ASHEVILLE – The officer body camera footage showing a Grove Arcade worker’s recent forceful arrest will soon be made public, following a hearing in Buncombe County Superior Court.
In a brief hearing Jan. 13, Superior Court Judge Gary Gavenus signed an order granting the release of the video “to the general public.” City attorney John Maddux was the only party present for the hearing. When asked by Gavenus if there was an attorney representing the Asheville Police Department, Maddux said he represents both the city and the police department, stating they “are the same.”
Following the order, Maddux told the Citizen Times that the video could be released at any time, depending on how soon the police department can make it available.
Dec. 11, 2024; Asheville, NC, USA; View of the Grove Arcade entrance onto O. Henry Avenue in Asheville.
“I couldn’t say how quickly they’ll get it turned around, but it should be fairly quickly,” Maddux said.
“I don’t know how the police department is planning on putting it up. The last couple times we’ve done this; we’ve put it up through the YouTube channel or something like that.”
Under North Carolina law, police recordings can only be publicly released by a court order, hence the Jan. 13 hearing. APD has released video of controversial arrests in the recent past, including the May 2023 forceful arrest of Devon Whitmire after a petition from the city — which was heavily edited by insertion of APD-written text overlayed on the video — and the arrests of protesters and two reporters in Ashton Park after a request from the American Civil Liberties Union of North Carolina.
While he was at work during a busy Monday evening on Dec. 9, longtime Grove Arcade janitor Louis Searles, 63, was forcefully taken into custody by three APD officers investigating a stolen motor vehicle, which police later determined Searles was “not in any way involved with,” court records state.
Bystanders and workers within the Grove Arcade — many who know Searles on a first name basis — expressed outrage over the way officers treated him. Bystander cell phone video shows two officers take Searles to the ground and place a charged Taser on his back.
Searles, a lifetime Asheville resident and grandfather of four young children, remained visibly upset over the officer’s actions a week after the altercation. Pacing outside the Grove Arcade, pausing a Citizen Times interview multiple times as emotion filled his face, he described what he thought would never happen to him.
“I am really hurt,” Searles said. “Every time I step out here, I see where they had me and it makes me mad. Just the look that they gave me when I asked them a question.”
What happened at the Grove Arcade?: Grove Arcade worker wrongfully arrested; threatened with Taser by Asheville police
Searles was taken to the Buncombe County Detention Facility and was told he’d face two charges. But before the charges were officially filed, an APD lieutenant told the officers to take Searles’ information out of the computer and apologized to him for the “misunderstanding,” according to Searles and APD spokesperson Rick Rice.
“The recent use of force incident at the Grove arcade raises an issue of significant public concern, and we believe it is imperative that the City provide the public with as much information as possible,” City Attorney Brad Branham wrote in an email to City Council members.
“The body cam footage will provide a full account of what led up to the incident, which cannot be seen on recently shared cell phone video.”
A longtime Grove Arcade janitor, Louis Searles, was detained by force Dec. 9, with actions by Asheville police officers he and bystanders say were without cause.
Petition provides more details: City petitions Asheville police to release bodycam video of Grove Arcade worker’s arrest
Maddux said all APD officers depicted in the video were notified and given the opportunity to be heard at the proceeding, per North Carolina law. None appeared in court Jan. 13.
APD is conducting an administrative review of the officer’s actions to see if they followed police procedures. The Citizen Times obtained copies of all three officer’s personnel records, none of which show a previous history of demotions or suspensions.
Bystander video of janitor’s arrest: Video: Grove Arcade janitor wrongfully arrested, he says; threatened with taser by APD
Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober
This story will be updated.
This article originally appeared on Asheville Citizen Times: Judge orders video release of Grove Arcade worker’s forceful arrest