Mister Philips says a Contra Costa County sheriff's deputy threw him through a gate and falsely arrested him.
The Navy reserve lieutenant says a neighbor invited him into the yard next to a house where a murder took place, so he crossed under the crime scene tape to get there. That's when Phillips says a deputy arrested him for obstructing an officer.
"He had me like this behind my neck and when we got closer to the gate he did like this and I went flying into the gate. My body hit the gate post and the gate post broke and the gate fell over and I landed on top of the gate," said Philips.
The Sheriff's Department says Philips crossed under the tape and took pictures after he was told not to.
Philips says records show he never had a camera with him. He says his mother is a retired Contra Costa County deputy sheriff and his father is a retired Richmond police lieutenant.
This is the first time he has ever been arrested.
CORRECTION: A previous version of the story said Phillips was suing the Sheriff's Department. He is not suing; he is filing assault charges against the department.