In his defense, Livoti denied that he had used a choke hold, asserting that any choking was unintentional and that he had not caused Baez's injuries or death. Three officers at the scene testified that they did not see anyone put Baez in a choke hold, that Baez was resisting arrest when Livoti handcuffed him, and that Baez was conscious after being restrained. Baez' father and brothers testified that Livoti did put Baez in a choke hold, and that Baez was limp when Livoti handcuffed him. Officer Francis Livoti also contended that the district court failed to consider that Baez at least contributed to the confrontation by resisting his (Livoti's) efforts to handcuff him (Baez) behind his back. Prosecutors countered that there was no probable cause for the arrest in the first place, it not being a crime to accidentally hit a police car with a football.