A former NYPD sergeant, Christian Zapata, 37, has been convicted of attempted assault after repeatedly punching a man during a 911 call about an emotionally disturbed child.
Despite the conviction, Zapata avoided jail time as Manhattan Supreme Court Justice Curtis Farber sentenced him to time served. He was acquitted of the more serious charge of third-degree assault, which could have resulted in a one-year prison sentence, as reported by The New York Times.
Zapata, a Bronx ex-NYPD sergeant, allegedly punched 43-year-old Jerome Collins 13 times in under nine seconds on December 7, 2022, after Collins requested officers wear facemasks.
Manhattan District Attorney Alvin Bragg stated that Collins posed “no immediate danger or physical threat” during the incident.
Police responded to the Harlem residence after Collins’ girlfriend called for help with her 15-year-old autistic son, according to The New York Times. During the incident, Collins asked the officers to wear facemasks, but they refused.
The situation escalated when Zapata, then with the NYPD’s 32nd Precinct in Harlem, accused Collins of interfering with medical workers and warned him of arrest if he continued.
“You’re interfering with the process, you’re gonna end up under arrest,” Zapata told him, according to body camera video footage released by Bragg’s office.
A scuffle erupted when an officer grabbed Collins’ wrist, prompting Zapata to punch him in the face repeatedly while his girlfriend screamed, “No! No!” in the background.
Two other officers intervened pleading with Zapata to stop the assault. Despite being handcuffed, Collins reassured his girlfriend that everything will be fine.
“You ain’t gotta worry,” he told her. “It’s all right. It’s all right.”
During the incident, Collins’ 8-year-old son cried in the background.
“Daddy’s all right! Daddy comes home!” he told the boy.
Collins was initially charged with resisting arrest and obstruction of justice, but both charges were later dismissed, according to The New York Times.
Zapata was suspended by the NYPD and demoted from sergeant to police officer following the incident. He later resigned on January 3.
“Police officers have challenging jobs and I have the utmost respect for our men and women in uniform, but the use of unlawful force cannot be permitted,” Bragg said Wednesday.
“Holding members of law enforcement accountable when they break the law is essential for public safety and upholding the public’s trust, and I thank our team of prosecutors for their hard work to secure this conviction.”