Jeremy Noah Terry Costly, 23, was tased by a San Marcos Police Department officer as police were attempting to disperse a party on Halloween night.
The City of San Marcos said in a release that officers responded to a business alarm at Copper Beech Apartments on Mill Street. They said officers saw a large party at the complex's clubhouse and the property manager told the officers that no one had permission to be in the clubhouse.
The City said Costly started to move the party back into the clubhouse despite the management's requests for them to leave. The City said that as the first officer tried to go into the clubhouse, Costly shut the door and pushed him.
According to the City, officers then attempted to detain Costly and they said that an officer "sustained a laceration on his right forearm."
A second officer drew her taser at this point and ordered Costly to get on his knees, according to the City. Costly complied and put his hands on his head. The City said that when the first officer attempted to detain him, Costly pulled both his hands down by his waist, locked his arms and said "no."
The arresting officer moved away from Costly and told the backing officer to "tase him."
In the tasing officer's bodycam footage, Costly is seen pulling his hands toward himself away from the officers but moves them back above his head shortly after. Costly's hands are behind his head both when the first officer said "tase him" and when the other officer complied.
As Costly is being walked away by officers, other partygoers can be heard crying and Costly can be heard apologizing to the arresting officer.
"I understand and I'm so sorry, I'm, I'm apologizing," said Costly.