Detroit (WJBK) -
For the first time we are hearing from Jarunice Bivins, the mother of the man wrongly accused of shoplifting at a Detroit Meijer then beaten with a baton by an off-duty Detroit police officer, working security.
On Thursday - David Bivins, 23, was released from jail after the Wayne county prosecutor's office rejected a warrant of resisting and obstructing. Bivins is still charged with disorderly conduct.
"I really don't want to say what I really feel I am just disgusted with the whole incident," Jarunice said.
The incident was recorded by a witness's cell phone which many believe; including David's mother shows a police officer using excessive force. Bivins, who his mother says works as a chef in Ferndale is banged up from head to toe - too weak to come downstairs to do an interview.
David is still traumatized by what happened when he and his girlfriend were at Meijer shopping for their 2-week-old baby.
"Now that broke my heart, to see someone treat my son like that, it is hard to see." she said. "He wasn't doing anything, he wasn't raised like that, (he's) very soft spoken, a quiet kid actually."
Earlier this week, Chief James Craig came out calling the police confrontation "appropriate, proper and reasonable" although there was never any evidence Bivins stole anything from the store.
His mother says she is relieved the whole aggressive arrest was recorded and they plan to take legal action.
"I just want justice," she said.
FOX 2: "What do you think about what the officer did?
"That was just wrong," she said. "I was glad that there was someone to take video and that was someone around. I think it could have been way worse if no one was around."
Bivins says they are now working with attorney Geoffrey Fieger, while the investigation is still on going.
After suffering injuries to his face, his body, even losing some teeth, David's mother does believe her son wants to talk about the incident but he's just not ready yet.