A video recorded on a cell phone has emerged showing an NYPD officer allegedly stealing $1,300 from a man while carrying out a stop-and-frisk.

The video was shot in the early hours of Sept. 16 when Lamard Joye and his sister Lateefah Joye were walking through the Coney Island neighborhood when an NYPD officer approached Lamard and begin to “rough [Lamard] up.”  Others nearby saw this and began to record the incident.

In the video, we see the officer push Lamard against a fence before reaching in Lamard’s pocket and allegedly withdrawing $1,300 in cash, according to CBS News.  It is at this point the officer pepper-sprays Lamard.  Lateefah can be heard inquiring for the officers badge number when the officer turns and pepper sprays her as well.

The Joye siblings are being represented by lawyer Robert Marinelli who said in a statement, according to the New York Daily News, “I believe that this officer made an assumption that any money Mr. Joye possessed was obtained illegally and therefore he would not report the theft. This assumption was wrong. Mr. Joye is a hardworking taxpayer deserving respect.”

Marinelli obtained pay stubs showing Lamard’s money was obtained through legitimate means and gave this evidence to the Brooklyn District Attorney’s office.  According to the Raw Story, the money in question is still not accounted for or returned.

The NYPD has said there was a call from the area reporting a man with a gun and the officer was responding to the call.  “When officers arrived at the scene, they encountered numerous people at the location,” said the NYPD according to the New York Post.  “As a result of the allegations, the matter is under investigation by the Internal Affairs Bureau and the CCRB [Civilian Complaint Review Board].”