Body-cam video shows Philadelphia cop 'deleting video from suspect's phone after he filmed violent arrest'

  • Philadelphia Police Officer Burnett was placed on leave over his March 23 arrest of Jacob Giddings 
  • The cop's body-camera footage showed him confronting Giddings at a gas station after noticing he had an outstanding arrest warrant for assault 
  • Giddings was seen filming the interaction before his phone fell out of his hand 
  • Officer Burnett then appeared to delete a video off of Giddings' phone 
  • Giddings has since vowed to sue Philadelphia Police for excessive force and assault, tampering with evidence, false arrest and malicious prosecution

A Philadelphia cop's bold move could cost him his job after body-camera footage appeared to show him deleting a video off a man's phone after violently arresting him. 

Officer Burnett, whose first name has not been released, was placed under investigation by the Philadelphia Police Department after Jacob Giddings accused the cop of deleting the video he recorded of a confrontation between the pair on March 23. 

Burnett sought to arrest Giddings, 30, at around 10.30pm that night after running the plates on a pickup truck with 'dark tinted' windows that was parked at a gas station for 10 to 15 minutes and finding that the driver had an active arrest warrant for assault.  

Body-camera video of the incident emerged this week after Giddings -  a black father and business owner - vowed to sue the Philadelphia Police Department for excessive force and assault, tampering with evidence, false arrest and malicious prosecution.

The video appeared to show Burnett removing the video from Giddings phone after he dropped it during a scuffle. 

A Philadelphia cop's bold move could cost him his job after body-camera footage allegedly revealed he deleted a video off a man's phone after violently arresting him

A Philadelphia cop's bold move could cost him his job after body-camera footage allegedly revealed he deleted a video off a man's phone after violently arresting him 

Jacob Giddings, 30, recorded video of his confrontation with Officer Burnett on March 23

Jacob Giddings, 30, recorded video of his confrontation with Officer Burnett on March 23

In the video Giddings is seen sitting in the driver's seat with a passenger next to him. He holds his phone up on his right as he engages in a verbal back-and-forth with Burnett to his left.

'Come out the vehicle, man,' Burnett says.

'I got you on camera,' Giddings replies at one point.

A physical struggle ensued after Burnett tried to grab Giddings' arm.

According to the police report, Burnett tried to pull Giddings out after he 'started to resist.'  

'He hit me, he hit me,' Giddings can be heard saying in the video. 

The body-cam footage cuts to Burnett tinkering with Giddings' iPhone, which at this point looks to have a cracked screen protector.

Officer Burnett rests the phone on the hood of a patrol SUV and appears to delete Giddings' video. He puts the cracked screen protector back on and hands the phone back to Giddings, who is sitting in the back seat.

'My video still in there?' he asks.

'I don't know,' Burnett replies. 

The police report makes no mention of Giddings' cell phone or of the video that Burnett appeared to delete. 

The video was later recovered from Giddings' iCloud account, according to his lawyer Donte Mills, who told DailyMail.com that the police report downplayed the injuries his client sustained. 

Mills said Giddings, who was released on $100,000 bail, was hurt on his hand, face, neck, head and foot, though the police report only notes minor cuts to his wrists from handcuffs.

In body cam footage, Officer Burnett tries to grab Giddings after a verbal back-and-forth

In body cam footage, Officer Burnett tries to grab Giddings after a verbal back-and-forth

The incident took place at a gas station in Philadelphia shortly before 10.30pm on March 23

The incident took place at a gas station in Philadelphia shortly before 10.30pm on March 23

Giddings owns a construction contracting business in Philadelphia. 

'There was a significant amount of time that he could not work, and he still has issues to this day,' Mills told DailyMail.com.  

He was charged with one count of resisting arrest and one count of drug possession, with police noting that he had marijuana on him. 

Philadelphia police previously told TMZ that Officer Burnett had been placed on administrative duty pending the outcome of an internal investigation. 

Lennon Edwards, an attorney on Giddings' defense team, says he has since heard that the officer is on leave. 

'We question what that even means - last I heard he was still going to work,' Edwards said. 

'After an officer commits what is clearly a crime, to be able to go back to work is a slap in the face, it's a travesty. It underscores that there are no consequences on any level for an officer who commits a crime.'

The attorneys said that Giddings had no knowledge of the assault warrant that prompted his interaction with Burnett.

It was borne out of a 'road rage' incident during which someone tried to get past him. 

'They exchanged words and ultimately, when he left, the person took his license plate and took it to the police department and said they got into an altercation,' Mills said.

'He had no idea of this.'

They are suing the department for assault, false arrest, malicious prosecution, obstruction of justice and tampering with evidence.

Lennon says the race of the arresting officer - who in this case was black - should not be taken into account. 

'When a person puts on the uniform, the uniform is blue. It doesn't matter whether the person in that uniform is black, white, green or something else. The issue is that the conduct of the officers in this broken police system pits blue against the community.'

Philadelphia police did not respond to calls or emails about the incident from DailyMail.com.

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