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Delaware County DA Probes Arrest In Chester

CHESTER, Pa., (CBS) -- A controversial arrest with claims that excessive force was used.

The incident is now under investigation by the Delaware County District Attorney.

Family and friends say the video clearly shows police using excessive force, but the district attorney says it's what you don't see on video that tells a different story.

In this cell phone video posted on YouTube, you can see Chester City and Chester Township police officers kick, repeatedly punch and beat 49-year-old Walter Moat while he has on the ground.

Police then declare he's armed.

"He's got a gun."

"I came there his whole face was covered with blood, they didn't need to do all of that just to get him down," said Moat's friend.

Friends and family of Moat are disturbed by the video capturing his arrest Sunday afternoon near Lehman and Honan Streets.

They claim it's police brutality.

His mom wants the officers off the streets.

"They can do it to him, they can do it to anybody," she said.

"From my review at this point in time I don't see excessive force," said Delaware County District Attorney Jack Whelan.

Whelan says Moat was pulled over for going the wrong way down a one way street after police were responding to a burglary.

During a pat down, Whelan contends police found a stolen loaded .38 caliber gun in Moat's waist band.

"Mr. Moat turns around punches the first officer in the face and then ultimately punches the second officer in the face, this is not clearly seen on video," said Whelan.

Whelan contends the 49-year-old who has a lengthy criminal record spanning decades wouldn't comply with officers and resisted arrest even after being tazed twice, therefore justifying the use of greater force.

"We feel the first one, they remove it, who knows if he has a second gun, it wouldn't be unusual," said Whelan.

After being treated at a hospital for bruises and a laceration, Moat is now locked up behind bars. He is facing several serious charges including assault.

Whelan for his part says this investigation is not over.



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