AUSTIN (KXAN) – Austin activist, Antonio Buehler, and Austin police officer, Patrick Oborski have both been cleared by a Travis County Grand Jury of any felony charges regarding an incident that happened on New Year’s Day 2012 .

Officer Oborski and officer Robert Snider were investigating a driving while intoxicated case when Buehler started started taking pictures of the incident because he believed the officers were being overly aggressive towards the women in the vehicle.

According to the District Attorney’s Office, Buehler got into a heated face-to-face verbal argument with Oborski. During the argument, Oborski believed Buehler spit in his face and began trying to arrest Buehler.

Buehler denied ever spitting in the officer’s face and later accused Oborski of lying in his arrest affidavit.

The incident involving Buehler and the officers was caught on camera by a man who happened to see the altercation unfold in front of him. The witness video as well as dash camera video from the patrol cars were shown to the Grand Jury.

Over the past year, the Grand Jury met six times and heard from 13 witnesses.

While Buehler was no-billed on the felony charge, the Grand Jury did return indictments against Buehler for failure to obey a lawful order, which is a Class C misdemeanor, for three incidents involving APD in the summer of 2012 .

“It is clear that after reviewing all of the evidence in these cases and applicable statutes, the Grand Jury found that interfering with officers during the course of their duties is, in fact, a crime,” said Chief Art Acevedo. “As these matters continue working their way through the criminal justice process, the Austin Police Department wants to once again reiterate the fact that simply filming police actions are generally lawful. However, interfering or obstructing a lawful police action, failure to obey a lawful order, and/or resisting arrest is a violation of the law.”

The felony charges considered against Officer Oborski were tampering with a governmental record and official oppression.

APD said they won’t be releasing dash camera video of the incident because it will be used in the Class A misdemeanor case.