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Ray Kelly Absolves NYPD Detective Found To Have Used "Gratuitous" Force By CCRB


By

Christopher Robbins

Published Jan 16, 2013

Modified Jan 16, 2013


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A still from a surveillance video appears to show NYPD Det. David Gross beating up Neal Malangone.

 


By

Christopher Robbins

Published Jan 16, 2013

Modified Jan 16, 2013


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Despite being granted prosecutorial power last year, the Civilian Complaint Review Board's authority is still derived from NYPD Commissioner Ray Kelly. Kelly recently exercised that authority by tossing aside the CCRB's ruling that an NYPD detective used excessive force against a suspect on camera. The Daily News reports that at an NYPD hearing Detective David Goss was found not guilty of beating Neal Malangone. But Goss, a 21-year veteran of the department, was found by the CCRB to have used "gratuitous" force while arresting Malangone for throwing a garbage can through a window during a prior incident.

Goss told the CCRB that Malangone refused to submit to verbal commands and acted as if he was going to fight, but the CCRB ruled that Malangone surrendered before Goss beat him with a baton. The incident was captured on a surveillance camera.

"Det. Gross is a consummate professional who, in attempting to arrest a violent felon that refused to follow simple instructions, used the minimum amount of force necessary to effect the arrest," Goss's attorney said. Malangone is suing the city for $25 million in a federal lawsuit at a time when legal complaints against the department are at a "historical high," and cost taxpayers $185 million in 2011.

From 2002 to 2010, 92% of the CCRB's recommendations were ignored by the NYPD. In 2011, the NYPD reversed course and followed their recommendations 81% of the time, and in 2012, 72% of the time.

The Bloomberg administration has stridently opposed the City Council creating a position of Inspector General to provide independent oversight for the NYPD, claiming at a hearing in October that doing so would "curtail" the mayor's power.

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Christopher Robbins

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Christopher Robbins is a New York City reporter covering transportation, affordable housing, local politics, and criminal justice. His work has also appeared in New York Magazine, The Village Voice and The New York Times. Chris is a graduate of Patrick Henry High School in Roanoke, Virginia, and enjoys biking to Fort Tilden in the summertime.

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