His attorney said surveillance video from the location shows the officer call the officer guarding Eleby over to the SUV he had been searching.
As she searches the vehicle, the video shows the officer circle back to her client and toss marijuana next to him, attorney Zenobia Waters told Channel 2. Waters said the officer then picks the drugs up and repositions them. “And then he stands up and yells, ‘Look what you tried to throw,’” Eleby said.
The video shows Eleby protesting what he sees the officer do and the officer then puts him in a choke-hold while other officers look on.
Waters said in the police report the officer says he saw Eleby throw the drugs down. That’s something she said the video clearly shows is not true.
“It didn’t happen. It simply did not happen,” she told Channel 2.
Eleby believes the video is the reason his case was dismissed.
“I’m glad that camera was there to prove my innocence and justice was served,” Eleby said. “It was a blessing from God.”
Channel 2 contacted the Solicitor’s Office about the allegations.
Spokesperson Terrie Clark sent a statement to Channel 2 saying, “This case is being dismissed due to insufficient evidence because the alleged marijuana is not available. While preparing for trial, the Solicitor-General’s Office requested a release of the alleged marijuana to be used as evidence at trial.
“The DeKalb County Police Department could not produce the alleged marijuana. Therefore, the State is without the evidence needed for trial. The dismissal is not related to how the alleged marijuana came into existence at the scene of the crime nor the videotape made at the scene of the crime.”
According to a Solicitor’s Office Spokesman, the Solicitor plans a full review of the case, including the video.
—Staff writer Bryan Cronan contributed to this report.