![]() I have this on video: after he cold-cocked him, he flashed his badge to the bouncer and left. My client, after being told that he was a police officer, felt that he was in a secure situation. The individual identified himself as a police officer. The state case is still dragging on-in June Judge James D'Auguste ordered the NYPD to turn over the investigation documents for him to review in private-and, facing the statute of limitations running out, Mattone filed a federal civil rights suit on Thursday. "I worked as an assistant district attorney, so I understand that information can't be provided when an investigation is ongoing," he said, "but this is different." The NYPD has continued to fight turning over its investigation files even though, Mattone said, the investigation is now closed after having been reassigned five times. That lawsuit names the bar as well as the MTA, Port Authority police, and the NYPD. Mattone sued for personal injury damages on behalf of the men in Manhattan state court back in early 2014, after the NYPD denied his public records request for the investigation documents. The video allegedly shows the officer flashing his badge to a bouncer after the attack, then leaving the scene. ![]() ![]() When he called the NYPD Internal Affairs office, he said, "It was always, 'The detective on that is not in,' or, 'The detective has a family member who is sick,' or, 'The case has been reassigned.' I never had someone to call who had been with the case from the beginning and was familiar with all the facts." I called Crime Stoppers and asked them if they would post the photo. "I had called and requested that be done. Thus began an internal NYPD probe that the victims' lawyer says in a federal suit was clearly not a "true comprehensive investigation."ĭespite police having surveillance footage immediately following the attack, "No photos were ever posted to my knowledge in any type of newspaper," lawyer James Mattone said. There, they say police interviewed them, and one of the officers purportedly said he believed one of the assailants could have been a cop. The two escaped and managed to make it to Jacobi Hospital for treatment. The man then allegedly punched him so hard that his jaw broke in four places. Hurtado says he tried to come to the aid of his friend, but was stopped by a man who identified himself as a cop. The two then left the bar and again found themselves face-to-face with the unruly group, who court papers say continued to attack Melendez and yell anti-gay vitriol at him. At about 3 a.m., 15 minutes prior to the bar closing, a group confronted the pair and shoved them, shouting anti-gay slurs, according to the suits. The attack took place early one Saturday morning in September 2013 at a sports bar called Tonic East on Third Avenue, according to lawsuits filed by the victims, Carlos Hurtado and Andrew Melendez, then 24 and 25, respectively. Two men are suing the city after they say a group of belligerent, homophobic drunk people attacked them at a Kips Bay bar a police officer who was with the group broke one of their jaws, and the NYPD failed to investigate the attack.
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