NYPD Officer Penalized with One Month Pay Loss for Kneeling on Manhattan Suspect’s Back Who Said ‘I Can’t Breathe’
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NYPD Officer Penalized with One Month Pay Loss for Kneeling on Manhattan Suspect’s Back Who Said ‘I Can’t Breathe’

A New York Police Department (NYPD) officer has received a significant disciplinary action following an incident involving the restraint of an emotionally disturbed individual in Manhattan. Officer Gabriel Perez-Ponce lost 30 days of pay for kneeling on the back of the suspect, identified by the initials P.C., as he repeatedly proclaimed, “I can’t breathe,” a phrase that has since become emblematic of discussions around police conduct and accountability.

This decision was made by NYPD Commissioner Jessica Tisch, who endorsed the findings of a departmental trial that revealed a breach of established force guidelines. The trial was overseen by NYPD Judge Vanessa Facio-Lince, who determined that Perez-Ponce’s actions posed a grave risk to P.C.’s health, potentially leading to severe consequences.

The incident in question transpired on February 11, 2020, within the Chinatown area. It unfolded over an extensive timeframe of more than five years, which was partly attributed to delays stemming from the COVID-19 pandemic. The officers initially responded to a drug treatment facility where staff reported that 27-year-old P.C. was experiencing a mental health crisis. Despite P.C.’s subsequent departure from the facility before police arrival, officers later located him nearby after a report of a shirtless man behaving erratically in the vicinity.

NYPD documents indicate that upon their approach, P.C. fled but was apprehended, handcuffed, and placed face down on the ground. Valuably, body camera footage was instrumental in the trial, revealing that P.C., while pinned and expressing distress, had not exhibited any resistance to the officers’ commands.

The troubling nature of this interaction is further underscored by its proximity to past events that ignited national outrage over police practices. This particular case occurred six years after Eric Garner’s fatal arrest in Staten Island, where the phrase “I can’t breathe” became a rallying cry for social justice movements. Moreover, the widely publicized murder of George Floyd by a police officer in Minnesota just months after the NYC incident spurred significant legislative changes regarding the use of force in policing.

Following the incident, P.C. was transported to Bellevue Hospital for assistance. In the aftermath, the CCRB recommended disciplinary action against both Perez-Ponce and his partner, Officer Cesar Mejia, who ultimately retired before facing similar charges. Mejia’s resignation followed the CCRB’s allegations that he also violated force policies during the incident.

Currently, Perez-Ponce has returned to active duty at the 7th Precinct, whereas Mejia’s status remains unconfirmed. Both officers have not publicly commented on the matter. This incident continues to highlight the ongoing concerns surrounding mental health awareness in law enforcement contexts, as well as the procedural guidelines governing officer conduct during encounters with vulnerable individuals. Media News Source emphasizes the importance of scrutinizing and reforming police practices to prevent such conflicts in the future, particularly in interactions involving individuals facing mental health crises.

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