Warrenton police officer uses Taser on unarmed man

A man arrested and shocked with a Taser by a Warrenton police officer is holding a news conference Monday afternoon to discuss what happened.

Tin Fulton, Walker & Owen, the law firm representing Dwayne Hicks, held Monday’s news conference at Littleton Town Hall.

It comes after a North Carolina Superior Court ordered the release of police body camera footage showing Sgt. Mark Oakley deploying a Taser on Hicks on Sept. 20, 2023.

Hicks, a Black man, was unarmed. Oakley is white.

“This is not a joyous occasion, let me assure you,” Hicks said Monday. “I was not the first. To my knowledge, I was not the last.

“These issues are not synonymous to just Warrenton. My situation is in Warrenton. I never expected to have this type of experience with law enforcement [and I] never wanted to. It happened.”

On Sept. 20, 2023, Oakley stopped Hicks, took the license plate off his vehicle, wrote a $291 citation, followed him home, stunned and arrested him in his front yard.

“Mr. Hicks operated his vehicle illegally, he refused to follow my commands, and I was forced to take action in order to take him into custody safely,” Oakley told WRAL News on Monday.

Oakley was with the Warren Police Department at the time. He now works for the Littleton Police Department.

Bodycam video: Click or tap here to view the encounter between Warrenton police officer Mark Oakley and Dwayne Hicks

Gagan Gupta, a lawyer for Tin Fulton, Walker & Owen, said the law office has received reports from 15 different people of Oakley allegedly using mace, use of a Taser, harassment and racial discrimination.

Gupta said the allegations against Oakley date back to 2019, when he was a police officer for the Roanoke Rapids Police Department.

Oakley said he believed that all of the complaints are “unfounded.”

“The only thing I can say to that is that, if I had truly violated anyone’s rights or any laws, the state would not allow me to work as a law enforcement officer,” Oakley said.

In April, lawyers filed a lawsuit to seek the release of body camera footage from Oakley, who was under investigation by the North Carolina State Bureau of Investigation for improper use of force.

Oakley said no investigators nor the SBI has contacted him since the arrest of Hicks.

“I have spoken to no one, not because I did not want to, but because I have no way of contacting them,” Oakley said. “I feel like I’m being left out of an investigation against myself.

“I can’t even face any of my accusers.”

On Monday, police released two videos of the Sept. 20, 2023, encounter between Hicks and Oakley.

After an initial traffic stop and citation, Gupta said Oakley followed Hicks to his home. It led to the encounter where Oakley used the Taser on Hicks.

“An officer in North Carolina can only use a Taser against a citizen if that citizen poses an immediate risk of danger,” Gupta said. “Mr. Hicks posed no danger.”

Video shows Warrenton police officer deploying Taser on unarmed man, who disobeys multiple commands

Video of the second encounter between the two men shows Oakley use his Taser on Hicks after Hicks ignores repeated commands to put his hands behind his back.

The two-minute video begins when Oakley pulls his police vehicle behind Hicks’ vehicle.

“Remain in your vehicle, Mr. Hicks,” Oakley says. “Remain in your vehicle, Mr. Hicks!”

Hicks then gets out of his vehicle.

“Remain in your vehicle!” Oakley says. “Turn around and put your hands behind your back! Hands behind your back!”

“You better get off me, Oakley,” Hicks says.

Hicks then appears to put his keys in the pocket of his pants. Hicks is holding a cellphone in his other hand.

“Do not put your hands in your pockets,” Oakley says.

“Shut up, fool,” Hicks says.

Oakley then twice orders Hicks, “Turn around, and put your hands behind your back! Do it now!”

Hicks turns his back on Oakley and appears to be looking at his cellphone with both hands.

Oakley repeats the command for Hicks to put his hands behind his back five times. Oakley’s Taser is visible pointed at the middle of Hicks’ back.

The video shows Hicks hands are still forward before Oakley deploys his Taser on Hicks. The shock knocks Hicks to the ground.

“You [expletive]!” Hicks shouts.

“Put your hands behind your back!” Oakley says. “Get on the ground, face down.”

Hicks then tries to get up and has his hands behind his back as he’s getting up.

Oakley deploys the Taser again, knocking Hicks to the ground again.

“Stay on the ground,” Oakley says. “Stay on the ground.”

Oakley then handcuffs Hicks as he’s facedown with his hands on the ground.

“You’re going to pay for this one, Oakley,” Hicks says. “You’re going to pay for this one, buddy.”

“You just got yourself an RDO charge,” Oakley says. “Resist, delay and obstruct.”

“Oakley, [you’re] something,” Hicks says. “I can’t believe you did that, Oakley.”

Oakley then helps Hicks to his feet. The officer asked Hicks if he had any weapons on him.

“I don’t carry weapons, Oakley,” Hicks says. “Those are keys. I’ve got keys in my front pocket [and] keys in my back pocket.

“What [are] you breathing so hard for, Oakley?”

Initial traffic stop earlier in the night

Earlier on the night of Sept. 23, 2023, Hicks appears to know who Oakley is when the officer approaches his vehicle for a traffic stop. Hicks calls Oakley by name.

“The reason I’m pulling you over today is you’re operating a motor vehicle after sunset without your headlights on,” Oakley says.

“My headlights were on,” Hicks explains. “They come on when you start the car.”

“Alright, sir, well there’s no taillights, so there you go,” the officer says.

“So, you’re stopping me because I [didn’t] have [my] taillights on?” Hicks says.

“Yes, sir,” the officer says. “And, that means what, Oakley?”

Hicks allows that Oakley could write him a citation.

As he reaches for his driver’s license, Hicks begins using his phone to record their interaction.

The video shows Hicks holding up his driver’s license, but he refuses to hand it over to Hicks for inspection. Hicks also turns on an overhead light in his car.

The two men argue over whether Oakley has the right to take Hicks’ license or merely look at it.

“I need to see the front and back of it, and hold it in my hand to make sure all the security devices that are part of that driver’s license are active,” Oakley says, before snatching it from Hicks’ hand.

After more than 10 minutes in the police car, Oakley gets out with a screwdriver and approaches the back of Hicks’ vehicle. Oakley then takes off the license plate.

Oakley gave Hicks his driver’s license back and the screws that held the license plate in place.

“Go ahead with the spiel,” Hicks says. “Why didn’t you put them back [the screws] where you got them from?”

Oakley hands Hicks screws saying there is “an insurance stop.” Hicks says he has insurance.

Oakley tells Hicks that he has to go to DMV to show proof to get his license plate back. Oakley then provides paperwork that shows Hicks’ insurance ended on June 21, 2023.

Hicks asks Oakley to “hold on,” searching through his phone.

“I’m going to get them on the line,” Hicks says while trying to make a call.

“I’ve written you a citation,” Oakley says. “I don’t need to talk to them.”

The officer repeatedly asks Oakley to sign the paperwork, and he replies with a request to slow down.

“Don’t try to rush through it, Oakley,” Hicks says. “You held me up, so now … slow down, Oakley. Slow down. Slow down, Oakley. Slow down.”

“Do you want me to explain the citation or are you able to read it?” Oakley asks.

Hicks then asks Oakley to slow down again.

“I’m not going slow down,” Oakley says. “I’m going to go ahead and read this to you.

Oakley tells Hicks that:

• Hicks didn’t have insurance on the vehicle
• Hicks failed to have rear lamps or having them in working order on the vehicle
• Hicks was operating at such a slow speed that it impeded traffic

Oakley tells Hicks he will have a Nov. 28 court date. The citation fee was $291, Oakley says.

Oakley says he will mark on the paperwork that Hicks refused to sign. Hicks says he did not refuse, rather he just needed time. Oakley walks away.

Hicks yells over and over, “Hold on!”

Oakley threatens to cite Hicks for disturbing peace.

As Oakley is pulling away, Hicks honks his horn and yells, “Don’t go yet!”

“Have a nice day, sir,” Oakley said. “You’re free to go. You’re free to go.”