Monserrate's Ex-Chief Arrested After Pulling Rank with Cop

As disgraced State Senator Hiram Monserrate bragged about his uppercut during a press conference yesterday, his former chief of staff was being arraigned by the Queens DA after an ugly road rage incident near the near the Queensboro Bridge, during which he allegedly asked a female cop, "Why don’t you do your job, you fat bitch?" The insult led to further problems because Wayne Mahlke, 48, didn't have a valid driver's license, something he tried to explain away by pulling rank—which he also doesn't possess, having been unemployed since his boss's flameout.

Police Officer Denise McDonald was on her assigned foot post at the northwest corner of Queens Plaza North and 29th Street on Sunday morning when Mahlke allegedly shouted the insult at her from the passenger window of his Honda Civic. According to the DA [pdf]:

When Officer McDonald approached Mahlke’s vehicle, which was stopped at a red light, and asked him for his license and registration, Mahlke attempted to drive his vehicle around the officer, who then moved in front of the vehicle, stopping it. Mahlke then allegedly pulled out a New York State Senate official business plaque and a laminated photocopy of a police placard and stated to the officer, 'you don’t know who I am. I’m higher ranking than you. I work for Mayor Bloomberg.' When the officer again requested Mahlke’s driver’s license, he allegedly was unable to produce a valid one.

Mahlke was arraigned last night on charges of second-degree criminal possession of a forged instrument, second-degree obstructing governmental administration, disorderly conduct "and several violations of the vehicle and traffic law—including obedience to police officers and flagpersons." Officer McDonald has not commented on the incident, but the Daily News got her mom's reaction. "She's a beautiful person," Levonia Morris, 66, tells the News. "I don't think she deserved to be treated like that. I'm proud of her being a city cop. I don't think she should be harassed. She's a very nice person. That's not right. That's so hurtful."

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By John Del Signore in News on May 5, 2010 12:52 PM

Comments [rss]

Angelheaded Hipster

politicians may seem like the lowest form of life, but its these guys --their lackeys and interns and "chiefs of staff" (politicians in training) who are even worse

sounds like he was drunk, too

kcin122

insulting a cop could be probable cause.

HughGass

As much as a dick this guy is, insulting a cop is not a crime. While he didn't have a license and had phony placards, the cop had no probable cause or any reason to search his stuff. This will all get thrown out.

Thespis

Insulting a cop is not a crime -- but yelling insults from a car is almost certainly enough to justify a traffic stop on the reasonable suspicion that the driver is drunk, has committed a crime, or is about to commit a crime. Once this officer had executed such a stop, the guy started committing crimes in plain view of the officer -- attempting to evade the traffic stop, driving without a valid license, waving around a forged instrument, etc.

I don't see anything about a further search of his vehicle. There would probably be probable cause for such a search, but we don't even have to ask that question -- the dude's being charged with things he did right in front of the officer. I don't see any Fourth Amendment defects in this one.