By Associated Press - Tuesday, May 5, 2015

DALLAS (AP) - A grand jury has declined to indict a Dallas police officer fired for using excessive force in a videotaped incident in which a suspected panhandler was pinned to the ground.

The Dallas County grand jury decided not to formally charge former Officer Jesus Martinez with the misdemeanor official oppression charge leveled after the incident last June, which a passer-by recorded on cellphone video.

A police union spokesman says a hearing is scheduled in two weeks on the former officer’s appeal of his dismissal.

The video showed Martinez on top of handcuffed, face-down Joe Wesson. Police say Martinez raised Wesson’s left elbow until it touched the back of his head as the suspect screamed. Wesson, who was later charged with resisting arrest, is suing Martinez.

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