New York Daily News

FALLOUT FROM FLOYD PROTESTS

Review board: Most cops got away with roughing up marchers

- BY ROCCO PARASCANDO­LA With Michael Gartland

Three dozen NYPD officers accused of excessive force and other misconduct during the George Floyd protests were not discipline­d, according to a scathing report released Monday by the watchdog group that substantia­ted charges against them.

The findings are in a 590-page report by the Civilian Complaint Review Board, the latest chapter in the fallout from the mass protests that erupted after Black Minnesota man Floyd was killed by a white cop on May 25, 2020.

The report found 146 cops violated NYPD rules 269 times during the protests, with 34 demonstrat­ors struck with batons, 28 pepper-sprayed and 59 roughed up with physical force.

The real tally of violations is likely much higher, the CCRB suggested — there were 609 allegation­s in which officers could not be identified because they covered their badge numbers or refused to provide their names, or because their supervisor­s lost track of where they were assigned.

The NYPD, which made more than 2,000 arrests during the heated protests, defended itself in a statement, noting that rioters vandalized police cars — setting some on fire — looted high-end stores, most notably in SoHo, and attacked cops.

Two lieutenant­s slugged with bricks were among more than 400 cops hurt, 250 of whom were hospitaliz­ed. Videos captured a number of violent confrontat­ions between cops and protesters and outright acts of vandalism and other crimes by rioters.

“Although the CCRB report focuses on, and attempts, to magnify the actions of those 138 officers, the fact remains that 99.37% did exactly what was expected of them,” the NYPD said in a statement that referred to the accused officers still on the force, “which was to protect peaceful protest as well as every community in this city while serving with courtesy, profession­alism and respect.”

Police union head Patrick Lynch was also critical, blasting the “anti-cop activists at CCRB” but also blaming police and city leaders for “management failures.”

“We are still awaiting ‘accountabi­lity’ for the city leaders who sent us out with no plan and no support,” said Lynch, president of the Police Benevolent Associatio­n, “and for the criminals who injured more than 400 of our brothers and sisters.”

All told, the CCRB received more than 750 complaints that contained more than 2,000 allegation­s of misconduct. Investigat­ors determined 321 complaints were within its jurisdicti­on and fully investigat­ed 226 of them. The others included cases in which, for instance, the complainan­t refused to speak to the review board.

Of the 226 complaints, 88 were substantia­ted and the CCRB recommende­d department­al charges against 89 officers and command discipline­s — typically the loss of vacation days — against 57 others. Thus far, 78 cases have been fully adjudicate­d in the NYPD trial room at Police Headqurter­s, with 42 officers getting discipline­d. Commission­er Keechant Sewell or her predecesso­r Dermot Shea have made the final calls.

“If this misconduct goes unaddresse­d, it will never be reformed,” Arva Rice, the CCRB’s interim board chairwoman, stated in the report’s introducti­on.

In late 2020, Shea told the city Department of Investigat­ion that he felt the NYPD had been well prepared for the demonstrat­ions and that “the officers did a phenomenal job under extremely difficult circumstan­ces.”

But the Department of Investigat­ion later released a 111-page report that concluded the NYPD was unprepared, using disorder-control tactics that heightened tensions on the street and violated the First Amendment rights of protesters.

“The response really was a failure on many levels,” then-Investigat­ion Commission­er Margaret Garnett said. And then-Mayor Bill de Blasio said he agreed with the report’s findings, even as he noted most cops did their jobs.

The CCRB report cited a number of high-profile incidents including cops in two patrol cars driving through a crowd of protesters in Brooklyn, Manhattan protesters pepper-sprayed and the mass arrest of more than 250 protesters who were surrounded by police, led by then-Chief of Department Terence Monahan, in Mott Haven, the Bronx.

The new report contains a number of recommenda­tions, including that cops need to be better trained at dealing with protesters and not take action against protesters who comply with police orders to disperse or against reporters and legal observers.

Mayor Adams said that cops must follow the law and “be held accountabl­e for their actions,” adding he’s glad the NYPD has already taken steps to improve how it deals with protests.

But the Legal Aid Society and the New York Civil Liberties Union said that the NYPD can’t have the final word on how its cops are discipline­d. They said that Sewell’s plan, revealed last month, to amend sentencing guidelines for cops accused of wrongdoing will erode the public’s trust in police.

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