"shrugging his shoulders, bending his arms, flexing and putting his knuckles together near his stomach"
Sounds like he was warming up for a fight. Was a punch coming next? Should the officers wait until the punch lands? Should the officers take action before he takes a swing?

"Toups said he was trying to make a call on his cellphone before he was taken away."
I guess the officers have nothing better to do than wait for him to make a call. Maybe he was hungry, should they wait till he has lunch to?

Toups broke the law and was being arrested. If he did not brake the law none of this would have happened. I can not understand why people try to turn criminals into victims.

Good Luck, Tony