Tourist Who Claims NYPD Used Excessive Force Builds Case
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Charges were dropped Thursday against a Boston tourist who has accused the New York City Police Department of using excessive force during his arrest last year inside a Midtown hotel. NY1's Jeanine Ramirez filed the following report.Anthony Daly claims a city police officer broke his leg in three places by kicking him twice while arresting him on charges of disorderly conduct, harassment, resisting arrest and domestic violence.
He said the charges couldn't stick after a videotape showing the arrest was made available.
On Thursday, the Manhattan District Attorney's office and the Manhattan criminal court judge agreed.
It all started at the Hotel Chandler bar on December 27, 2009 where Daly and his wife were staying.
Surveillance video shows Daly approaching a group of Englishmen sitting at the bar. Police said he was drunk and assaulted them, the bartender and the hotel's doorman.
Daly was already in his hotel room when police arrived.
After a brief shoving match at the door, police arrested Daly.
Police say they also witnessed Daly push his wife in the process.
On camera, Daly appears to be walking fine in the hallway until Police Officer Joseph Bonner kicks Daly not once, but twice. Daly never gets back up again.
EMTs had to take him out on a stretcher to the emergency room at St. Vincent's Hospital where he underwent surgery.
Police say Bonner was just trying to sweep Daly's feet out from under him and that Daly might have already broken his leg as he was trying to keep officers out of his hotel room.
While both sides tell conflicting stories, the DA's office said there wasn't enough to make the charges against Daly stick.
"We're delighted they took the time to do the research they needed to do to find out that the charges were not what they should have been and the district attorney dismissed them and we're going to move on from here," said the alleged victim's wife, Ellen Daly.
"Daly should have never have been injured in the way he was injured. If not for the video tape, which we really have to thank the hotel for making available, the truth in this case might have never come out," said Daly's attorney, Edgar DeLeon.
Daly has filed a complaint of excessive force with the Civilian Complaint review Board. He's also considering a lawsuit against the city.