By Joy Bergmann
An NYPD officer from the Upper West Side’s 20th Precinct was indicted Wednesday for allegedly assaulting a man in the Apple Store at 1981 Broadway almost two years ago. Officer Salvatore Provenzano was arraigned on one count of third-degree assault in a courtroom packed with about 50 of his fellow officers and representatives from their union, the Police Benevolent Association of the City of New York (NYC PBA).
According to the indictment issued by Manhattan District Attorney Alvin Bragg, Provenzano was one of several police officers who responded to a call seeking assistance in removing a man from the store around 8:30 p.m. on October 19, 2021.
Around closing time, 9:00 p.m., Provenzano grabbed the man, who was not under arrest, by the right arm to escort him toward the exit, prosecutors said. The man pulled away from Provenzano. Provenzano then allegedly struck the man on the left side of his face, “causing him substantial pain.”
The incident was captured by body-worn cameras of several NYPD officers, prosecutors said.
Standing before the Hon. Maxwell Wiley, Assistant District Attorney Tavish Deatley said a Manhattan grand jury had reviewed the evidence, finding it sufficient for the assault charge.
“The People take seriously any incident where a member of law enforcement uses force without justification — and that is simply what we have here,” said Deatley. “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 then offered Provenzano the opportunity to plead guilty to a lesser charge: second-degree harassment, a violation (not a class A misdemeanor like third-degree assault).
Provenzano’s defense attorney Stuart London refused the offer. “We’re going to trial,” he said, calling the single punch “justified.”
In London’s recounting of the incident, several officers, including Provenzano, spent 40 minutes in the Apple Store attempting to persuade the man to leave.
According to London, the man had previously been “barred from the Apple Store,” due to incidents of allegedly disruptive and bizarre behavior, including “attacking security” staff there.
When closing time came on October 19, 2021, Provenzano, “put a hand on his elbow to escort him out, merely assisting him to the exit,” London said.
The man then made a move that had Provenzano reasonably in fear of being struck, London said. Provenzano reacted by striking the man “with one punch” that resulted in “no injuries at all” to the man.
With no agreement between the parties, Judge Wiley set the next court date for October 18 and released Provenzano on his own recognizance.
At a press conference immediately following the hearing, London, who is perhaps best known for representing former NYPD officer Daniel Panteleo in matters surrounding Eric Garner’s 2014 chokehold death, said officers did not attempt to arrest the man during the 40-minute store interaction because “[t]hey wanted to be sensitive to his bizarre needs at the time. He was acting irrationally. He had thrown his dinner on the floor, just disrupting customers in the store. They didn’t want to make a scene by engaging in physical activity with him, so they gave him every opportunity to cooperate with them. When the store was closing, and enough time had gone by, this officer [Provenzano] was the senior officer on the scene. So he decided to take action.”
London noted that, although the incident occurred in 2021, NYPD apparently did not believe it required disciplinary action against Provenzano, a 16-year veteran of NYPD’s 20th Precinct. Provenzano was put on “modified” duty only two weeks ago, London said. Because of the assault arrest and indictment, Provenzano will receive a 30-day suspension, he said.
London said he didn’t know why the DA chose to send the case to the grand jury in 2023. “You’d have to ask Bragg that. There’s no reason for this to ever have gone to a grand jury.”
During the press conference, newly elected NYC PBA President Patrick Hendry called the matter “a travesty of justice,” and unleashed criticism toward Bragg. “He is not on the side of business owners…not on the side of the people. He’s not on the side of police officers. He’s on the side of the repeat offenders.”
District Attorney Bragg responded to these remarks with an emailed statement to WSR: “We work in close partnership with the NYPD every day to achieve the shared goal of lasting public safety. Those sworn to uphold the law must be held accountable.”
With additional reporting by Daniel Katzive.
What was the punishment for the perpetrator if any?
The perpetrator is Alvin Bragg, and the people of the city of New York are the ones punished as Police Officers become less proactive, out of fear of The corrupt anti cop NYC environment.
A single punch. Repeat – a single punch. The man was acting out crazy, harassing people, refusing to leave. Let the officer go free and side for once with the law enforcing police rather than with the crazies who are making our lives crazy.
Remember that same advice from Hill Street Blues-“Do it to them before the do it to you”
Support your local police.
He should simply have placed the man under arrest for trespassing. Then he would have legally been justified in using whatever physical force was required.
Yes, it was a single punch. What if I punched you because I didn’t like the way you were acting? Do you think that would be ok and nothing should happen to me? I can throw a pretty hard punch, similar to the officer, I would assume. If you are ok with that, then I see your argument to letting the officer go.
There are other physical, but less violent actions the officers could have taken.
Departmental charges might have been more appropriate for this situation, but because the NYPD declined to bring any in the first place, I guess the DA would have to be the next step.
But I am impressed that it took 40 minutes before it got physical. But in that time, couldn’t an officer with special training in dealing with emotionally disturbed subjects have arrived on the scene? This officer should not have even been in a situation where he would have needed to throw a punch after that much time had elapsed.
The man was acting out his demons for 40 minutes. Yes, they should have placed him under arrest, but they did not. He was a menace to all who were there and he did not adhere to the police asking – asking – him to leave. One single punch is all it took. Now – if I was acting like this dude was acting, in a public place, refusing to tone down, and I got wallooped by a single punch that did not hurt me so much, as the report says, I( say I deserved it. And one more thing, you hit me, I hit back, and I own a pretty good left hook and a right cross.
Whether you can punch back is not the point, but thanks for the useless threat. According to the report, it caused “substantial pain.” The prosecutor said there was minimal injury, but that does not negate the substantial pain. Yes, he could have put him under arrest. I commend the officer for using his judgement and deciding that was not the best course of action. But he could have been ‘forcibly removed’ from the store without throwing a punch. Two officers, one on each arm, could have removed him. At least, it only took two of us to remove anyone from the bar back when I was bouncing. And in many people removed, never once did I have to throw a punch without the other person throwing first. That was the rule – we NEVER threw the first punch. But even if they did throw a punch, 3/4 of the time we did not have to resort to violence ourselves – same removal, just controlled their hands.
But more importantly, you said you would be ok if I punched you (your threat not withstanding) if you were acting like he had been. But from the above article, it just says, according to the officer, he was acting irrationally and disrupting customers. The only actual fact given about his behavior was that he had “thrown” his dinner on the floor. So can you please describe to me exactly what actions he made during those 40 minutes that you feel deserved a punch? Please be specific, not just give vague answers like “he was disruptive” or “his behaviors were irrational/bizarre.”
Look, getting people out of a bar is one thing, getting them out of an Apple store is another. It’s a large space with lots of people. The guy was already in trouble with this particular store, being banned from it in the past. You seem to place such heavy meaning to the punch itself and not to the trouble the man was causing the people in the store. I get that a punch can hurt, but really – it’s a small price to pay for being a pain in the butt, continuously. And tell me please why after two years the case is brought up to a grand jury, two years, quite a long time, no?
And BTW – I said if you punched me I’ll punch back, something you most likely would do as well. It was not a threat, just a fact.
Cheers
You mean specially trained in a department where officers are underpaid and the budget is not what it should be? I think that happens in a place called Fantasyland
Excellent. It is encouraging for the law-abiding citizen to see that every case of random punching, even if 2+ years old, will lead to unrelenting prosecution until the perpetrator is found, arrested and indicted – and all very publicly.
Long may it continue. Not a single case dropped!
Bet you would feel differently if your kid or spouse worked in the store and had to face a circumstance like this while they’re trapped in their work environment.
I read Peter’s comment as an ironic one. Note “not a single case dropped”
“… spent 40 minutes in the Apple Store attempting to persuade the man to leave… the man had previously been “barred from the Apple Store,” due to incidents of allegedly disruptive and bizarre behavior, including “attacking security” staff there… The man then made a move that had Provenzano reasonably in fear of being struck … He was acting irrationally. He had thrown his dinner on the floor, just disrupting customers in the store.”
Way too much of this on the UWS. This guy was not even arrested, but Bragg is going after the police officer. How are stores going to prosper when our DA seems to care more about enabling violent crazies than protecting the public?
We have violent repeat offenders roaming the streets for years, committing more and more crimes. But yes, let’s focus on a single slap.
Punch. There’s a difference, and you know that. You can argue that it was still warranted, but no need to change the facts.
Well I for one am glad that Bragg’s department has found the time to pursue this case over countless other ones that affect quality of lives of many, eg repeated thefts/burglaries. /s
Cops think they’re above the law, you’re not allowed to assault someone just for moving his arm away from you lol Violent thugs
I am very curious what caused the 2 year delay. Did the man he struck, or an agent of his, just recently go to the DA about the incident? Was it because the NYPD dragged their feet with the camera footage? Did the DA hem and haw over whether to charge him?
When I was a kid, nut jobs like this guy got a good whacking with a baton if they didn’t obey a cop or resisted arrest.
Thank god for progress.
I think progress would be going back to a time when there were consequences for crime, and you would see the crime rate drop dramatically.
The anniversary of Eric Garner’s death was this week, police misconduct is still prevalent in our everyday lives I’m afraid
Suuuure.
prev·a·lent (adjective) – *widespread* in a particular area or at a particular time.
The DA was 100% wrong and should’ve never sent this case to the grand jury. The officer was correct what he was trying to do and very civilized and professional. I have nothing but the highest appreciation for the 20Th Precinct on how professional and well manner they all are above all other presents in Manhattan, or the five boroughs! The guy must’ve been a total knucklehead eating dinner in an high tech computer store like the Apple Store?
Who in their “right mind” would be having their dinner in a store of the stature and acting crazy, harassing the customers and refusing to leave!! He’s lucky I wasn’t there!!!
And this guy had been violent in the store on earlier occasions.
Alvin Bragg strikes again.
Let’s continue to discourage police from doing their jobs and encourage stores like Apple to close their shop and move elsewhere. Never ending nonsense.
It is NYPD’s job not to assault people, something they can’t seem to handle
These NYPD officers.. Risking their lives, doubt ungrateful work when perpetrators are released immediately, but let’s throw a blanket statement at them saying they “can’t handle not assaulting people”
It doesn’t stop to amaze me how some of our Progressive neighbors don’t hesitate to jump to defend criminals and demonize the police.
Uh, yes, actually it wasn’t assault. It was an effort to subdue the perpetrator and get him to comply with orders he ignored for 40 minutes. Do you really think cops should waste their time coddling criminals? Or are you fantasizing how you could have “handled it.” You want, you want, you want. Well, too bad. I don’t. The NYPD had to make an arrest. If someone doesn’t want to get punched or hurt, compliance is a good idea. I am sick of this and so is most of NYC. It’s time criminals found out that getting injured is the consequence of their “job.”
In fact according to this article the man was not under arrest. Oh course NYPD has a difficult job but the laws in New York don’t allow for police to punch people in the face and a grand jury agreed.
Your and my taxes pay the bill when the NYPD is sued for assaulting citizens – they have just been ordered to pay $13.7m in damages for their behavior in the 2020 protests.
That’s ONLY because the Law Department fails to do ITS job of going to court. That wasted $13.7 million could have been avoided if the lawyers for the City did not settle out of Court. This Officer was offered a deal and declined, because going to Court and airing truth is the right and better thing to do. Assault is a very nebulous and fluid and interpretive charge. The Officer says he thought the perp was going to hit him, so he went there first. The man’s history leads me to believe the Officer is right and justified. This has all got to end.
That’s cut & dry assault under color of law.
If you think that assault is “justified” – look at what this sort of policing costs the city
https://www.nytimes.com/2023/07/20/nyregion/nypd-george-floyd-protesters-settlement.html
And there are a LOT of WSR commentators who apparently believe in this sort of *illegal* policing. Rule of law applies to all here. Police included
Yes, thank you for sharing the very sentiment I had this morning reading about the settlement. All this thuggish nonsense just ends up costing us money. We need police to do their jobs, in every aspect. The argument that we shouldn’t go after misconduct because it discourages cops from doing their actual jobs is ridiculous. Would you accept that from any other kind of worker? They work for us. This has happened under every kind of budget and financing, so the money argument just doesn’t hold water. It’s not about that, it’s about an old culture that needs to be reinvented. We’re better than this.
I vote acquittal. Next.
One can be a card-carrying Upper West Sider and still find this prosecution absurd, I’m living proof of that.
I lost sleep last night, rehearsing what I thought should be said here. How can we punish a policeman for losing his temper around a clearly mentally unbalanced man who had been harassing the store and it’s customers? In fact, it would seem, from this reading that the cops kept cool much longer than any normal person would. How can we expect the cops to give tickets for ignoring a red light or for e-bikes speeding through crosswalks, or refusing to yield to pedestrians, if we are chastising them for doing an excellent job of corralling the problem people in our neighborhood.
The officer never lost his temper, he reacted to a threat with the appropriate level of force.
The man was known by employees at the store to have issues. Why were cops even involved? Why not a mental health specialists? No one wins here. This is how disturbed people end up being needlessly killed.
“Why not mental health specialists?” Lol. It’s easy to sit comfortably at one’s computer Ivory Tower and imagine that some fantasy “mental health specialists” can appear and solve all such problems with kind words and a reasonable tone of voice. I wonder how you would try and deal with violent/crazy individuals if you were actually there and not safe at home (where it’s easy to say “oh they should never use any force, no matter a person’s behavior.”)
And what if a mental health specialist was not available?
The OP reports that this guy was barred from the store because he had previously attacked security staff at the store. So he was apparently known to have a propensity for violence. Then, what mental health specialists? You call 911 and ask, “quick, send mental health specialists!”? And in the moment, who is going to decide how to measure the risks if the police are NOT called? Did the guy have a knife, perhaps? Hard to tell in the moment.
What does “barred from the store” even mean if Apple was not able to prevent him from coming in?
As someone who worked in retail for just over 20 years, I can tell you that there were instances where we would tell a troublesome (or suspected thief) that they were not welcome anymore. And if possible, if they did try to come back (and any of the staff recognized them as a “banned” person), we were allowed to tell that person to please leave. However, if the person becomes violent/argumentative/confrontational, we were ordered (under threat of being fired) to not interfere any further, just keep an eye on them. The company did not care about our safety or that of other customers, by the way. They just did not want to be open to lawsuits if anyone got hurt. If the person threatened any of us, however, we were allowed to call the police. I side with the police here. They tried to convince the guy to leave for a very long period of time and the staff was not able to close the store and go home until the situation was concluded. Their only mistake was in ultimately not arresting him, even if only for something minor, like disorderly conduct.
There are no key cards at the Apple store
I know. This absurd notion that an unarmed, “mental health expert” is going to anything but get injured or killed is insane. The reason cops are called is because civilians cannot handle the situation.
In reality, mental health experts deal with violent, unstable mentally ill people every day, without weapons. Sometimes they are injured. Often, they are able to calm people down and get them to cooperate without injury to everyone.
It isn’t always going to be feasible, but it isn’t a stupid idea.
Bragg needs to be voted out as soon as possible. This is ridiculous. No one, even cops, can defend themselves or do their job anymore. It is absolutely no wonder why criminals have the run of this City. Anyone running for DA should be required to do ride alongs and get in the middle of an arrest and see what happens. What a ridiculous notion to think a cop has all day to cater to the psychotic, deranged actions of one lousy perp disrupting everyone in a busy establishment. VOTE BRAGG OUT! NOW!
The only way to send a message this year is to vote for Diane Di Stasio for city council this November. She is running against Gale Brewer. Right now, this is it.
Unfortunately New York does not allow recall elections.
I wish you’d write an article for WSR regarding what the police is going through lately, how difficult their job has become, how demoralised they are. It is incredible how demanding some people are , the very same crowd that was cheering defund the police movement.
I was there that night. It was horrifying to see this insane person not responding to the police. The police did nothing wrong. Bragg needs to go!
This Officer will eventually be ok, however because of Alvin Bragg and a Cop hating CCRB, this Cop will personally lose tens of thousands of dollars, lost pay, lost overtime, Plus the stress that comes with the unknown. More likely than not this officer will never be the same, any love or loyalty he had for the people of the city of New York will most likely be lost. He will finish out his career and simply go thru the motions. When cops are mistreated like this, they become empty suits, sure I know people here will say hey cops still have to do their job, these commentors. do not understand how civil service works. Cops who love the job, love helping people and are really really good, make the same money as the dumbest laziest one. I suspect this cop will become much more cautious, and in the same situation realize he really doesn’t care if this guy moves into the Apple store and they have to go to landlord tenant court to get him out.
This is a great way to chase businesses out of NYC, who are business owners suppose to call now when they have lunatics causing chaos inside their stores? Alvin needs to examine his priorities or get a different job. But i bet he is very proud of that indictment, what a travesty. How did Manhattan go from Robert Morgenthau to this disaster?
THIS Bragg decides to prosecute. His agenda has been made abundantly clear.