you're arrested for playing this guitar okay so not right right there did you have a WCS camera on that day I did have it with me and why wasn't it activated during the incident Captain told us no cameras I think welcome back to the lackluster channel on August 15th of 2019 two brothers Joe and John attended the Feast of the Assumption Festival they brought their guitars and played on the public sidewalk for the passing crowd as they had done multiple times before just after earning their first dollar several officers of the Cleveland Police Department stopped to tell the brothers that they could not play at the event and that they had to leave CCTV video shows the brothers packed up and walking on their way out after a calm conversation but on their way they crossed paths with Captain zuba we started leaving started walking away from him I had my camera out as soon as I came up to the captain he like he's like get that thing out of my face and twisted my wrist security footage appears to confirm the allegation showing the brothers walking their bikes and them being accosted and grabbed by Captain zuba and other officers they said I could still record but they were putting me in handcuffs so it's kind of like this with the phone while they're putting me in handcuffs the cell phone footage is not available calm down so they don't say that you're doing anything just calm down what are you doing why are you doing this why are you doing this we're protecting you immediately after officer Cozart tells the brothers that they are there to protect them Captain zuba shoves Joe for no apparent reason salt salted it's too tight loosen it up shut up loosen the cups the brothers were then walked in cuffs to a control point where they were stripped of their belongings [Applause] before just cooperate just cooperate officer tomorrow rips the phone from Joe's hand and Captain zuba can be seen beelining directly to it to take it into his possession Let It Go [ __ ] into the ear of tomorrow just before his body cam is shut down [Applause] I'm done with my contact the brothers were then stuffed into a van for playing their guitars in public and now we're after their arrest they were taken downtown to be booked and were set free six hours later after being charged with disorderly conduct it was also claimed that they refused to sign their citations and refused to identify and we'll discuss more on that in just a moment as well after their release from jail the boys attempted to collect their personal property but they realized that the cell phone was missing and the evidence log did not include the phone either it seemed to have just vanished weeks later when the brothers appeared at court the judge inquired about the encounter and found it to be fishy [Music] um outside they were this is they were arrested for playing this guitar were you intoxicated she was playing a guitar and the police have came up to you and just arrested you took your cell phone and did all that because it's plenty of time okay something's not right about that the judge dismissed their charges and ordered that the cell phone be released back to them what the department claimed that they didn't have it soon after the brothers filed complaints about the officers including their allegation that the phone was taken from them and never returned two months after the incident they were visited by detectives to investigate the possible criminal actions of the officers and to do a lineup of those present on scene and to talk about the incident [Applause] sign it and Ray what percentage you believe it's that's uh and who do you think that is Captain zuba okay this is clearly bush Okay what percentage are you sure from here um We Gather any facts we can we're going to go to Little Italy to see if there's any surveillance footage there okay stuff like that and we present the facts to a prosecutor and the prosecutor will determine if the officers committed a crime or not okay prior to leaving the brothers showed the officers the property that was returned to them after their arrest this here is one of the bike ahead that they they returned that in the guitars no problem yes I was going to say aside from your cell phone they gave you everything else back it's your cell phone was not in in your bag or nothing like that yeah I mean I hate to be accusatory but it did it was kind of wrong what happened man in it I think they might have destroyed the cell phone because of the evidence of him assaulting me on it the cell phone was the only thing missing the only device that contained evidence that could have proven that Captain zuba assaulted the brothers and the reason there was no body cam footage was uncovered during the internal investigation did you have a WCS camera on that day I did have it with me and why wasn't it activated during the incident Captain told us no cameras how come you didn't activate it I was told not to by who the captain okay when did he tell you that in the beginning before we got dropped off did you have your WCS on you at the time did I have an omni or turned on on you on yes did you turn it on no I didn't uh we were told initially from the captain not to turn them on and then I was thinking we were off duty so we didn't think we had to have them on at any time did you order any officers who were working this detail to not activate the WCS you know you never wanted anyone to do that no it's a direct statement that they're saying the captain orders them every last one make that direction not that somebody had said we're not turning our cameras every last in this event so he the captain would have had to go to each one of them and directly say do not turn yourself someone said it was it was said when they were getting off the bus because I guess they rode a bus to this detail and and then um and who the captain met them at the bus and I think it was Del Vecchio who says during the actual arrest he goes up to Captain zuba and said should I have my WCS on during this and Captain zuba said no again these are what these officers are saying in their interviews so those officers again those officers who made those statements during their IA interviews they're mistaken or lying about you is in that way I can't tell you why they said what they said well I was standing next to I believe Cozart and tomorrow tomorrow I had his video on right he's the only one I had said anything during the arrest it would be on Tony's video if I said don't turn your videos on Tony would have shut us off seven officers in total testified that they were told not to activate their body cams by the captain and later in the criminal investigation of Captain zuba's actions Joe alleged that Captain zuba assaulted him that his phone was stolen and that the citation was false but despite the video showing Captain zuba twisting Joe's arm and pushing him while handcuffed prosecutor Carrie Howard ruled that it was insufficient evidence for an assault charge the video also shows that zuba was the last one seen in possession of the missing cell phone but again it's mishandling and disappearance was ruled insufficient for a theft charge the investigation also found that the brother's activity at the festival was lawful and the officers did not have the authority to even order them to leave let alone arrest or cite the brothers it was also claimed that the brothers refused to sign the citations but none of the officers knew why the brothers claimed that they would have signed the citations if presented with them do you recognize this they've ever seen that before that's a copy of the citation that you were arrested for yeah now down here it says refuse or it says signature you're saying were you ever presented with this to sign or anything oh I remember them showing me that ticket okay but uh I don't know if I was getting a chance to Simon ever okay would you have signed it yeah because I think it's a you can get taken to jail for not signing a ticket okay were you willing to sign or did you refuse to sign it I think I'm pretty sure I signed it because they scared me they said it would be like uh 72 hours in jail if I didn't sign it versus six hours for the disorderly conduct had it not been for officer tomorrow this entire incident would have been swept under the rug with no footage to combat the officer's alleged false arrest alleged assault and disappearance of the cell phone but thanks to officer Tomorrow the Brothers had just enough evidence for a lawsuit in the end the brothers settled for 66 000 but of course the settlement is not to be construed as an admission of liability the cost of the missing cell phone is presumed to be included in the settlement and at this time it is unclear what if any consequences any of the officers faced despite a laundry list of policy and civil rights violations the internal affairs interviews are pretty interesting though but because of their length I have listed links to them in full in the comment section and description Captain zubas is by far my top recommendation the brothers believe that the cap Captain was only suspended for a couple of days because of this incident so let me know in the comments if you think that would be a sufficient punishment for what you just witnessed or describe what you would have wanted if this had happened to you thanks for watching if you have a video use the submit Link in the description or pinned comment if you enjoyed this one subscribe and hit the bell for future content and check out our other channels lady lackluster and the odd side remember to like share and leave a comment about what you think of this interaction it's the easiest way for you to help expose corruption and misconduct merchandise is available using the links below join the lackluster family for just a buck if you'd like to further support the channel get a lack logo next to your name custom emotes and early access to videos I look forward to 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