This is the guy who MACEd the three young women behind the restraining screen. You've all seen the YouTube.
Here's the AP statement as reported without investigation in RUPERT'S UNDERWEAR, formerly "WSJ."
NEW YORK — An internal New York Police Department review has found an official violated department guidelines when he used pepper spray on Occupy Wall Street protesters last month, a person with knowledge of the investigation said Tuesday.
Deputy Inspector Anthony Bologna faces discipline of a loss of 10 vacation days after the Sept. 24 incident near Union Square, shortly after the now-global protests began in a tiny private plaza in lower Manhattan, the person said. The person had direct knowledge of the review but was not authorized to speak publicly and spoke to The Associated Press on condition of anonymity.
But then DNAinfo.com and Murray Weiss's "On the Inside" column pulled out this NYPD statement:
"Bologna may have made a mistake in judgment and deserved a rip. But it is hard to see a crime here."
"Bologna says he saw three young men on the ground trying to grab officers' legs from under the netting in an attempt to upend them. He marched over, took out his can of pepper spray and unleashed a blast. But he missed his mark and instead sprayed the four women...."-- from Weiss, quoting his notes from interviewing Bologna
Yeah, Bologna claims he aimed at three males on the ground but missed. From two feet away from the four women, he hit all four of them with "a miss."Kaylee Dedrick, and her lawyer, Ronald Kuby, went in and filed a criminal complaint against this Deputy Inspector Anthony Bologna. To be clear here is 2nd Degree Assault:
§ 120.05 Assault in the second degree.
A person is guilty of assault in the second degree when:
1. With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person; or
2. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person by means of a deadly
weapon or a dangerous instrument; or
3. With intent to prevent a peace officer, a police officer, a
firefighter, including a firefighter acting as a paramedic or emergency
medical technician administering first aid in the course of performance
of duty as such firefighter, an emergency medical service paramedic or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, a traffic enforcement
officer or traffic enforcement agent, from performing a lawful duty, by
means including releasing or failing to control an animal under
circumstances evincing the actor's intent that the animal obstruct the
lawful activity of such peace officer, police officer, firefighter,
paramedic, technician, city marshal, traffic enforcement officer or
traffic enforcement agent, he or she causes physical injury to such
peace officer, police officer, firefighter, paramedic, technician or
medical or related personnel in a hospital emergency department, city
marshal, traffic enforcement officer or traffic enforcement agent; or
4. He recklessly causes serious physical injury to another person by
means of a deadly weapon or a dangerous instrument; or
5. For a purpose other than lawful medical or therapeutic treatment,
he intentionally causes stupor, unconsciousness or other physical
impairment or injury to another person by administering to him, without
his consent, a drug, substance or preparation capable of producing the
same; or
6. In the course of and in furtherance of the commission or attempted
commission of a felony, other than a felony defined in article one
hundred thirty which requires corroboration for conviction, or of
immediate flight therefrom, he, or another participant if there be any,
causes physical injury to a person other than one of the participants;
or
7. Having been charged with or convicted of a crime and while confined
in a correctional facility, as defined in subdivision three of section
forty of the correction law, pursuant to such charge or conviction, with
intent to cause physical injury to another person, he causes such injury
to such person or to a third person; or
8. Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant recklessly
causes serious physical injury to such person; or
9. Being eighteen years old or more and with intent to cause physical
injury to a person less than seven years old, the defendant causes such
injury to such person; or
10. Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
(a) causes such injury to an employee of a school or public school
district; or
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
chapter.
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator or station agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its political
subdivisions, a city marshal, a traffic enforcement officer or traffic
enforcement agent, he or she causes physical injury to such train
operator, ticket inspector, conductor, signal person, bus operator or
station agent, city marshal, traffic enforcement officer or traffic
enforcement agent while such employee is performing an assigned duty on,
or directly related to, the operation of a train or bus, or such city
marshal, traffic enforcement officer or traffic enforcement agent is
performing an assigned duty.
12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person, and
the actor is more than ten years younger than such person.
Assault in the second degree is a class D felony.
To repeat: Bologna's defense is that he missed. From two feet away from the three women, he missed aiming the can.
He has committed himself to a defense that relies on a 90-degree mistake aiming an aerosol can.
We'll see how this goes. We have no information that this "I MISSED" defense has worked in any Assault by pepper spray case. Seems odd, at best. Maybe doing 30 years in NYPD changes the rules.
Whatcha think ?
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