A New York City police officer was arraigned on a third-degree assault indictment in Manhattan Supreme Court on Wednesday for allegedly striking a man in the face while trying to kick him out of a store, according to the district attorney’s office.
The officer, Salvatore Provenzano, pleaded not guilty.
Prosecutors said Provenzano grabbed a man’s arm while attempting to remove him from an Apple store near Lincoln Center. When the man tried to pull away and turned toward the exit, the DA’s office said, Provenzano hit him in the face. Several officers’ body cameras recorded the incident, which occurred on Oct. 19, 2021, according to the DA’s office.
“Those sworn to uphold the law must be held accountable,” Manhattan DA Alvin Bragg said in a statement.
Provenzano was released on his own recognizance — meaning he did not have to pay bail — and is expected back in court this fall. The Police Benevolent Association and the officer’s attorney did not immediately respond to requests for comment.
“The People take seriously any incident where a member of law enforcement uses force without justification — and that is simply what we have here,” Assistant DA Tavish Deatley said in court, according to the DA’s office. “Having said that, this is an incident involving a single punch, minimal injury and an officer with no known history of this type of conduct.”
Deatley said prosecutors have offered Provenzano a plea deal for second-degree harassment, which is a violation, and a sentence of time served. The officer would also have to permanently waive his right to have the case sealed. His attorney has not accepted the deal, prosecutors said.
Provenzano’s officer profile on the NYPD website showed as of Wednesday morning that he had been assigned to the quartermaster section, a brick building in Queens that stocks office supplies for the department. But a police spokesperson told Gothamist later that he had been suspended without pay. The NYPD did not comment further on the indictment.
Provenzano, who joined the department in 2007, has been the subject of six civilian complaints, according to a city database. In one case, investigators at the Civilian Complaint Review Board found the officer had violated policy when he refused to provide his name and shield number. The watchdog agency recommended discipline in that case for abuse of authority and discourtesy.
Two other complaints have been closed pending litigation according to disciplinary records — one for force, abuse of authority and discourtesy during a traffic stop in 2018 and another for force when using a non-lethal restraining device in 2020. For the other allegations against Provenzano, investigators did not substantiate wrongdoing or the complaint was withdrawn.
Provenzano’s record shows he received one award from the department in 2016 for excellent police duty.
