**WARNING: Video contains language that may be considered offensive
The incident, which occurred in Oct. 2010 in Henderson, Nevada, was captured on dashboard camera. The video footage was posted online Jan. 13, but was actually released to the public last Feb. after a lawsuit against the city and state was settled.
The almost four minutes footage, posted on LiveLeak
, starts off with an officer pulling over a car. The policeman goes to the car with his weapon drawn ordering the driver to get out of the car.
"Do not move! Do not move!" the officer yelled, repeatedly.
As several officers try to take the man out of the car, the car begins to move. The officers wrestle the man out of the car and onto the ground, one jumps in the car and puts it to a stop.
Two more officers arrive to the scene as the officers struggle with getting the man down on the ground; one of them begins to kick the man as he is being held. The report says the officer kicked the man, now on the ground, five times.
Afterward, the officers found insulin in the man's pocket, according to footage in the video. One of the officers radios for medical services.
Media reports that provide background on the story say the driver of the car did not pull over when officers observed him weaving in and out of lanes. Other officers joined the approximate 15 minute chase that, at times, included excessive speeds. The officers thought the man had been drinking.
According to the Las Vegas Review-Journal
, the officer who was filmed kicking the man is now facing a grand jury, but no details are available as to what charges federal prosecutors are seeking.
Natalie Collins, a spokeswoman for the U.S. Attorney's office, said Department of Justice policy does not allow for a confirm or deny of the case.
"We can never comment until an individual is charged with a crime and it is made public record," Collins said.
The driver was reported
to have suffered several broken ribs and a black eye; it was confirmed by medics he was in diabetic shock at the time of the incident.
Currently, Henderson Police policies allow for kicking when attempting to arrest a suspect. Clark County District Attorney "encouraged" Henderson Police to review their use-of- force policies, reported the Las Vegas Review-Journal
. At this time reportedly no changes have been made.
"Henderson Police officers are trained to use their hands and feet in situations where that kind of force is necessary," police spokesman Keith Paul said, adding, former Police Chief Jutta Chambers "determined the force used was not necessary for the situation."
The officer is reportedly working in an administrative role.