An NYPD officer was seen on video appearing to kneel on a Black man's neck during an arrest in Queens last week, provoking comparisons to the police killing of George Floyd that ignited waves of protests nationwide this spring.
SirCarlyle Arnold, a 34-year-old Long Island resident, was arrested in Jamaica, Queens on Friday. He was charged with misdemeanor reckless endangerment for allegedly operating an illegal ATV.
Video of the encounter shared by Arnold's attorney shows one of the officers appearing to place his knee against the man's neck for several seconds. Multiple bystanders can be heard begging the officer to remove his knee. At least two of the officers involved in the arrest are not wearing face masks, in violation of the department's COVID-19 protocols.
In a phone interview, Arnold told Gothamist he was participating in a group ride-out for a recently deceased friend, and had no intention of defying the officers' orders. He said he was dismounting his quad bike when he was thrown to the ground unexpectedly by several officers.
"I was not resisting at all. I’m laying on the ground, there's no need to have your knee on my neck for over a minute," Arnold said. "You guys treated me like this for no reason after all this stuff that just went on?"
He added he suffered knee and neck injuries in the confrontation, which he only noticed later, after the adrenaline wore off.
The arrest could pose one of the first major tests of a contentious chokehold ban passed by the City Council in the aftermath of Floyd's death. The law makes it a misdemeanor for cops to use several methods of restraint, including kneeling on a person's back or neck, or restricting the flow of air by blocking their windpipe, in the course of an arrest.
In July, after the legislation was passed, the NYPD circulated a training video to all officers urging them not to subdue suspects by sitting on them or placing any pressure or their neck or back — and to step in and stop colleagues who are using the illegal tactics.
A month later, the legislation was amended, following sustained backlash from police unions and NYPD brass, who claimed the law would disincentivize cops from enforcing crime. "Any cop who's ever fought with someone on the street, trying to get him into cuffs, there's a great possibility that your knee is going to end up on that individual's back, and now this new law is criminalizing it," Chief of Department Terence Monahan said at the time.
In a statement on Wednesday, the Legal Aid Society called on Queens District Attorney Melinda Katz to prosecute the unidentified officer under the new law, and to drop all charges against Arnold.
In addition to the reckless endangerment charge, Arnold faces four vehicle and traffic violations, as well as a charge for unlawful marijuana possession.
Neither the Queens DA nor the NYPD responded to Gothamist's request for comment.
Olayemi Olurin, an attorney with the Legal Aid Society representing Arnold, said she had little faith that the officer would face discipline if the district attorney declined to prosecute. So far, no NYPD officers have been charged under the new chokehold law.
"It's been allowed for officers to behave illegally against poor Black and brown people since the dawn of time," Olurin told Gothamist. "On the heels of legislation and what happened George Floyd, not punishing these officers is continuing to legitimize their behavior and their misconduct."
