New York City police arrested a man in the subway for video recording them making a pair of arrests Friday night.

Diego Ibañez said they made him a deal where if he would delete the footage, they wouldn’t take him to jail, but they apparently tried to delete it, even though they failed.

Ibañez posted the video on Facebook with the following description:

I was arrested last night for filming the police as they arrested two black kids in the subway.

Under cover cops came from behind me and cuffed me. “Now everyone has their camera out, see what you did!” said the cop.

He made me a deal that If I erased the video that I wouldn’t go to jail that night. He didn’t erase it correctly. I’m suing the NYPD.

He then posted the following comment:

The officer took my phone and said it’s illegal to film the police. Then he said that he would make a deal with me that if I erased the video, he wouldn’t send me to jail that night. He didn’t erase it correctly. I’m suing the NYPD.

The video shows him getting swarmed by about two to three cops in uniform, telling him “you can’t stand here.”

You can hear him say “I think I have the right to film” and “I’m not bothering you” and “I’m not doing anything” and “I wasn’t doing anything” as the sound of handcuffs getting slapped on his wrists can be heard.

I sent him a message tonight, asking for more details but he hasn’t yet responded. Will update when he does. 

UPDATE: The following are Facebook messages from Ibañez in response to some questions I had:

I’m surprised by how shaken up I am. As the cop was making this deal with me and ordered me to unlock my phone, I realized how powerless I was in that situation.

It’s even stranger for how confident they seem to be while lying. If it’s illegal to film them then why didn’t they charge me with “illegally filming the police.”

I was charged with a “Disorderly conduct: Blocking” – the cop said I was blocking pedestrian traffic. We both knew that was bullshit.

They screamed at me for a good 15 minutes. He made me unlock my phone even after I refused telling me that I would go to jail and he would make my life miserable.

I agreed to his deal knowing that I had no choice. If I went to jail I wouldn’t have any evidence anyways – I know that they would have broken my phone. I have friends who have had that happen to them.

The officer who arrested me didn’t want his name on the ticket. He made another officer do it. I could tell he knew that he fucked up when arrested me so fast.

All but about 2 cops were undercover. Towards the end of the ordeal there were about 10 cops total. These Under covers came out of everywhere. I couldn’t see any names.

The whole thing was about 40 minutes because the cop said I was going to jail and they had to wait to move me. I said over and over again that I didn’t want to go to Jail and that I thought it was unfair.

That’s when he wanted to make the deal.

We made the deal but his partner fucked up. When I realized that, I apologized and acted very polite and naive. After I turned the corner. I ran.

That cop was so aggressive it fucking creeped me out that he would be following me if his partner told him that he couldn’t figure out how to erase the footage.

Crazy that I was trying to keep an eye on them when I saw these young boys in cuffs and then I ended up sitting right next to them. They didn’t allow me to talk to them.

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I am immersed in a legal case where I not only want to clear my criminal charges stemming from my arrest in January, but I want to sue the Miami-Dade Police Department for deleting my footage, which I was able to recover.

My goal is to set some type of precedent to ensure this does not happen as often as it does today where cops simply get away with it.

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