Manhattan prosecutors have charged an NYPD officer with assault, saying he was unjustified in 2021 when he punched a man six times who was intoxicated and “in the throes of a serious psychiatric crisis” according to court papers.
Officer Juan Perez, 42, of Brooklyn, is next scheduled to appear in court Aug. 2, according to a spokesperson for the Manhattan District Attorney's Office.
Perez's lawyer did not return a call for comment. A spokesperson for the NYPD said Perez has been suspended without pay.
According to court papers, Perez and his partner were on their way to a call on Nov. 10, 2021 when they came upon a “standoff” between two men and a third man on MacDougal Street in the West Village. The third man, Borim Husenaj, was holding a liquor bottle over his head and told the officers that the other men were harassing him, according to court papers. Perez removed the liquor bottle from Husenaj’s hand, according to court papers.
Body camera footage from the incident shows that Husenaj was speaking in a “rambling and disjointed,” way, according to court papers.
“During this rambling speech, the defendant (Perez) radioed for an ambulance, stating in substance that this was not an EDP (emotionally disturbed person) job, but rather someone who was intoxicated. Later testing would show that Mr. Husenaj was indeed intoxicated, but all objective evidence makes clear that he was also in the throes of a serious psychiatric crisis.”
Perez handcuffed Husenaj, but did not explain why he was doing it, according to court papers.
The two briefly struggled, and Perez fell on top of Husenaj, court papers say. Perez’s partner, who had been in their cruiser, then rushed back and grabbed Husenaj’s arm, according to court papers.
It was then that Perez punched Husenaj in the face six times, court papers say. The punches knocked Husenaj unconscious, broke his nose, and left his face bruised and swollen, according to court papers. He remained unconscious for at least one minute.
“Police officers are often put in challenging situations, but they must use their training appropriately and treat the residents of New York City with respect,” said Manhattan District Attorney Alvin Bragg.
The indictment comes at a time of heightened concern about the way police treat people with mental illness, following a directive by the mayor last year allowing emergency responders to transport presumed mentally ill people to hospitals involuntarily.
This story has been updated to include information from the NYPD.