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By
WCBS
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Published: Mon, June 30, 2008 - 7:41 pm
A veteran Yonkers police officer is facing federal civil rights charges following a shocking incident caught on surveillance camera. 38 year old Wayne Simoes is now free on bond and has been placed on desk duty, but he faces up to 10 years in prison.
In March of 2007, Simoes was called to a Yonkers restaurant where a woman had been hit with a beer bottle. The woman's aunt, Irma Marquez, was upset and Simoes decided she had to be subdued.
He picked the 120-pound woman up off the floor and threw her to the ground, causing Marquez extensive injuries.
Defense lawyer Andrew Quinn says the video doesn't tell the full story.
"What the video doesn't show is the operation of Wayne Simoes' mind at the time of the incident," Quinn said. "That's what's going to be a critical issue in this case is whether or not his intent when he was subduing Ms. Marquez was to violate her Constitutional rights or cause any type of injury."
According to court documents, several Yonkers police officers who were at the scene that night told the FBI they thought Simoes' use of force was unreasonable and excessive.
Internal Affairs cleared Simoes of wrongdoing last March, but cops now say the internal investigation will be reopened.
A lawyer for Marquez says she suffered permanent memory loss from her injuries. Last month she sued Simoes and the department, seeking $11 million in damages.
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a picture of MeAmerican riding in the back seat of a squad car, that would be one picture i would pay good money for.