WHITE PLAINS
A Yonkers police officer appeared in federal court this morning on charges that he assaulted a woman and violated her civil rights when he slammed her to the ground before handcuffing her at a city restaurant last year.
Wayne Simoes, 38, is accused of using excessive force against Irma Marquez after she tried to get a better look as medical assistance was being provided to her niece following a confrontation at La Fonda early on March 3, 2007.
The incident was captured on videotape and showed Simoes grab Marquez around the waist, lift her into the air and throw her face down to the floor, according to a criminal complaint by FBI Special Agent Kristina Norris that was filed in U.S. District Court in White Plains.
Norris said that other Yonkers officers who were present in the restaurant that morning said later that "Simoes' use of force against Marquez was unreasonable and excessive."
Marquez, suffered a broken jaw and other facial injuries but was charged with obstruction of governmental administration and disorderly conduct. She filed an $11.3 million federal lawsuit against Yonkers police last month after a jury in City Court acquitted her of all charges.
Marquez' lawyers have criticized District Attorney Janet DiFiore for prosecuting their client and questioned whether her office could properly handle cases of police misconduct. DiFiore said after the lawsuit was filed that her office's handling of the case is being reviewed and that she has "reassigned personnel pending completion of the inquiry."
U.S. Magistrate George Yanthis released Simoes on $300,000 bond. The officer, who lives in Yonkers and joined the police department there in 2000, faces up to 10 years in prison and a $250,000 fine. He is due back in court on July 23.
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