The incident happened on Saturday at Waffle House.
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Anthony Wall, 21, had just taken his 16-year-old sister to prom and went to grab a bite to eat when he said he got into an argument with several wait staff members.
From there, Warsaw police were called to remove Wall, which led to him being choked and slammed by officer Frank Moss and led away in handcuffs.
"I was pretty much trying to scream for air and trying to breathe because he was holding my throat and that's when I got aggressive with him because you are choking me," said Wall.
Police said Wall was charged with resisting arrest and disorderly conduct for the argument inside the Waffle House.
While he takes full responsibility for his interaction with Waffle House employees, he said the cop's actions were not justified.
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"Your hands should have never been around my neck like that if my hands were in the air," said Wall.
Wall was charged for disorderly conduct and resisting arrest.
Warsaw police and the FBI are investigating.