Outrage as boy is arrested and put in handcuffs after a fight with three adults who ‘hit him first’

Video footage of San Jose police officers leading away a 14-year-old boy in handcuffs as his parents angrily confront the cops has sparked outrage.

Ernesto Mirabal is seen in the footage being detained by at least four uniformed police officers at Los Paseos Park in California on Monday.

His parents say the boy spent that night in jail after he allegedly punched a man in the face.

The parents say their son was accosted by three adults who began to choke him and hit him, prompting him to fight back.

Police arrested Ernesto for assault and battery, but his parents say it was an adult who initiated the violence, KRON-TV reported.

Video footage of San Jose police officers leading away a 14-year-old boy in handcuffs as his parents angrily confront the cops has gone viral on social media

Ernesto Mirabal, 14, is seen in the video being detained by at least four uniformed police officers at Los Paseos Park on Monday

Ernesto Mirabal, 14, is seen in the video being detained by at least four uniformed police officers at Los Paseos Park on Monday

His parents say the boy spent that night in jail after he allegedly punched a man in the face

His parents say the boy spent that night in jail after he allegedly punched a man in the face

The parents say their son was accosted by three adults who began to choke him and hit him, prompting him to fight back

The parents say their son was accosted by three adults who began to choke him and hit him, prompting him to fight back

Ernesto Mirabal is seen above being led into the police cruise by an officer in San Jose

Ernesto Mirabal is seen above being led into the police cruise by an officer in San Jose

Police arrested Ernesto Mirabal for assault and battery, but his parents say it was an adult who initiated the violence

Police arrested Ernesto Mirabal for assault and battery, but his parents say it was an adult who initiated the violence

Police arrested Ernesto Mirabal for assault and battery, but his parents say it was an adult who initiated the violence

The cell phone video was recorded by the boy’s father, Manuel Mirabal.

His mother, Jennifer Mirabal, is seen in the footage arguing with the officers as they lead her son into the police cruiser.

‘He was walking to school, like every kid does, and three adults took it upon themselves to interrogate him and make him scared,’ Manuel Mirabal said.

‘It is terrifying, as a mom,’ Mrs Mirabal said. ‘I wasn’t there to protect him.’

‘He did start to tell her like, “Get the (expletive) away from me”,’ the mother said. ‘”Leave me the (expletive) alone”.’

After his son spent the night in jail, Manuel Mirabal said: ‘He is just not emotionally right.’

The parents insist their son was not the aggressor.

‘He was just grabbing my son like this and choking him and hitting him, and that is when my son was fighting back,’ Mrs Mirabal said.

The boy's mother, Jennifer Mirabal (above), and father, Manuel Mirabal, recorded their son's arrest. They are exploring legal options

The boy's mother, Jennifer Mirabal, and father, Manuel Mirabal (above), recorded their son's arrest. They are exploring legal options

The boy’s mother, Jennifer Mirabal (left), and father, Manuel Mirabal (right), recorded their son’s arrest. They are exploring legal options

‘And when he protected himself and stood up against them, he got arrested for it,’ Mr Mirabal said. ‘He got the punishment.’

Police, however, said it was Ernesto who punched one of the adults in the face.

The parents said that the man who was allegedly punched by their son was an off-duty police officer, but authorities would not comment.

They posted the video of their son being arrested on social media.

San Jose law enforcement officials, however, said the officer acted appropriately.

‘The officers who responded to this incident acted within the San Jose Police Department’s protocol,’ a police spokeswoman said.

The family said that the district attorney agreed to drop all charges. Nonetheless, the parents have retained a lawyer and are exploring legal options.

The Mirabals have already filed a police conduct complaint.

‘I don’t feel like that was a great judgment call for them, and I just hope that gets fixed in the department,’ Mr Mirabal said.



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