3 deputies charged after beating captured on camera

San Bernardino County District Attorney Mike Ramos said his office has filed charges against three San Bernardino County sheriff’s deputies in an officer-involved use of force incident that took place in the High Desert back in April.

Ramos announced Tuesday that deputies Nicholas Downey, Michael Phelps and Charles Foster were each charged with one count of assault by a public officer.

According to the district attorney’s release, if convicted as charged, each officer faces up to three years in county prison. All three deputies are scheduled to appear in court for arraignment on September 8.

“The vast majority of our law enforcement officers do an excellent job of protecting the public,” District Attorney Mike Ramos said. “However, in those rare instances when an officer crosses the line and uses excessive force, the officer must be held accountable. Today, we have taken the first steps to hold these officers accountable.”

Ten deputies were initially placed on administrative leave after video showed a group of them kicking 30-year-old Apple Valley resident Francis Pusok, who fled in a car and then on horseback through the High Desert on April 9.

According to officials, deputies tried to serve an identity-theft warrant on Pusok and he sped off in a car that he abandoned, then stole a horse in Hesperia and galloped through rugged terrain.

Video shows the horse throwing Pusok from its back. Deputies arriving by helicopter jolted him with a stun gun. The video then shows deputies kicking and punching Pusok dozens of times in the head, groin and elsewhere as he lay on the ground.

According to a release from the San Bernardino County Sheriff’s Department, Pusok was treated for minor injuries consisting of abrasions and bruising. He was treated at the hospital and then transported to West Valley Detention Center.

Officials said two deputies were hurt during the search with injuries consisting of abrasions, a twisted knee and a back injury from being struck by the horse. They were treated and released.

Pusok was booked for felony evading, theft of a horse, possession of stolen property and an active warrant for reckless driving. His bail was set at $115,000.

The Board of Supervisors in San Bernardino County unanimously agreed to pay $650,000 to Pusok after video of the beating surfaced. Sheriff John McMahon called video of the confrontation disturbing.

On May 11, the sheriff’s department named the 10 deputies who were believed to be involved in the incident:

Deputy Nicholas Downey, Victor Valley (Charged)
Deputy Scott Hamilton, Victor Valley
Deputy David Moore, Victor Valley
Deputy Dominic Moody, Victor Valley
Detective William Doemner, Victor Valley
Sergeant James Evans, Victor Valley
Deputy Michael Phelps, Twin Peaks (Charged)
Deputy Raymond Perez, Twin Peaks
Deputy Tyler McGee, Apple Valley
Deputy Charles Foster, Hesperia (Charged)

Spokesman David Wert said attorney’s for Pusok finalized the settlement with the county after Pusok was arrested on April 9. The terms of the agreement state the county acknowledges no wrongdoing and settles all potential claims from Pusok that could stem from the incident, according to the release.

“The sole purpose of this agreement for both parties is to avoid the costs involved in litigation,” said Board of Supervisors Chairman James Ramos. “This agreement is a fair outcome for everyone involved, including the taxpayers.”

Officials said the sheriff’s department received multiple threatening emails, phone calls and posts on social media after people saw the aerial coverage of the suspect being beaten. Investigators looked into the validity of the threats before releasing the deputies’ names.