PITTSBURGH (KDKA) — For the second day, Jordan Miles’ attorneys were unsuccessful at getting Pittsburgh Police Chief Nate Harper to testify Miles was improperly arrested and beaten in January 2010.

Chief Harper testified his officers didn’t do anything wrong when they threw away a pop bottle.

He said the bottle wasn’t relevant because it didn’t pertain directly to the charges police filed against Miles.

However, Miles’ attorney argued Jordan never had a bottle and police used it as a fabricated excuse to justify the beating.

The officers claim the bottle caused a bulge in Miles’ pocket that they thought it was a gun.

The officers say during the struggle, Miles was trying to conceal and reach for something in his pocket. That drew a pointed question from the judge.

“Have you ever seen a situation in which someone who was being assaulted who thought, ‘I could really use a cold drink right now?'” he asked.

“No, sir,” replied Chief Harper.

Testimony continues Wednesday.

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