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— Surveillance video obtained by 13News Now shows an officer at the Hampton Roads Regional Jail (HRRJ) using an alleged chokehold that prosecutors think went too far.

Robert Whitaker, now a former officer at HRRJ, is charged with felony strangulation for the 2019 incident involving inmate Johnnie Simmons.

Simmons, who has since been released from jail, first told his story to 13News Now in February.

"I tried to say 'I can't breathe,' and I found that there's a luxury in saying 'I can't breathe,' because I couldn't utter the words,” Simmons said.

He said Whitaker put him into a chokehold until he passed out.

Whitaker’s defense attorney argued during a preliminary hearing in May that there was no evidence that Whitaker put Simmons into a chokehold.

Other officers testified that they “brought Simmons to the floor” but that no one touched the inmate’s neck.

Simmons said that’s not the case, and points to a moment in the video where his right leg went limp.