An Orlando police officer was arrested Tuesday on one count of felony battery for an incident involving excessive force in August 2014.

After an Internal Affairs investigation of Officer Peter Delio, Chief John Mina directed the Florida Department of Law Enforcement to do a criminal investigation.

For now Delio is a free man and is back at work. He posted a $2,500 bond Tuesday morning and is on paid administrative leave while his case is prosecuted. Both the department’s Internal Affairs section and the FDLE investigated the matter and concluded he used excessive force. However, it’s now up to a judge to decide.

In August, Delio responded to a report of petty theft at the Underground Bar in downtown Orlando. In the arrest affidavit, Delio said he placed Robert Liese under arrest for not paying his bar tab.

Delio said his suspect became uncooperative and had to be forced into the patrol car. The officer stated he placed his “left foot into the door jam to prevent him from exiting the vehicle as [he] pushed him in the chest with both of [his] hands.”

Delio said Liese continued to exhibit aggressive behavior by head butting the inside of the patrol car. But it was at the Orlando Police Department where the situation escalated.

Surveillance video from the interview processing room showed Liese head butting and breaking the safety glass. Seconds later, Delio went into the room, striking Liese in the abdomen with his knee while Liese was handcuffed.

The Internal Affairs report stated Liese was then transported to the hospital where surgery was performed to remove a ruptured spleen. However, the investigation could not conclude if the injury was suffered from a vehicle crash the day before.

“Because of the seriousness of the injuries and there was actually a dispute as to when the injuries occurred,” Mina said. “So we wanted to do a thorough investigation by an outside third party to remain transparent and see what they came up with as well. We believe that based on our own investigation that the force was excessive and he received significant discipline for that.”

While the department said Delio was relieved of his duties with pay, he is still working.

Mina said Delio will be assigned to desk work while his case of felony battery is prosecuted.

News 13 also inquired about Delio’s personnel file. Chief Mina said Delio has a history of disciplinary action in his seven years on the force, but nothing as serious as battery.