Sioux Falls Police Currently Reviewing an Arrest Gone Viral

SIOUX FALLS, S.D. – A YouTube video showing Sioux Falls police arresting a man at the scene of a traffic accident has gone viral. Now, it’s being reviewed by the police department.

Last Friday, a police officer was on the scene of an accident on 41st street near Carolyn Avenue.

That’s when James Freeman, a national YouTuber, self-described as dedicated to exposing government corruption, began live-streaming. He started the video out saying, “Just an accident. Decided to pull out the camera anyways… you never know when a cop can turn a victim into more of a victim.”

About 10 minutes into the video, a man identified as 35-year-old Mark Burgess of Sioux Falls appears and begins to yell profanity at the officer.

In the video, you can hear Freeman and Burgess talk about their opinions of the first amendment, Burgess asking, “So you’re not all for the F**** the police stuff or are you?”

Freeman responding, “It doesn’t matter its free speech and it needs to be done.”

Shortly after, backup arrives they try to arrest Burgess. He tries to flee, getting into a scuffle with officers until they are able to handcuff him. Police say there is currently an internal review of the situation.”We do a report and that actually goes through different levels of our command staff for review. So those people watch the video and they see if that’s in line with our policy and state laws,” says Lieutenant Dave McIntire.

As for the initial reason for arrest, Lt. McIntire says it’s subjective, “That’s a call that’s made by the officer, whether there’s probable cause or not. So that set of facts is going to be going through the court process and the officer will testify to that.”

Burgess is charged with disorderly conduct, obstruction and resisting arrest. Since the arrest, he has released several videos on his own YouTube channel about the encounter. We reached out to Burgess for a comment but did not hear back.

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