Complaint #200810117,
July 4, 2008

Summary

On July 4, 2008, at approximately 8:25 pm, [redacted] was attempting to cross a pedestrian overpass at the intersection of Delancey and Mangin Streets in Manhattan to watch the July 4th fireworks display with his girlfriend, [redacted]. [redacted] and [redacted] had spent the day at East River Park, and [redacted] was returning from a trip to buy ice while [redacted] waited inside the park. When he approached the overpass, he encountered Officers Maurice Harrington and Joel Medina from the 52nd Precinct, who were on a special assignment for the fireworks display. PO Harrington and PO Medina suspected [redacted] of carrying alcohol and denied him entry into the park without first searching his bag. [redacted] began a verbal altercation with the officers, who then denied him entry regardless of whether his bag was searched. [redacted] did not leave, but continued to shout at both officers and attempt to gain entry to East River Park.
PO Medina and PO Harrington asserted that [redacted] began to strike them with his fists and an umbrella that he was carrying, but the investigation could not corroborate this claim. PO Medina struck [redacted] in the left arm with his asp, causing him to fall back to the ground (allegation A). While on the ground, both PO Medina and PO Harrington struck [redacted] about the upper and lower body with their asps. At one point, [redacted] held PO Medina's asp in his hands, but he did not attempt to swing it or otherwise use force against the officers. PO Harrington took PO Medina's asp from [redacted] and began to hit him about the legs with it (allegation B). [redacted] passively resisted by refusing to comply with PO Medina's instructions to roll over onto his stomach to be handcuffed, but did not actively resist by kicking or swinging his arms at the officers. PO Harrington struck [redacted] approximately a dozen times before an officer identified by the investigation as PO Manuel Cruz from the 52nd Precinct walked to [redacted] who was being held by PO Medina as PO Harrington... Read report for details.