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CHICAGO — Metra police say he was an unruly passenger who resisted arrest. He claims officers used unnecessary roughness. Cell-phone video was shot early Monday morning on the Milwaukee West Line bound for Elgin captured the incident and a jury may have to decide who is right.

Metra says it had a group of apparently drunk riders on the upper level of the train. A spokesman tells WGN News they were yelling and cursing. When a conductor asked them to stop, they yelled and cursed some more. So when the conductor spotted a couple of Metra officers at the Western Ave station, he asked them to climb aboard and remove some of the offenders from the train.

Metra says two passengers stood out. One was a minor and eventually complied with the officers requests to come down from the upper level.

The other was 20-year-old Ryan Hutchinson of Bloomingdale. He wouldn`t come down, so the Metra officer went up to the upper level. Ryan is heard on video saying he`s not resisting but the video shows he’s not allowing himself to be cuffed and taken away. He keeps his right hand free and refuses to submit.

Ryan was then tased. His lawyer says, it was four times, which he calls excessive force “and police brutality.”

Ryan was charged with disorderly conduct and resisting arrest.

He is free awaiting a court appearance next month.

Metra issued a statement which reads in part, “Metra has a responsibility to maintain a safe environment for its riders- and we take that responsibility very seriously. We will remove passengers who are being disorderly and refuse a conductor`s requests to stop. The incident could have been avoided if Mr. Hutchinson had complied with the conductor`s request to stop using obscene language. The police would never have been summoned. And once the police were there, he could have followed their instructions.”