This article is more than 5 years old

This article is more than 5 years old

The lawyer for a Texas police officer who was fired for using a stun gun on a 76-year-old man has said there was “nothing unreasonable” about using that level of force during a traffic stop that was captured on dashboard camera video.

Victoria police officer Nathanial Robinson was fired last week, less than a month after video from his patrol car of an event on 11 December garnered international attention. Robinson plans to appeal his firing, attorney Greg Cagle told the Victoria Advocate in a story published on Sunday.

Cagle said Robinson, 23, acted constitutionally and within the law. Robinson stopped Pete Vasquez for an expired vehicle inspection sticker; video captured Robinson grabbing Vasquez’s arm and pushing him on to the police cruiser.

The footage didn’t show what happened between the two after they fell on the ground. Cagle said Vasquez kicked the officer, and that the level of resistance was a basis for using the stun gun and arresting Vasquez.

“There’s nothing unreasonable at all about that level of force,” said Cagle, adding that Vasquez “wasn’t injured. He scratched his elbow and hurt his feelings, but those aren’t injuries in the constitutional sense”.

Victoria police chief Jeff Craig has said Robinson violated policies that included conduct and the use of force. He apologised to Vasquez.

A criminal investigation into the traffic stop was completed by the Texas Rangers, who turned their findings over to local prosecutors for review.

Cagle is an attorney for the Texas Municipal Police Association. Kevin Lawrence, the group’s executive director, said it has become more common for administrators and politicians to not stand behind police officers.

“Why we’re not giving them more benefit of the doubt today, I don’t know,” Lawrence said. “I think it’s a very dangerous path we’re on.”

Robinson had been with Victoria police for 18 months.

“If you think he could have done it different or better, then that’s a training issue,” Cagle said. “I think he deserves his job back, and that’s what we’re going to try to do.”