Peekskill activists ask state to probe DA decision to clear officer in viral violent arrest
Retired prosecutor and now Syracuse University professor Rick Trunfio told News 12 Monday "the DA's office was exactly right" not to pursue charges against the officer.
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Peekskill activists are asking state officials to investigate the Westchester district attorney's decision not to charge a police officer who beat and arrested a homeless man at Riverfront Green Park.
Some legal experts, though, told News 12 that the officer's actions were clearly within the law because of the circumstances.
In a viral video of the Dec. 3 incident at Riverfront Green Park, the officer is seen tasing and kicking Damar Fields, 42, multiple times after he is on the ground, prompting public outcry and the department's request to Westchester District Attorney Susan Cacace for an investigation into the officer's actions.
Cacace announced on Dec. 22 that there is "an insufficient basis to pursue criminal charges" against the officers and referred the matter back to Peekskill Police Chief Adam Renwick for an internal investigation.
Along with the announcement, Cacace released officer bodycam which showed the full interaction from different angles.
Darrell Davis, an advocate for Fields, wrote to the New York State Commission on Prosecutorial Conduct requesting an investigation into why Cacace did not charge the officer.
"We're hoping that all these irregularities will be explained by somebody," Davis said Monday over Zoom.
He has been particularly upset that the officer kicked and tased Fields several times while Fields was on the ground.
In the bodycam video, the officer arrives at the park's gazebo to find Fields with his pants down and shouting. The officer tases Fields, which sends Fields to the ground, and tases him several more times to compel him to comply with his orders to "put your face on the ground" so he could be cuffed. The officer then punches Fields several times in the face. Other officers then arrive to help arrest Fields.
"This all flowed from the mishandling, the repeated tasing by the police that started all this," Dais said. "This didn't start because his pants were at his knees. This started because they mishandled it."
Retired prosecutor and now Syracuse University professor Rick Trunfio told News 12 Monday "the DA's office was exactly right" not to pursue charges against the officer. Trunfio said that since Fields was already committing a misdemeanor by exposing himself in the park, the officer had probable cause to initiate the arrest. He added that since Fields refused to comply with orders and kept threatening to kill the officer, the officer was right to use force.
The misdemeanor complaint states Fields kept trying to hit officers and tried to grab an officer's gun belt.
"The police don't know if he's got hypodermic needles in his pockets. They don't know if he's got weapons in his pockets," Trunfio said. "Instead of following commands so that they could do a pat-down search for their safety and for his safety, he just fought them every step of the way."
Article 35 of the New York State penal code permits officers to use non-lethal force to protect themselves while arresting someone they believe to have committed an offense.
Fields is homeless and struggles with mental illness, his family said, and local police had dealt with Fields multiple times prior to the Dec. 3 arrest. Trunfio said a person's mental state could factor into a successful defense at trial but is not a reason for police not to use force.
The officer remains on administrative leave. An internal investigation is underway into whether specific actions by the officer violated police department policy. The investigation could lead to discipline if necessary, Chief Renwick said at a Dec. 22 City Council meeting.
DA Cacace declined through a spokesperson to comment further on the matter, referring questions to Chief Renwick. Though she chose not to charge the officer, Cacace recommended the department consider additional training on dealing with mentally ill or emotionally disturbed people and on de-escalation.
Fields is scheduled to be arraigned Jan. 8 on charges of public lewdness, drug possession, resisting arrest and obstructing government administration. If convicted on the public lewdness charge, Fields could face up to a year in jail.
Fields's network of supporters is arranging legal counsel and are planning civil action against the city and the police department.
