A New York City police officer who got into a scuffle while escorting a suspect from a Manhattan Apple store has been acquitted of assault charges after being slapped with an assault charge by Democratic District Attorney Alvin Bragg.
Officer Salvatore Provenzano, a 17-year veteran of the New York City Police Department (NYPD), died in 2023, two years after his body camera captured an interaction between him and Kamal Cheikaoui in October 2021. He was charged with third-degree assault in 2017.CBS News repeatedly refused to leave Upper West Side store report.
Mr. Cheikaoui, new york post explained As a “repeat offender”Provenzano and other officers reportedly were acting “unruly” inside the Apple Store before security asked him to leave, prompting Provenzano and other officers to remove him. It is said that he intervened.
Body camera footage captured by another responding officer begins with Sheikhaoui loudly demanding to buy items and attempting to break through security as Provenzano grabs him by the arm and leads him to the exit. . When the suspect suddenly turned away from his grasp, the officer punched him in the face.
Cheikaoui fell to the floor and officers struggled to handcuff him until Provenzano’s partner, West Side Rag, pepper-sprayed him. report of the case.
Although the suspect was not injured and Provenzano had no history of on-the-job violence, Attorney General Bragg’s office convened a grand jury to indict the officer. 2 years later.
Provenzano had been facing up to a year in prison on the assault charge, but rejected a plea deal on the lesser charge of second-degree harassment. Instead, he took his chances in court.
“My client genuinely believed he was going to be hit – and there was one punch,” the officer’s lawyer Stu London told the court in July.
London also claimed that Cheikhaoui had previously pursued store security and been banned from at least one other Apple Store.
“All this officer was doing was trying to provide protection.” [the man] I left the area,” London told reporters outside the courthouse.
“When he put his hand on his elbow to leave, [the man] Immediately throwing his arms back and tensing his body, this officer reasonably thought he was going to get hit, so he punched him once, but he fell down without being hurt at all. ”
Police union representatives were pleased to announce Thursday that the charges had finally been dropped.
The New York City Police Benevolent Association (PBA), which represents more than 50,000 active and retired NYPD officers, said: “We are grateful that justice was served, but Manhattan prosecutors should never have brought this case in the first place.” said.
“The DA must stop targeting New York City police officers and go after criminals. It needs to end now,” PBA President Patrick Hendry said at a press conference.
Innocence: our @NYPD20Pct The older brother was acquitted of all charges after allegedly defending himself from a repeat offender who caused a disturbance at an Apple store on the Upper West Side. We are grateful that justice is being served, but Manhattan prosecutors should never have brought this case in the first place. pic.twitter.com/zxxmBNB33B
— New York City PBA (@NYCPBA) April 25, 2024
In the statement, new york post obtainedHendry said Provenzano was “just doing his job” to remove repeat offenders from the store.
“We’re grateful that the court recognized that reality and acquitted him, but unfortunately a lot of damage was done,” Hendry said. “A talented, hard-working police officer has been out of action for nearly a year, and police officers in this area are worried that their careers will be derailed by baseless charges.”
“Manhattan prosecutors need to stop wasting time and resources targeting police officers over nonsense and start working with us to address real public safety issues.”
London also celebrated the acquittal, but questioned why the Manhattan DA’s office brought this case in the first place.
“My client is satisfied that the judge saw through this and understood that this was not an assault incident at all. Officials were just defending themselves,” London said. post on Thursday.
“It was a very minor incident, but unfortunately it has turned into a much more difficult situation for the Manhattan DA’s office,” he added.
Although the lawsuit was dismissed, Maxwell Wiley, an acting Manhattan Supreme Court judge, said in court that Bragg’s office made no mistake in filing the lawsuit.
“We work closely with the NYPD every day and have tremendous respect for our officers in uniform,” Bragg said in a statement. “We appreciate the hard work of the prosecutors and Judge Wiley’s careful and thoughtful consideration of this matter.”
