Smith, a black man, is suing the city of Valdosta, Georgia, and numerous agents of the Valdosta Police Department for excessive force and for violating his civil rights after being hit on the ground when he was wrongfully arrested.
Smith showed Cuomo his wrist, which was broken at the time and still has a large bump. Although Smith said he forgave officers at the time, his attorney Nathaniel Haugabrook told Cuomo that he blames the second officer on the scene for leading the situation to physical violence.
"The first officer, as the video shows, is having a fairly normal conversation with Mr. Smith," said Haugabrook. "Mr. Smith followed all of his directives, provided his identification, denied the status of being the suspect, and you have another officer come on the scene and just take over."
The city attorney received a copy of the lawsuit last week, and "the city has not had time to review the document and therefore cannot comment on the content of the lawsuit," according to a released VPD statement. the same day of the demand. served
CNN has contacted the International Union of Police Associations.
The video shows the body hit
VPD released a five-minute camera video of the Sergeant Bill Wheeler incident, and Haugabrook sent CNN an 11-minute body camera video of Officer Dominic Henry.
The incident started on February 8 when a Walgreens employee called 911 because a man was asking customers for money, Haugabrook previously told CNN by phone.
After an officer approached the man, another customer told another officer that the man who had been harassing them had walked down the street, Haugabrook said.
Smith was down the street when Henry approached him and asked for his ID, which Smith did, Haugabrook said.
Smith told Cuomo that he was doing nothing wrong, just waiting for his sister to send him money. He also said that he told officers at the time that he was doing nothing wrong and told them to call his sister in Florida to confirm.
The video shows another officer, whose insignia was visible in the video and was identified to CNN by Haugabrook as Wheeler, appeared behind Smith and hugged him.
Smith asks, "What are you doing?"
Wheeler says, "Listen to him and put your hands behind his back," before he hits him on the ground, climbs on top of him, and thickens.
The way Wheeler was holding Smith prohibited him from putting his hands behind his back and caused Smith's wrist to break when he was thrown to the ground, Haugabrook said.
"I don't think anyone can hear his crying and wailing, the agony he is in, without his heart falling," Haugabrook said of the video.
Haugabrook told CNN that his client refused medical attention at the scene because he was scared and wanted to go home after the incident. Later in the night, Smith went to a hospital where they confirmed that his wrist was broken, Haugabrook said.
While on the ground, Smith is heard yelling, "Oh my God! You broke my wrist," before an officer says, "Stop" and "It could be broken."
Smith continues to cry and cry saying "Oh Jesus it hurts" over and over before the officers remove their handcuffs.
"This is the other guy. The guy with the order is there," Henry tells the other three and points the way.
& # 39; We had the right person detained & # 39; but the information was misunderstood
Before the arrest, the blow to the body and the broken wrist, there was a misinterpretation of the information about the police gang.
Police responded to Walgreens with information that an African-American man wearing a brown hoodie and blue pants harassed customers, Valdosta police said in a statement posted on Facebook.
Two officers who independently searched the scene found two different men who matched the description: One, who turned out not to be the man 911 was called for, had arrest warrants for serious crimes. And the other one, who was the subject of the 911 call, didn't.
But that information was misinterpreted.
"The responding officer believed this person was the subject of the 911 call and was the person with arrest warrants," the statement said. That officer approached and advised him to put his hands behind his back. When he pulled his arms forward and tensed his body, the officer "used a physical control technique to place the subject on the ground" to be handcuffed, according to the statement.
While handcuffing Smith, the officer noted that he appeared to have been injured and immediately removed his handcuffs and asked the dispatcher to send emergency medical services, according to the statement.
"We did stop the right person, it is unfortunate that communication, when you received several officers on the same call, there is a lack of communication during radio traffic. And those are things that yes, we can work on that as an agency, and We worked to continue training our officers better and better communication skills with each other. But again we had to stop the right guy who was causing the problem at Walgreens, it is unfortunate that he was not the one with the felony orders, "said the Valdosta Police Chief Leslie Manahan told CNN affiliate WALB.
Although the police department did not receive any complaints filed after the incident, the on-duty supervisor was notified, prompting a review process of the incident by the officer's supervisor, the Commander of the Patrol Office, the Division of Internal Affairs and the Chief of Police.
Smith complied and simply had a conversation when the incident occurred, Haugabrook told CNN. He also said that there was no reason to use that level of force.
CNN was unable to contact the officers or sergeants involved in the incident for comment.
CNN's Hollie Silverman contributed to this report.