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Infamous NYPD Sergeant Points Gun At Man Recording Her, Then Busts Into Apartment And Arrests Him

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Plain clothes Sgt. Diana Pichardo

A NYPD sergeant is facing disciplinary action for pointing her department-issued gun at a Brooklyn man who was recording her with his cell phone, the Daily News has learned.

Sgt. Diana Pichardo then confronted the man, David Rivera, called him a “motherf—–,” and snatched the phone from his hand — which was all captured on a recording.

Rivera, who was arrested on a slew of felony charges which the Brooklyn district attorney’s office declined to prosecute, reported the shocking incident to the Civilian Complaint Review Board. The CCRB substantiated Rivera’s allegations that Pichardo pointed her gun at him, abused her authority by searching his apartment without a warrant, and spoke discourteously to him.

Rivera’s video, which he shared with The News, is the second video to surface recently which depicts an NYPD cop pointing a firearm at someone merely holding a phone. Harlem cop Risel Martinez was stripped of his gun and badge last month after he was caught on camera menacing onlookers and punching a man recording him.

“I think many police officers fear the camera and attempt to stop the recording because they’re concerned it’s going to be used against them,” said lawyer Jason Leventhal who plans to file a lawsuit on Rivera’s behalf this week in Brooklyn Federal Court.

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David Rivera claims he was illegally arrested in his Brooklyn apartment for videotaping an arrest in the hallway.

 

Pichardo, a 13-year-veteran who is known on the gritty streets of Coney Island by the nickname “Pocahontas,” has been named as a defendant in 20 federal lawsuits. The city has paid out settlements of nearly $400,000 to the plaintiffs, according to court records.

An NYPD spokeswoman said a disciplinary case against Pichardo stemming from the phone incident is “ongoing” and that her lawsuit history has been reviewed by the NYPD. Pichardo’s union lawyer did not immediately respond to a request for comment.

Rivera, 45, was watching the film “50 Shades of Grey” with his girlfriend on March 8, 2015 when he heard a commotion in the hallway at the Marlboro Houses. He saw three neighbors fighting with cops and began recording the action with his phone.

Additional officers, led by Pichardo, arrived and helped subdue the goons. Pichardo is shrieking into her portable radio, then inexplicably points her gun at Rivera who can be heard saying, “Don’t point that gun at me!”

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Rivera captured Sgt. Diana Pichardo on his cellphone pointing her service weapon at him, then forcibly seizing the phone and supervising an alleged unlawful search on his apartment.

 

Rivera was ordered by a cop to go back inside his apartment. He is still recording from inside the doorway when Pichardo rushes up to him.

“Who are these people to you?” she yells at Rivera. “Give me the phone, motherf—–!”

A cop pulled Rivera out of his apartment into the hallway where he was handcuffed. The cops apparently were unaware that Rivera, who installs security systems for a living, had installed cameras in various rooms of his apartment. Those cameras recorded a swarm of cops filing into his apartment and searching the rooms in front of his shocked girlfriend.

Rivera was held in police custody for 43 hours before he was released without seeing a judge.

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A snapshot from the tussle shows Pichardo (l.) grabbing for the phone.

 

“They saw a camera and pegged me as the enemy,” he said.

Leventhal noted that his client’s video contained evidence that not only exonerated him of any wrongdoing, but also helped show the cops were attacked by people other than Rivera.

The officers were legally arresting the men who were fighting with them, but it was clearly unlawful when officers grabbed Mr. Rivera’s cell phone, arrested him, and entered and searched his apartment,” Leventhal said.

Source  I am bored

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