CHARLOTTE, NC (WBTV) - A former Charlotte-Mecklenburg police officer who was charged with assault after police say a drunk driver crashed into his mother's car has resigned from CMPD, and will likely never be a police officer again.
Former officer David Jones III was charged with assault - inflicting serious injury last December when he was an active member of CMPD.
Rick McVicker, the man he allegedly assaulted, is charged with DWI.
The week of March 5, 2012, prosecutors agreed to drop the assault charges against Jones in exchange for his Basic Law Enforcement Training certificate (BLET), which means Jones' career as a police officer is over.
Matthews Police say David Jones assaulted McVicker after he rear-ended a car being driven by Bonita Jones, David's mother. The accident happened on December 7th in Matthews.
Jones' 8-year-old son and his 63-year-old mother were stopped in their vehicle at a red light at Sardis Road and NC Highway 51, according to police.
The 38-year-old McVicker, of Charlotte, failed to stop his vehicle and rear-ended Jones' vehicle at the red light, the report states. Police say no injuries were reported.
Police say Bonita Jones called her son to come to the scene. He was nearby and got there before police did, and that's when the alleged assault happened.
Officers took two breath samples and a blood sample at the hospital to confirm alcohol was in McVicker's system, according to the police report.
McVicker was treated at a local hospital and was arrested and charged with DWI, open container and open container after consuming upon his release.
Jones turned himself in to the Magistrates Office Friday afternoon and is not being held in jail.
Jones has been with the CMPD since September 27, 2000.
He is assigned to the South Division and is currently on paid administrative leave pending a parallel criminal and internal investigation.
The criminal investigation is being conducted by the Matthews Police Department. Detectives with the CMPD Internal Affairs Division will conduct the department's internal investigation.
Anyone who witnessed the incident or has any information concerning the event is asked to call the Matthews Police Department Criminal Investigations at 704-847-7755.
After being released from jail Friday night, McVicker admitted to WBTV he was driving drunk, but he says that doesn't excuse the excessive force he believes Jones used.
"Imagine you're standing there, somebody comes up behind you and just throws your head directly into the ground," he said. "Never saw him coming, nothing."
McVicker says at the time he was thrown on the ground, he was trying to get Bonita Jones to roll down her window so he could talk to her. He says he wasn't being threatening.
But a source close to the Jones family says McVicker was actually banging on the window, and Bonita Jones knew he was drunk and was scared of what he might do.
The source says that's why she called her son. That sources says David Jones did not use excessive force, but did force McVicker to the ground to protect his family.
McVicker is scheduled to appear in court to face the drunk driving charges in May.