Brown was talking on the cell phone when he was zapped with the weapon, which is supposed to be used as a non-lethal way to immobilize a combative person.

Robinson was suspended without pay for 45 days but no criminal charges were filed against him.

A Police Department spokeswoman on Thursday refused to discuss the incident, saying it was a personnel matter.

Police Chief Henry Whitehorn, who was not in office at the time of the incident, said this evening that under terms of the police officers' "bill of rights" law, he believes it is too late for city police to initiate a criminal investigation. 

Brown's lawyer questioned that interpretation of the law and said he would look into it.

Brown was working the door at Kokopelli's nightclub on July 1. A group of police officers outside the club initially thought he was a customer trying to slip in, but then recognized him and backed off.

Robinson then came out of the group and, without warning, tased Brown from behind.

The video shows the officer look around to make sure his colleagues weren't watching, then zap Brown.

Robinson, who decided not to appeal his suspension, is back on patrol. An attorney who met with Robinson about his case declined comment.

Brown said he thought Robinson should have been arrested, even if he was just horsing around when he tased him.

Brown's lawyers have notified the city they expect to file suit over the incident.