Cops Cleared in Teen Bicyclist Bodega Arrest

On Monday night, WABC broadcast surveillance video of a 19-year-old Bronx man getting arrested in a bodega. The NYPD Internal Affairs Bureau was investigating the arrest, which left Jorge Cartagena Jr. with bruises, cuts, loosened teeth and headaches. The teen claims that the arresting officers used excessive force while arresting him for nothing more than talking back to a cop who had warned him not to ride his bike on the sidewalk. But the NYPD has concluded that the officers followed proper protocol.

Police Commissioner Ray Kelly told reporters yesterday that after an investigation, neither cop will be charged with any wrongdoing. Kelly asserted that after receiving a warning about the sidewalk pedaling, Cartagena Jr. threatened to do it again, then resisted their efforts to give him a summons. "Words were exchanged," Kelly said. "He resisted."

In the video (below), Cartagena Jr. can be seen saying something to one officer as the cop leaves the bodega. Whatever he said prompted the officer to whirl around and shove the teen against a wall. Then, with the help of his partner, the officer is seen throwing Cartagena Jr. to the floor and arresting him. We're unaware that talking back to a police officer is a crime, and judging by the video, it doesn't appear that Cartagena Jr. was resisting—he's brought down so fast it doesn't look like he even had time to resist. On the other hand, we really don't know what Cartagena Jr. said; for all we know it was, "I'm going to firebomb a Dunkin Donuts."

Cartagena Jr. says the cops slammed his head against the floor repeatedly and that one officer kicked him in the ribs. He spent the night in jail, and was issued a summons for biking on the sidewalk when he was finally released over 24 hours later. Cartagena Jr.'s father has hired a lawyer and intends to sue the city; his mother tells the Post, "They gave him a beating all because of a bicycle."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By John Del Signore in News on February 23, 2011 11:17 AM

Comments [rss]

Byram Hunt

What a little Bitch! You got what you deserve. Next time keep your mouth shut.

TheRealCannibal

boo-hoo crying...

SIchick12

maybe next time he will get off the fucking side walk like he was told to do!! and have some fucking respect Little douche bag

ArturoFuente

Seems like there were some people in the store? No witnesses to back up this kids story? Or is it because they know the kid was wrong and think he got what he deserved?

Archie1954

If these police officers are following so called protocol then it has to change pronto! They were caught red handed physically battering a young kid and if they get off with it criminally then I hope the kids family sues them for all its worth. The police force obviously is completely unprofessional and needs a new chief to smarten it up.

ktinnyc

I liked Aleksey better when he was a right wing troll intead of a left wing one. It was truer to his nature.

steve

"troll" doesn't begin to describe him.

Samba Lamba

Who else stops reading comments half way and scrolls all the way down? I keep reading the same thing over an over, if you got SAME thing to say, reply to someone who did. This goes out to everyone.

Bernie_Geotz_Squirrel_Luv

That's probably because there appears to be a bunch of new commenters on board who don't know how to use the Reply button.

splinterfoot

they could have shot him in the face a thousand times. and walked. that's the nypd.

ktinnyc

Am I crazy or are 19 year olds no longer consider children. I see over and over posters calling Jorge Cartagena a "kid". JDS correctly identified Mr. Cartagena as a "Bronx man". Just because he's sitting next to his dad and tries to choke out some crocodille tears does not make him a "child" or a "kid".

This is in no way denfending the cops. I have no idea what happened here.

stoodioratt

I mean Im not condoning how the cops acted, but they spend all day/everyday dealing with the lowest forms. It fucks with you. How many days would you go before you stepped out of character and did something too knee jerk for your own conscious? If you dont think that would happen maybe YOU should be a cop. I watched my best friend from HS go from a stoner to straight up jaded angry man after being a cop for years. He is essentially the same dude, but super angry now. Thats why you shouldn't fuck with cops, cause they are world weary and have little patience.

unretrofiedforu

You're effing kidding me with this drivel right?

Bernie_Geotz_Squirrel_Luv

sounds like your due should see the NYPD psychologist.

Bernie_Geotz_Squirrel_Luv

What?

mistermarkdavis

Have you ever tried to ride a bike in the bronx? it's no easy. if the streets were safer maybe he would be interested in using them.

69GeorgeWBush69

hope this kid sues

reader1979

His parents should also ask themselves why they're raising a child in the Bronx who talks back to uniformed police officers. They can't hold his hand through everything in life, discipline is taught at home.

Andrew

Where are the witnesses, now?

jibbly

Wait the NYPD says the NYPD acted properly??? NO WAY!

random transplant

And it only took them 24 hours?

Too bad trials aren't that speedy.

i > u

I was gonna say. It's like having Wall Street audit itself. What a crock.

Guest

Hey kids: don't mouth off to cops

random transplant

Hey kids: The local beat cops are even more dangerous than strangers.

i > u

Thanks...I guess now we have the etymology of "the beat." :(

Guest

I wouldn't mouth off to strangers, either!

FU Boy

While I'd agree - 'mouthing off' is rude and a touch disrespectful, but it's not grounds for an a$$-whupping.

Guest

Totally- I agree! Didn't say it was grounds for it.. but someone also needs to say: hey, how about you don't mouth off while you are at it?

Marc Hug

i didn't mean to like that. how do you take away likes? i was going to reply: so just like that 'don't mouth off' and the police go about their business bullying people half their age and size?

Guest

Um, ya! Not mouthing off to a cop is a pretty good idea if you want to avoid any confrontation from them.. crazy, right?

Fat Sean

Not mouthing off to Muslim Extremists is a pretty good idea if you don't want to get suicide bombed. Your logic, she is terrible.

Communist

Cops have no special rights, learn your rights in this country. It's something called Free Speech.

If some kid mouths off at me when I'm doing my job I will not beat him up with my co-worker. You know why? Because I'm not a fucking loser.

m015094

Apparently you don't know what free speech means. Threats aren't covered by free speech.

Guest

I'm not condoning the cops actions!! Not mouthing off to people is a good personal role to abide to.. I wouldn't mouth off to a stranger on the street for fear of retaliation.. I certainly wouldn't mouth off to a cop. Not saying what the cops did was right.. but who thinks it's a good idea to mouth of to a cop? anyone?

Communist

How do you know what he said? How do you know what cop said to the kid
outside? Do you really think kid would be mouthing off if the cop told him
'please stop riding the bike on the sidewalk buddy'?

Get real.

Guest

Get Real? HA!

Sinchy

From the video that we see, where is the cop trying to give him a summons? If he was seen riding on the sidewalk why are they in the bodega. Why didn't he get the summons outside where presumably the infraction occurred?
Maybe for Kelly summons means beat down. Sadly, trying to get away from a beat down is considered resisting.
It seems like as the kid walks to the counter he maybe says something, then it looks like the cop grabs at his arm and then the kids jerks his arm away, which to me is an almost involuntary response to someone grabbing you, but we all know that means to a cop.
So what if he said he would ride on the sidewalk again? The cops could give him another ticket.
I think the motto Courtesy, Professionalism, Respect is how the police require the citizens to act, not the other way around.
So to the kid, work on your play crying and I hope you get a nice settlement.

i > u

Play crying? Maybe you don't understand the concept of trauma having a psychological component? For a typical, non-violent person, being viciously assaulted with that kind of momentum leaves a lasting impression. I really doubt he's faking it.

Sinchy

I'm not saying he wasn't hurt or disturbed by it but that the crying for the news cameras seems a bit overwrought and phony.
It's just my opinion and it shouldn't have any bearing on wether or not the police committed an offense, but if he is going to sue, and he cries like that for the jury, they might think he is acting a bit.
Just my impression.

i > u

My point was that the emotional response paired with the recall is not voluntary. Having it "under control" is outside the tolerance threshold for normal people.

Bernie_Geotz_Squirrel_Luv

All good questions. The summons was written after the beatdown.
Hard to get name and address info when you're getting beaten up. Not to mention, hard to write in that summons book when you're pummeling someone.

random transplant

I hope Mr Cartagena is alright.

Hitting children sucks.

ktinnyc

I'm not going to defend the cops but NINETEEN year olds are childern now?! You know that there thousands of the children fighting in Afganisthan and Iraq at this very moment?

random transplant

Yes. Yes we have children doing our dirty work for us overseas.

God bless 'em.

Communist

Yeah but too bad they can't drink beer. Shut up. 19 year old is a child compared to those men.

ktinnyc

I'm not sure what drinking a beer has anything to do with being a man. Nineteen year olds compete physically with people older than themselves all the time. Could you please stop making a fool of yourself?

random transplant

19 year olds compete physically with other young competitors in one on one matches where weight is taken into consideration.

They wear protection, don't team up on each other, and consent to the fight.

ktinnyc

"19 year olds compete physically with other young competitors in one on one matches where weight is taken into consideration."

So only one tackler is allowed to hit the Sophomore running back in college football? No wonder I don't watch that crap!

dollarmenu

When someone starts throwing you around the room, you are going to resist it to prevent yourself from being hurt. No one, criminal or not, would simply go "rag doll" and let themselves be slammed into the floor without trying to stop it from happening.

Andrew

Except the Civil Rights activists in the '60s, who didn't end up getting as hurt as those who resisted and were beaten (harder).

Marc Hug

exactly!

steve

"he's brought down so fast it doesn't look like he even had time to resist"... what video were you watching? your knee-jerk hatred of police officers can't even let you see the events properly?... how about a time code cross reference? no? ok. i do applaud the crocodile tears by the kid though, maybe a 4 out of 10?

hotstepper

knee-jerk indeed, officer. i saw a 90lb weakling being tossed to the floor by two armed thugs with badges. which video were you watching?

steve

Can you be so kind as to point us all to the time code where you saw this “anorexic weakling" being tossed to the floor? Was it at :05 when the cop grabbed him? At :09 when the second cop got involved? :11 when they tried to bring him down but couldn't? Or :17 when he is still not on the ground after 12 seconds? I am trying to figure out the "fast" takedown as well noted by the "unbiased" author.

And don't note 1:54... already on the ground so no "toss".

Typical loaded gothamist language and phrasing.

Andrew

If you want to see a good takedown, you should take some martial arts...

Bernie_Geotz_Squirrel_Luv

Ohhhhh. you wanted a timestamp, why didn't you say so?

m015094

This kid got what he deserved. Don't mouth off to cops moron.

PhotoR

Mouthing off to cops is still not illegal in NY.

ocschwar

Go live in Egypt if you think that way. Oh, right, you can't anymore.

Communist

What's so different between mouthing off to a cop and mouthing off to a random dude? Assault is assault. Cops do not have special rights to grab and arrest you for some bullshit because you said something to them.

Fuck off.

m015094

I believe I mentioned this yesterday. It's called "disturbing the peace" and if you resist after that it's "resisting arrest" and "assaulting a police officer."

Aleksey, if you're going to live in this country you might want to learn the law.

PhotoR

He was never charged with "disturbing the peace" or "resisting arrest" or "assaulting a police officer." He was charged with riding his bike on the sidewalk. He was held overnight (legally) because the patriot act says you can be held without charges being filed for almost ANY reason.

Communist

And I believe I told you to shut your god damn mouth since you have no clue
what you are talking about. Disturbing the peace does not apply to this case
nor does it warrant assault.

m015094

Amd S240.20, Pen L

"Provides that a person may be guilty of the crime disorderly conduct when he makes unreasonable noise which is disturbing to one or more persons."

Which includes "Generally shouting or using profanity in public to instigate violence."

hotstepper

what did he say?

i > u

You shouldn't mouth off to cops, true, but that doesn't mean he deserved it. The reason you shouldn't mouth off to cops isn't because it's morally wrong, but rather because most of them have short fuses, are looking to mess someone up, and can get away with it.

Bernie_Geotz_Squirrel_Luv

No kidding. Even in friendly social interactions see how fast they turn. It's best to avoid them but then they usually avoid us "regular citizens" anyway because we don't understand. blahblahblah.

m015094

I've found that if you treat someone with respect (even cops) they'll treat you the same. This kid probably was a pain in the ass to his teachers in High School as well.

Marc Hug

and that deserves two grown ass men that we pay to bully a teen kid?

Spirit of 76

Paid very well, too. Bet each of them makes over $100k a year.

But hey, maybe this should be inspirational to Jorge. He wanted to be a cop. Now he sees that he'd be allowed to smack people around with impunity and collect a hefty salary while doing so. Who wouldn't want to do that? (Other than anyone with a conscience, of course.)

Juwanna Man

Probably make 30K with 70k coming from OT.

But anyway, kid was a punk and thought he was tough shit and didn't think the 5.0 would touch him. He learned his lesson.

unretrofiedforu

Let me guess - you're a cop or you know one.

Spirit of 76

Nope. jaycjay wrote this past weekend that NYPD cops get over $44k just for graduating from the academy. Within seven years, they get enough automatic raises to break $100k without overtime.

Spirit of 76

So it's acceptable to beat somebody up because they're disrespectful or a pain in the ass? You know, from anybody other than cops, that's called assault and battery.

Bernie_Geotz_Squirrel_Luv

Of course, they were cleared. But did the NYPD pay for any damages to the bodega? That's still private property.

FU Boy

But let's make sure the cops can get their full amount (with bonus!) when it comes time to get their pension.

Wouldn't want to let these fine public servants starve to death after they've quit - I mean 'retire'.