Updated:ORLANDO, Fla. —
Orlando police have yet to file a response in regards to its latest lawsuit involving the arrest of a man who was recording video of a separate arrest in downtown Orlando.
Alberto Troche said he believes his rights were violated and he's suing the Orlando Police Department.
According to Troche, he stood back as he recorded cellphone video of police officers arresting a man in downtown Orlando.
"I was just there recording and I guess he just saw me recording and he said 'I'll take that,'" Troche said.
On Thursday, Channel 9's Racquel Asa found the police report and video of the incident appear different.
The report, written by Officer Peter Delio, documents what happened in December when he arrested Troche, who was
recording video of police arresting another man.
In the report, the officer said he told Troche his "phone contained evidence of a crime and the video would need to be taken."
The officer then said Troche "was not going to provide the phone and then Troche thrust his left hand toward the
At that point, the officer wrote that he shouted, "Stop resisting and hand over your phone."
But the video taken by Troche doesn’t appear to show any of that, Asa said.
In the video, there is no audio of the officer asking for the phone or Troche refusing and pushing back.
There is also no audio that suggests the officer told Troche to "stop resisting."
The only warnings that can be heard came from another officer, and the only time Delio's voice can be heard is right before he appears to grab the phone out of Troche's hand.
But in his report, the officer then said he "retrieved the phone from Troche" when Troche was at the police vehicle.
Channel 9 asked the Orlando Police Department about the discrepancies, but they said they can't comment on pending litigation.
They also said they are not conducting an internal investigation into the case.