NEW YORK
A Yonkers police officer has pleaded not guilty to a charge that he body-slammed an unarmed woman onto a tile floor, breaking her jaw.
Yonkers Officer Wayne Simoes entered the plea to charges that he violated the civil rights of the woman in an appearnce in federal court on Wednesday.
If convicted, Officer Wayne Simoes could face up to 10 years in prison.
Last week, U.S. Attorney Michael Garcia said Simoes' takedown of Irma Marquez on March 3, which was caught on video, amounted to assault. The U.S. attorney said it violated her right against unreasonable force from a police officer.
A federal civil rights lawsuit was filed on June 27 against Simoes, who arrested the 44-year-old home health aide after allegedly slamming her to the ground, leaving her unconscious.
The 38-year-old Simoes was freed on $300,000 bail in June after being charged with using excessive force against a woman at a restaurant.
Federal prosecutors said several officers responded to a call to assist an injured person at the restaurant.
They said Marquez was leaning over the injured person when an officer moved her out of the way. They said Simoes then grabbed her around the waist from behind, lifted her into the air and threw her on the floor, face down, before handcuffing her.
The violent attack, captured on surveillance video, resulted in the hospitalization of Marquez with a fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso and numerous other parts of her body, according to the complaint.
The videotape, which was reviewed by the Westchester County District Attorney Office’s, clearly demonstrates the officer lifting Marquez off her feet and driving her face first into the ceramic tile floor of the restaurant where the incident occurred, the original complaint said.
Marquez was accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece who was earlier rendered unconscious when struck by another assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue, Yonkers, N.Y., on March 3, 2007, according to the indictment.
The indictment said that Simoes slammed Marquez to the floor, then handcuffed and charged the unconscious and seriously injured woman with obstruction of governmental administration and disorderly conduct. On May 9, 2007, a jury acquitted Marquez of all charges.
The indictment charges Simoes with violating of federal civil rights laws, which make it a crime to willfully deprive a person of rights secured and protected by the Constitution of the United States, in this case the right to be free from the use of excessive force by a law enforcement officer in the course of an arrest, stop, or seizure.
If convicted, Simoes could face up to 10 years in prison and a fine of $250,000.
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