DENTON, Texas (CBSDFW.COM) – Denton police found a 24-year-old suspect stuck on top of a spiked metal fence after someone called to report the man was fighting with people he used to work with.

It happened at a restaurant in the 600 block of Fort Worth Drive. When the first officer arrived, they did not witness an assault actively occurring, and three male suspects left the restaurant.

When additional officers arrived, they found Kado Heard on the fence with injuries to his chest.

Police determined he hurt himself after trying to jump the fence.

Officers were able to lift the Heard off the fence, and medics treated then transported him to a local hospital for further treatment. Surveillance video evidence of the incident was not made available by the restaurant. Officers explained to people on scene that law does not allow officers to arrest for misdemeanor assault when evidence cannot be obtained, and victims cannot identify who struck them.

Police said officers were accused of racial bias for not immediately arresting the suspect in a video shared on social media.

But according to the department, there were both Black and Caucasian officers on scene, and the races of suspects and victims involved were Black and Caucasian. After the Heard was medically cleared, he was arrested on a U.S. Marshal Service warrant for possession of a weapon.

He was transported and booked into the City of Denton Jail and charged with Aggravated Assault Causes Serious Bodily Injury, Assault Causes Bodily Injury, Assault of a Pregnant Person and Assault on a Security Officer.

But a municipal judge later determined there was not probable cause for the arrest, and the four assault charges were dropped.

However, Heard remains in jail on the warrant.

The department said the incident is still actively being investigated to determine whether arrest warrants need to be obtained for the two other involved suspects who left the scene.

Anyone with information on this case should call (940) 349-8558. Contact: Amy Cunningham, (940) 349-8558, dentonpd.mediarelations@cityofdenton.com.