Queens District Attorney Richard Brown said in a statement Wednesday his office would not be pursuing criminal charges against any officers in an incident in Jackson Heights last month where a judge contends he was struck by a policeman.
“The people would have the burden of proving beyond a reasonable doubt that the police officer intentionally and unjustifiably struck Justice [Thomas] Raffaele and that the judge sustained physical injury,” Brown said. “Based on our investigation, we are unable to sustain that burden.”
Brown said the district attorney’s office had referred the matter to the Police Department and the Civilian Complaint Review Board to see if any violation of NYPD rules or procedures occurred in the incident. He said the office had no opinion over whether violations took place.
Raffaele, 69, alleges he was struck by an officer June 1 after midnight while 115th Police were trying to arrest and subdue 47-year-old Charles Menninger at the plaza at 74th Street and 37th Road in Jackson Heights. He said he was trying to help calm the crowd growing around Menninger when an officer hit him so hard in the windpipe that he became hoarse and his throat was still hurting weeks later.
Brown said the officers were trying to establish a safety perimeter in the course of the arrest when Raffaele was hit.
“We find that there is insufficient evidence of criminality to support a charge that the police officer acted with intent to injure or that physical injury (as defined by statute and case law) occurred,” Brown said.
The district attorney said Menninger had been trying to strike officers with a metal pipe at the time of his arrest and was also acting violently in an erratic and uncontrolled manner.
“We find that there is insufficient evidence that excessive force was utilized in restraining Mr. Menninger,” Brown said.
Reach reporter Rebecca Henely by e-mail at email@example.com or by phone at 718-260-4564.
©2012 Community News Group
By submitting this comment, you agree to the following terms:
You agree that you, and not TimesLedger.com or its affiliates, are fully responsible for the content that you post. You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening or sexually-oriented material or any material that may violate applicable law; doing so may lead to the removal of your post and to your being permanently banned from posting to the site. You grant to TimesLedger.com the royalty-free, irrevocable, perpetual and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part world-wide and to incorporate it in other works in any form, media or technology now known or later developed.