A judge sentenced the NYPD officer who stomped on a man's head as he was facedown and restrained by other cops to two years probation today. Joel Edouard, 37, attacked Jahmi-El Cuffee on Malcolm X Boulevard in Bedford-Stuyvesant in July, 2014, as fellow officers subdued Cuffee, who they had accused of smoking marijuana in public. The charges against Cuffee were later dropped, and according to the Brooklyn District Attorney's Office, the city paid him $94,000 when he filed notice that he intended to sue.
Judge Alan Marrus convicted Edouard of misdemeanor assault in April. Brooklyn prosecutors had asked for a sentence of two months imprisonment.
"I don't see any need to incarcerate...the victim recovered and was compensated through civil judgement," Marrus said. "This incident was a setback for police community relations."
Brooklyn District Attorney Ken Thompson, who asked for no jail time for Officer Peter Liang for fatally shooting a man named Akai Gurley in an East New York housing project stairwell, said in a statement that Edouard's offense was egregious:
This police officer intentionally and needlessly stomped on the head of a suspect who had already been restrained by fellow officers. And he did so in broad daylight and in front of a crowd of people. He deserved to spend time in jail for committing such a blatant act of police brutality, but we accept the sentence imposed by the court.
As a condition of the sentence, Marrus ordered that the NYPD fire Edouard, or failing that, he resign immediately. An NYPD rep said the department has fired Edouard. He was put on desk duty following the assault, and then suspended without pay following his conviction. Edouard's lawyer, Anthony Ricco, had asked the NYPD to keep Edouard on the force, calling him in an interview "exactly the kind of person the police department has been looking to recruit."
Video of the violent arrest shows Cuffee struggling with Edouard and another officer on a sidewalk. After they've taken Cuffee to the ground, Edouard points a gun in his face. When backup arrives, Edouard paces the area, agitated, and as other officers continue to struggle with Cuffee, who is face-down on the ground, Edouard returns to his side and stomps his head into the pavement.
"He abruptly stomped on top of the gentleman’s head," said Gary Dormer, who shot the video, back when it came out. "He lifted his foot with excessive force and came down like he was stepping on an ant or a roach or something at the time."
Cuffee said that the blow left him with a cut, and later caused him to suffer from headaches, dizziness, and nausea.
"I'm not a violent person, okay?” Edouard said at court today. "I'm in no way a violent person. This was an unfortunate and regretful incident."
