Long Island, NY - Cell phone video has been released showing the assault on Officer Anthony Federico, which resulted in him defending himself, and being charged with felony assault (video below.)
The incident happened on May 8, 2016. ABC7 reports that just before 3 AM, Officer Federico responded to an assault on South Park Avenue, near Merrick Road. One of the subjects involved in the fight, Kevin Kavanagh, 25, was being helped off of the ground by Brendan Kavanagh, 20. Officer Federico approached the two to get information from them.
Both suspects were allegedly intoxicated. Kevin had a .20 blood alcohol level and cocaine in his system at the time he attacked the officer.
Kevin suddenly attacked Officer Federico, hitting him in the head. After that strike is when the video starts, in what appears to be an intentional edit to remove the attack on the officer.
Officer Federico grabbed Kevin to place him into custody and Kevin responded by resisting arrest. The officer pushed the suspect up against a fence in the struggle to control him, and then the suspect grabbed the officer by the back of the neck and grabbed at the officer near his gun.
Officer Anthony Federico deployed his taser, and that's when Brendan can be seen in the video kicking Officer Federico. Facing two people assaulting him, the officer defended himself by hitting Brendan in the head with with his Taser, causing a 6 centimeter laceration which needed stitches.
Despite Brendan's kick being clear in the video, he and his friends screamed that they never touched the officer while Brendan continued to push back against the officer, resisting arrest. When help came, Officer Federico attempted to regain control of Kevin, who could again be seen continuing to resist arrest, pushing and kicking at the officer while Kevin's friend screamed, "You are a f-ing pig."
Both men were taken into custody.
You can see the cell phone video below:After reviewing the footage and talking to the violent criminal suspects, the Nassau district attorney’s office filed felony charges against Officer Anthony Federico for "beating" the men who attacked him.
Officer Anthony Federico surrendered himself to be arrested on charges of third-degree assault, a felony, and two counts each of falsifying business records and offering a false instrument for filing.
The false reporting charges appear to stem from the officer not putting in his report that he used his Taser to strike one of the suspects.
While lawyers can claim that missing a detail from a fight is evidence of criminality, the reality is that it is completely normal for people to experience memory loss in combat. This is something that is hard for anybody to actually understand who hasn't experienced stress from combat. This stress-induced memory loss is not just some oddball thing which rarely happens. Most people will be unable to remember all details after being involved in a fight.
Remembering absolutely every strike or every detail from a fight is actually impossible for most people, and it's something that people may not even realize unless they try to write down all of the details and find that there are gaps in their memory.
Not being able to remember a strike, and not documenting something that wasn't remembered, is not falsifying a report. When Officer Anthony Federico submits his report, he is only swearing that it is true to the best of his knowledge. If he cannot remember a detail, then the report is still true to the best of his knowledge.
Officer Federico's attorney, William Petrillo, lays out the absurd case against him here:
It would seem that the fact that Officer Federico was under attack from two men should be enough evidence to show that that striking them was justified, but the prosecutors, who have likely never been in a fight, see it differently.
Please spread the word about the great injustice being done here. This hero was assaulted by multiple people at once, and is facing felony charges for defending himself while doing his job.