For the second time in less than a month, a video has surfaced showing an NYPD cop pointing a gun at a citizen for recording them making an arrest.
New York City Police Sergeant Diana Pichardo then snatched the phone from the man’s hands, yelling, “Give me that phone, motherfucker!,” while other cops entered and searched his apartment without a warrant.
But David Rivera – who installs security cameras for a living – had several surveillance video installed inside his apartment, capturing the warrantless invasion.
However, he still ended up spending 43 hours in jail on felony charges before the charges against him were dismissed.
Now he plans to file a lawsuit against Pichardo and the NYPD, according to the New York Daily News.
But Pichardo has already been named in 20 federal lawsuits that have cost the city more than $400,000 in her 13-year career, so she is probably not too worried about this lawsuit.
The incident took place March 8, 2015 while Rivera was sitting in his apartment with his girlfriend when they heard commotion outside in the hallway.
Rivera, 45, stepped into the hallway and saw at least two cops wrestling with at least one of his neighbors.
“I can’t breathe,” a man says, possibly one of the cops.
“Don’t put your hand around his neck,” Rivera says.
Then more cops arrive, including Pichardo, who pulls out her gun and points it at Rivera.
“Don’t point that gun at me,” Rivera says, walking back towards his apartment door.
Several cops rush towards him and stand in his doorway, refusing to budge as he tells them to back off.
That was when Pichardo storms up and rips the phone from his hand, calling him a “motherfucker” before other cops arrest him and enter his apartment without a warrant.
Last month, we reported that an NYPD cop named Risel Martinez was stripped of his gun and badge and assigned to desk duty after he pointed a gun at a man recording him making an arrest.
Martinez then walked up to the man and punched him in the face. That incident was caught by another man recording.
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