Innocent Kid With Down Syndrome Beaten Up And Pepper Sprayed By Vista Ca. Sheriff Deputy. (VIDEO)

Welcome To The Police State Kid. - Sheriff Deputy Jeffrey Guy Statement/Actions.

A Vista family is questioning why their 21-year-old son with Down syndrome was roughed up by a sheriff's deputy while the young man was walking to his father's bakery.

The attempted arrest was a mistake, authorities have admitted.

Antonio Martinez was on his way to the bakery about 8 p.m. Tuesday when Deputy Jeffrey Guy, who was responding to a call of domestic violence, saw him and ordered him to stop, said sheriff's spokeswoman Jan Caldwell. Caldwell said Martinez glanced at the deputy, then pulled a sweatshirt hood over his head and continued walking, Caldwell said.

Guy pulled his car in front of the man and repeatedly ordered him to stop, but the young man did not respond, Caldwell said.

When the deputy tried to detain him, Martinez kept his hands clenched in his pockets and ignored several commands, Caldwell said. The deputy then used pepper spray on Martinez, she said.

Another deputy arrived and, in front of a growing crowd of onlookers, the two men struggled with Martinez. Guy struck him several times with a baton to get him to comply, Caldwell said.

She said it wasn't until they placed him in a patrol car that they realized he was developmentally disabled, and they drove him to Tri-City Medical Center hospital for treatment.

A witness said she was screaming that he had Down syndrome.

Martinez's sister Jessica Martinez, 20, was at the family bakery when witnesses who knew her brother came running for help.

She said he was on the ground calling for help and screaming from the pepper spray. "He was yelling, 'It burns, it burns,'" she said.

She said her brother was cowering and trying to cover his body from the blows. "My brother wasn't even fighting,"

"We made a mistake," Caldwell said.

Jessica Martinez said the family did not know where he was taken until a nurse from the hospital called them about 30 minutes later. He was treated and released. Martinez said her father took her brother back to the hospital Thursday because he complained of pain in his legs.

On Wednesday, Vista sheriff's Capt. Joe Rodi had a visit with the family and apologized, Caldwell said.

The family said the beating left the young man in pain, depressed and afraid of police.

"We want them to fire the officer who hurt him," Martinez said. "We want him to be punished for what he did."

She said the captain offered the family a turkey.

Caldwell said the department will thoroughly investigate the incident. She also said the offer of a turkey was done in the spirit of the season.

"We know a dinner won't make up for what happened," she said. "We just wanted to make their Christmas a little better after what happened Tuesday night."

Guy is on his regularly scheduled days off and has not been placed on administrative leave,

Caldwell said the domestic violence call turned out to be unfounded.

Guy has been with the department about four months, after transferring from the San Jose Police Department, where he worked for eight to 10 years, the spokeswoman said.