JACKSONVILLE, Fla. – A video that quickly went viral on Sunday, showing a 22-year-old man being hit by police during a traffic stop, has raised questions about drivers’ rights when being pulled over by police.
The traffic stop, which took place on Feb. 19 of this year, was captured on video, and it has over 1 million views. It shows JSO officers breaking Will McNeil Jr.’s driver’s side window, hitting him in his face, and pulling him out of his SUV during the traffic stop after he asked to speak to a supervisor.
According to his arrest report, the traffic stop began when Officer Bowers observed McNeil driving with no headlights in inclement weather, and he was not wearing a seatbelt. The report says McNeil refused to provide his driver’s license, registration and proof of insurance.
During the traffic stop, McNeil asks officers for the law regarding his headlights.
“You’re within your right to question the reason for the stop,” News4JAX Crime and Safety Analyst Tom Hackney said. “To demand that the officer pull up a law or show me the justification... I say this all the time, the roadside is not the place to debate that.”
McNeil then asked to speak with a supervisor.
“In the course of trying to yell through windows, it’s just not the time to demand that,” Hackney said.
According to Hackney, officers can demand that a driver step out of the car and/or to roll a window down. They can also ask for your driver’s license and registration. The driver can file a complaint and/or ask for a supervisor after complying with the officers’ requests.
“They are seeking compliance, and that’s what some of this is all about,” Hackney said.
The police report also says McNeil Jr. was warned several times and refused to comply.
In the video, an off-screen officer can be heard saying, “Go for it,” which is followed by the officer on the driver’s side striking the window three times and breaking it.
As that officer yells, “Exit the vehicle now! Exit the vehicle!” he can be seen striking McNeil Jr. in the face with a closed fist once before asking him to show his hands.
McNeil Jr. does not visibly react to the initial face punch and shows the officer his hands.
“That’s a non-standard move with that,” Hackney said. “That typically does not involve any trained measure as a punch to the face.”
If there had been an immediate move toward a weapon, then the officer is within their rights to use that level of force to stop that, Hackney said.
According to the police report, “the suspect was reaching for the floorboard of the vehicle where a large knife was sitting.”
However, the video does not show McNeil reaching for a knife from the video angle.
McNeil is pulled out of the vehicle and hit again by police.
“They are certainly going to have to justify that first punch out of the newly broken window,” Hackney said.
Hackney said, according to the video, most of what the officers did was within compliance. But hitting McNeil in the face will have to be explained.
Court documents show on Feb. 20, McNeil Jr. made a plea deal with the State Attorney’s Office for his charges. He pleaded guilty to resisting an officer without violence and driving while driving on a suspended license.
The charges involving drug paraphernalia, possession of marijuana edibles, driving with no headlights and no seatbelt were all dropped.
McNeil Jr. hired nationally renowned civil rights attorneys Harry Daniels and Ben Crump.
