Charges dropped against cab driver in police assault case

June 6, 2011 1:54:59 PM PDT
He had been arrested for assaulting a cop, but a Suffolk County cab driver walked out of court a free man Monday morning.

It's just nice knowing that I have this off my shoulders, that I don't have to have a worry," said Thomas Moroughan.

An obviously relieved Thomas Moroughan left court a free man, as charges he assaulted a police officer were dismissed by the prosecutor himself.

It happened on a cold winter night three months ago.

Moroughan was driving a cab and found himself ensnared in an argument with two other drivers, both of them off-duty Nassau County Police Officers.

They claimed he tried to run them down, and Officer Anthony DiLeonardo opened fire, shooting Moroughan twice, right through his windshield.

Moroughan was arrested hours later at the hospital.

In court Monday, prosecutors dropped a bombshell, saying they have evidence officer DiLeonardo was drunk at the time of the shooting.

Although he refused to take a test for drugs or alcohol, "The evidence of consumption so negatively affects the officer's credibility, the people cannot prove the case beyond a reasonable doubt."

Monday, no one came to the door of DiLeonardo's Massapequa home.

Moroughan is now planning a civil suit against both officers and the Suffolk County Police Department who arrested him so quickly.

Police say if Officer DiLeonardo was in fact drunk, even while off duty, that would be a violation of policy.

An internal investigation, is now under way.