According to
CNN, Antonio Martinez was taken to the hospital and he was also detained for possible obstruction of justice, but San Diego County Sheriff's Department spokesman Jan Caldwell said that there was no citation or charge filed on that or other counts.
According to
sources, the incident took place on last Tuesday night, near Martinez's family bakery. Deputies were looking for a possible domestic violence suspect. Caldwell said that deputies spotted Martinez walk by and he was covering his head with a sweatshirt hood and he had his hands in his pockets.
According to
UPI, deputies asked him to stop and when he didn't stop, a deputy used pepper spray on Martinez and then struck him with a baton, which sent him to the ground. Martinez was then handcuffed.
A witness said that she told the deputy that Martinez had a disability several times before and during the confrontation.
Caldwell said that it was dark out and the deputy could not tell that Martinez had a disability.
Jessica Martinez, the victim's sister, said that her father is thinking about suing the sheriff's department.
