Fairfax Officers Testify In Lawsuit Over Arrest

At that point, the two sides' stories diverge.

Koch said that he headed toward the exit but that Schaible appeared suddenly from a side door, shoved the subpoena into his hand and said, "We're not accepting this."

The two argued, and the surveillance camera recorded them pointing fingers at each other. Koch said Schaible circled in front of him and drove his shoulder into Koch's chest.

Koch said he went into Frey's office and demanded the police chief's phone number. He said the officers followed him into Frey's office and arrested him.

Kathleen Buckley, Frey's secretary, confirmed Koch's account.

Schaible said he and Grinnan followed Koch only because of a then-new police policy directing all subpoenas to the internal affairs office at police headquarters. He said that he wanted to "advise [Koch] of the correct procedures" and that they found Koch in Frey's office.

Schaible said Koch became combative. Schaible said that he dropped the subpoena in Koch's lap and that Koch raced back to the information booth and shoved the subpoena through the window, then returned to Frey's office.

Schaible and Grinnan said that when they reentered Frey's office, Koch became angrier, and the confrontation moved into the hall. Schaible denied making any contact with Koch, though Cheetham said Schaible inadvertently collided with Koch as Koch walked around the lobby.

A police civilian employee, Michelle Howard, testified that the confrontation began in the lobby, as Koch said, and that Koch entered Frey's office only once after he served the subpoena.