Brooklyn, NY – Prosecutors are reviewing a video that shows NYPD cops repeatedly punching and kicking a suspect in a Brooklyn alleyway on New Year’s Day, the Daily News has learned.
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The footage is grainy but one cop can clearly be seen pulling back his leg and slamming his foot into the man, while two others land blows with their fists.
The video surfaced a week after two cops were suspended because of a video showing them beating a handcuffed man in the Bronx.
The new one was turned over to the Brooklyn District Attorney’s office as the battered man, Nagi Benson, made plans to sue the city.
“These cops seem to act like a criminal organization rather than a municipal police force,” said Benson’s lawyer, Fred Lichtmacher.
“The use of force must be judged by reasonableness and as you watch the tape you don’t see anything that justifies punching my client in the face and kicking him as it is occurring.”
The incident happened as cops tried to disperse a large crowd that had gathered around a fight on Albany Ave. in Bedford-Stuyvesant around 5a.m. on Jan. 1.
Benson, who has a criminal record, and pal Davial Rowe, 23, were charged with punching 79th Precinct Officers John Balestriere and Gregory Clark.
Surveillance video does not show Benson or Rowe striking any blows – but it also doesn’t show the action on Albany Ave.
Instead, Benson is seen being pulled into the alleyway where three cops struggle to cuff him.
His arms do not appear to be “flailing,” as described in a criminal complaint sworn out by Officer Douglas Graham.
In fact, it appears he is restrained while the three cops hit and kick him – as other officers standing nearby appear to walk quickly out of the alley.
Jerry Schmetterer, a spokesman for the Brooklyn DA, said an investigation is underway.
“We have the video and we will share it with [police] Internal Affairs,” he said.
The NYPD had no comment yesterday because it has not yet seen the video.
Benson filed notice last week that he intends to slap the city with a $5 million suit. He has a rap sheet that includes arrests for marijuana possession, reckless driving and gun possession.
Rowe, who plans to sue for $1 million, has no criminal record.
The video came from a security camera mounted on an apartment building.
In the Bronx incident, video captured by a bystander showed two cops beating a handcuffed suspect after a police friendly-fire shooting. Two sergeants were put on desk duty for not intervening.
these cops are not that smart if they think that nyc is not full of cameras
All the cops that were present at the time this “crime” took place, including the cops who “walked out quickly”, should be fired from the police force, they should be tried and if convicted they should serve 10 years in prison. The victim should get 10 million from the city, regardless of his rap sheet. This behavior by the police department is unforgivable and unacceptable. When you let hooligans take the law in their own hands you’re giving them the green light to beat and maim, which ultimately can lead to nazi like tragedies. i’m disgusted with the Police department for their actions.
Does anyone else feel like the video doesn’t show anything clearly as to whether they are beating a handcuffed person or not? Just looks like a bunch of blobs standing around a person on the ground and other blobs running around.
NYPD often thinks they are above the law
reminds me how my rebbe in cheder used to bang me away like this officer..a shame i dont have films to proove it..
Needless to say, I don’t know anything about this particular case. I do know, however, that the reality of policing in NY, just like here in Baltimore, that it is much more like zoo-keeping then policing the civilized city. I wouldn’t be critical of the police officers, at least not until you walk few miles in their shoes.
They are wrestling around with this perp, obviously trying to restrain him from harming anyone. Wake up people…who do you call when you have an emergency?? The police- and you should be grateful they are out there protecting you and your family on a daily basis.
We ought to thankful to the NYC police department and it’s officers as they are here to keep us safe and secure, and thanks to Hashem we are living in the safest city in the world were crime is well under control (crime will always be around, and the most we can see is crime be ‘reduced’ but not gone), and an isolated incident should not be the cause to throw such negative comments against the entire NYPD, it’s a SIN and especially to us jewish people because we are in Golus, we also don’t like when we have a Madoff or such kind being in the news and the entire community is being placed in the spotlight.
Everyone is so quick to judge yet the video only shows so much therefore nobody really knows what happened and nobody knows what happened before the video started.