Damar Fields was scheduled to be arraigned in Peekskill City Court Thursday on charges stemming from a Dec. 3 incident that was caught on video and has since gone viral.
When the case was called, he was a no-show.
According to local community activist Darrel Davis, who has been assisting Fields, they checked the court calendar both Wednesday and Thursday morning, but for some reason, the case was never put on the docket.
Davis says for that reason, they thought Fields did not need to be in court Thursday.
No bench warrant was issued; instead, the case was simply adjourned until next month.
Peekskill police officials say they had received several calls about the 42-year-old Fields allegedly displaying frightening behavior and exposing himself in the park.
Cellphone video was taken of officers tasing and kicking Fields as they tried to arrest him, the video was posted on social media.
Law enforcement union officials say the video that was posted does not show the entire incident, claiming Fields violently refused to comply with officer's requests and that it took several officers to fully restrain him.
The officer who initially responded to the scene has been placed on administrative leave.
Peekskill's police chief released a statement that read in part:
"I made the decision to formally refer the incident to the Westchester County District Attorney’s Office for an independent investigation. I did this because the video circulating on social media raised legitimate questions about the use of force, and it was essential that all aspects of the incident be investigated fully and impartially. Our department is fully cooperating with that review."
Fields is charged with possession of a controlled substance, public lewdness, resisting arrest and obstruction of government administration.
Davis and other supporters claim Fields suffers from mental health issues and is known to police.
Davis came to the courthouse Thursday and told News 12, "I'd say this was a good day, there was a lot of confusion, he didn't have to go through the trauma of coming to court, he's going to need counseling before he can really deal with this in a healthy way and we have some time to talk to attorneys and move forward."
The case was adjourned until Jan. 8.