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Last week the bribery scandal, three high level brass charged with official misconduct for letting one of their own off Scot free of major felony charges....this week we have an officer who was having sex with his girlfriend 57 times when he was supposed to be protecting us, and another officer assaulted a man. He called 911 and the officers that arrived laughed at him and threatened to make his life hell if he reported the assault....now the guy is suing nassau county taxpayers for $5 million!!! This is what we pay these cops $200,000 a piece for. The officer having sex while on duty was also given a slap on the wrist...while people in his coverage zone could have been dying and gasping for their last breath of air this scum is having sex with his girlfriend!! That should be a multi billion dollar class action lawsuit in and of itself on behalf of all residents in the neighborhood he was supposed to be patrolling.
Koolaid, shmoolaid, the lawsuit is real and the settlement will be too. The cop punched the guy in the back of the head and his buddies did exactly the WRONG thing by intimidating and strong-arming the guy. Even if the guy was wrong at the beginning, it's now a winnable lawsuit and we get left holding the bag. Once someone calls 911 it's public record. When will these arrogant dolts learn to act like professionals. Not all of them, but one bunch like this makes so many good ones look bad. That's the worst part.
Maybe you didn't notice but the OP was referring to the NY Post, what he paper you read? It seems you have nothing to offer, the "koolaid" reference is getting a little old by the way.
The issue as usual is the total lack of oversight and reasonable discipline by the department, no one is in charge or cares. If not for the resident coming forward realtive to the 57 house calls this would have continued, who is supervising this PO?
In order to have an assault, you have to have a physical injury. That would mean a bruise, swelling, a laceration, etc.
Punching someone in the head without causing an injury is harassment, which is a violation, the same as a ticket for blowing a red light or a stop sign. Violations must be witnessed by the party issuing the ticket, or in this case making the arrest.
Even if the alleged offender wasn't an off-duty cop, it still would have been a "no report."
Furthermore, I grew up in Massapequa and I met the kid filing the lawsuit once and several of my friends knew him well. The guy claiming he was assaulted is trash, plain and simple.
News12 did a story on this after he called them to complain and all of his neighbors came out and said that the kid complaining was a trouble maker and that he's always driving around the neighborhood recklessly.
The other corruption stories, fine, but this STUPID lawsuit is going to be thrown out. Don't hang your hat on that incident.
In order to have an assault, you have to have a physical injury. That would mean a bruise, swelling, a laceration, etc.
Punching someone in the head without causing an injury is harassment, which is a violation, the same as a ticket for blowing a red light or a stop sign. Violations must be witnessed by the party issuing the ticket, or in this case making the arrest.
Even if the alleged offender wasn't an off-duty cop, it still would have been a "no report."
Furthermore, I grew up in Massapequa and I met the kid filing the lawsuit once and several of my friends knew him well. The guy claiming he was assaulted is trash, plain and simple.
News12 did a story on this after he called them to complain and all of his neighbors came out and said that the kid complaining was a trouble maker and that he's always driving around the neighborhood recklessly.
The other corruption stories, fine, but this STUPID lawsuit is going to be thrown out. Don't hang your hat on that incident.
Well your half right.....Yes a physical injury but not a bruise,swelling or even a laceration won't automatically make it an assault. You need a physical injury plus "impairment of physical condition or substantial pain."
I have arrested many people that had been punched ended up with two black eyes and a swollen face and the assault charges are dropped 90% of the time.
For example, in Matter of Philip A., 1980, 49 N.Y.2d 198, 424 N.Y.S.2d 418, 400 N.E.2d 358 (1980), the Court of Appeals held that two punches to the face causing red marks, crying, and an unspecified degree of pain was insufficient proof of a physical injury. Two years later, in People v. Jimenez, 55 N.Y.2d 895, 896, 449 N.Y.S.2d 22, 433 N.E.2d 1270 (1982) the Court of Appeal reaffirmed the need for a true “physical injury” holding that a one centimeter cut above the victim’s lip, without more, was insufficient proof of a physical injury.
In People v. Estes, 131 A.D.2d 872, 517 N.Y.S.2d 230 (2nd Dept. 1987), the Second Department held that a “physical injury” was not present where the complaining witness had been bit on the hand, was taken to a hospital where superficial lesions on his hand were cleaned and a tetanus shot administered. The Second Department noted that, as in the instant case, “[t]he complainant received no subsequent medical attention.” Id 131 A.D.2d 872, 517 N.Y.S.2d at 231.
In another Second Department case it was held that cutting the palm of a victim's hand with razor blade during a robbery did not cause impairment of physical condition or substantial pain and, therefore, did not create a "physical injury" People v. Sanders 245 A.D.2d 471, 666 N.Y.S.2d 663 (2nd Dept. 1997)
Ok That's your law lesson for the day
Last edited by BigMike50; 03-13-2012 at 10:11 PM..
Well your half right.....Yes a physical injury but not a bruise,swelling or even a laceration won't automatically make it an assault. You need a physical injury plus "impairment of physical condition or substantial pain."
I have arrested many people that had been punched ended up with two black eyes and a swollen face and the assault charges are dropped 90% of the time.
For example, in Matter of Philip A., 1980, 49 N.Y.2d 198, 424 N.Y.S.2d 418, 400 N.E.2d 358 (1980), the Court of Appeals held that two punches to the face causing red marks, crying, and an unspecified degree of pain was insufficient proof of a physical injury. Two years later, in People v. Jimenez, 55 N.Y.2d 895, 896, 449 N.Y.S.2d 22, 433 N.E.2d 1270 (1982) the Court of Appeal reaffirmed the need for a true “physical injury” holding that a one centimeter cut above the victim’s lip, without more, was insufficient proof of a physical injury.
In People v. Estes, 131 A.D.2d 872, 517 N.Y.S.2d 230 (2nd Dept. 1987), the Second Department held that a “physical injury” was not present where the complaining witness had been bit on the hand, was taken to a hospital where superficial lesions on his hand were cleaned and a tetanus shot administered. The Second Department noted that, as in the instant case, “[t]he complainant received no subsequent medical attention.” Id 131 A.D.2d 872, 517 N.Y.S.2d at 231.
In another Second Department case it was held that cutting the palm of a victim's hand with razor blade during a robbery did not cause impairment of physical condition or substantial pain and, therefore, did not create a "physical injury" People v. Sanders 245 A.D.2d 471, 666 N.Y.S.2d 663 (2nd Dept. 1997)
Ok That's your law lesson for the day
i guess you saw a different news report because the one i saw showed the kid with bruise on his face. the proof is right
there.
it does seem like his car is full of violations such as obstruction of view and tinted windows. he could have gotten hit with tickets but wasnt. now he's got a lovely lawsuit.
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