged victim of excessive police force
UPDATE: On Thursday, Judge Alex McVeagh notified those present in his courtroom that the charges against James Mitchell were dropped.
Mitchell's arrest and roadside body search have become the center of controversy on how the deputies conducted the search process.
He's due to appear in a Marion County courtroom on August 16 for other charges.
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It shows James Myron Mitchell being repeatedly punched and kneed by the two deputies.
Mitchell's attorney Robin Flores says what happened to Mitchell is completely uncalled for.
"Just because he is an ex-con doesn't mean that he gets treated any differently. We are not in Iraq. We are not in Russia. We don't take this justice out on the streets. There is no call for that,” Flores said.
According to the arrest report, the deputies searched Mitchell during the traffic stop and suspected he was in possession of a weapon,
The deputies did find marijuana in Mitchell’s pocket, which then led to a cavity search.
"I don't have all the records yet. I know one of his injuries he is being treated for is a result of the cavity search,” Flores said.
The charges against Mitchell were dropped Friday by District Attorney Neal Pinkston.
Flores praises his decision but believes now it's up to the sheriff's office to make sure no officer does this again.
"He's gotta hold his officers accountable. There are next steps that I anticipate Mr. Mitchell will take that will include civil rights litigation. It depends how they respond to it. And how they make it right once their officers have done something like this. I would hope they don't say well we've dismissed the charges and that's it. This man was savaged,” Flores said.
Flores says he and Mitchell plan to meet with a judge on Monday in order for him to get the money the deputies confiscated from him back.