CCTV has emerged showing an NYPD officer apparently using a banned choke hold while arresting a car mechanic outside a garage in Queens.
The footage shows detective Fabio Nunez arresting Tomas Medina just before midnight on July 14 after responding to a noise complaint.
Police say Medina refused to show his ID so he could be issued with a summons and resisted arrest, while Medina's lawyers say Nunez - who has already cost the city $260,000 in lawsuits - could have killed their client.
In the video, Medina can be seen sitting in the street with two friends when Nunez and his partner, Shanee Pierce, arrive and begin speaking with them.
'I told him I was already picking everything up to go,' Medina told the New York Daily News.
The group can be seen speaking to the two officers for several minutes, though it is not clear exactly what was said because there is no audio with the tape.
Medina can be seen taking a cable used to power a speaker back into the shop before Nunez carries the speaker into the back of his patrol car.
That prompts a further discussion between Medina's group and the officers, who can be seen gesturing to each other.
Medina says at one point Nunez asked the group which one of their cars was parked over the entrance to the workshop.
When a female friend said it was her vehicle, Nunez said he was giving her a ticket for parking illegally despite the workshop owner allowing her to park there.
Medina then picks up a chair and gets into another discussion with Nunez, before turning his back on the officer to walk into the workshop.
At that point, Nunez walks towards him, places a hand on the back of his neck, and pushes him up against a vehicle.
One of Medina's friends can be seen motioning for him to calm down as he swaps further words with Nunez.
Medina then turns around with his arms outstretched to speak with Nunez, before turning back around to face toward the car.
Nunez can be seen reaching for Medina's wrist to put him in cuffs, and when Medina appears to resist, Nunez places him in the hold.
Medina spends at least 20 seconds with Nunez's arm around his neck as the officer's partner attempts to get his arm behind his back.
Eventually Nunez lets go but only so he can pull out his Taser, which he uses to shock Medina in the back.
That causes Medina to fight back, pushing both officers away. Nunez shoots Medina with the Taser, but he pulls the probes off before retreating to the back of the shop.
As passersby gather both Medina and Nunez disappear from view as the officer's partner calls for backup.
A few moments later around a dozen officers flood the scene, some running to the back of the shop while others keep the gathering crowd at bay.
In total 20 officers responded to the scene. Medina was charged with assaulting an officer and taken into custody.
Gurmeet Singh, Medina's lawyer from the Legal Aid Society, said Nunez's actions were 'very dangerous' and could had led to his client suffocating.
The incident happened just days before the NYPD filed charges against officer Daniel Pantaleo who used a similar hold while arresting Eric Garner in 2014.
Garner was recorded saying 'I can't breathe' 11 times before he died. His death sparked nationwide protests and led to the formation of the Black Lives Matter movement.
Even before Garner's death, the NYPD had banned the use of choke holds as a restraint technique.
Cynthia Conti-Cook, another lawyer with the Legal Aid Society, added: 'The timing of this incident really shows how little progress the NYPD has made and how it has learned little since death of Garner.'
In the criminal complaint, Nunez says Medina resisted arrest and bit him on the finger, causing a laceration.
Medina is also accused of striking Pierce in the left eye, causing bruising.
A police spokesman added that Medina had refused to show identification so he could be issued with a summons for the noise violation, which led to the arrest.
Nunez, who served in the Navy, has already cost the NYPD almost $260,000 in lawsuits brought by people he has arrested.
In the largest case, Wilkins Cabreja was awarded $100,000 in 2005 after Nunez and another officer managed to break his arm during an arrest. The charges against Cabreja were dropped.
Despite his checkered history, the NYPD promoted Nunez to detective in 2015 and made him part of the neighborhood coordination officer program.
Such officers are supposed to help build ties with the community.
Medina has yet to file a lawsuit, but attorneys say one is forthcoming. An NYPD spokesman said the incident is under review.