Alleged racism-fueled melee on south shore of Staten Islands ended in unlawful arrest, lawsuit hears

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STATEN ISLAND, NY A Staten Island man is suing the city and several NYPD officers for what he claims was an unlawful arrest in Arden Heights last summer, moments after defending himself against a suspected neighbor armed with a knife that sprang racial epithets.

A civil complaint filed on behalf of Nathaniel Garcia, 20, a Navy reservist, claims the targeted arrest violated equal rights legislation at the municipal, state and federal levels. He goes on to cite previous instances of controversial tactics and alleged criminal activity taken by New York City cops in regards to arrests of dark-skinned men.

The defendants’ actions, consistent with the plaintiffs’ underlying arrest, which occurred without even the appearance of probable cause, grossly violated the plaintiffs’ civil rights…wrote the attorney based in the Queens, Sameer Nath, in the January 3 Complaint, filed with the Supreme State. Court, St. George.

As a result, the Applicant developed a severe fear of the police which prevented him from venturing outside his home for some time and effectively and permanently dampened his desire and ability to communicate with the police.

The Complaint seeks such damages as this court may deem just and proper.

A spokesperson for the New York City Legal Department said Friday that the lawsuit and the case itself are being reviewed further before a statement is released publicly.

INCIDENT LEAD TO ARRESTS

Just before midnight on August 10, an argument broke out over a car parked on Carlyle Green near the home of John Borzumato, 58, in a typically quiet residential loop in Arden Heights.

Police said at the time that Borzumato approached a vehicle occupied by a group of dark-skinned men, including Garcia and at least one teenager. According to Garcia’s family, the group was heading home after a day at the beach.

Borzumato was described by a law enforcement source as emotional, while testimony to police at the time indicated he was armed with a knife and said the word n—–. He was also accused of chasing Garcia and the other young men around the car, threatening to kill them, while stabbing the tires with the knife, the civil complaint states.

In turn, Garcia admitted punching Borzumato in the face, knocking him to the ground with what police described as a severe head injury that required hospitalization.

Both men were initially charged in connection with the incident. Borzumato was charged with a hate crime.

The charges against Garcia were dismissed by District Attorney Michael E. McMahon and expunged from his record, but not before the plaintiff was unlawfully detained, retained criminal defense counsel, and compelled to return to court to respond and defend, obviously. false and unfounded criminal charges, according to the lawsuit.

The charges against Borzumato were sealed in St. George Criminal Court, indicating that the defendant was not charged with any of the felony charges in the state Supreme Court, as would typically be the case. case given the nature of the allegations originally filed by law enforcement.

A lawsuit against the city has been filed in connection with an Aug. 10 brawl at an apartment building in Arden Heights between a 58-year-old Carlyle Green resident and a group of young men returning home, which initially spawned aggression and hatred. criminal charges.

POLICE RESPONSE

Police who were called to the scene the night of the neighborhood disturbance approached Garcia, searched him and handcuffed him, according to the complaint, which also alleges unnecessary force on the part of the officers who arrested him. have stopped.

They shouldn’t have arrested Garcia, says Nath;

Because several bystanders were present who informed the police that the alleged complainant victim had approached the complainant, called the complainant with racial epithets, including n—–, accused the complainant while he was armed with a blade, chased the Complainant around the Complainant’s automobile, punctured the Complainant’s tires, [and] told the applicant that he was going to stab and kill the applicant.

While said attacker was armed with said blade, he continues, Garcia struck him with a closed fist.

The defendants had no probable cause to believe that the plaintiff was guilty or that the prosecution could succeed, the complaint says, which then accuses them of having personally spoken about the alleged fabrication of evidence and observations. non-existent.

Their actions, Nath argues, were motivated by a desire to obtain additional overtime pay, benefits, and career favor from senior officers; to avoid adverse consequences associated with failing to meet NYPD departmental arrest quotas; and also to cover up their flagrant violations of proper police procedures and gross misconduct, including their fabrications of non-existent observations, evidence and information.

The only officer in the group named in the lawsuit, a black man, has been with the department since 2006, records show. A lawsuit filed against him in 2013 in Brooklyn federal court sought an unlawful arrest and was settled for $45,000.

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