During Del Rosario’s encounter with the police, officers lashed out against him for filming, and according to his lawyer, attempted to make him look like the instigator.

Flores has stated that while the brawl was taking place, a police officer accidentally struck another officer with a baton, which prosecutors pinned on Del Rosario. The video evidence uploaded to YouTube on January 28 disproves the prosecutors’ initial claims.

Del Rosario’s attorney Rebecca Heinegg told the The Brooklyn Paper that her client was attacked by the police officers.

“Basically, my client was a victim of a gang assault by the 72nd Precinct,” said Heinegg.

“Five officers slammed him against the gate of a closed store. Batons came down on his head,” she added.

A grand jury decided in September not to indict Del Rosario for the officer’s assault, Heinegg said. Del Rosario was still facing charges for resisting arrest and larceny until the district attorney’s office finally dismissed all charges, as long as he avoids trouble for six months.