Man alleges man beat him, officers covered it up

November 2, 2011 8:57:07 PM PDT
Prosecutors believe the cops turned a blind eye as a favor to a friend.

Little did they know that the cop that allegedly covered up the attack had internal affairs keeping a close eye on him for that recent NYPD ticket fixing scandal.

Jose Ayala walks with a cane and wears a back brace.

The 51-year-old claims it is because Michael Loturco brutally beat him.

Ayala says the worst part is that his police pals allegedly covered it up.

The Puerto Rico native told Eyewitness News in Spanish that he's lost confidence in the police.

Last October, Ayala says he got into an argument with Michael Loturco outside New Palace Paint and Supply Store in the Melrose section of the Bronx.

He says instead of using words, Loturco used his fist.

He suffered several broken ribs from that alleged assault.

"It's sad, I think the overwhelming reason is because Jose is a modest poor guy from the Bronx who doesn't speak English very well," his attorney said.

In an indictment, Bronx prosecutors contend responding officers put in their report that "the suspect in the assault (on Jose Ayala) was unknown."

Despite Ayala's accusations, the officers "Failed to place Michael Loturco under arrest or otherwise charge him with any crime." So Ayala's attorney filed a civil lawsuit against the alleged attacker and plans to do the same with the police department.

"It starts as helping out with a traffic ticket then it turns into don't arrest me for this terrible crime," Ayala's attorney said.

Loturco could not be reached for comment, and the NYPD has yet to respond.

The officers face conspiracy and official misconduct charges.