By:Leslie Gonzalez
The family of a West Hempstead man is riled up over an arrest made by the Malverne Police Department last month, saying his skull got fractured unnecessarily during a run-in with officers.
Family members of Todd DeClemente, 34, said he was hospitalized for two days after being assaulted by police during a traffic stop.
Malverne police officials said DeClemente faces multiple charges after his vehicle was stopped around 1:45 a.m. May 20 on Hempstead Avenue near the Southern State Parkway after Officer John Cantanno saw the car speeding northbound on Ocean Avenue near Utterby Road.
"Officer Cantanno noticed the driver was apparently intoxicated," said Lt. Glen Jacobsen of the Malverne Police. During the stop, a second patrol car, driven by Officer Raymond Rice, pulled up to the scene, police said. "Cantanno was in the process of field-testing DeClemente for sobriety, and as the officer attempted to give him a preliminary breath test, the driver fled," Jacobsen said.
"A chase and a struggle ensued, during which [DeClemente] struck assisting officer Rice on the left side of the face," Jacobsen said.
DeClemente was subdued and arrested, then taken to Nassau County police headquarters in Mineola, where he was formally tested to determine his blood-alcohol level, Jacobsen said. He was then cited for with driving while intoxicated, speeding, second-degree assault and resisting arrest. Rice, who was injured, was taken to Mercy Hospital in Rockville Centre at about 2:30 a.m., and was treated and released, police said.
Malverne police would not release any further details, pending any possible litigation.
DeClemente was arraigned May 21 and released on $20,000 bail. The Nassau County District Attorney's Office would not discuss whether he had any prior arrests, pending a June 15 conference with DeClemente's lawyers to discuss felony charges.
On the advice of his attorneys, DeClemente would not speak to the Herald, but his older brother Steve gave a different account than the police did.
"The cops are claiming my brother struck them first, which is not true," he said. He said his brother was stopped by Cantanno, who was giving him a simple sobriety test, when Rice pulled up and stepped out of his car.
Steve DeClemente said that Cantanno asked his brother, who had been driving alone, to recite the alphabet. The officer then checked Todd DeClemente's eye coordination through a "follow the finger" test, his brother said, adding that Rice then threatened him to obey the order.
"My brother ran, which was a big mistake," Steve DeClemente said. "For him to run, he must have been frightened."
One officer ran after his brother, the elder DeClemente said, while the other officer jumped in his car and gave chase. Todd fled onto Cornwell Avenue, DeClemente said, when the patrol car jumped a curb and struck his brother in the leg.
"My brother surrendered by standing still with his arms raised and his back to the police," said DeClemente, who said it was then that Rice struck his brother first, punching him three times -- first swiping his ear before hitting his head twice. Todd DeClemente was then forced to the ground and arrested, Steve DeClemente said.
"From that moment, my brother complained of jaw pain and nausea," but had to wait several hours before receiving medical attention, DeClemente said. "They took him to Mineola, and he wasn't taken to the hospital until 4:30 in the morning." Todd DeClemente's time of arrival was confirmed by Nassau University Medical Center, where Steve DeClemente said his brother was found to have a fractured skull.
"If you were called at four in the morning and told that your son had been arrested and hospitalized with a fractured skull, how would you feel?" said Joseph DeClemente, Todd's father.
After a two-day hospital stay, Todd DeClemente was released May 22. The hospital declined to discuss his medical condition.
Steve DeClemente described his brother as badly bruised and still limping. "He still feels dizziness and pain in his jaw," he said. Since the arrest, Steve said his brother has undergone numerous CAT scans and seen several specialists, a neurosurgeon, a dentist and an orthodontist.
"He was diagnosed with severe arthritic trauma to his jaw," and despite conflicting reports by different doctors, most have confirmed the skull fracture, Steve said.
Steve Marchelos, a Mineola-based civil attorney hired by the DeClemente family, said his office received Todd's X-rays on Tuesday.
"They will be examined by another doctor to confirm a fracture," Marchelos said. He said his office was drafting a notice of claim, the first step in filing a lawsuit. "At this time, we cannot say whether this case will be pursued in a state or federal court, or both."
Mitchell Miller, who is representing Todd DeClemente in the criminal case, was unavailable to comment when called.
"My brother never hit anyone in his whole life, because as his big brother, I fought his battles," Steve DeClemente said. "He's not a kid to throw a punch, especially at an officer. He has a fractured skull. There's no lying about this."
