A 66-year-old Indiana man who was arrested after refusing to hand over the cell phone that he used to videotape an arrest was acquitted Thursday.

Willie King was standing on his neighbor’s property on February 18 when he began recording police making an arrest.

The man was already in handcuffs but police were still roughing him up so King started recording the scuffle, according to WRTV-6.

The video shows an officer asking King if he was recording, saying he needed the video for evidence.

“You ain’t taking (expletive). There ain’t no evidence,” King is heard saying on the video.

King was arrested and later charged with resisting arrest, public intoxication and disorderly conduct.

 “I’m down there with his knee in my back and another with his elbow in my neck in handcuffs,” King said of the arrest. “I’m 66 years old. I’ve never been arrested.”

 Now King plans to sue the Indianapolis Police Department.

King’s arrest is just another example of police using the “evidence” excuse to seize cameras.

So far, not a single arrest has stood up in court.