Video appears to show UNM student getting kneed in groin

Caleb James, KOB Eyewitness News 4
Created: 05/19/2014 10:38 PM

For the first time Monday we're learning exactly what happened before a UNM law student's testicle was shattered, allegedly by an APD officer.

KOB Eyewitness News 4 requested lapel video from APD officer Pablo Padilla, but the station's request has not been fulfilled.

APD did turn over the officer's lapel video to political action group Progress Now New Mexico, and KOB has obtained the organization's copy.

On April 24, University of New Mexico law student Jeremy Martin was pulled over for running a stop sign on Campus and Wellesley near the north side of the UNM campus.

The video shows Martin being pulled over, and being asked out of the car. Padilla asks Martin to sit down on the curb, which he does.

At one point, Martin stands up and walks into the road.

This is a transcript of what's heard on lapel cam at that time:

{Padilla} Sit down, what don't you understand?

{Martin} I understand.

{Padilla} Sit down sir right now.

{Martin} Can I, can I please...

{Padilla} Sit down or I'm going to put you down.

{Martin} ... have one of my friends drive this truck away?

Padilla then tells Martin he's been drinking and driving, and repeats Martin's admission he's had three beers.

Martin follows Padilla's orders and sits, but then stands up a second time.

The transcript continues:

{Padilla} Sit down right now. Sit down right now.

Sit down right now or I'll mace you. It's real simple.

{Martin:} Mace me. Mace me please. I would love for you to mace me. That would be fantastic sir.

{Padilla:} You need to sit down.

{Martin:} Let my friends drive the truck away and let me walk away.

{Padilla:} That's not how it works.

Martin continues to argue with Officer Padilla, and that's when a scuffle takes place.

{Padilla} Turn around.

{Martin} Don't kick me in the nuts, you (expletive).

{Padilla} Get on the ground!

{Martin} (expletive) you!

Martin is thrown to the ground -- road rash is visible on his face afterward.

Martin's arrest was no routine stop, but a lot happens after Martin gets taken down by Padilla too.

After he's placed into handcuffs, the following conversation takes place:

{Padilla:} Get up

{Martin:} I need my glasses. No I need my glasses...

{Padilla:} Get up.

{Martin:} I'm not getting up without my glasses.

One of Martin's friends was filming Padilla during the course of the traffic stop and later arrest. At one point during the incident, Officer Padilla forcefully confiscates the man's phone.

{Padilla}: I need you to put your phone away okay?

It's being all recorded right here, so don't worry about it okay? It's being all recorded, so please put your phone away.

{Friend:} Am I not permitted by law to...

At that point, Padilla swipes the phone from the man's hand.

{Padilla}: I said put your phone away do you understand that?

Padilla then makes comments about finding marijuana in the car, but it isn't visible on camera.

"So this joint isn't yours right here? Right where you were sitting at?" Padilla asks on lapel cam, though no drugs are visible in the video.

Martin made an official report about the assault to an APD detective in his room at Presbyterian Hospital as his parents look on.

"Second time I got up he came back to me very quickly and in one motion kneed me in the groin," said Martin.

It's clear from the video Jeremy Martin was talking back to Officer Padilla.

Martin's attorney Sam Bregman Monday said nothing Martin could have ever said justifies what happened to him.

Martin is suing APD.

Because it is an on-going legal and personnel matter, APD declined to comment.

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