It's the YouTube video making news across the country.
A grandfather, bloodied and bruised, and passed out on the floor of a Buckeye Wal-Mart the day after Thanksgiving.
Witnesses said the man was body slammed to the ground by a Buckeye police officer, who suspected Jerald Newman, 54, shoplifting.
On Tuesday, Newman's attorneys held a news conference. They said that their client never committed any crime and officers crossed the line.
"It was savage cruelty, "said attorney Todd Nolan. "It was absolutely excessive force. We are thrilled that Department of Public Safety is looking into use of force with the Buckeye Police Department."
Newman was among a pack of shoppers who flooded the Wal-Mart store on Black Friday, fighting over a stack of discounted video games.
According to Newman's grandson, Newman stuffed a video under his shirt to prevent others from taking it.
Moments later, Newman was on the ground.
"There are multiple witnesses that have come forward that have indicated that Mr. Newman did not resist arrest," Nolan said.
Newman spent several hours in the hospital, then was taken away to jail.
"The force that was used by officers involved is just inexcusable," said Nolan.
The Maricopa County attorney's office has dismissed criminal charges against Newman and sent the case back to the Buckeye Police Department.
The DPS investigation is expected to take several weeks.
The Buckeye police officer involved in the incident has been placed on administrative leave.
Thursday, May 23 2013 12:39 PM EDT2013-05-23 16:39:28 GMT
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? CBS 5
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Jodi Arias (Source: CBS 5 News)
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(Source: CBS 5 News)
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