NYPD Officer Philip Fioranelli was criminally charged with misconduct Wednesday for allegedly sitting on a handcuffed detainee and spraying pepper spray in his mouth and eyes.
Fioranelli appeared briefly before Manhattan Criminal Court Judge Michelle Rodney and was released on his own recognizance. He pleaded not guilty to one count of official misconduct.
Prosecutors at the Manhattan district attorney’s police accountability unit allege the incident occurred on May 18 when Fioranelli, 48, was working a paid security shift in uniform at a lower Manhattan parking garage.
The day before, the alleged victim, Aqil Alshimary, bought a multiday parking ticket, which he refused to provide when he came to pick up the vehicle, prosecutors allege.
A security supervisor called Fioranelli, who told the man to leave, to no avail, leading to a skirmish during which the cop tripped over a bicycle rack, according to the description of CCTV footage in court papers.
Prosecutors say Fioranelli then pulled out his NYPD-issued firearm, and Alshimary immediately complied with his orders, laying face-down with both hands behind his back. The cop then mounted the detainee and straddled him with one leg on either side before unholstering his pepper spray and spraying multiple bursts in Alshimary’s eyes and mouth.
“[Fioranelli] then used his own hand to spread and rub the O.C. chemicals around Alshimary’s face. Over the next few seconds, [Fioranelli] deployed additional bursts from close range into Alshimary’s face – in the process, exposing himself to the O.C. spray chemicals and inadvertently rubbing them into his own eyes – before returning the canister to its holster,” prosecutors wrote in court papers.
“Approximately two minutes later, [Fioranelli] again took out the O.C. spray and deployed it directly in Alshimary’s face.”
The cop stayed atop the detainee for more than three-and-a-half minutes, “intermittently and gratuitously yanking at the neck” of his sweatshirt, pulling at his handcuffed arms and putting pressure on his back as a complying Alshimary “writhed in pain” underneath “from the intense burning effects,” court papers detail.
In a statement, Manhattan DA Alvin Bragg said, “There is no question that New York City Police Officers are put in extremely challenging positions every day, but officers who violate the law must be held accountable.”
“The work of our police accountability unit is essential for trust in the system, which directly impacts public safety, and that is why these cases will continue to be a key pillar of our work in the Manhattan district attorney’s office,” the DA added.
Fioranelli, on the force since 2004, was suspended by the NYPD’s Internal Affairs Bureau following the incident. He and his lawyer had no comment leaving court. An NYPD spokesman confirmed his unpaid suspension.
The cop’s disciplinary history notes four infractions he either pleaded guilty to or was found guilty of, resulting in 45 docked vacation days, including impeding a police investigation off duty, being in wrongful possession of a bogus or counterfeit police shield, and getting into a physical altercation with another cop.
In a statement, Police Benevolent Association President Patrick Hendry condemned the charge.
“This is another case that shows the upside-down world in which police officers are working. This individual violently assaulted this police officer, but he is not being prosecuted,” Hendry said.
“Our police officer deserves fairness and due process, but the criminal who assaulted him absolutely should not walk away scot-free.”
Alshimary was charged with misdemeanor assault and harassment stemming from the skirmish with the cop. After attending a community treatment program, he got what’s known as an adjournment in contemplation of dismissal on Oct. 18 — meaning if he stays out of trouble for six months, his case will be dismissed.
Alshimary could not be reached for comment.