Texas cop resigns after putting woman in chokehold while she filmed arrest

An off-duty police officer who used a controversial neck restraint on a woman after she refused to stop filming an arrest in a Corpus Christi parking lot has resigned.

Gary Witherspoon, an off-duty investigator for the Nueces County Attorney's Office, resigned at about 4:30 p.m. Wednesday, according to a news release from Nuces County District Attorney Mark Skurka provided to the Corpus Christi Caller-Times.

"The termination is a result of his involvement and actions at an incident that took place on August 16, 2014, as well as other employment issues," the news release said. "However, during the termination process, Mr. Witherspoon asked for and was allowed to resign in lieu of (termination)."

The video, published last Wednesday, shows Corpus Christi Senior Officer Jerry Lockhart and Witherspoon questioning Lanessa Espinosa in a Whataburger parking lot after a fight in August.

A video uploaded by Lanessa Espinosa on YouTube shows officers placing her in a choke hold. Corpus Christi Senior Officer Jerry Lockhart and an off-duty officer for the Nueces County Attorney’s Office detaining her for "Interference with Public Duties," after she did not show an ID and recorded the officers. less A video uploaded by Lanessa Espinosa on YouTube shows officers placing her in a choke hold. Corpus Christi Senior Officer Jerry Lockhart and an off-duty officer for the Nueces County Attorney’s Office ... more Photo: YouTube/Screenshots Photo: YouTube/Screenshots Image 1 of / 15 Caption Close Texas cop resigns after putting woman in chokehold while she filmed arrest 1 / 15 Back to Gallery

The officers ask Espinosa to produce an ID and stop recording while they investigate the scene of the late-night fight.

After declining to provide an ID, Witherspoon places Espinosa in a choke hold while she turns the camera to show her face.

A statement released Monday by the Corpus Christi Police Department said that Lockhart first questioned Espinosa because she was believed to be involved in the fight, not because she was videotaping.

"Ms. Espinosa was restrained by the off-duty NCDA officer and detained by Officer Lockhart for 'Interference with Public Duties,'" the statement said. "The detention was based on the incident (that she had been involved in the fight, which she admitted), and not due to the fact that Ms. Espinosa was videotaping the officers."

Espinosa uploaded three videos of the incident to YouTube on Wednesday. The video showing Witherspoon placing her in the choke hold has garnered more than 137,000 views.

Lockhart did not witness the fight, but the unnamed off-duty officer did.

Espinosa and others at the scene were released and none were charged.

Espinosa told the Corpus Christi Caller-Times that she was not involved in the incident, but was at the scene because the off-duty officer did not let her leave the parking lot after eating at the restaurant.

"I was not doing anything wrong," she told the newspaper. "And it's my right to refuse if I'm not being charged."

On Facebook Monday, Espinosa posted a status asking for suggestions on civil rights attorneys.

Chokeholds have been barred by many police agencies across the country, including the FBI, LAPD, NYPD and SAPD, because they are potentially lethal.

A Staten Island grand jury decided Wednesday not to bring charges against a white New York police officer who put an unarmed black man in a chokehold that a medical examiner said led to the man's death on July 17, according to the Associated Press.

A video shows the officer putting Eric Garner in the hold while Garner shouts, "I can't breathe."

Staff writer Rebecca Salinas contributed to this report.

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