Indecent exposure arrest of homeless man caught on video, San Jose police under investigation
San Jose Police under investigation after arrest of homeless man, complaints filed
The incident happened as the city is rolling out its latest plans to keep people from living on the streets.
SAN JOSE, Calif. - A homeless man accused of masturbating outside a San Jose resident's home this week encountered police after a 911 call by a neighbor. Videos of the incident show in part how the police responded. One video shows at least one officer repeatedly punching the man while being held down by several officers. Officials say the incident is under review.
The NAACP and a witness have filed a formal complaint against the San Jose Police Department in connection with the incident that happened on Tuesday. The NAACP says the police department violated its own policies.
Witnesses who recorded the footage believe officers used excessive force, and now they're speaking publicly about what they saw and heard that night.
Police say the homeless man bit one of the officers as they were detaining him. Officers can be seen talking about being bitten in video shared of the incident.
Police said they responded to Fruitvale and Leigh avenues at around 8 p.m. for an indecent exposure report. The 911 caller told police they saw the same man masturbating outside one day earlier.
San Jose police altercation with homeless man captured on video, under review
A homeless man accused of masturbating outside a San Jose residents home this week encountered police after a 911 call by a neighbor. Video shows in part how the police responded and now, according to the mayor, the incident that shows at least one officer repeatedly punching the man while being held down by several officers, is under review.
Police said when they arrived, the suspect ran from officers and actively resisted.
The suspect was arrested and is now in custody at the Santa Clara County Jail with minor injuries. He was booked for indecent exposure, resisting arrest, and battery of an officer.
At least three officers were evaluated at the hospital for minor injuries and released.
Both SJPD and San Jose Mayor Matt Mahan said the incident is under review to determine if officers acted within the law and department policy.
The San Jose Police Officers Association told KTVU they would put out a statement about this incident.
The videos
The most violent video comes from Dominic C., who did not want to give his full last name. An officer can be seen punching the homeless man five times while he is pinned to the ground.
Video from Jennette Holzworth begins with her telling police, "You're on his back," as at least three officers are holding down the man who appears to be face down. At least one officer is kneeling on the suspect.
"I understand. You guys deserve to be safe," Holzworth can be heard telling police. An officer can be seen telling her she has the right to film and ask questions, but he instructs her to back up.
Moments where the suspect's clothing has to be cut open because it is covering his head and obscuring his face are captured on the video. When an officer asks, "Oscar, are you gonna be chill with us?" Oscar is seen being compliant and says, "Yes" while he is face down with his arms behind his back.
Meanwhile, officers instruct Holzworth to back up. Holzworth tells officers that she owns the yard she is standing in front of.
Holzworth continues to interact with police on the video and says she knows the suspect is unhoused and mentally ill, but has never felt threatened by him.
An officer threatens to arrest Holzworth if she doesn't keep her distance. He explains that someone else called the police and that they felt threatened by the suspect.
"I understand, but that doesn't involve beating the shit out of him," Holzworth tells the officer.
Holzworth's video also shows the officers talking among themselves.
"Human bites get infected more than dog bites, animal bites…they're disgusting."
Another voice can be heard saying how the suspect "probably brushes his teeth." Laughter among the officers can be heard. By this point, there is a large police presence at the scene.
The NAACP has filed a formal complaint against the San Jose Police Department for an incident that happened on March 11, 2025.
NAACP complaint
The San Jose Silicon Valley Chapter of the NAACP called the video footage "disturbing" and "dehumanizing."
In their complaint, they identify the homeless man as Oscar. They say police attacked "Oscar's dignity, mental illness, and status as unhoused."
They also said they received several complaints over this incident, including concerns about racial bias.
"The San Jose Police Department has a troubling history of disproportionately using force against Black and Brown populations," their complaint read in part.
"The excessive force used while multiple officers restrained Oscar, whose ability to resist was obstructed by his clothing, underscores the disparity of force applied by the officers present," NAACP said in their statement.
They said officers continued to use force while Oscar was handcuffed and restrained.
Witnesses react
What they're saying:
Holzworth said she began recording the incident after hearing a commotion outside her home.
"His knee was pressed into his face, pushing his face into the dirt. So, I just ran straight up to them, and I was like ‘guys get off of him’. The first thing that came to mind was seeing the video of George Floyd in 2020, and I was like we don’t need any more of this," said Holzworth.
She commented on San Jose's situation with unhoused populations.
"I think that getting people off the streets is very important, but we need to do it in a way that treats them with dignity and humanity," said Holzworth.
Dominic C. said he lives nearby and started recording this video on his phone when he got to the corner.
"I saw lights at the end of the street. I went down to take a look. That’s when I saw the homeless man being held down by three cops and then the fourth one came in with a flying knee straight to the head. That’s when I pulled out my phone," said Dominic.
Mayor's reaction
On Thursday, Mayor Mahan commented on the video. "Use of force, even when justified, is hard to watch," he said. The mayor said the police department investigates all use of force cases to ensure officers are following the law. He said this incident is under review.
"I have also been in touch with our Independent Police Auditor to make sure his office is aware and engaged. But the truth is, the suspect should have been indoors and in care, not exposing himself in a neighborhood," said Mahan.
"This is yet another example of why I am calling on our County to expand treatment options for those living and dying on our streets," Mahan said.
The mayor said someone from the neighborhood called 911 because she was scared that a homeless man was allegedly masturbating outside her residence.
Mahan argued if the suspect was receiving the care he needed, the 911 call wouldn't have been made in the first place. He concluded his statement by calling San Jose one of the safest big cities in the country and thanked police for their work.
The city of San Jose just this week expanded a ban on sleeping on downtown sidewalks. Advocates have said criminalizing the homeless is not the right thing to do.
Last week, Mahan also announced a new policy proposal that will charge people with trespassing if they refuse shelter three times.