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Trial begins in lawsuit of Colorado man suing Aurora Police Department over violent arrest

Trial begins for Aurora police officers accused of excessive force
Trial begins for Aurora police officers accused of excessive force 01:30

Monday marked the start of what should be a five-day trial in a lawsuit where a Colorado man is accusing several Aurora police officers of excessive force when he was arrested almost four years ago.

The lawsuit was filed in 2023 by Preston Nunn III and comes after a May 15, 2021 arrest where he was thrown to the ground and shocked with a Taser twice. He was initially stopped because officers said he failed to yield to an emergency vehicle.

Bodyworn camera footage shows Nunn trying to explain that he put his blinker on. After being asked for his license and registration, an Aurora police officer draws his gun, points it at Nunn, and shouts "stop digging! Why are you digging in your pants like that? Put your (expletive) hands on your face!"

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A screenshot from an Aurora police officer's bodyworn camera shows a traffic stop that escalated when officers pulled over Preston Nunn III in 2021. That traffic stop is now the subject of a civil lawsuit where Nunn accuses several officers of excessive force when they tased, tackled, and choked him. Aurora Police Department

With guns pointed at Nunn, he got out of the car to -- in his words -- protect the passenger in his car.

As officers were on top of Nunn, he could be heard saying, "I got my license and registration."

On Wednesday, that bodyworn camera footage was played in court. As it played, Nunn appeared shaken by the footage and put his face in his hands.

Aurora Police Officer Cody Goetz, who tased and tackled Nunn, took the stand and said he was concerned Nunn might've had a weapon and wanted to pat him down. He also said it wasn't his intention to slam Nunn's head against the ground or put his hands around Nunn's neck.

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A 2021 CBS file photo shows Preston Nunn III talking to CBS News Colorado about his arrest in May of that year. CBS

Former Aurora Police Chief Vanessa Wilson, after watching the bodyworn camera videos back in 2021, initiated an internal affairs investigation at the time.

"She does not believe the stop met the expectation of professionalism that she expects," a statement from an APD spokesman said at the time.

No weapons were found in Nunn's car, but he was on probation for a previous firearms charge at the time.

The trial is expected to end on Friday.

The arrest of Nunn, who's Black, came to light in the same month that Colorado's Attorney General completed an investigation into APD, which said the department had a pattern of racially biased policing and excessive force.

The Aurora Police Department is under a consent decree from the state -- part of a plea agreement the city reached in 2021 with the Colorado Attorney General's Office -- which created an independent monitor to improve the department's policies and practices.

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