Post by overthecap on Feb 20, 2014 15:40:47 GMT -5
I'm not surprised that Newsday named the cops this quickly.
Bobby Hayes' charges dropped by Nassau prosecutors
Originally published: February 20, 2014 11:46 AM
Updated: February 20, 2014 1:41 PM
By DARRAN SIMON AND JOHN VALENTI john.valenti@newsday.com,darran.simon@newsday.com
Attorney William Petrillo says a video taken by someone at a Uniondale barbershop of the arrest of Bobby Hayes on Jan. 29 will clear his client, who claims he was wrongfully arrested and incarcerated. (Video provided by: William Petrillo)
Saying it could not meet the burden required to prove his guilt, the Nassau County District Attorney's office Thursday dropped all charges against a Garden City man who was previously jailed for nine days on charges of resisting arrest and disorderly conduct.
Bobby Hayes, 34, a plumber and father of two daughters, had been arrested on Jan. 29 after an incident near a barbershop in Uniondale.
His attorney, William Petrillo, of Rockville Centre, said the charges that Hayes resisted Nassau County police officers and used racial slurs were "completely fabricated." A video of the arrest contradicted police allegations, he said.
Appearing before Judge David Goodsell in First District Court in Hempstead, assistant district attorney Steve Schwartz said: "We believe at this point we cannot sustain our trial burden of proof beyond a reasonable doubt."
Petrillo said he believed there was never any truth to the charges, saying: "Mr. Hayes is, in fact, actually innocent of the charges against him. The charges against him are false. They are fabricated. They are made up. None of it is real. It's all fantasy."
Outside court Hayes, wearing a dark suit and accompanied by his wife, said: "I was innocent from the start. It just feels good to have everything finished."
Petrillo said he and his client were contemplating actions, including a possible lawsuit.
The case sparked a police internal affairs probe.
Petrillo previously had said the video was made during Hayes' Jan. 29 arrest by someone from the barbershop, where his client is a regular patron. It appears to show Hayes, who has a prison record, allowing himself to be handcuffed without appearing to display the violent behavior police described in sworn court documents.
Petrillo said his client wouldn't give the police his full name at first and he believes that's what caused the police to escalate the incident.
Court documents alleged police were doing a drug investigation when they stopped Hayes, asking him for identification and "to explain his conduct." They went on to say Hayes began swearing and repeatedly refused to provide identification as a crowd of elderly people and small children gathered. The resisting arrest complaint alleged Hayes refused to stop his violent behavior, and used racial slurs and profanity, before swinging his arms and upper body, and pulling away from officers.
"The officers told the defendant numerous times to stop resisting arrest, but the defendant refused," police wrote.
Court records showed police also charged Hayes with a violation of unlawful possession of marijuana. A complaint says police found a bag of what appeared to be marijuana in Hayes' pocket during a search.
"At no time does he use the language that was attributed to him. At no time is race ever injected into this. And at no time does he do anything that could even remotely be interpreted as resisting. There's no ambiguity to the tape. The tape speaks the truth," Petrillo said last week.
Shams Tarek, a spokesman for District Attorney Kathleen Rice, confirmed Petrillo shared the video with prosecutors before both parties went to see a district court judge. The judge then dropped Hayes' $20,000 bail and released him on his own recognizance. "We requested that the defendant be released while we investigate the discrepancies between the video and the charging papers filed by police," Tarek said last week.
The complaints lists Peter J. Ellison and Carl Arena as the arresting officers.
Last week, Nassau police spokesman Insp. Kenneth Lack said he couldn't comment because of an active internal investigation. Police Benevolent Association president James Carver previously called Ellison and Arena great cops.
"They're responsible for arresting many individuals who wreak havoc on the community," he said last week.
Bobby Hayes' charges dropped by Nassau prosecutors
Originally published: February 20, 2014 11:46 AM
Updated: February 20, 2014 1:41 PM
By DARRAN SIMON AND JOHN VALENTI john.valenti@newsday.com,darran.simon@newsday.com
Attorney William Petrillo says a video taken by someone at a Uniondale barbershop of the arrest of Bobby Hayes on Jan. 29 will clear his client, who claims he was wrongfully arrested and incarcerated. (Video provided by: William Petrillo)
Saying it could not meet the burden required to prove his guilt, the Nassau County District Attorney's office Thursday dropped all charges against a Garden City man who was previously jailed for nine days on charges of resisting arrest and disorderly conduct.
Bobby Hayes, 34, a plumber and father of two daughters, had been arrested on Jan. 29 after an incident near a barbershop in Uniondale.
His attorney, William Petrillo, of Rockville Centre, said the charges that Hayes resisted Nassau County police officers and used racial slurs were "completely fabricated." A video of the arrest contradicted police allegations, he said.
Appearing before Judge David Goodsell in First District Court in Hempstead, assistant district attorney Steve Schwartz said: "We believe at this point we cannot sustain our trial burden of proof beyond a reasonable doubt."
Petrillo said he believed there was never any truth to the charges, saying: "Mr. Hayes is, in fact, actually innocent of the charges against him. The charges against him are false. They are fabricated. They are made up. None of it is real. It's all fantasy."
Outside court Hayes, wearing a dark suit and accompanied by his wife, said: "I was innocent from the start. It just feels good to have everything finished."
Petrillo said he and his client were contemplating actions, including a possible lawsuit.
The case sparked a police internal affairs probe.
Petrillo previously had said the video was made during Hayes' Jan. 29 arrest by someone from the barbershop, where his client is a regular patron. It appears to show Hayes, who has a prison record, allowing himself to be handcuffed without appearing to display the violent behavior police described in sworn court documents.
Petrillo said his client wouldn't give the police his full name at first and he believes that's what caused the police to escalate the incident.
Court documents alleged police were doing a drug investigation when they stopped Hayes, asking him for identification and "to explain his conduct." They went on to say Hayes began swearing and repeatedly refused to provide identification as a crowd of elderly people and small children gathered. The resisting arrest complaint alleged Hayes refused to stop his violent behavior, and used racial slurs and profanity, before swinging his arms and upper body, and pulling away from officers.
"The officers told the defendant numerous times to stop resisting arrest, but the defendant refused," police wrote.
Court records showed police also charged Hayes with a violation of unlawful possession of marijuana. A complaint says police found a bag of what appeared to be marijuana in Hayes' pocket during a search.
"At no time does he use the language that was attributed to him. At no time is race ever injected into this. And at no time does he do anything that could even remotely be interpreted as resisting. There's no ambiguity to the tape. The tape speaks the truth," Petrillo said last week.
Shams Tarek, a spokesman for District Attorney Kathleen Rice, confirmed Petrillo shared the video with prosecutors before both parties went to see a district court judge. The judge then dropped Hayes' $20,000 bail and released him on his own recognizance. "We requested that the defendant be released while we investigate the discrepancies between the video and the charging papers filed by police," Tarek said last week.
The complaints lists Peter J. Ellison and Carl Arena as the arresting officers.
Last week, Nassau police spokesman Insp. Kenneth Lack said he couldn't comment because of an active internal investigation. Police Benevolent Association president James Carver previously called Ellison and Arena great cops.
"They're responsible for arresting many individuals who wreak havoc on the community," he said last week.