66.0°,
A Few Clouds WH man loses lawsuit against Malverne cop
Posted
Todd DeClemente, 35, of West Hempstead, was pulled over on Hempstead Avenue in Malverne at about 1:45 a.m. on May 20, 2001 by Malverne Police Officer John Cantanno. Cantanno had witnessed the driver speeding northbound on Ocean Avenue and "noticed the driver was apparently intoxicated," said Malverne Police Chief Glen Jacobsen.
While Cantanno began field-testing DeClemente for sobriety, Officer Raymond Rice pulled up in a second patrol car.
As Cantanno attempted to give DeClemente a preliminary breath test, the driver fled on foot, Malverne police said. Cantanno ran after the suspect while Rice gave chase with his patrol car.
The officers caught up with DeClemente, but a struggle ensued when the suspect struck Rice in the face, police said. Officer Rice subdued DeClemente and made the arrest. It was discovered later on at Nassau University Medical Center that DeClemente had suffered a fractured skull during the struggle. Rice sustained several cuts and bruises to the left side of his face.
DeClemente was charged with driving while intoxicated and assault in the second degree as well as lesser charges of resisting arrest and speeding.
DeClemente pleaded not guilty to the assault charges, claiming that Officer Rice physically and unjustly attacked him. According to DeClemente and his family, the patrol car pursuing him struck him in the leg when it jumped the curb. Afterwards, DeClemente's brother, Steve, said, "My brother surrendered by standing still with his arms raised and his back to the officers." At that point, Officer Rice struck him in the head and face three times, Steve DeClemente said.
DeClemente's charges against Malverne police included vehicular assault, use of excessive force, depriving medical care and violation of civil rights.
But during a recent hearing, DeClemente admitted to throwing the first punch, which cleared Officer Rice of the brutality charge.
DeClemente later pleaded guilty to both the DWI charge as well as the assault charge, under the condition that it would be reduced to assault in the third degree.
Supreme Court Justice Ira H. Wexner plans to sentence DeClemente to three years probation and an unspecified number of community service hours for the assault charges and revoke his driver's license for up to a year on the DWI charge. The full sentence will be formally presented at a later date.
Malverne Police Chief Jacobsen said he is happy his officers have been vindicated. "The defendant's own admission [has shown] that the Malverne police officers acted properly and in the manner in which they were trained to react toward a violent, intoxicated offender," said Jacobsen.
After DeClemente initially accused Officer Rice of police brutality, prosecutors investigated the matter, interviewing a number of eyewitnesses. According to Jacobsen, several eyewitness accounts directly conflicted with DeClemente's claims.
Jacobsen regrets that DeClemente's false brutality accusations brought negative attention to his police force and caused delays in court proceedings, but is hopeful that "the closing of this case sets the record straight, and reminds the public of our pledge to enforce the law aggressively and impartially, respecting the rights and dignity of every individual we encounter."
While Cantanno began field-testing DeClemente for sobriety, Officer Raymond Rice pulled up in a second patrol car.
As Cantanno attempted to give DeClemente a preliminary breath test, the driver fled on foot, Malverne police said. Cantanno ran after the suspect while Rice gave chase with his patrol car.
The officers caught up with DeClemente, but a struggle ensued when the suspect struck Rice in the face, police said. Officer Rice subdued DeClemente and made the arrest. It was discovered later on at Nassau University Medical Center that DeClemente had suffered a fractured skull during the struggle. Rice sustained several cuts and bruises to the left side of his face.
DeClemente was charged with driving while intoxicated and assault in the second degree as well as lesser charges of resisting arrest and speeding.
DeClemente pleaded not guilty to the assault charges, claiming that Officer Rice physically and unjustly attacked him. According to DeClemente and his family, the patrol car pursuing him struck him in the leg when it jumped the curb. Afterwards, DeClemente's brother, Steve, said, "My brother surrendered by standing still with his arms raised and his back to the officers." At that point, Officer Rice struck him in the head and face three times, Steve DeClemente said.
DeClemente's charges against Malverne police included vehicular assault, use of excessive force, depriving medical care and violation of civil rights.
But during a recent hearing, DeClemente admitted to throwing the first punch, which cleared Officer Rice of the brutality charge.
DeClemente later pleaded guilty to both the DWI charge as well as the assault charge, under the condition that it would be reduced to assault in the third degree.
Supreme Court Justice Ira H. Wexner plans to sentence DeClemente to three years probation and an unspecified number of community service hours for the assault charges and revoke his driver's license for up to a year on the DWI charge. The full sentence will be formally presented at a later date.
Malverne Police Chief Jacobsen said he is happy his officers have been vindicated. "The defendant's own admission [has shown] that the Malverne police officers acted properly and in the manner in which they were trained to react toward a violent, intoxicated offender," said Jacobsen.
After DeClemente initially accused Officer Rice of police brutality, prosecutors investigated the matter, interviewing a number of eyewitnesses. According to Jacobsen, several eyewitness accounts directly conflicted with DeClemente's claims.
Jacobsen regrets that DeClemente's false brutality accusations brought negative attention to his police force and caused delays in court proceedings, but is hopeful that "the closing of this case sets the record straight, and reminds the public of our pledge to enforce the law aggressively and impartially, respecting the rights and dignity of every individual we encounter."
Report an inappropriate comment
Comments