Quantcast

NYPD Alleges Protester Attempted To Elbow Officer Before Getting Punched

101511rivera.jpg
Felix Rivera-Pitre (Christopher Robbins / Gothamist)
Felix Rivera-Pitre, the protester who was filmed being punched in the face by a white-shirted NYPD officer, has reportedly retained civil rights attorney Ron Kuby in the face of accusations that he tried to assault the officer. NYPD spokesman Paul Browne claimed that Rivera-Pitre instigated the confrontation by attempting to elbow Deputy Inspector Johnny Cardona in the face, and authorities want to charge Rivera-Pitre with attempted assault on a police officer, obstructing governmental justice, resisting arrest and disorderly conduct.

NYPD spokesman Paul Browne said in a statement that when Cardona attempted to arrest Rivera-Pitre, "others in the crowd jumped in on the officer," and when Cardona got to his feet, "he was sprayed in the face with an unknown liquid coming from the suspects direction." The video below shows the incident, and Cardona wiping something from his eyes.


We witnessed Cardona minutes after the incident, rubbing his shoulder and conversing with the officer who stood next to him as he punched Rivera-Pitre, and it did not appear that his eyes or face were injured. "On the off chance they were intending to arrest him for injuring the captain's fist with his jaw, I strongly suggest that you decide not to add insult to injury and avoid such a retaliatory move," Kuby wrote in a letter to the NYPD and Manhattan DA's office.

Rivera-Pitre, who has been living with HIV for 21 years, told us yesterday that he was protesting because his health care benefits were shrinking, something he felt was unfair given the recent bank bailout and the widening gap between the rich and the poor. "It's getting very difficult to take care of myself. After rent, I have to live off $300 a month," he said. "It's tough for people in my health and in my circumstances to get by."

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

Comments [rss]

  • chee1rs

    if anyone deserves a punch in the face , it's this lowlife

  • Guest

    “Citizens may resist unlawful arrest to the
    point of taking an arresting officer's life if necessary.” Plummer v.
    State, 136 Ind. 306. This premise was upheld by the Supreme
    Court of the United States in the case:John Bad Elk v. U.S., 177 U.S.
    529. The Court stated: “Where the officer is killed in the course of the
    disorder which naturally accompanies an attempted arrest that is resisted, the
    law looks with very different eyes upon the transaction, when the officer had
    the right to make the arrest, from what it does if the officer had no right.
    What may be murder in the first case might be nothing more than manslaughter in
    the other, or the facts might show that no offense had been committed.”

    “These principles apply as well to an officer attempting to make
    an arrest, who abuses his authority and transcends the bounds thereof by the
    use of unnecessary force and violence, as they do to a private individual who
    unlawfully uses such force and violence.” Jones v.
    State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75;
    Skidmore v. State, 43 Tex. 93, 903.

    “An illegal arrest is an assault and battery. The person so
    attempted to be restrained of his liberty has the same right to use force in
    defending himself as he would in repelling any other assault and battery.” (State
    v. Robinson, 145 ME. 77, 72 ATL. 260).

    “One may come to the aid of
    another being unlawfully arrested, just as he may where one is being assaulted,
    molested, raped or kidnapped. Thus it is not an offense to liberate one from
    the unlawful custody of an officer, even though he may have submitted to such
    custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

  • The officer is re-fitting his hat, not wiping something from his eyes.

  • mistermarkdavis

    Maybe the moister on his face was tears.

  • Guest

    Some one really needs to give all these cops a beatdown. Put me on the jury and I'd never find them guilty. A few cops really need to get their heads bashed in...literally.

  • barkbark123

    it kinda looks like he just bitchslapped the cop then got punched. watch the youtube slow motion version....or the gif. http://i56.tinypic.com/288bl92... 

  • arparp

    That looks more like he's just moving the cops hands out of the way. If you look at the other video, he's shown strutting away from cops as they chase after him. So if there was an elbow incident, it was before any of the video of him getting punched.

  • Fucking NYPD. The government bulldogs! They are scared for their damn lives too, and the minute the crowd turns violent without those uniforms they are absolutely Nothing!. Police officers are human beings too that are given the power by the people and the state to protect the people! Bloody idiots dolts that they are.. these people are protesting for you and your children and grandchildren!!! fucking assholes where that uniform and keep fooling yourselves to think you are doing a great job. The Failure Of Nationalism all over again!!!!

  • nomadnewyork

    Everything will become clear once all of the photographic evidence is in. I'm going to wait for it.

  • Difficult to understand how the NYPD now claims that Mr Rivera-Pitre attacked the officer on Friday, but have still not arrested him.  (According to the NY Daily News, he has not yet been charged with any crime). 

    They're usually not so slow moving when it comes to things like this. 

    I suspect they have no evidence that Mr Rivera-Pitre did anything to provoke the assault.  And they are afraid if they make an arrest, somebody's going to produce an unedited  video that clearly and unequivocally shows they're lying.  Just like what happened in hundreds of bogus arrests they made during the 2004 RNC.  

    Another thing that sounds like BS is the "unknown liquid" the officer was allegedly sprayed with. Evidence that, being liquid, conveniently evaporated.

  • schmeep

    I believe that Rivera-Pitre is referring to SSI/D benefits.  Although I am truly supportive of the OWS, I don't know how HIV+ status can be considered a true disability any more. 

  • Investigate-NWO-globalists

    Some of these cops seem psychopathic in deliberately trying to hurt people, rather than doing their jobs to protect & serve! 

    The cop in this video surely needs to be arrested & charged with assault & battery! 

  •  I suspect that the NYPD, like their counterparts in London and Toronto, don't know anything about dealing with demonstrations except to herd people into enclosures and  arrest them for being there.  

    I bet NYPD leadership has by now developed an absolute hatred for citizen journalists with camera phones and the entire internet.

  • JarekAF

    But the same most go for our protesters.  As I've been watching the videos of protesters getting kettled and beat up, I'm thinking: "man, what a bunch of amateurs."

    Like, aren't there ways that the people can fight back, but, without really "fighting back"?

    Like, sharp finger nails as you block your face or can't they drop tacks to give the police cars flats? Or protest wearing just their bathing suits and then cover themselves in crisco, so when the cops try arresting them, they'll be too slippery?
     Stupid shit like that? 

    where do you think the "best" protesters are?  I always thought the Euros did this shit all the time?  Though, I think Korea is big on riots too?  

  • I don't think "protesting" necessarily means being violent.  Possibly the majority of the protesters just want to protest. 

    I don't know who are the best protesters, but I think some of the most successful ones advocated and implicated non violence.

    You can accomplish a lot by making the police look like the bad guys.  And apparently, that's not difficult to do in NYC. 

  • Theose

    Felix clearly took a dive. That cop punches like a girl.

  • thenab

    Why do protesters keep assaulting police officer fists with their face? Sigh. I hope his hand is ok.

blog comments powered by Disqus

send a tip

tips@gothamist.com