Veteran claims injury by police during arrest
NORWALK — An Army veteran claims he was injured while being arrested last year when he confronted two city police officers for acting “unprofessionally.”
Alfred Esposito claims he was injured when Norwalk police officer Edgar Gonzalez used a “chokehold” to take him to the ground. However, a Norwalk Police Department Internal Affairs investigation revealed a chokehold was not used during the arrest, which was captured on police body cameras.
Gonzalez, who was charged last week with firstdegree reckless endangerment after Stamford police said two highpowered firearms were stolen out of his car, was not disciplined for taking Esposito to the ground outside the South Norwalk bars a year ago.
Esposito said the incident began when he was leaving a Washington Street bar around 2 a.m. on Nov. 17, 2018, and he saw Norwalk police officers Raul Aldarondo and Jose Silva speaking to two women while on duty in a “flirting” manner, which upset the 32yearold former military police officer.
“The nature of the conversation was unknown; however, based on the body actions of all parties involved, it would appear that they were flirting in nature,” Esposito said. “As a former law enforcement officer who recently resigned due to serviceconnected physical disability, I was disappointed to see other law enforcement officers behaving inappropriately, especially during a time where there is a disconnect between the police and the community.”
Esposito said he began taking pictures to document the behavior, which caught the attention of the officers and led to an altercation.
Body cam footage from one officer picks up moments after Esposito allegedly confronted Aldarondo and Silva. The video shows Esposito yelling and cursing at Gonzalez, who was not involved in the initial dispute.
“This tension started because I was taking pictures of guys flirting on mother ******* duty,” Esposito yelled at Gonzalez.
Gonzalez, speaking calmly in the video, warns Esposito he would be arrested if he curses again. The video then shows Gonzalez walking away, but Esposito continues shouting and cursing at least two more times. Officers then converge on Esposito and place him under arrest.
The footage shows Gonzalez approaching Esposito from the front and placing his arm around his neck to take him to the ground as Aldarondo put the Stamford man in handcuffs.
“I’m not resisting,” Esposito can be heard shouting during the arrest.
It was this “chokehold,”
“Generally, an officer’s peace can not be breached, however in this case, (Esposito’s) loud behavior in public on Washington Street after being warned was the cause for his arrest, not simply for continuing to yell obscenities at officers.”
Thomas Kulhawik, Norwalk police chief
Esposito claims, that exacerbated a debilitating back injury, which forced him to retire from the military in 2013, and led to additional injuries of his neck and knee. He also claims officers failed to provide him with medical attention when he complained of injuries during the arrest.
“It is for acts like this that diminish the integrity of the badge and why we have some much hatred for the police,” Esposito said.
This year, Esposito filed a civilian complaint with the Norwalk Police Department, claiming the arrest violated his civil rights and officers used excessive force while detaining him.
According to Norwalk Police Department policy, use of chokeholds is not permitted “unless deadly force is warranted.” Department policy defines a chokehold as a “method of holding someone by putting your arm around the person’s neck with enough pressure to reduce or prevent either air or blood from passing through the neck.”
An Internal Affairs investigation determined a chokehold was not used during the incident. The investigation found the officers involved did not have their body cameras in “buffer mode,” and therefore did not capture the early stages of the dispute with Esposito.
Norwalk Police Chief Thomas Kulhawik said “appropriate action” would be taken for the policy violation, but did not specify what discipline the officers faced.
The Internal Affairs investigation also concluded that there was probable cause for Esposito’s arrest.
“Generally, an officer’s peace can not be breached, however in this case, his loud behavior in public on Washington Street after being warned was the cause for his arrest, not simply for continuing to yell obscenities at officers,” Kulhawik said.
Esposito was charged with seconddegree breach of peace and interfering with an officer for the incident. He has elected for a jury trial, he said, not only to prove his innocence, but to show what he perceives as an injustice.
Esposito said he plans to also file a lawsuit against the department.
“I have taken the opportunity to present my case one final time before I file my federal civil violations lawsuit against the Norwalk Police Department,” Esposito said.
Esposito faces up to one year in jail and up to a a $2,000 fine for the interfering with an officer charge, a classA misdemeanor. He also faces up to six months in jail and a $1,000 fine for the breach of peace charge, a classB misdemeanor.
“We won’t debate his case in the media,” Kulhawik said. “The court will handle the arrest and he can present his defense there.”