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Posted: 6/2/2008 9:09:27 AM EST
If all is as it appears then expecting accountability is going to become more and more problematic.

Article

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Yonkers officer accused of brutality
Friday, May 30, 2008 | 9:36 PM
Eyewitness News

NEW YORK (WABC) -- A woman in Yonkers has filed a lawsuit after she says she as beaten unconscious by police officer.

And then, she was charged with a crime. And it was all captured on videotape.

Irma Marquez is suing for $11 million. A Yonkers jury acquitted of all charges in early May. Now, she has filed a Federal Civil Rights lawsuit against the Yonkers police officer.

That officers arrested the 44-year-old home health aid after having beaten her unconscious. The violent attack, captured entirely on surveillance video, resulted in Marquez' hospitalization with a fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso and numerous other parts of her body.

The videotape, which was reviewed by the Westchester County District Attorney Office's, clearly demonstrates the officer lifting Marquez off her feet and driving her face first into the ceramic tile floor of the restaurant where the incident occurred. Marquez' lawyer claims District Attorney Janet DiFiore proceeded with unjust prosecution of the victim rather than charge the perpetrating officer.

Marquez was allegedly accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece, who was earlier rendered unconscious when struck by another unapprehended assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue in Yonkers on March 3, 2007.

It is alleged that police Officer Wayne Simoes slammed Marquez to the floor, then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct. On May 9, 2008 a jury acquitted Marquez of all charges.

"If anyone other than a police officer was caught on tape doing what Officer Simoes did to Irma Marques, they would have rightfully been arrested and prosecuted," Marquez' attorney, Gary Certain, said.

Certain, who represented Marquez in the criminal case and filed the federal lawsuit, added, "This case suggests that Janet DiFiore's Office may not be capable of honestly prosecuting egregious police misconduct."
(Copyright ©2008 WABC-TV/DT. All Rights Reserved.)
Link Posted: 6/2/2008 9:12:33 AM EST
[Last Edit: 6/2/2008 9:12:48 AM EST by thompsondd]
WTF and where's the video.
Link Posted: 6/2/2008 9:17:52 AM EST
I'm thinking it was seized as evidence before it could get out.
Link Posted: 6/2/2008 9:20:21 AM EST

Originally Posted By Troubl3shooter:
I'm thinking it was seized as evidence before it could get out.



Suprised it hasnt been lost
Link Posted: 6/2/2008 9:21:54 AM EST

Originally Posted By USGI_45:

Originally Posted By Troubl3shooter:
I'm thinking it was seized as evidence before it could get out.



Suprised it hasnt been lost


well, once it's logged it who know how long it could be before they'd have to tell the truth regarding its existence.
Link Posted: 6/2/2008 9:23:57 AM EST
She was getting in the way and wouldn't listen to the cops. Not saying it's right what happened but if you listen to instructions it saves you a lot of trouble.
Link Posted: 6/2/2008 9:26:21 AM EST
Link Posted: 6/2/2008 9:26:53 AM EST

Originally Posted By vegeta2064:
She was getting in the way and wouldn't listen to the cops. Not saying it's right what happened but if you listen to instructions it saves you a lot of trouble.

And she's going to be 11 million dollars richer for it.
Link Posted: 6/2/2008 9:35:17 AM EST
They failed to convict on the charges so apparently she wasn't in the way.

You fanbois should read a little better.

A Yonkers jury acquitted of all charges in early May.
Link Posted: 6/2/2008 9:37:12 AM EST
The video is on there, just another lame web designer at work. Click one of the pic inserts on there. She was body slammed, faced first. No reason for it.
Link Posted: 6/2/2008 9:41:47 AM EST

Originally Posted By BatcaveSouth:
The video is on there, just another lame web designer at work. Click one of the pic inserts on there. She was body slammed, faced first. No reason for it.


Thanks for the heads up.

She's going to own her very own police department. And she'll deserve it.
Link Posted: 6/2/2008 9:43:21 AM EST
That cop needs to be fired.

Link Posted: 6/2/2008 9:43:23 AM EST
_________________________________________
Link Posted: 6/2/2008 9:43:40 AM EST
Maybe we could get a new channel here and call it the Lack of Accountability Files.

The fanbois could practice their blind rationalization skills there.
Link Posted: 6/2/2008 9:44:09 AM EST

Originally Posted By BatcaveSouth:
The video is on there, just another lame web designer at work. Click one of the pic inserts on there. She was body slammed, faced first. No reason for it.


+1

That was ridiculous.
Link Posted: 6/2/2008 9:46:40 AM EST
Bah...

She slipped, and he was trying to gently help her to the ground...
Link Posted: 6/2/2008 9:47:56 AM EST
Wow, that's just wrong. Looks like she's going to get a nice retirement bonus.
Link Posted: 6/2/2008 9:48:36 AM EST
Hahaha the cops said she slipped and he was trying to guide her fall.
After watching the video though...uh yeah
Link Posted: 6/2/2008 9:49:18 AM EST
The officer testified she slipped on a bottle and was trying to guide her down?


DA tries to protect the cop?

Nothing wrong at all here...
Link Posted: 6/2/2008 9:49:34 AM EST
"Obstruction of Governmental Administration and Disorderly Conduct"

Once again.....the catch all charge that will make us all "criminals" one day.
Link Posted: 6/2/2008 9:50:54 AM EST
She will get a big check.

Part of me thinks she should have backed up when asked. Part of me knows that if anyone has a loved one unconscious then they have a desire to make sure their loved one is being cared for and I have compassion for those feelings.

All of me thinks the officer went WAY over the line in body slamming her.
Link Posted: 6/2/2008 9:52:30 AM EST
Typical.
Link Posted: 6/2/2008 9:52:34 AM EST

Originally Posted By USGI_45:
Hahaha the cops said she slipped and he was trying to guide her fall.
After watching the video though...uh yeah


His testimony from her trial is what is going to get her big ass check from his trial.
Link Posted: 6/2/2008 9:52:56 AM EST
Fire all those liars. If they testified that she slipped, they were lying through their teeth.
Link Posted: 6/2/2008 10:01:03 AM EST
Another dickless wonder of an officer that gets off on overpowering the weak, I hope he gets cancer of the vagina.

Link Posted: 6/2/2008 10:01:43 AM EST
picked up off of the ground and slammed horizontally.......

absolutely no excuse for that. none. if a citizen had performed the exact same act on a cop, how many years would they serve?

that video is definative jack-shoed thug. i don't think those guys wear boots.


new term, JST!!!!!!!!

Link Posted: 6/2/2008 10:07:28 AM EST
Those liars not only need to be fired, they need to be prosecuted and locked up for a spell.
Link Posted: 6/2/2008 10:14:15 AM EST
Not that I don't think a) that cop should be tried and convicted for his actions, and b) the woman should be compensated for her injuries, but the 11 MILLION DOLLAR lawsuit is EXACTLY what's wrong with this country. $11 million is probably 10 times that womans life-long income potential...so how exactly would it be justified?
Link Posted: 6/2/2008 10:18:00 AM EST

Originally Posted By thebeekeeper1:
She was thrown to the ground when she refused to GTF out of the way--she was not "beaten." Dunno if the action was legitimate or not, but it's doubtful, after viewing the video, he intended to harm her. There certainly was no "beating." When someone lies and exaggerates it makes me really suspicious.


it sure as fuck doesn't show an officer handleing the situation in a way I would find acceptable, IF THAT WAS MY MOTHER!!!!!

I hope cop is convicted and get to do the general population hokey -pokey.
Link Posted: 6/2/2008 10:18:12 AM EST

Originally Posted By kcobean:
Not that I don't think a) that cop should be tried and convicted for his actions, and b) the woman should be compensated for her injuries, but the 11 MILLION DOLLAR lawsuit is EXACTLY what's wrong with this country. $11 million is probably 10 times that womans life-long income potential...so how exactly would it be justified?


They are ASKING for 11 mil. What they actually get will probably be a lot less.

Cops will continue to commit crimes and lie about it until they are forced to clean up their act.
Link Posted: 6/2/2008 10:20:56 AM EST
Link Posted: 6/2/2008 10:22:18 AM EST

Originally Posted By Bama-Shooter:
He stepped up the force to soon. She will get a few dollars.


that's all it is..

do you have a mother????
Link Posted: 6/2/2008 10:23:38 AM EST

Originally Posted By kcobean:
Not that I don't think a) that cop should be tried and convicted for his actions, and b) the woman should be compensated for her injuries, but the 11 MILLION DOLLAR lawsuit is EXACTLY what's wrong with this country. $11 million is probably 10 times that womans life-long income potential...so how exactly would it be justified?


It will make the city gov make sure that their cops stay on the legal side of JBTery.

Fucking bullshit, that cop should be in jail for assault. possibly attempted murder.

IMO.

TXL
Link Posted: 6/2/2008 10:23:58 AM EST
I didn't see a beating... And she should have gotten out of the cop's face. I don't understand why stupid people provoke the police and wind up in a world of hurt. Its almost like they WANT the cop to hurt them so they can sue.
Link Posted: 6/2/2008 10:26:10 AM EST
Link Posted: 6/2/2008 10:28:59 AM EST
He should not have pulled away. I also don't see her hitting her face first. I also didn't see the "Beating" mentioned.

Agreed he should have used another technique. Then Taser
Link Posted: 6/2/2008 10:29:51 AM EST

Originally Posted By Bama-Shooter:
You can see in the video the officer trying to take her into custody and her resisting. He should have tried wrist lock arm bar to take her down. If not then go for tackle or taser.


He shouldn't have been trying to take her into custody to begin with. He, and the other police that testified in her trial, shouldn't have then lied about what happened to her.
Link Posted: 6/2/2008 10:33:14 AM EST
Link Posted: 6/2/2008 10:36:00 AM EST
Isloated incident

JBTs
Link Posted: 6/2/2008 10:39:04 AM EST

Originally Posted By Only_Hits_Count:

Originally Posted By Bama-Shooter:
He stepped up the force to soon. She will get a few dollars.


that's all it is..

do you have a mother????


Dude..you're talking to a Blackwater/Katrina vet...Did you expect sympathy from him?
Link Posted: 6/2/2008 10:43:31 AM EST

Originally Posted By cju1979:

Originally Posted By Only_Hits_Count:

Originally Posted By Bama-Shooter:
He stepped up the force to soon. She will get a few dollars.


that's all it is..

do you have a mother????


Dude..you're talking to a Blackwater/Katrina vet...Did you expect sympathy from him?


He was one of those sterling examples of humanity that protected the citizens of New Orleans from themselves?

That explains a lot to me. I wasn't aware.

If true, he'll be roundly discounted from this point forward.
Link Posted: 6/2/2008 10:46:09 AM EST
Wow, he fucked her up good.

I would gladly let someone do that to me for 11 million dollars.
Link Posted: 6/2/2008 10:46:16 AM EST

Originally Posted By Troubl3shooter:

Originally Posted By cju1979:

Originally Posted By Only_Hits_Count:

Originally Posted By Bama-Shooter:
He stepped up the force to soon. She will get a few dollars.


that's all it is..

do you have a mother????


Dude..you're talking to a Blackwater/Katrina vet...Did you expect sympathy from him?


He was one of those sterling examples of humanity that protected the citizens of New Orleans from themselves?

That explains a lot to me. I wasn't aware.

If true, he'll be roundly discounted from this point forward.


Discount what I say too I guess. I almost always agree with him on these threads. Not always, but most of the time.
Link Posted: 6/2/2008 10:51:07 AM EST

Originally Posted By cju1979:
Isloated incident

JBTs


When you consider how many police officers there are in this country, and how many of these incidents there are, "isolated incident" isn't far from the truth.

I wonder how many of the "JBT" haters on this website would do a better job at LE than the people they routinely bash here. When you spend 40 hours a week or so dealing with people who hate you, and constantly provoke you, its not hard to see how someone could snap. There are some cops who are just plain bad. A lot of these incidents, I think the cop just plain snapped.

Every human being on earth has a breaking point. When you've got some idiot who is hell bent on pushing you past that breaking point, its not hard to see why these things happen.
Link Posted: 6/2/2008 10:51:13 AM EST

Originally Posted By DanielT:

Originally Posted By Bama-Shooter:
You can see in the video the officer trying to take her into custody and her resisting. He should have tried wrist lock arm bar to take her down. If not then go for tackle or taser.


He shouldn't have been trying to take her into custody to begin with. He, and the other police that testified in her trial, shouldn't have then lied about what happened to her.


That's the point- cops was wrong from the beginning.....

That's why the just took 30 freakin' minutes to find her not guilty.
Link Posted: 6/2/2008 10:52:18 AM EST

Originally Posted By krpind:

Originally Posted By Troubl3shooter:

Originally Posted By cju1979:

Originally Posted By Only_Hits_Count:

Originally Posted By Bama-Shooter:
He stepped up the force to soon. She will get a few dollars.


that's all it is..

do you have a mother????


Dude..you're talking to a Blackwater/Katrina vet...Did you expect sympathy from him?


He was one of those sterling examples of humanity that protected the citizens of New Orleans from themselves?

That explains a lot to me. I wasn't aware.

If true, he'll be roundly discounted from this point forward.


Discount what I say too I guess. I almost always agree with him on these threads. Not always, but most of the time.


I'm not comfortable with what I saw of things in New Orleans. Law enforcement out of control, national guard directed to act unlawfully, and civilian thug agencies deputized to body guard and be the cat's paw of Blanco.

No, not good.
Link Posted: 6/2/2008 10:52:29 AM EST
Link Posted: 6/2/2008 10:57:05 AM EST

Originally Posted By Troubl3shooter:
He was one of those sterling examples of humanity that protected the citizens of New Orleans from themselves?

That explains a lot to me. I wasn't aware.

If true, he'll be roundly discounted from this point forward.


You really don't have any idea what he did in NO, or why he went there, so you should probably not pretend like you do until you find out.

You know, a lot of very good people went to NO to help others, not to jack up old ladies with revolvers in their own homes. Try not to lump everyone who went to that hellhole into the same group.
Link Posted: 6/2/2008 10:57:28 AM EST

Originally Posted By TxLewis:

Originally Posted By kcobean:
Not that I don't think a) that cop should be tried and convicted for his actions, and b) the woman should be compensated for her injuries, but the 11 MILLION DOLLAR lawsuit is EXACTLY what's wrong with this country. $11 million is probably 10 times that womans life-long income potential...so how exactly would it be justified?


It will make the city gov make sure that their cops stay on the legal side of JBTery.

Fucking bullshit, that cop should be in jail for assault. possibly attempted murder.

IMO.

TXL


The city probably has insurance that will cover all/most of it. She doesn't deserve 11 million dollars even if it were coming from the JBT that did it himself...
Link Posted: 6/2/2008 10:57:47 AM EST

Originally Posted By Troubl3shooter:
I'm not comfortable with what I saw of things in New Orleans. Law enforcement out of control, national guard directed to act unlawfully, and civilian thug agencies deputized to body guard and be the cat's paw of Blanco.

No, not good.


He doesn't really need me defending him, but I will this time anyway.

You can judge this man from what you saw on TV just because he was in the city?


What do you think got more airtime on the news? The bad shit, or the good shit? You think because a few bad guys did bad shit EVERYONE did bad shit?

You are pretty new. I would not make comments like the one you just made until you "get know" a few of the upstanding members here.

YMMV but not by very fucking much.

Link Posted: 6/2/2008 11:00:21 AM EST

Originally Posted By destaccado:

Originally Posted By TxLewis:

Originally Posted By kcobean:
Not that I don't think a) that cop should be tried and convicted for his actions, and b) the woman should be compensated for her injuries, but the 11 MILLION DOLLAR lawsuit is EXACTLY what's wrong with this country. $11 million is probably 10 times that womans life-long income potential...so how exactly would it be justified?


It will make the city gov make sure that their cops stay on the legal side of JBTery.

Fucking bullshit, that cop should be in jail for assault. possibly attempted murder.

IMO.

TXL


The city probably has insurance that will cover all/most of it. She doesn't deserve 11 million dollars even if it were coming from the JBT that did it himself...


The eleven million bucks isn't restitution, it's a civil rights suit intended to hurt the city in the only place it notices.
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