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Old 05-05-2020, 07:33 AM
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Default Hispanic Cop at center of viral social distancing bust has cost NYC $200K

https://nypost.com/2020/05/04/cop-at...cost-nyc-200k/

Cop at center of viral social distancing bust has cost NYC $200K
By Craig McCarthy
May 4, 2020 | 4:41pm | Updated

The NYPD cop suspended following the violent arrest of a bystander in the East Village has been sued seven times over the last six years — costing the city more than $200,000 in payouts, court records show.

Officer Francisco Garcia was captured in a now-viral video Saturday slapping and punching a 33-year-old bystander who went toe to toe with the cop following a social distancing bust.

On Monday, the Manhattan DA said it was deferring the charges against the bystander, Donni Wright, over the incident near the corner of East Ninth Street and Avenue D.


Officer Francisco Garcia during the social distancing arrest


But this wasn’t the first time the eight-year veteran’s actions were questioned following an arrest, leading to at least six settlements of lawsuits, according to CAPstat, a database of aggregate court data.

CAPstat was created by the Legal Aid Society in March 2019 and shows the number of lawsuits against police officers in the NYPD and the settlements.

The largest settlement the city doled out was for $120,000 in 2018 in response to allegations against Garcia and his partner Gabor Kolman, according to the records.

The lawsuit alleges the pair racially profiled Hector Hernandez in January 2016, which led to a wrongful arrest and assault.

In another case, Garcia threw Marcus Bussey to the floor inside a public housing complex in Washington Heights in February 2014 and “began assaulting him with fists, shod feet and foreign objects, attacking his legs, knees, thighs, back, ribs and head,” the lawsuit alleges.

Bussey was visiting his girlfriend at the time of the wrongful arrests, according to the suit, which was settled for $27,500 the next year.

In October 2013, a year after Garcia joined the force, the cop allegedly ridiculed a woman for her sexual orientation at a fast-food joint, the suit says.

When the woman, Natae Adams, tried to get his badge number, Garcia allegedly said, “Take a f–king picture of it, f–king d–e!” and later arrested her, according to the suit.

That suit, filed in 2016, was settled for $8,500 seven months later, court records show.

A spokeswoman for the NYPD declined to comment on the suits.
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Old 05-29-2020, 05:46 PM
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Default Re: Cop at center of viral social distancing bust has cost NYC $200K

https://nypost.com/2020/05/29/nypd-c...tyle-incident/

NYPD cops face disciplinary charges over ‘George Floyd-style’ incident
By Craig McCarthy and Bruce Golding
May 29, 2020 | 5:26pm


NYPD Officer Francisco Garcia seen with his knee on the neck of Donni Wright during the May 2 incident. Daquan Owens


An NYPD cop will face misconduct charges for putting his knee on a suspect’s neck — the same move that led to the controversial police death of George Floyd in Minnesota.

“The internal investigation is recommending discipline for several members of the Department involved in the incident. Charges are expected as early as next week,” the NYPD said in a statement Friday.

Officer Francisco Garcia was suspended pending an Internal Affairs Bureau probe after he was caught on camera violently subduing a suspect in the East Village on May 2.

Cellphone video shows Garcia, who was wearing street clothes, wielding a Taser as he shouts at bystanders as other cops confronted two men for allegedly violating coronavirus social-distancing rules near East 9th Street and Avenue D.

“Move the f–k back right now!” he was recorded saying.

“What you flexing for? Don’t flex!”

Garcia then holstered the Taser and grabbed an onlooker, wrestling him down and punching him in his head before using his knee to pin the man’s neck to the sidewalk, the video shows.

The Manhattan District Attorney’s Office later deferred prosecution of the man — Donni Wright, 33 — on charges of assaulting a police officer, menacing and resisting arrest.

In addition to Garcia, at least two other cops are expected to face disciplinary charges over the incident, according to a source familiar with the matter.

Garcia has been sued seven times during the past six years, leading to more than $200,000 in settlements by the city, records show.

Following the May 2 incident, Police Commissioner Dermot Shea said there were “certainly some tactics that I was not happy with.”

“I think we got to be better and that’s what was most troubling to me,” Shea said.

“I would also like to remind you that de-escalation takes two, unfortunately.”

Garcia’s union, the Police Benevolent Association, didn’t immediately return a request for comment.
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Old 10-06-2020, 04:54 PM
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Default Re: Cop at center of viral social distancing bust has cost NYC $200K

https://nypost.com/2020/10/06/nypd-c...nally-charged/

NYPD cop who knelt on man’s neck will be internally charged by month’s end
By Craig McCarthy
October 6, 2020 | 3:54pm | Updated

The NYPD officer who was caught on camera kneeling on a man’s neck during an arrest — images that echoed the death of George Floyd in Minnesota — will be charged internally this month, The Post has learned.

Officer Francisco Garcia was suspended after the violent encounter in the East Village on May 2 when the Taser-wielding cop in street clothes confronted an onlooker after a social distancing arrest near East 9th Street and Avenue D.

The two then faced off as Garcia yelled, “Move the f–k back right now!” and “What you flexing for? Don’t flex!”

Garcia then holstered his stun gun and punched the 33-year-old before using a knee to the neck to pin the man on the sidewalk, the video shows.

Charges are expected to be filed by Oct. 30, the Police Benevolent Association confirmed.

“Once again, City Hall and the NYPD’s leadership are putting politics before a police officer’s right to due process,” PBA president Patrick Lynch said in a statement.

“Instead of trying to make an example of P.O. Garcia, they should be holding themselves accountable for sending police officers out to enforce their half-baked policies in the first place.”


NYPD officer Francisco Garcia during the arrest in May
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At the end of May, the NYPD announced it would recommend internal charges against Garcia and the two other officers involved.

The Manhattan District Attorney’s Office deferred prosecution against Donni Wright, who was originally charged with assaulting a police officer, menacing and resisting arrest.

Police Commissioner Dermot Shea said after the incident that there were “certainly some tactics that I was not happy with” but added, “I would also like to remind you that de-escalation takes two, unfortunately.”

The status of the internal probes against the other two officers was not immediately known.
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