Jun 27, 2008 7:15 pm US/Eastern
Yonkers Cop Faces Federal Civil Rights Charges
Wayne Simoes Accused Of Using Excessive Force; Female Victim Suffered Broken Jaw, Cuts And Bruises
WHITE PLAINS, N.Y. (CBS) ―
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A Yonkers police officer faces 10 years if convicted in civil rights case.
CBS
A veteran Yonkers Police officer is facing federal civil rights charges following a shocking incident caught on surveillance camera.
The cop is now free on bond and has been placed on desk duty, but faces many years behind bars.
Wayne Simoes, 38, left court charged in a case that carries up to 10 years in prison.
The cop's alleged use of excessive force is the source of widespread community anger.
"Hopefully, they should put him behind bars," one man told CBS 2 HD.
In March of 2007, Simoes was called to a Yonkers restaurant where a woman had been hit with a beer bottle. The woman's aunt, Irma Marquez, was upset and Simoes decided she had to be subdued.
He picked the 120-pound woman up off the floor and threw her to the ground, causing Marquez extensive injuries too graphic to show on television.
Defense lawyer Andrew Quinn says the video doesn't tell the full story.
"What the video doesn't show is the operation of Wayne Simoes' mind at the time of the incident," Quinn said. "That's what's going to be a critical issue in this case is whether or not his intent when he was subduing Ms. Marquez was to violate her Constitutional rights or cause any type of injury."
Court documents in this case make it clear there will be no blue wall of silence. Several Yonkers police officers who were at the scene that night told the FBI they thought Simoes' use of force was unreasonable and excessive.
Internal Affairs cleared Simoes of wrongdoing last March, but cops now say the internal investigation will be reopened.
A lawyer for Marquez says she suffered permanent memory loss from her injuries. Last month she sued Simoes and the department, seeking $11 million in damages.
The Westchester District Attorney Janet DiFiore is also under fire in this case for prosecuting Marquez on disorderly conduct charges.
Marquez was acquitted.
On Friday, DiFiore said those who handled the case have been disciplined and reassigned.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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