Olayemi Olurin, a staff attorney at the Legal Aid Society, is pushing back on claims by the NYPD that body-worn camera footage of Officer Thomas Montario was damaged and failed to capture the incident between him and her client, 34-year-old Sircarlyle Arnold, as reported by the New York Daily News.

Officer Montario is being investigated by the Queens district attorney’s office over allegations of using illegal force in kneeling on or near Arnold’s neck in the course of making the arrest, but without body-cam footage providing an up-close view of the incident, it may be harder to win the case.

“It appears as though the camera was dislodged and damaged,” Olurin says she was told. “It appears it might have been run over by a vehicle.” Olurin said she is skeptical because she had not previously been told of the damage. The audio that was captured, she said, is not conclusive.

The DA’s office would not answer questions about the camera, citing its policy not to comment on pending cases.