By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — A former police officer charged with beating an Iraq war veteran needed to use force against the man to defend himself, the officer's lawyer said in opening statements on Friday.
"I'm going to f**king kill you! I'm a vet!" Walter Harvin, then 28, allegedly shouted at the officer, David London, before throwing punches, London's attorney argued at the assault trial.
Although the incident was caught on video — which was shown to jurors Friday afternoon — the surveillance system does not record sound, so the purported threat was interpreted from lip-reading.
London is charged with beating Harvin, even when he was in handcuffs, after he wouldn't show him identification upon entering his mother's public housing building at West 93rd Street and Amsterdam Avenue on July 18, 2008.
He also faces a felony falsifying documents charge for allegedly signing off on a criminal complaint that recounted a false version of the events.
The video shows a resistant Harvin shoving London with two hands at the door as he asks for ID.
Then, London and his partner follow him into the building and Harvin throws a punch as the officers stop him from boarding the elevator.
The video also shows London beating Harvin with a baton. He hits the man about 15 to 20 times, including several times after he was handcuffed.
Defense attorney Stephen Worth said that Harvin's actions demanded force from London, a 14-year NYPD veteran who was simply trying to restrain the unruly man during his overnight shift.
"For whatever reason, Mr. Harvin completely ignores him, walks past him and at one point shoves a uniformed New York City police officer," Worth said. "This is not an assault — this is the use of necessary force in order to make an arrest."
The video will be the primary piece of evidence in the case because Harvin cannot be located to testify, prosecutors said. Judge Thomas Farber said Harvin was believed to be drifting across the country, staying in homeless shelters and veterans' hospitals.
Prosecutors said London used excessive and unnecessary force, acting only out of fury because Harvin, who was suffering from post-traumatic stress disorder, had been handcuffed and calmed down by the time the additional baton beating occurred.
"If this had been a boxing match, the referee would step in and stop the fight," said Assistant District Attorney David Drucker, insisting Harvin was no longer a threat to the officer.
Witness testimony will continue Monday. Harvin's mother and a bystander are expected to testify.
