CHARLOTTE, NC (WBTV) -- Two men who were both charged with assaulting a police officer have something in common. That officer was David Jones, III.
Charlotte-Mecklenburg Police recommended Jones for termination following an incident in December where he's accused of beating a DWI suspect until he was black and blue.
According to a police report, Rick McVicker rear-ended the mother of David Jones on December 7th. She called him to help after the accident.
Three months prior, Tom Huminik says Jones and another officer used excessive force in trying to arrest him at a south Charlotte bank.
Huminik says he couldn't believe it when he saw Jones's name attached to another assault case. "It shouldn't have happened," he said.
Huminik was charged with two counts of assaulting an officer, two counts of communicating threats, and resisting arrest. All charges were dismissed following CMPD's recommendation for termination against Jones involving the McVicker case.
"I think this guy shouldn't have been on the police force," said Huminik. "If he wasn't, then this wouldn't have happened to me and the other gentleman," he said.
Huminik showed WBTV pictures of his injuries, which he said happened after the run-in with Officer Jones and Officer Jason Guy.
Huminik had several cuts and abrasions, a torn bicep, plus bruising and swelling around his face.
Police spokesperson RobTufano said the incident was reviewed by CMPD Internal Affairs. He said IA determined the officers' actions were a justified use of force after a review of the evidence and witness testimony. Huminik said members of IA visited him in the hospital as he recovered from his injuries.
Huminik says he had gone to the Suntrust Bank on Rea Road in Ballantyne on September 27th to take care of some financial matters relating to a pending divorce. His wife was already at the bank and had called 911.
A search warrant says Officers Guy and Jones asked Huminik to stay until they finished their investigation, but he tried to leave. The warrant says Huminik cursed and took a threatening stance with the officers.
"I told them, 'If you're not going to arrest me, or charge me with something -- I'm leaving,'" he said.
Surveillance video shows Huminik was forced to the ground. He says he was beaten by the officers and pinned to the ground for several minutes.
"I didn't know if they were going to stop," he said. When asked if he showed any aggression toward the officers, Huminik said "no."
"I think they did go too far," said his attorney Brad Smith.
Smith said the officers had no right to arrest his client because he hadn't committed a crime.
"The fourth amendment protects us from unreasonable searches and seizures, unreasonable detentions by police officers," said Smith. "Tom was in a bank he had the right to be in," he said.
Jones has been suspended five times in 11 years with CMPD. He was suspended for one day, three weeks following the Huminik incident. CMPD would not confirm whether that was why.
WBTV is still waiting for a response on any possible disciplinary action against Officer Guy.
The District Attorney's Office said it has not determined whether other cases involving Officer Jones will be dismissed. A decision is expected later this month.