The dismissal of the four Pace college students has once again brought into question should police investigate police and should the District Attorney’s office request an independent investigator for questionable police shooting.
Delpeche, 23, of Brooklyn, Parker, 23, of Florida, and Garcia, 22, of Floral Park had been charged with disorderly conduct and obstruction. They were accused of disrupting police efforts to control the crowd after the shooting, and interfering with efforts to aid Henry. Delpeche was shot with a stun gun.
Romanick, the team’s quarterback, who is from Louisiana, was accused of smashing a bagel store window after a shoving match with another man. He’d been charged with felony criminal mischief.
All of these charges were dismissed by Town Justice Robert Ponzini.”You should go forward with a clean slate,” he said, “You leave this court as the day you came in — without a criminal record. Go forward and make the best of your life.”
The attorney for the four Pace collage students, Ms. Zelman has obtained videotaped footage and photographs proving the serious and unlawful misconduct of law enforcement personnel in the arrests and prosecutions of these four defendants after their teammate Danroy Henry, Jr. (D.J.) had been shot by police.
The Westchester District Attorney’s Office has withheld production to the defense of surveillance and police videotapes of the scene which defendants believe contain exculpatory evidence.
The video and still pictures demonstrate serious questionable actions of police misconduct but they show that there was no “crowd of unruly onlookers” threatening to invade any crime scene perimeter.
- Photograph depicting a uniformed police officer run around the corner of his police car taking a two-hand support stance [meaning aiming for accuracy and ready to fire] pointing his gun at innocent unarmed college students.
- Photograph with female students huddling together and police with guns drawn.
- Photograph with unarmed students being threatened by police with guns drawn.
- Photograph depicting student with his arms raised high in the air and police with guns drawn.
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The defendant Daniel Parker exhibited his CPR first aid certification to police and had a gun put to his ribs, and was charged at by police who physically assaulted him. The defendant, Yves Delpeche, with his hands raised high up in the air, asked to be allowed to help D.J. and was tasered twice in the abdomen.
The Taser X26 is a device that causes electro muscular disruption [EMD] over the central nervous system. There is a shaped pulse 
discharge of 2.1 millilamps of 50,000 volts which amounts to a disruptive shock to the nervous system causing the victim to collapse. The device hits a person with two separate probes that penetrate into the body. Training on the use of the taser considers that the device is NOT TO BE USED IN THE FRONT OF THE PERSON’S BODY (COMPLICATIONS WHEN USED CLOSE TO THE HEART AND OTHER MAJOR ORGANS].
The taser should not be the weapon of first resort and its use is not justifiable where the officer is not directly threatened with the imminent use of equal if not greater force. The defendant Joseph Garcia, who was unarmed and not threatening force upon anyone, was also “tased”.
The District Attorney’s Office or any law enforcement official has offered no justification for tasering two defendants and brutally beating the two other defendants. The fact that each of the defendants sought to aid and help D.J. as he lay wounded and dying in not as asserted, a concession that defendants disobeyed the commands of police, nor is the intent to aid DJ Henry while he lay dying conclusively probative evidence of intent to disregard lawful police commands at a crime scene.
