Attorney claims Hamilton Co. deputy used excessive force during Christmas Eve traffic stop

An attorney claims a Hamilton County Sheriff's Office deputy used excessive force on a man during a traffic stop last Christmas Eve.

After the incident, the man faced several charges. But 4 months later, all those charges were dropped.

Attorney Robin Flores says his client, Taylor Garner, was stopped by Hamilton County Deputy DeShon Parker on Dayton Boulevard in Red Bank at about 10:45 p.m.

An affidavit we obtained says Deputy Parker stopped Garner because he was 'weaving all over the road.'

"I noticed the Honda nearly collided into the curb several times as it continued north on Dayton Boulevard,' Deputy Parker later reported.

Once stopped, Deputy Parker says he "detected a very strong odor of marijuana and an unknown alcoholic drink emitting from the vehicle."

The video shows Deputy Parker asking Garner if he had been weaving, but Garner denied it.

Deputy Parker then asks Garner to step out of the vehicle.

Garner refuses, saying, "you need a warrant."

Deputy Parker replies, 'no, I don't,' and opens the car door, unbuckles Garner's seatbelt, and pulls him out of the car and onto the ground.

Body camera footage via Attorney Robin Flores.

Deputy Parker says in the affidavit:

"Taylor grabbed on to my uniform and began to resist by pulling away. I then pulled Taylor out of the vehicle and used the ground to control him. I attempted to handcuff Taylor while I was partially on the ground. Taylor continued to resist and grabbed onto my upper leg while he was still on the ground. Taylor swung at me twice while on the ground and hit my left arm once. I punched Taylor with a closed fist one time to stop Taylor's actions. Taylor stopped resisting, and I was able to handcuff him."

The affidavit says deputies found an open bottle of an unknown alcoholic drink in Garner's back seat, along with marijuana joints in the front passenger floorboard, marijuana wax in the front seat, and marijuana buds in a clear plastic bag.

Garner was charged with driving under the influence, driving left of the center line, possession of a controlled substance, resisting arrest, assault, and violation of open container law.

Attorney Robin Flores says Deputy Parker went too far during this incident.

Flores told us on Tuesday that he is preparing to file a lawsuit in the coming weeks for excessive force, unreasonable seizer of excessive force, state claims of battery and assault and indemnification on the county.