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(00:40-00:48) Enrique Del Rosario is shown being arrested by a large group of officers, including a plain clothed Merizalde who is dressed in a Seahawks jersey. According to Dennis Flores of El Grito de Sunset Park, Merizalde was recklessly swinging his nightstick, grazing another officer in the process.
(01:10 to 06:20) The same video shows Merizalde aggressively brandishing his baton at civilians, including a number of copwatchers, to force them away from where Del Rosario is being arrested. A number of other officers take part in pushing away the crowd, including Ciardiello.
Home / Officer Profiles / E.Merizalde / 2014 Puerto Rican Day Parade Arrests
VERIFICATION STATUS
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ELVIS MERIZALDE
8 June 2014
Aggressive cops and violent arrests at Sunset Park Puerto Rican Day Parade
Elvis Merizalde was one of the officers involved in the violent arrest of 17-year-old Enrique Del Rosario as he was filming the police during the Sunset Park Puerto Rican Day Parade. Following the arrest of Del Rosario, officers, including Officer Merizalde and Officer Ciardiello, aggressively used their batons to force back a crowd of civilians, including many organized copwatchers.
Although not clearly shown in the video, the lawsuit states that both Officers Ciardiello and Merizalde slammed Del Rosario into the security gate of a locked store and then punched, kicked and hit Del Rosario with their batons.
According to the lawsuit, Del Rosario was charged with attempted assault in the second and third degree, attempted grand larceny and disorderly conduct. Del Rosario was also held in custody for approximately 30 hours before being arraigned on felony charges. His parents were not notified he was in custody, despite the fact that he was a minor at the time. The charges were dropped when officers’ witness testimony was discredited and eyewitness video contradicted officers’ statements.
Del Rosiaro sued the city for compensation, naming Elvis Merizalde, Vincent Ciardiello and five John Doe officers. Several other youth were arrested and the charges were later dropped.
According to a Vice News article, Del Rosario was unable to recover his camera, and the footage from the NYPD has not surfaced. According to Think Progress, neither Del Rosario’s lawyer Rebecca Heinegg, nor Dennis Flores of Sunset Park were able to obtain NYPD video footage of the encounter.
The lawsuit cites at least 15 other cases filed against the city by people who were arrested for filming or documenting the NYPD.
Enrique Del Rosario, a 17-year-old that was violently arrested as he was filming the police during the parade. Photo: El Grito de Sunset Park
SOURCES
Video Footage Exonerates Brooklyn Teen of Assault on NYPD Cop (vice news)
Brooklyn prosecutors have dismissed charges against a Sunset Park teenager for assaulting a cop this past summer after a video surfaced earlier this year proving his innocence.
Brooklyn Teen Was Charged With Assaulting A Cop Until This Video Proved The Police Were Lying (think progressive)
Prosecutors are dropping charges against 17-year-old Enrique Del Rosario related to assaulting a police officer after video contradicted their claims.
Teen falsely accused of bashing cops fights back in court (Brooklyn Daily)
Prosecutors are dropping charges against 17-year-old Sunset Parker Enrique Del Rosario after police and the district attorney’s office dragged him through 10 months of court on trumped-up charges that he attacked a police officer.
Charges dropped against Sunset Park teen after videos show cops lied (Brooklyn paper)
Another Sunset Park resident is vindicated after prosecutors dropped charges that video of the incident proved were trumped-up.
Complaint and Demand for Jury Trial, United States District Court, Eastern District of New York
Dockets & Filings [ Justia]