FOX17 NEWS was the FIRST to bring you footage of an alleged police brutality case in Dickson County, and FOX17's Eric Alvarez brings us the first major development in the courtroom. A motion to drop the charges against the man who claims he was unnecessarily beaten by law enforcement was found premature by a county judge Wednesday afternoon at the Dickson County courthouse. The motions stemmed from a cell phone video captured November 26 when agents with the 23rd Judicial Drug Task Force searched Richard Lowe on suspicion of drug crimes. The video appears to show them punching Lowe after he'd been handcuffed.

"When you punch someone in the face that is seated on the ground with their hands cuffed behind their back, our allegation is that is such terrible misconduct that it should merit dismissal," says 23rd Judicial District Public Defender Jake Lockert.

Lowe's girlfriend Tashawna Alberd took the video on her cell phone that day.

"They're trained to do this a way and then they turn around and do it another way because nobody's watching them," says Alberd. "They should get fired."

It's her voice that's heard screaming at the agents.

"I was telling them to stop because they was hurting him," says Alberd. "I had to do something to protect him."

Alberd faces drug charges from that day, but even though Lowe has been behind bars since his arrest, he has not been charged. Judge Robert Burch said it was still too early in the judicial process to hear the motion to drop the charges. It's yet to be seen if and when Lowe will be indicted by a grand jury. Lockert says if that happens, he plans to refile these same motions early next year. Agents with the Drug Task Force were at the hearing, but did not answer any questions. The TBI is also investigating this case.Both Sides in Dickson Co. Beating Face Off in Court