Queens DA investigating NYPD chokehold amid calls for officer to be charged

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Tuesday, June 23, 2020
Queens investigating controversial NYPD chokehold arrest
Jim Dolan has more on the investigation into the apparent use of a chokehold during an arrest in Queens.

FAR ROCKAWAY, Queens (WABC) -- The Queens District Attorney's Office is investigating after an NYPD officer was caught on video appearing to use a chokehold during an an arrest, and there are now calls for the officer to be charged.

Officer David Afanador, who once faced criminal charges alleging he pistol-whipped a teenage suspect and broke two of his teeth, was suspended without pay after he was recorded putting a man in what NYPD Commissioner Dermot Shea said was a banned chokehold.

The controversial video appears to show a man on the ground on the boardwalk at Rockaway Beach being held down by four police officers. Shea announced the suspension hours only hours after video of the incident was posted on social media, saying Monday the swift action was a sign of "unprecedented times."

"I think we have an obligation to act swiftly but we also have to get it right and to inform the public about what's going on," Shea told NY1.

Queens District Attorney Melinda Katz declined to prosecute the man taken into custody.

"There must be zero tolerance for police misconduct," a DA spokesperson said. "The District Attorney's Office is aware of the incident in Far Rockaway yesterday. We take these allegations very seriously, and an active investigation is underway."

Now, there are calls for the officer to be charged.

"The chokehold has been banned," civil rights leader Rev. Kevin McCall said. "Officer David Afanador needs to be arrested immediately. End of discussion."

It's at least the second time Afanador has been suspended from the force. The officer was sidelined after his 2014 arrest, only to return to duty after a judge acquitted him and his partner of all charges in 2016.

In that case, Afanador was seen on video using his gun to hit a 16-year-old boy during a marijuana bust. The beating continued until the boy dropped to the ground and was handcuffed. That altercation came six weeks after the police chokehold death of Eric Garner.

Afanador was involved in eight incidents that were the subject of complaints to the city's police watchdog agency since joining the police department in 2005, according to records obtained Monday under a new state law making disciplinary files public.

They ranged from using discourteous language to use of physical force and refusing to seek medical treatment. All of the allegations to the city's Civilian Complaint Review were either unsubstantiated or led to exoneration except for the ones stemming from the altercation that led to his arrest.

In Sunday's incident, in the wake of protests over George Floyd's killing by police in Minneapolis, a video shot by one of the men involved in the altercation showed officers tackling a Black man and Afanador putting his arm around the man's neck as he lay face down on the boardwalk.

Body camera footage released later by police showed that for at least 11 minutes before the arrest, three men were shouting insults at the police while the officers implored them to walk away.

"I put out the body camera footage yesterday and I think it tells a very different story than the initial video," Shea said. "But ultimately, you know, the hand around the neck is the hand around the neck and I dealt with that swiftly."

Chokeholds have long been banned by the NYPD and their use has been especially fraught since Garner died in 2014 after an officer put him in a chokehold while trying to arrest him. Gov. Andrew Cuomo last week signed a statewide ban on police chokeholds.

The speed with which the NYPD suspended Afanador stood in sharp contrast to the drawn-out police disciplinary process of years past.

"I think it's unprecedented times," Shea said, alluding to the public's demand for police accountability since Floyd's death.

Shea said he does not believe there is systemic racism in the NYPD. He is scheduled to testify Monday at the state attorney general's hearing on police officers' rough treatment of protesters.

His testimony comes days after Attorney General Letitia James publicly rebuked the police department and Mayor Bill de Blasio for ignoring invitations to participate.


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