Rochester's police chief is investigating a call for a man who was reportedly acting erratically and the subsequent arrest of a person who taped the incident. Some are saying the incident is yet another example of police brutality.
Spectrum News has obtained video of the incident. A warning that the content of the video may be considered disturbing.
The arrest took place in the Bay and Goodman area around 12:30 a.m. Sunday morning. Police say they were trying to detain a man who they say was acting erratically in the middle of the street. The arrest turned physical, with officers using pepper spray on the man who then said he could not breathe.
A 21-year-old local resident heard the scuffle and grabbed his phone to record the incident. That man was also arrested and initially charged with obstruction, but the chief is ordering those charges dropped.
"Certainly officers have to take control of certain situations at that point in time. The officers perceive something, but we have to look at the reality of things and the reality of the law is based on my findings in watching the video is that the officer did not have cause to make a physical arrest on this individual," RPD Chief La'Ron Singletary says.
"Again, the message to the public is it's okay to record. I welcome the video. The video helps me make determinations as they did this morning. When we're right, I'll stand up here and say we're right. When we're wrong, I'll stand up here and say we're wrong. Again, it's the interpretation of the officer at that time and when the situation calms down, I have more time to look at the situation than the officer on the street and the officer's perception, I have to marry that with what the reality is of the law," Singletary adds.
The man that was initially arrested was treated at the hospital and then charged with assault for allegedly biting an officer.
Tobias Massey is the man who recorded the arrest. He says he's troubled by the entire incident. And when he heard the man say he couldn't breathe, he had to do something, so he pulled out his phone.
"You need to have some kind of evidence to show what our people really go through in this day and age. People think it's only in the movies, it's made up. No. It's really happening and they really at you and they're really trying to get you if you're not complying. They have the power. They take their power to the next level. It should be, 'Yo. I'm human. You human. Let's play basketball. Let's do something positive,'" he says.