The NYPD officer seen on video shoving a female protester to the street seemingly without provocation was criminally charged on Tuesday for the alleged assault. Officer Vincent D'Andraia, who is assigned to the 73rd Precinct covering Brownsville and Ocean Hill, faces charges of third-degree assault, fourth-degree criminal mischief, second-degree harassment and third-degree menacing, Brooklyn District Attorney Eric Gonzalez announced on Tuesday.
D'Andraia, 28, is the first officer to face criminal charges for misconduct during the demonstrations against racist police brutality that have gripped NYC since the end of May.
The incident occurred last Friday near the Barclays Center. After ordering a 20-year-old woman to move out of the street, D'Andraia allegedly "smacked her cell phone out of her hand, and violently shoved her to the ground," according to the Brooklyn DA's investigation. According to the criminal complaint, D'Andraia also called the woman "a stupid fucking bitch."
The woman, later identified as Dounya Zayer, can be seen in the video below standing near Barclays Center on May 29th and taking video with her phone as other protesters and police streamed by.
In video Zayer posted to Twitter, Officer D'Andraia tells Zayer to get out of the street. When she asks him why, he swats her cellphone away.
Zayer hit her head in the fall and was taken to the hospital and later released. Zayer told the Daily News, “I wasn’t aggressive toward the police officer. Even if I was he should have had the self restraint to not hurt the people’s he’s supposed to be protecting."
“First he threw my phone and then he threw me,” Zayer added in a video she shared on Twitter. “And I hit my head and I had a seizure and I have a concussion.”
NYPD Commissioner Dermot Shea announced on Friday night that D'Andraia had been suspended without pay following an investigation and could face further discipline. A supervisor who was also present when Officer D'Andraia shoved the protester was reassigned.
New York City Council Speaker Corey Johnson has said D'Andraia should be charged with assault. Mayor Bill de Blasio has also reportedly pushed for the officer to face charges, but sources tell Vanity Fair that Shea and Chief of Department Terence Monahan threatened to resign if that happens.
“We’re figuring shortly after the arrest is made, [Shea will resign],” a police source told Vanity Fair's Diana Falzone. “We were told the mayor wants the cop arrested, and they refused to do it. It was a resign-or-be-fired situation.”
In a statement, Police Benevolent Association President Pat Lynch excoriated de Blasio and top NYPD officers for allowing Officer D'Andraia to be charged. “Once again, Mayor de Blasio and the NYPD brass are sacrificing cops to save their own skin. They created the failed strategy for managing these demonstrations," Lynch said. "They sent police officers out to do the job with no support and no clear plan. They should be the ones facing this mob-rule justice. We will say it again: New York City police officers have been abandoned by our leadership. We are utterly alone in our efforts to protect our city.”
An NYPD spokesperson declined to comment on reports that D'Andraia will face charges. The Mayor's Office also did not respond to a request for a comment.
NYPD Officer Vincent D’Andraia is arraigned via video in Brooklyn Criminal Court Tuesday. D’Andraia is charged with assault after he was caught on camera shoving Dounya Zayer, a protester, during a George Floyd protest near Barclays Center.
D'Andraia was arraigned over videoconference in Brooklyn Criminal Court on Tuesday in front of Judge Gina Levy Abadi. D'Andraia's face was obscured by a mask, as the Brooklyn ADA asked for his service weapon to be turned in.
"Defendant's weapons were taken by the police department pursuant to his suspension last week,” D'Andraia's attorney, Steven Worth, replied.
D'Andraia was released on his own recognizance (his charges were not bail eligible) from a Brooklyn jail. He did not enter a plea. After the arraignment, he climbed into a black SUV and sped away.
His next court appearance is scheduled for October 15, 2020.
This story has been updated to reflect new information announced by the Brooklyn District Attorney's office.
With Jake Offenhartz
