Grand jury declines to indict former Dallas officer accused of excessive force

Image 1 of 2

The case against a former Dallas police officer accused of using excessive force on a panhandler will not move forward.

A Dallas County grand jury failed to indict former Officer Jesus Martinez on Tuesday.

The Dallas Police Department fired and arrested Martinez in November because of an incident that was caught on camera in Deep Ellum in June.

Cellphone video shows Martinez on top of 57-year-old Joe Wesson, a homeless man with a criminal history. Wesson is on the ground cuffed and screaming.

The scuffle took place after Wesson allegedly took a swing at Martinez and tore his uniform.

Martinez said Wesson was resisting, but the police department's internal affairs department though he used unnecessary force.

Several Dallas council members, local police associations and members of the community rallied behind the officer, who received 16 commendations in eight years.

"He was waiting for backup, trying to restrain a man known in this area for being aggressive and brandishing a knife on the regular to residents and workers in this area," Stephanie Johnson told FOX 4 shortly after Martinez was charged.

He is expected to ask for his job back.