
PORTLAND, Ore. (KOIN) — A U.S. Marine Corps veteran filed a tort claim notice against the Department of Homeland Security after video caught the moment he was tackled by federal law enforcement while protesting outside an ICE facility in Portland, Oregon.
Portland resident Daryn Herzberg II, 34, was demonstrating outside the Macadam ICE building on Aug. 13 with a group of protesters who captured much of the incident on video.
The footage shows Herzberg holding a boombox at the end of the building’s driveway and playing music while yelling at officers above as well as inside the gate of the facility.
In the first video clip, which was obtained by KOIN 6 News, he can be heard addressing the officers directly.
“I am ashamed of every single one of you,” he said. “And I am especially ashamed of you up there, for firing down on unarmed protesters,” he said, while pointing to the officers seen watching from above. KOIN 6 News removed the sound from the video because of profanity.
The clip ends as Herzberg continues telling officers they are violating the Constitution.
In the second clip, officers can be seen opening the gate and marching toward protesters at the end of the driveway.
Herzberg is seen looking ahead, holding the boombox as he is pushed onto the ground by officers who come up on him from behind.
The protesters start to move away from the facility at that point, as gas is deployed and officers can be heard telling them to back up.
In the video, Herzberg is seen being held down by officers even as tear gas swirls in the air. He does not appear to be wearing any protection.
“He did not need to be tackled like that,” said another protester heard in the video. “He is a veteran of this country.”
USMC confirmed to KOIN 6 News that Herzberg is a veteran who served from 2008 to 2012, including a 2010 deployment to Afghanistan.
He has received several military service awards, including a Marine Corps Good Conduct Medal, a Global War on Terrorism Service Medal, and a National Defense Service Medal.
In an interview, Herzberg told KOIN 6 News that he regularly attends protests to try and talk to ICE and DHS agents and discourage them from continuing.
“They need to remember that they swore an oath to uphold the Constitution, to defend it against enemies, foreign and domestic,” he said.
Shouting is the only way he can reach the officers, he said, since they’re standing far away from the sidewalk and the agents have repeatedly asked demonstrators to stay off the facility’s driveway.
Herzberg said that when agents do come close enough for him to talk to, he stops yelling and tries to talk to them.
“That’s when I can dial it down and talk to them person to person, you know? Because I really think they should be on our side,” he said.
“So I was standing there waiting for them to come on out so I could talk to them. And while I was standing there waiting, I just get slammed from behind,” Herzberg said.
There’s so much yelling and swearing in the video, that it’s difficult to hear if any conversation took place between Herzberg and the agents that tackled him.
According to the tort claim notice, one of the agents allegedly grabbed Herzberg by the hair and slammed his face into the ground while saying, “You’re not talking shit anymore, are you?”
Officers eventually took him into the back for questioning, where they issued a citation for failing to comply, he said.
As a result of the altercation, Herzberg said he experienced fear, nausea, dizziness, problems breathing and sleeping, in addition to pain in his chest, shoulder, ribs and back.
Herzberg returned to the ongoing demonstration outside the Portland ICE facility on Aug. 16.
“I was hurting pretty bad from that tackle … but I felt like I needed to go down and show some solidarity with my fellow protesters,” he said.
So he took some ibuprofen and went back. Herzberg said he tried to keep his distance this time, but feels he was targeted in a second attack.
Once again, he was taken in for questioning and given three more citations, he said.
According to the complaint, Herzberg was diagnosed with a head injury and a concussion without loss of consciousness following the second altercation.
“We look forward to presenting this case to a local Portland judge in the next six months,” said Michael Fuller, Herzberg’s lawyer.
ICE and the Department of Homeland Security, which oversees ICE, did not respond to emails from KOIN 6 News requesting comment.
Stay with KOIN 6 News as this story develops.
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