VIRGINIA BEACH, Va. (AP) — A police sergeant has been cleared of wrongdoing for handcuffing an innocent Black man who was eating with his family at a Virginia Beach mall.

But Virginia Beach Police Chief Paul Neudigate told city council members Tuesday that the sergeant and another officer will be disciplined for not wearing masks during the Dec. 19 encounter.

Officers handcuffed Jamar Mackey but released him at the scene after arresting another man, Markee Smith, in the food court.

The chief showed the council side-by-side photos that showed Mackey and Smith both fit the description of Black men in long dreadlocks dressed in all-black and standing beside boys wearing red.