Hayward police look into videos of violent arrest

Hayward police’s Internal Affairs Unit is investigating cell phone videos showing four Hayward officers taking a man to the ground during an arrest and at least one officer repeatedly punching the man while he is held down.

The videos, taken on Easter Sunday by Hayward resident Wendy Cruz, show four uniformed Hayward officers forcing a man to the ground of a shopping center parking lot on West Harder Road in Hayward.

One video shows officers pulling the man — who was then sitting on the pavement — by his arms and pushing him on his side, against the ground. While the man is restrained on his side by officers, one officer can be seen punching the man at least four times before one of the five 10second videos ends.

A fifth officer can be seen standing nearby holding a redcolored bean bag gun. A separate video provided to KRON 4 shows one officer kicked the man in the chest at least once while officers are pulling him to the ground.

Hayward police spokesperson Michael Wright told The Chronicle on Wednesday that he could not provide details about the officers involved in the incident, and said he did not know whether the officers were on paid administrative leave.

Wright said police arrested the man, Keith Swain, 35, on suspicion of being a felon in possession of a firearm, illegal possession of ammunition, altering or replacing identifying marks on a firearm, and resisting a peace officer. Police found a firearm at the scene, Wright said.

Hayward Police Capt. Bryan Matthews said in a statement that the videos show a “useofforce incident involving Hayward police officers.”

Police officials take all useofforce incidents seriously and “conducts thorough useofforce investigations,” Matthews said.

“We do not draw conclusions about whether the officers acted consistent with department policies and the law until all the facts are known and the investigation is complete,” Matthews said. “We recognize the community entrusts us with the legal authority to carry out our duties and we do not take that responsibility lightly. We remain committed to transparency.”

Investigators plan to interview witnesses, review “numerous hours of video footage” and analyze a “significant amount of evidence,” Matthews said.

Cruz posted the videos — which do not appear to show the beginning of the incident — to Snapchat and a private Hayward community Facebook page Sunday evening.

Cruz said she was serving customers at Mountain Mike’s Pizza when her coworker told her to look out the window and into the shopping center parking lot, where Cruz said she saw a man on his knees surrounded by five police officers.

She said she could not hear what the officers were saying from inside the restaurant, but said it appeared the man was complying with police commands because he was on his knees with his hands on his head and appearing to surrender.

“I was like, ‘What the hell? Why are they hitting him?’ Because he was doing everything he was told to do,” Cruz said.

Cruz said she stopped videoing when one of the officers stepped into the restaurant and asked if anyone had witnessed the incident. Cruz said the police officer told her and other witnesses at the restaurant that they found a firearm discarded in a nearby trash can.

Matthews said, “When warranted after the investigative process, officers are held accountable within the boundaries of the law.”