The Brief
A take-down and arrest caught on video is raising questions.
A man is now charged with assaulting a peace officer.
Witnesses dispute that the man punched an officer.
TEXAS CITY, Texas - A Texas City police officer is seen on tense video arresting a man who's now charged with assaulting a peace officer.
Witness video captures tense moments involving Texas City police officer
What we know
TCPD says officer P. Behler was working with a Galveston County Sheriff's Office Task Force outside the Ulta store on FM 517 in Kemah, but witnesses say they never saw him hit the officer, and official records differ on where and when the alleged assault happened.
Weston Mabee was contacted around 3 p.m. Monday, Aug. 11, outside the Ulta at 417 FM 517 in Kemah by Officer P. Behler, a Texas City police officer deputized to the Galveston County Crime Reduction Unit, according to a Texas City Police Department news release.
Behler reported Mabee "refused all lawful commands" and made repeated attempts to get back into his vehicle. The release states Mabee admitted he purchased the license plate online. When Behler escorted Mabee to the front of the patrol car to complete the investigation, Mabee "began physically resisting and struck Officer Behler in the face with a closed fist," the release says.
Mabee’s partner, Felicia Aubert, says she, Mabee, and their three children were shopping for school supplies when Behler pulled up in his unit behind their parked car. She says he called Mabee over without explaining why. She said Behler eventually came to Mabee and "physically pulled him toward his vehicle."
Aubert says when the officer asked, "What’s up with your license plate?" She went to her car to pull up documentation on her phone. She said she then heard commotion and turned to see the officer taking Mabee down, and that she never saw Mabee hit the officer.
"Why would a police officer feel the need to use such excessive force when my husband didn't do anything to him," she said.
A separate witness, who recorded additional video, also said she did not see Mabee strike the officer.
"He was just beating that young kid for no reason," said the witness.
An affidavit of probable cause filed in Galveston County cites a timeline that slightly differs from the department’s public statement. In the charging document, Behler told the investigator he observed a Chrysler with a fictitious plate in the Ulta lot and attempted to detain Mabee, who resisted and continued to try to enter the vehicle. The affidavit states Behler, "placed the defendant on the ground," and after Mabee was on the ground he "struck [Behler] in the left side of the chin with a closed fist, causing him pain."
The news release doesn't mention a take-down, stating instead the punch occurred after Mabee was escorted to the front of the patrol unit.
The department said Mabee continued to be combative with additional responding officers and was placed in "The Wrap," a restraint device. The Galveston County District Attorney’s Office accepted a charge of assault on a public servant, a third-degree felony.
Mabee was booked into the Galveston County Jail. Investigators suggested the state set the bond amount to $250,000. However, a judge set Mabee's bond at $100,000.
The Source
Galveston County charging documents, Texas City Police, Felicia Aubert, anonymous witness and witness video.
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