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'You weren't there to hear my son': Fuquay-Varina mom blasts officer for wrongly handcuffing teen

The family of a Fuquay-Varina 14-year-old who was detained last weekend for a crime he didn't commit is demanding that the video from an officer's body-worn camera be released publicly.

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By
Adam Owens
, WRAL anchor/reporter
FUQUAY-VARINA, N.C. — The family of a Fuquay-Varina 14-year-old who was detained last weekend for a crime he didn't commit is demanding that the video from an officer's body-worn camera be released publicly.

Police were investigating a stolen dirt bike on Jan. 30 when an officer handcuffed Malcolm Ziglar outside his home and put him in the back of a patrol car. The teen repeatedly asked for his father, who was inside the house, and offered to show the officer the bill of sale for the dirt bike he had.

The Ziglar family said they purchased the dirt bike days before from someone else, not knowing it was stolen.

Malcolm is Black, and a white 14-year-old who was with him was quickly released by the unidentified officer after telling him that the dirt bike wasn't his.

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Ty Ziglar, the boy's mother, said neither she nor her husband knew what was happening until a neighbor called them to report that Malcolm was in the back of the police car.

Ziglar sharply criticized the officer during a Friday morning news conference for not listening to Malcolm. She said the officer characterized the teen's efforts to explain the situation as "running his mouth."

"You weren't there to hear my son. You were only there to arrest him," she said. “I must take back the power that was taken from my son that day and be a voice to the mothers and fathers that felt like my son when he said to me, 'Mom, there was nothing else I could do.'”

Malcolm was released from custody after a supervisor ordered the officer to let him go.

The Ziglar family met with police officials this week to discuss the incident and review the body-cam video themselves.

State law requires a court order to release body-cam video, and the department has requested one. Police and town officials declined to say if any disciplinary action will be taken against the officer, citing personnel privacy laws.

In a statement on Facebook, Fuquay-Varina Police Department leaders said they are taking the family's concerns seriously and are continuing to review the actions taken, but they added that the officer didn't violate any laws or department policies.

"While one of our officers contacted a father within approximately 5 minutes of being on scene, we understand how a delay in contacting and communicating with parents creates concerns and how law enforcement actions are perceived during an ongoing criminal investigation," the Facebook post reads. "Officer safety is also imperative. Officers make decisions based on the facts and circumstances at the scene, their training and experience, the law and have officer discretion."

Police tell us they were given Malcolm's name and description by the legitimate owners of the dirt bike. They had seen it for sale online and posed as buyers to verify it was the bike stolen from their Harnett County home a few weeks earlier, police said.

The teen told the owners he’d had the bike for a about a year, police said.

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“While the officer’s actions may have been within policy, it does not make them necessary," Ziglar said, noting that, while the incident lasted about a half-hour, the impact will last a lifetime for her son and the rest of the family.

"He failed to use proper judgment and common sense," she said. "It's not about training. It's about having a heart."

"I felt disrespected," Malcolm said, adding that he was confused why the officer first approached him and then almost immediately had him in custody. “I would first like to get an apology. There was no apology given at any point.”

In addition to releasing the body-cam video, Ziglar said she wants policy changes at the police department, including an oversight committee of citizens and guaranteeing that no child is denied access to a parent. She discouraged people from protesting against the police, saying they should instead show up at the next Town Council meeting to press for change.

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