NYPD inspector faces dismissal over George Floyd protest ‘stomp’ caught on video

An NYPD inspector in Brooklyn faces dismissal after he was caught on video in 2020 allegedly ‘trampling’ on the head and shoulders of an anti-George Floyd protester.

The Civilian Complaints Board substantiated allegations of excessive use of force against DI James Palumbo after a watchdog identified him as an NYPD “white shirt” captured in a 15-second video of him stepping on a protester in a fetal position. when he is beaten by three. other policemen with batons.

Video of the attack, which took place on Fourth Avenue near Atlantic Avenue in downtown Brooklyn during the Barclays Center protest on June 2, 2020, was featured in a New York Times article about NYPD abuse and misconduct during anti-George Floyd protests . last summer.

Defending himself at the NYPD’s trial at police headquarters, Palumbo said the man on the ground, identified as Brian Biaz, resisted arrest. The 22-year-old NYPD veteran said he tried to pull other cops away from Biaz and put his foot on the man’s shoulder blade “to control him.”

“He tried to get up. He had his head off the ground,” testified Palumbo, who was assigned to the Bureau of the Interior before becoming commander of operations in the South Brooklyn Patrol District. “I felt that the kick to the shoulder was a sensible use of force to de-escalate the situation.”

Police were watching a protest at Barclays when word came that a group of people were robbing a nearby sporting goods store, Modell’s. According to police, Biaz tried to block and distract the cops from getting to Modell and fled when the cops targeted him.

In a video released by the Times, Biaz can be seen falling to the ground while running from three helmeted police officers with batons. After a few seconds, Palumbo runs up and puts his foot down twice on the lying body.

CCRB prosecutor Fredy Kaplan said Polumbo “stepped” on Biaz’s shoulder and head, but the inspector called his actions a “step”. He said he did it twice because he lost his balance while trying to pull the other cops away from Biaz.

His lawyer, Lou La Pietra, said the CCRB did not provide witnesses to support the allegations, and Biaz did not show any injuries in either his booking photo or body-camera footage taken moments after his arrest.

The footage shows Biaz laughing along with the officers surrounding him.

“He can’t look like him [if he was stomped]La Pietra said. – It has no label. He is a cherub.”

During his opening remarks, La Pietra held up an NYPD-issued ribbed-soled boot to showcase the marks Baez would have had if his face had been stepped on.

“A kick with a police boot will leave a mark,” La Pietra said.

Biaz filed a complaint with the CCRB but did not testify to the agency on the advice of his lawyer, who is suing the city on his behalf.

According to CCRB investigator Benjamin Shelton, Palumbo was identified as the NYPD commander in the Times video through other body-worn camera footage, as well as video recovered by the Internal Affairs Bureau.

“We’re actually here for the New York Times video,” La Pietra said, adding that the video was slowed down and enhanced “for the purpose of selling newspapers.”

Kaplan said the video, regardless of its origin, showed that Biaz “posed no threat to the officers” as he lay on the ground.

“The fact that you’re using your foot to step on someone who’s already on the ground when it’s not necessary is beyond reasonable strength,” he said. “His agenda was, ‘I’m going to punish this guy. I’ll show him not to mess with the police.

“There is violence in this action,” the prosecutor added. “It’s cruel”.

NYPD Assistant Deputy Commissioner Paul Gamble, who oversaw the case, said he would review the evidence and make his recommendations to Police Commissioner Kichant Sewell on whether or not Palumbo should be fired in the coming weeks.

However, the final decision rests with Sewell, who has repeatedly overturned disciplinary recommendations from the CCRB and departmental tribunals.