Police officer charged with beating man who behaved erratically and broke his nose
A New York City police officer patrolling the West Village repeatedly punched an emotionally disturbed man in the face and broke his nose, according to Manhattan district attorney prosecutors seeking to hold him criminally liable.
The officer, Juan Perez, was arraigned in the New York State Supreme Court on Wednesday and charged with third-degree assault for the Nov. 10, 2021, encounter. He pleaded not guilty.
Over the years, Manhattan prosecutors have sometimes pressed charges against police officers for actions taken while on duty, but most cases of alleged police misconduct were considered potential violations of department rules rather than crimes. Alvin L. Bragg, who was elected district attorney in 2021, has made police accountability a central focus of his tenure.
“Police officers often find themselves in challenging situations, but they must use their training appropriately and treat New York City residents with respect,” Bragg said in a statement.
Mr Perez’s lawyer, James Kilduff, said in court on Wednesday that his client “categorically denies the allegations”.
A prosecutor, Karl Mulloney-Radke, said in court that in 2021 Mr Perez and his partner had responded to a report of a man behaving erratically near Bleecker and Sullivan Streets and “throwing water on pedestrians” .
That man, identified by prosecutors as Borim Husenaj, briefly struggled with Officer Perez and knocked him off balance. Officer Perez landed on top of Mr. Husenaj and the two became entangled.
“The defendant then struck Mr Husenaj six times,” Mulloney-Radke said in court on Wednesday, describing the blows as “quick, powerful punches”.
Prosecutors said the punches knocked Mr Husenaj unconscious for at least a minute, broke his nose and “caused major swelling and bruising”.
While many complaints of the use of force go to the Civilian Complaint Review Board, which can recommend internal discipline, the clash between Officer Perez and Mr. Husenaj was captured by police cameras and bystander video, giving prosecutors an unusually clear picture of what happened . The account of Mr. Mulloney-Radke in court and a statement of facts filed by prosecutors drew on that evidence to provide a detailed description of a meeting that turned chaotic.
According to police protocol, officers must call the specially trained Emergency Services Unit when dealing with an emotionally disturbed person.
Officer Perez initially decided that Mr. Husenaj did not fall into that category, prosecutors wrote, radioing an ambulance and saying, “this was not an EDP job, but rather someone who was drunk.” Mr Mulloney-Radke said that while tests later showed that Mr Husenaj was indeed drunk, he was also clearly “in the throes of a serious psychiatric crisis”.
When Officer Perez and his partner first saw Mr. Husenaj, he was involved in a “standoff” with at least two other men, prosecutors wrote, brandishing a liquor bottle.
Officer Perez took the bottle from Mr. Husenaj and told him to sit on the curb, prosecutors wrote. Body camera footage showed Mr Husenaj moving on a “crawling and incoherent” screed and said he believed he was a victim of “terrorist acts” because of his belief in God.
Mr. Husenaj got up twice to leave, Mr. Mulloney-Radke said in court, and Officer Perez told him to stay put and then pushed him against a wall to handcuff him.
At the time, according to prosecutors, Mr. Husenaj said the wrong person was arrested and slipped from Officer Perez’s grasp, fell to the ground and knocked the officer off balance.
Mr. Husenaj then pulled Officer Perez’s leg, causing him to fall. Officer Perez landed on top of Mr. Husenaj, according to prosecutors, and Mr. Husenaj “snapped his arm” over the back of Officer Perez’s neck.
Officer Perez’s partner quickly moved Mr. Husenaj’s arm away, prosecutors wrote, leaving him on his back with Officer Perez on top of him and “one arm pulled to the side by the other officer.”
Then, according to prosecutors, Officer Perez began beating Mr. Husenaj.