A Maryland judge has thrown out the first of three assault charges against two police officers who were caught on tape beating student John McKenna after a 2010 University of Maryland basketball game. The judge said “there was not enough evidence” to show the officers were engaged in first-degree assault. Second-degree assault and official misconduct charges remain.

We might argue about whether dropping those charges was the right call. What we know for certain is that before the tape surfaced, McKenna was the one charged with assaulting officers and a police horse. A good samaritan’s cell phone video was the only thing standing between justice and the student being branded a criminal and thrown in jail.

The lesson should be clear. Citizens recording police encounters can reveal truths the police might prefer to hide. Evan Banks and I made a short video detailing the incident (among others) and the importance of protecting the right of bystanders to record the police.