Thursday, January 21, 2010

Two New York Officers Suspended After Video Shows Them Striking Handcuffed Man

Two New York City police officers were suspended without pay after a video surfaced showing them striking a handcuffed man this month in the Bronx, officials said Thursday. The video was shot after a failed undercover drug operation during which two other officers were wounded when they were hit in a ricochet of shots fired at a charging pit bull.

Police Commissioner Raymond W. Kelly said the Bronx district attorney’s office and the Police Department’s Internal Affairs Bureau were investigating but had not determined if the officers would face criminal charges.

“If you see this film, you see a prisoner who is handcuffed, who is laying on his face, and he is struck by a uniformed officer,” Mr. Kelly said. “We simply are never going to tolerate something like that; we’re going to take swift and firm action when we see activities of that nature.”

Police officials identified the two officers, both from the 52nd Precinct, as William Green, 26, who joined the force in 2005, and John Cicero, 28, who became an officer in 2008.

Mr. Kelly said two supervisors on the scene had been placed on modified assignment, but he declined to say if anyone else would be disciplined. Police officials identified the disciplined supervisors as Sgt. Junior Carela of the 52nd Precinct and Sgt. Phillip Connor of the 50th Precinct.

“They were in the vicinity and either should have known or, at a minimum, reported the fact that this had happened,” a law enforcement official said of the sergeants. He did not want to be quoted by name because the investigation was continuing.

The official said it was unlikely the investigation would be broadened to include other officers who were outside a residential building on Davidson Avenue when the undercover drug operation fell apart on Jan. 5.

Officers Green and Cicero were suspended within 24 hours after a video of the two men hitting the man — filmed by a civilian from an apartment window — was given to the Internal Affairs Bureau by investigators from the district attorney’s office, officials said.

Jeffrey L. Emdin, a lawyer for the handcuffed man, said he gave the footage to prosecutors at the end of last week.

Officials identified the handcuffed man as Jonathan Baez, 24, of the Bronx. Mr. Baez was initially charged with obstructing governmental administration and resisting arrest, but the charges have been dropped. It was unclear what role, if any, he played in the events that occurred after the undercover drug operation fell apart.

Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, declined to characterize the nature of the investigation.

“We are aware of allegations concerning this videotape and this beating, and we are investigating it,” he said.

Albert W. O’Leary, a spokesman for Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, declined to comment on the matter.

The events began about 8 p.m. as officers were chasing a suspect as part of the undercover investigation. During the chase, one officer fired at a pit bull that charged them; a bullet ricocheted and injured two other officers. The police said they did not believe that Mr. Baez released the pit bull.

Mr. Emdin said the videotape suggested that other officers should be investigated “and perhaps arrested.”

“There is no shock among the officers,” Mr. Emdin said. “There is no sign of outrage by any officers who witnessed it, who heard the cries for help. In fact, they just look as if it was business as usual.”

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