Family: Police officer used excessive force on teen

13-year-old allegedly beaten up, bloodied and bruised by cop

By Jennifer Bauer - Reporter

BAYTOWN - The family of a 13-year-old said he was beaten up by a Baytown police officer and now they're demanding answers.

Pictures show 13-year-old Joseph Diaz bloodied and bruised.

"I'm upset about the fact that excessive force was used on my child," said Misty Jones, Diaz's mother. 

Baytown police told Local 2 the incident happened around 1 a.m. on June 20. They reportedly received a call from someone who lives in the Ginger Creek Estates neighborhood. That neighbor saw three males looking into car windows, trying to open doors and the neighbor thought they were attempting to break-in.

According to police, when they arrived in the area, the officer spotted Diaz and a friend and pulled over to talk with them.

"They started hitting him right from the start, he didn't have a chance to fight back, " Jones said.

Diaz admits he jerked his arm away when the officer tried to grab him, but he said that's as far as it got before the officer threw him down.

"That's when he slammed me down on the ground and started hitting me," Diaz said.  

Diaz was hit with the taser twice and said he blacked out. Police took him into custody and then to the hospital to be checked out.

Jones said the whole thing was a case of mistaken identity and that her son was not breaking into cars. She said he was supposed to be sleeping at a friend's house and that they left to visit another friend. 

Diaz was charged with evading on foot and interfering with public duties.

Jones has already filed a complaint with the Baytown Police Department. Now she's hoping a lawyer will take her case and look further into the incident.

Baytown police said an internal affairs detective is investigating Jones' allegation of excessive force. 

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