Gary Berger, 40, was apprehended by officers on January 19 during a traffic stop in Montgomery County.

He apparently crashed his motorcycle as a police vehicle, which he claims he has not seen, followed him. It is unclear if the police officer wanted him to stop.

Police bodycam footage seen by Newsweek shows Berger standing with his arms by his side next to a fallen motorcycle as an officer tells him to “get on the ground” and threatens to taser him if he does not comply.

The footage continues to show the officer use his taser when Berger does not get on the ground.

Once on the ground, Berger moves his arms several times when his girlfriend appears and yells expletives at the arresting police officer. His arms do remain behind his back for most of the time leading up to the moment when he is handcuffed.

Several officers arrive shortly afterward to move him to one of the police vehicles when Berger starts confronting officers saying: “You wanna f*** with me. F****** piece of s***.”

Before the officers make it to the vehicle, Berger appears to be forced to the ground and the camera is obscured.

This marks the first time Berger saying his neck has been broken as he can then be heard saying: “I think you f***** my neck up. I think you broke my neck.”

Then the bodycam is apparently picked up and given to an officer. At this moment, the footage shows an officer pushing down on Berger’s head before another officer puts his knee on the suspect’s neck.

Berger continues to yell expletives at the officers as they attempt to put a spit guard around his neck.

An officer can then be heard telling Berger to lift up his head to which he replies: “I can’t lift my head because you just broke my neck.”

In response, an officer says: “Well, sorry about that.”

Berger is then put in the back of one of the police vehicles. He would later be charged with evading arrest and harassing a public servant, according to NBC2 Houston.

Berger’s attorney Alberto Ruiz said his client was “lucky to be alive” and said the arresting officer was “completely out of control.”

In an email sent to Newsweek, Ruiz said: “We believe the footage from police car and body cams show, in graphic detail, that the officers failed to utilize their training and used excessive force without justification or provocation.

“From the first second of the video, as Berger gets up from the ground with his hands up asking what he did wrong, the officer is completely out of control and treats Berger as if he’d just committed a heinous crime.”

He added: “When this happens, innocent lives are placed in jeopardy. Berger is lucky to be alive to tell his story but unfortunately, he’ll never have a normal life again. The slightest fall or bump could leave him paralyzed. And, to date, authorities can provide no basis for the evading arrest charge.

“In the video, you can see how officers brutally assaulted Mr. Berger, even placing a knee on his broken neck as he lay face down in the dirt, hands cuffed behind his back.

Ruiz added he is in the process of defending Berger and will be working to get both charges against him dismissed.

He said his team was preparing a civil rights lawsuit in the Southern District of Texas Federal Court against the officers involved in the arrest.

NBC2 Houston reports that Berger’s attorney, the Houston Peace & Justice Center and local community advocates are calling on the Montgomery County District Attorney’s Office to file police brutality charges against the officers directly involved in the incident.

In a copy of the complaint sent to Newsweek, Berger said “On Wednesday, January 22, I woke up in the hospital. I learned that I the night of my arrest I was announced quadriplegic on arrival, had to be intubated, and doctors had to perform emergency surgery on my cervical spine, which lasted 6-8 hours.

“After the surgery, to the surprise of the medical staff. I was able to slowly walk with assistance. My injury has left me with neck paralysis. I’m currently following up with my orthopedic spine surgeon. I’m not yet ready to start any type of physical therapy because I have not fully recovered from the cervical fusion of C4-C-6.”

Berger’s claims have not been verified.

Constable Chris Jones of the Montgomery County Precinct 5 denied the claims made against him.

In a statement sent to NBC2 Houston, Jones wrote: “Montgomery County Precinct 5 Constable Chris Jones denies all allegations made by Mr. Berger and his counsel.

“Although the investigation is still ongoing it is clear that the statements by Mr. Berger, who has a lengthy criminal history, including prior convictions for involuntary manslaughter and felonious assaults, are not consistent with the video recordings of his arrest on January 19, 2021.”

He added: “Our agency is committed to serving and protecting the citizens of Montgomery County in a transparent and open manner. We look forward to working with the District Attorney’s office and other appropriate law enforcement agencies to ensure a thorough and detailed review of the incident is completed.”

Newsweek has contacted the Montgomery County Precinct 5 Constable and the Houston Peace and Justice Center for comment.