YPD Officer Accused of Beating Woman Unconscious is Sued in Federal Court

Yonkers Jury Acquitted Woman of All Charges in Early May

YONKERS, NY -- A Federal Civil Rights lawsuit was filed (Download Marquez_IrmaComplaintFedCourt.pdf ) this week against a Yonkers Police Officer who arrested a 44 year-old home health aid after having allegedly beaten her unconscious in 2007.  The attack, captured on surveillance video, is claimed to have resulted in the hospitalization of Irma Marquez with an alleged fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso, and numerous other parts of her body.  The video tape, which was reviewed by the Westchester County District Attorney Office’s, is said by Gary T. Certain, Esq., of Certain & Zilberg, PLLC, attorneys for Ms. Marquez, to “clearly demonstrates the officer lifting Ms. Marquez off her feet and driving her face first into the ceramic tile floor of the restaurant where the incident occurred.”  Certain & Zilberg assert that “District Attorney Janet DiFiore proceeded with the unjust prosecution of the victim of this brutal attack rather than charge the perpetrating officer.”

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Ms. Marquez alleges she was accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece who was earlier rendered unconscious when struck by another unapprehended assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue, Yonkers, New York on March 3, 2007. Police Officer Wayne Simoes is said to have “slammed Ms. Marquez to the floor then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct.  On May 9, 2008 a jury acquitted Ms. Marquez of all charges.

“If anyone other than a police officer was caught on tape doing what Police Officer Simoes did to Irma Marques they would have rightfully been arrested and prosecuted,” said Gary T. Certain, Esq., of Certain & Zilberg, PLLC, attorneys for Ms. Marquez.  Mr. Certain, who represented  Irma Marques in the criminal case, and filed the Federal lawsuit in the Southern District of New York, added, “This case suggests that Janet DiFiore’s Office may not be capable of honestly prosecuting egregious police misconduct.”

Westchester County District Attorney Janet DiFiore issued a written statement asserting, “We are aware of the allegation regarding the excessive use of force by a member of the Yonkers Police Department during an arrest at the La Fonda Restaurant at 57 Palisade Avenue in Yonkers, New York on March 3rd, 2007. I have commenced an internal inquiry as to how this matter was handled by the Office of the District Attorney, and I have re-assigned personnel pending completion of the inquiry.” 

“[Yonkers Police Department] Internal Affairs is conducting an investigation and will not comment about any pending case,” noted Lt. Diane Hessler, Public Information Officer

Comments

An "ALLEGED fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso, and numerous other parts of her body?" Are the injuries not documented. I don't see anything alleged about the injuries. Investigate this one fully. How many abuses by the police go unreported or are swept under the rug by accomplices in the DA's office or City Haul?

...and the official response by City Haul will be, this never happened.

Is Police Officer Wayne Simoes still on the payroll?

How this story is routed by the law firm out to make big bucks on the taxpayers:They go to News12 who have to fill their news show without working too hard and CH12 reports everything that the lawyer firm gives them and reports allegations as facts.News 12 will do this over and over and over and over putting pressure on the city to settle out of court.The accused police officer can't say anything in his own defense because the city lawyers forbid it in that it might jeopardize their defense.So now the cop in question who most likely is not guilty of anything has his neighbors, old schoolmates and even some family members thinking he is some kind of monster.Some of these same law firms who play this game are also advertising customers of Cablevision.

How did the victim get all of the bruises and fractures? She fell down?? Probably with some help from Simoes.

The video is awful. There is no audio, so maybe she said abusive things. However, cops aren't supposed to respond to provocation like this one did. Based on that video---unless it's been edited, and it might have been--the cop could have killed her.

But there is a "jump" in the video as shown on Channel 12. It could have been edited to remove something of importance. We'll see.

[BILLY 91 ( The 500 continues)]

pre-exisiting injury. Thats all I got to say.

good job ypd

[Sparky]

Jump? You serious? she got suplexed

[Workin24/7]

Try working with drunken, drugged up, welfare collecting losers everyday & you might have the urge to do it too! Act like an animal, you get treated like an animal! Stop hanging out at bars and go home & take care of your kids!!

Sparky: You know all the facts? Were you there? Do you know the victim? That's why there are review panels and IABs. Thank God there are checks and balances against police brutality apologists like you.

[Sparky]

Your job...your training is to be able to control these types of situations. YPD are a bunch of cowboys. There were 2 ems guys doing their thing and 6-8 others standing there looking at the cofee stains on their uniforms. The woman didn't even physically over react badly...her face got mangled up pretty bad.

News12 and the Jnews have a long history of not showing you the beaten faces of the victims of criminal brutality.When the lawyers in pursuit of the taxpayer millions go to the media with their photos, do they ask the lawyers about what the whole story is like: Why were the police called?What was the actions before the so-called victim was subdued by the officer?Does the woman have a previous police record and does it include assault?Was the female drunk or on drugs during the incident?The police officer was providing medical assistance to a victim on the floor and we are to believe that the officer took violent action just because a woman friend was looking or just asking on the welfare of her friend?

It's up to the YPD to release its version of what happened. They are making everyone guess. If they have information that presents this in a different light, they better release it fast. Their lawyers are likely telling them not to comment, but sometimes that is not a good strategy.

Regardless if the woman had a record or not. It still dosen't justify that officer using that type of force to handcuff that woman. She actually was cleared of all criminal charges so there wasnt even really a reason for her to be arrested in the first place.

The film doesn't lie, YPD's actions can be compared 2 a gang..The comparison is 100 percent valid...You cant call yourself fighting crime if you continue to commit them.

And whats with internal affairs clearing the officers? The entire department needs to be investigated...wait a minute, they are under investigation.

Right On!!

It is just amazing how you posters who wre not present at the incident, swallow as truth everything a lawyer says looking to make millions off the city.I got some real breaking news,lawyers do lie and lawyers do distort facts.

Yeah, lawyers looking for money do lie and distort facts, which is why YPD should make public its version of what happened and why. It better be good, because that video is disturbing.

This woman is a boozed up idiot who is obviously interfering with the cops. Was the force excessive?...maybe, but there is plenty of blame to be assigned to her too.

The shame of this whole thing is (1)The entire department will be unfairly dragged thru the mud and (2)The city's taxpayers will have to foot the bill for the lawsuit.

breaking news for 1:01
trust the YPD? LOL
that lawyer deserves every penny he earns for this one.

as disturbing as that video is it is also disturbing to know that our "transparent" authorities don't see the need to announce anything and this takes a year to see the light of day?

where the hell are the fed's.
this place is out of control.

The Yonkers cops are out of control. I would be afraid to call them. They would'nt last a month in New York City. They do not know how to handle sensative situations, or any situation that need discretion, and this administration keeps on protecting them. God help this City

Good idea 3:16. I'm sure the Feds would have no problem cleaning up Yonkers being no strangers to corruption and brutality themselves. Better yet, why don't you just shut the hell up instead of flooding this site with moronic statements like your last post.

New York City! They just blew away an unarmed guy with 51 shots. Thank god for the YPD. If you have such a hard for NYPD move to the city and take your chances with them.

Contrary to some of the ridiculous posts on the page (see 1:43,3:16,3:53) most citizens of Yonkers (which I am) enjoy the fine work of the YPD and we enjoy living in a relatively safe big city thanks to the YPD.

If this officer acted inappropriately he'll face the consequences of his actions. One rotten apple does not spoil the bunch and we are all innocent until proven guilty.

In the meantime let's call a spade a spade. This story hit the news because a law firm is looking for a big pay day and because news outlets want to sell papers and attract viewers. It's that simple folks. Stop making it out to be more than it's not.

3:59
another cop who doesnt know the meaning of freedom of speech.
too funny.

Another mutt and her lawyer looking for a easy money, and big payout!