New York Daily News

Fam: ‘Big lie’ in cop bash

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And, as if seeing viral video of their son being pummeled by a police officer was not enough, Noel said cops at Brooklyn’s 84th Precinct stationhou­se lied to them about what happened — blaming Benjamin for attacking the cop.

“A big lie,” his dad said. Benjamin’s parents said they left the precinct at 8:45 p.m. when cops refused to let them see him. At 2 a.m., they got a call from a doctor seeking permission to treat him.

“So between that time, he wasn’t able to get any medical attention,” Noel said.

The family’s lawyer, Sanford Rubenstein, said he is planning to file a notice of claim on behalf of the family on Wednesday. The notice, the first step in filing a lawsuit, names the city, the NYPD and the unnamed police officers.

Rubenstein said he is also arranging a meeting between the family and Brooklyn DA Eric Gonzalez.

Meanwhile, Benjamin’s criminal case is the subject of a 10 a.m. hearing Wednesday in Family Court. Benjamin was charged as a juvenile with assaulting a police officer, officials said.

“This police officer’s actions were out of control,” Rubenstein said. “He was not part of or involved in the melee that was ongoing at the train station. For a police officer to punch a 15-year-old in the face when he was doing nothing wrong is simply unacceptab­le.”

The rumble between two large groups started on Jay St. before everyone ran into the station, officials said.

As cops were called in to quell the fight, one of the youths punched an officer, police said.

Onlookers filmed the scene with cell phone cameras as officers struggled with more teens. At one point in the video, the cop is seen slugging a teenager. After helping to subdue that teen, the officer gets up and slugs Benjamin, the video shows.

Sources said that same cop, who has not been identified, has a history of Civilian Complaint Review Board investigat­ions against him, including allegation­s of excessive force, one of which was substantia­ted.

The cop was “placed in a nonenforce­ment assignment” as the NYPD investigat­es his actions during the melee inside the subway station. He remained on full duty as of Tuesday.

Benjamin’s mother, Victoria Noel, 46, said he had never had any trouble with police.

“It’s unacceptab­le because they are kids,” she said. “My son is striving to be a better human being. So when you do something like this to him, it makes me feel outrageous. It breaks my heart, and it makes me angry at the same time.”

 ??  ?? Video shows Benjamin Marshall (inset) in Brooklyn subway, where he was punched by a cop.
Video shows Benjamin Marshall (inset) in Brooklyn subway, where he was punched by a cop.

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