Surveillance video show two police officers with a suspect in custody get onto an elevator.
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Surveillance video of elevator incident with NYPD
Moments later the suspect makes a move.
Cops say that's when he tried to kick one of them.
Then police say the suspect turned and tried to spit on his partner.
That detective places his hand on the back of the suspect's neck, and covers his face with a pair of pants.
A struggle ensues and then comes the moment in question.
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"I can't tell from the video, which seems to be just a partial period of time that they were in the elevator, whether this officer performed an illegal chokehold or not. It's too fast, the video is not clear enough and it's not complete. It ends with them still in the elevator," said Rory Lancman, New York City Councilmember.
It happened in October 2013 in Fort Greene, Brooklyn.
The video was released by the NYPD as evidence police did nothing wrong.
But the Civilian Complaint Review Board recommended the officer be disciplined.
Police Commissioner James O'Neill decided in July to overturn the guilty ruling in the case, the only time he's tossed a CCRB verdict.
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Councilmember Lancman earlier this week, demanded all evidence from the trial be released, but even after seeing this video, he says there's still missing pieces.
The use of chokeholds, banned by the NYPD, got increased scrutiny after Eric Garner died in Staten Island in 2014.
"After what happened with Eric Garner we need to do everything we can to prevent chokeholds from occurring," Lancman said.
Lancman says he's giving the commissioner until September 7th.
If that doesn't work, he plans to ask the New York City Council to issue subpoenas.