Two Orlando police officers accused of excessive force after being caught on camera kicking and using a stun gun on a man they were arresting have been cleared of wrongdoing.

In a letter to police Chief John Mina released publicly Thursday, State Attorney Jeff Ashton said he would not seek charges against officers David Cruz and Charles Mays, calling their use of force in arresting Noel Carter outside a downtown Orlando club "a reasonable response to resistance."

Carter, 30, filed an excessive force complaint after cellphone video surfaced of his June 4 arrest. The video, which showed Mays using a stun gun on Carter and Cruz kicking him multiple times, led to outrage and calls for the two officers to resign.

But Ashton said the officers acted appropriately in this case.

In an incident report, the officers said they saw Carter using physical force against a woman outside Venue 578. That was when they stepped in and the situation escalated. The report stated Carter was still not cooperating after Mays used the stun gun on him, and Cruz felt obligated to use "foot strikes" in order to get Carter to comply.

Carter suffered minor injuries from the incident.

The State Attorney's Office said if Carter had complied with the officers' commands, the situation would not have escalated. Ashton's office interviewed several witnesses and looked at numerous videos from that night.

"Mr. Carter had pulled out Tasers, had been pepper sprayed. Those tactics did not work," said Angela Starke, with the State Attorney's Office. "When he did finally put his hands behind his back and do as the officers commanded, the use of force stopped."

Carter has been charged with battery on a law-enforcement officer, resisting an officer with and without violence and misdemeanor battery.

"Taken into context, it it understandable that Officer Cruz would perceive that the only safe way to take Mr. Carter into custody was with him face down on the ground," Ashton said in his letter to the police chief.

Carter's attorney, Natalie Jackson, said she plans to file a criminal complaint with the Department of Justice on Friday asking for federal criminal charges against Mays and Cruz.

“At no point do we see Noel Carter hitting, punching or even hurting an officer," Jackson said. "He is facing a felony, losing his job, losing his livelihood and even losing his freedom. This is what could happen when the power of the government comes after you and we as citizens do not stand up and say we will not take this.”

Orlando police posted its official statement on Twitter, saying Cruz and Mays have returned to full duty.


State Attorney's full clearance letter