Man claims police brutality in beating caught on tape

PHILADELPHIA - November 20, 2012

In a video posted on YouTube, you can see two police officers hitting Victor Nicholas with their sticks.

The officers appear to be trying to control Nicholas' hands.

A few seconds later, an officer Tasers the 41-year-old, who is claiming police brutality.

"I grabbed my head and I seen the blood in my hand. I said, 'you busted my head open.' I said, 'man, I'm not going to keep my hands on the car if you keep hitting me with the stick,'" Nicholas said.

Nicholas required a couple of stitches to his head and suffered bruises to his arm and body.

The confrontation with police began when the owner of Alejandro's corner store on the 3000 of West Cumberland accused Nicholas of stealing a pie.

The two argued and police were called.

"First, they told me to put my hands on the car. I complied. Completely," Nicholas said.

But that is what's unclear.

The video does not show the initial questioning by police.

The owner of Alejandro's tells Action News off camera when police arrived he pointed out Nicholas.

He says he saw Nicholas initially ignore the officers and, despite orders by police, would not remove his hand from his pocket.

At one point on the video, you can hear an officer scream to his partner "he has my stick."

Police Internal Affairs are investigating and interviewed Nicholas at his home tonight.

Nicholas denies he stole anything and claims he never resisted police; however, the owner of Alejandro's says he turned over surveillance of the theft to investigators.

"I've been knowing him for years and I don't take nothing from him, I know him," Nicholas said.

Police had no comment pending the outcome of the investigation.

Nicholas is charged with resisting arrest, making terroristic threats, and retail theft.

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