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Use of force justified in York according to York City Police Commissioner

"I can't in good faith sit here and persecute that officer for using techniques and tactics that he's been permitted to use," Muldrow said in a Facebook video.

YORK, Pa. — Update, June 28: York City Police Commissioner Michael Muldrow released another statement on the recorded incident on Wednesday, June 28. 

In the video posted to Facebook, Muldrow addressed the commitment to diverse hiring and body cameras throughout the York police force. 

He then addressed three key points, including use of force. 

"Police officers are asked to do a difficult job," he said. "They're given a variety of tools, gear and physical tactics to try to effectively get it done. Whether we like it or how it looks at times, we recognize the truth. The law recognizes the truth, that people may not always comply or willingly submit to being taken into custody." 

"Without that force, there would be no way to stop people from doing the bad things that they do," he continued. "There would be no way to keep people from being hurt." 

Muldrow continued to explain that in threatening situations, officers are allowed to use force when necessary to overcome resistance.

"With that being said," he added. "The law also takes into account that it may take more force from a smaller, weaker or lone officer to control a situation or stop a conflict. This is why different officers will use different tactics." 

Two officers responded to the scene of the recorded arrest. 

"Upon trying to take the individual into custody, rather than comply, he [Balbi-Reyes] escalated the encounter, punching the officer in the face and attempting to get away, as [shown] in the body camera video," Muldrow explained.

"Faced with a sudden, violent conflict, officers had seconds to react," he continued. "They immediately grabbed [Balbi-Reyes] at which time he continued to fight, ignoring all verbal commands." 

Muldrow explained the actions recorded on video, where an officer was seen repeatedly hitting Balbi-Reyes while he was on the ground. He stated that as soon as Balbi-Reyes stopped struggling, the punches stopped and he was taken into custody. 

"Once in custody, no further force was used," Muldrow said. "Officers spoke with the individual in a professional manner and there's a statement from an independent witness to the same effect." 

In the video, Muldrow addressed the reaction to the video and social media users' discussion on use of force. 

"I can't in good faith sit here and persecute that officer for using techniques and tactics that he's been permitted to use," he said. 

However, Muldrow stated that the department launched an in-depth look at how and why the tactic was being used and where to go moving forward, placing an emphasis on educating officers on safer ways to get the job done. 

Update, June 19: The York County District Attorney's Office said in a statement to FOX43:

"Balbi-Reyes has already been charged by the York City Police Department for his alleged crimes leading up to the use of force.  The use of force is currently being investigated by YCPD’s Internal Affairs Division.  We have been in contact with YCPD throughout and will certainly be involved in the prosecution of Balbi-Reyes.  Since this is an active and on-going investigation/prosecution, there is nothing further that we can say at this time."

Additionally, the York City Police Commissioner Michael Muldrow publicly responded to the incident in a press conference on Monday, which can be viewed in full below.

Commissioner Muldrow's Response to the Use of Force Incident

Commissioner Muldrow's Response to the Use of Force Incident

Posted by York City Police Department (York, Pa) on Monday, June 19, 2023

Previous: The York City Police Department has launched an internal affairs investigation after a video circulated online depicting officers using force to arrest an assault suspect in York on Friday afternoon.

According to the police, around 12:15 p.m. on June 16, they spoke to a woman who claimed that Anthony Balbi-Reyes was attacking a woman at a home in the 100 block of W. Maple St. in York.

Credit: CRIMEWATCH

Authorities said the woman claimed to be able to hear the attacks occurring inside the home, and had allegedly chased Balbi-Reyes out of the home with a baseball bat. Police say that the witness showed officers a video of Balbi-Reyes at her home, where he allegedly threatened to kill the victim.

According to police, they spoke with the victim who claimed that Balbi-Reyes had broken into her home through a window and that he was armed with a pistol. The victim told police that Balbi-Reyes struck her in the head with the pistol, and dragged her across the floor by her hair before being chased away by the witness.

Officers say that the victim had injuries consistent with her claims.

At this time, police say they went to an address in the 100 block of W. Jackson St. to speak to Balbi-Reyes.

Officers say that he admitted to breaking into the victim's home and that he "gripped her up."

When police attempted to arrest Balbi-Reyes, officers say he resisted and fought with them. During the struggle, Balbi-Reyes allegedly punched an officer in the face, causing injuries.

Police admit that they had to use force to get Balbi-Reyes into handcuffs, and that an internal affairs investigation is underway for the use of force.

In the video circulating on Facebook, officers can be seen attempting to pin Balbi-Reyes to the ground, striking his face multiple times in their attempt to arrest him. 

Sandra Thompson, a civil rights attorney and member of the York NAACP, said she was saddened to see the video.

“Just seeing someone being punched on the ground like that, you know, it doesn’t make it better because they’re in uniform, it makes it worse," she told FOX43.

Thompson added that regardless of what led up to the arrest, the arresting officers went too far.

“[The suspect] should still be treated with dignity and respect, regardless of why police were called out there," Thompson explained.

Balbi-Reyes was arrested on burglary, terroristic threats, simple assault, resisting arrest, and aggravated assault on a police officer charges.

FOX43 has reached out to the York Mayor's office and York NAACP for comment. As of this posting, they had not replied to our inquiries.

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