Charges dropped against man tied to a rope by mounted police in Galveston last summer

GALVESTON, Texas - The shocking video shot on Galveston island last summer was seen around the world.

"This is going to look so bad": Galveston PD releases body camera video of controversial arrest

"They handcuffed him and they tied him with a rope and led him down Market street," said attorney Julie Ketterman. "The same Market Street  they led slaves down."

The five-block trip has left an indelible scar on 44-year-old Donald Neely.

"While I was walking I had to encourage myself saying I'm not embarrassed but deep down I was being embarrassed," Neely said.

MORE: Donald Neely, subject of controversial Galveston arrest, speaks out about his experience

If the DA's office wouldn't have dismissed the misdemeanor trespassing charge against Neely Ketterman says she would have taken the case to trial.

"I wasn't going to let him plead guilty or going a year just so Galveston County could get some money who doesn't have money for something he didn't do," said Ketterman.

According to Ketterman, no one complained about Neely sleeping overnight at the post office.

She says in the police report one of the arresting officers is the named victim.

"They were taking advantage of not someone who is only homeless but has some mental health issues and I think they took advantage of that," Ketterman said. "They know he's peaceful they know he doesn't cause any trouble."

She says employees at the post office had no problem with Neely being there after hours.

They kept his things while he was in jail.

"I got it the next morning," Neely said. "It was there and I went back to sleep." 

Ketterman says the mounted police officers decided to walk Neely to jail tied to a rope because it would take 15 minutes for a patrol car to arrive.

"The question needs to be asked if he were a white man would they have led him down Market Street by a rope with two mounted officers," Ketterman said. "That's the question."

Galveston County DA Jack Roady told us, "our motion to dismiss states that while probable cause for the arrest exists the defendant has been and continues to be in mental health treatment and this motion to dismiss was made in the interest of justice."

The Texas Rangers reviewed the material and Roady says they and his office concluded there was no basis to pursue a criminal investigation of the officers' conduct.

The Galveston Police Chief didn't return our calls seeking comment.