DA Alvin Bragg cuts break for women allegedly caught on video attacking NYPD cops

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Senior News Editor since 2004

DA Alvin Bragg cuts break for women allegedly caught on video attacking NYPD cops​



By
Larry Celona and

Jorge Fitz-Gibbon


June 23, 2022 6:56pm
Updated









Two people arrested after caught-on-video brawl with cops






Manhattan District Attorney Alvin Bragg cut a break for two women who allegedly attacked NYPD cops in a wild caught-on-video assault — letting one of them off the hook and downgrading the charges for the other, The Post has learned.
Kimberly Rivera, 33, one of the accused combatants in the Tuesday evening melee in East Harlem, had her felony assault charges dropped to third-degree attempted assault, a misdemeanor, officials confirmed.
Her compatriot, Felicia Davis, 32, fared even better — Bragg’s office dropped the charges against her entirely, though a spokesperson said she may eventually be issued a summons.
“Once again the Manhattan district attorney has let the good, hard-working people of Manhattan down,” one Big Apple cop told The Post.
“The cops were called there by the people who are prisoners of their homes,” the source fumed. “And when they try to clear the corner of the problem the district attorney blocks the cops and protects the criminals.”
The out-of-control battle erupted around 6 p.m. Tuesday on Madison Avenue near East 105th Street when cops asked Davis to stop blasting loud music at the scene.
District attorney candidate Alvin Bragg speaks during a Get Out the Vote rally at A. Philip Randolph Square in Harlem on November 01, 2021 in New York City. Manhattan District Attorney Alvin Bragg’s office dropped the charges against one of the attackers entirely, while reducing charges for the other.Michael M. Santiago/Getty Images
Cops said Davis ran off when cops confronted her, leaving her speakers behind.
When she returned, police alleged Davis refused to provide identification and scuffled with the officers when they tried to take her into custody.
That’s when things got even more bizarre. Another woman, later identified as Rivera by authorities, was allegedly seen on video coming up behind the cops and appears to try to hit and spit on the officers.
Video footage shows the officer taking down the attacker.Wild video captured the moment a duo attacked NYPD cops who attempted to arrest a woman blasting music on an East Harlem street Tuesday evening. _livito_/Instagram
An unidentified man wearing a red hoodie is seen coming up on the officers throwing punches, but then runs off down the street and gets away.
Both women were initially charged with disorderly conduct, resisting arrest and assault.
But a spokesperson for Bragg’s office said prosecutors couldn’t make the raps against Rivera stick because the cops involved in the fracas could not prove that they had been injured — so they went with the next highest possible charge allowed.
Officers hold back one of the women.Both women were initially charged with disorderly conduct, resisting arrest and assault._livito_/Instagram
The office also defended the decision not to prosecute Davis, saying the case against her constituted “summonsable, non-criminal offense.”
“During Ms. Davis’ arrest, she first asked to be arrested, willfully put her hands behind her back and waited to be handcuffed,” the DA’s office said in a statement Thursday.
“At one point during her arrest, she momentarily put her feet up against the police car to prevent police from placing her in the vehicle but did nothing else to prevent her arrest and was placed n the car,” the office said.
Woman is hitting officer.Rivera was allegedly seen on video coming up behind the cops and appears to try to hit and spit on the officers._livito_/Instagram
A man is arrested by officers.Charges were dropped against Davis because the case against her constituted “summonsable, non-criminal offense.”_livito_/Instagram
“Under the totality of the circumstances, the People would not be able to prove that Ms. Davis intentionally prevented or attempted to prevent a police officer from arresting her, and therefore declined to prosecute her for resident arrest.”
The statement added that Davis “may still be issued a summons for the underlying, summonsable, non-criminal offense.”
One police source who spoke to The Post wasn’t buying it — and noted it was a 311 call from the community that got cops there in the first place.


“It was due to [Davis’] actions that a 311 call was made, which led to the cops putting themselves in danger,” he said. “She should be held accountable.”
Bragg has been under fire by critics since he took office in January and vowed to reduce charges on a variety of crimes, earning him a soft-on-crime reputation among cops. The embattled prosecutor later reversed some changes.
 
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