PuNCHING BACK
NYPD union big calls brutality rap false after accuser held in slay
A BRONX MAN’S claim he was punched by an NYPD lieutenant for no reason cannot be believed because he is now accused of murder, the head of a police union says.
In August, Kevin Pettiway, 28, exclusively told the Daily News he was minding his business on Webster Ave. when Lt. Eric Dym pushed and punched him three times. Dym, who was securing a crime scene, said Pettiway refused orders to leave.
But any questions about Dym’s integrity should be tossed now that Pettiway has been arrested for murder, Louis Turco, president of the Lieutenants’ Benevolent Association, said.
“Who are you going to believe? A violent career criminal or an NYPD lieutenant?” Turco said.
Pettiway’s run-in with Dym and the murder he allegedly committed happened on the same block.
“Now that same career criminal has been indicted for committing a homicide, precisely where he claims to have been the victim of the unprovoked assault,” Turco said.
Pettiway is facing 25 years to life in prison for the murder of Jaquan Smalls on Oct. 13.
Smalls, 24, was shot in the head and chest during an argument, authorities say.
Pettiway was arrested for the killing on Nov. 9. His prior arrests include menacing of a security guard at a gym in 2013, several domestic violence arrests and a robbery, also in 2013.
“How ironic that a violent criminal with 25 prior arrests has alleged that he was assaulted by an NYPD lieutenant for no reason,” Turco said.
The Rev. Kevin McCall, crisis director for Al Sharpton’s National Action Network, said Turco was “taking a jab” at Pettiway though he is innocent until proven guilty. “The definition of police brutality was defined on video. What I do believe is something stinks about this and we are going to find out,” said McCall.
The cell phone video shows Dym trying to push Pettiway before the lieutenant delivered three haymakers.
Pettiway’s attorney, Michael Marinaccio, said he determined the homicide and his client’s allegations of police brutality were not connected.
“The only thing related is the incidents are in the same general area,” Marinaccio said .
Pettiway was charged with obstructing governmental administration, inciting a riot and resisting arrest — all misdemeanors — following the encounter with Dym.
As Dym tried to guide Pettiway away from the scene, Pettiway grabbed onto a metal fence and refused to leave, the complaint read. He slapped Dym’s hand to prevent getting handcuffed. That case is still pending.
Dym was named in five federal civil rights lawsuits between 2011 and 2015 for claims of excessive force and false arrest, according to court documents.