Quantcast

The DNAinfo archives brought to you by WNYC.
Read the press release here.

Dad Falsely Accused of LES Burglary Spree Settles With City

Irving Walker during a visit to Times Square with his two children in 2011.
Irving Walker during a visit to Times Square with his two children in 2011.
View Full Caption
Irving Walker

MANHATTAN — A married father of two falsely accused by police of committing a string of burglaries across the Lower East Side and Chinatown more than a year ago has settled with the city after pursuing a defamation case against the NYPD for publicly releasing his photo and other personal information.

Irving Walker, 42, of Virginia Beach, Va., was wrongfully named by cops as a suspect in the late-2010 burglary spree and had his picture, physical description and former Bronx address released to the news media.

However, the Bronx native was living and working in Virginia at the time and was shocked to learn that he had been named as the chief suspect in the crime spree.

Almost a year to the day after the NYPD said that Walker was wanted in the case — using a 1998 mug shot that remained in police files after he was detained as a suspect but never charged in a pattern of burglaries in The Bronx — the city decided to settle with him for $85,000, the NYC Law Department confirmed.

"We believe the settlement is in the best interest of all parties," said Law Department spokeswoman Connie Pankratz.

Walker said he was more concerned with repairing his reputation than receiving a hefty payout.

“I was more into clearing my name and getting justice,” he said via phone from Virginia, noting that some news organizations continue to carry his image as a suspect in the burglaries. “It’s an apology with an envelope [of money].”

The saga unfolded after Walker’s brother saw his name and mug shot splashed across newspapers and newscasts in late 2010, despite the fact that Walker had been living in Virginia for the past decade and even had an alibi confirming his presence there during the time of the burglaries.

Walker contacted the detective assigned to the case, Jose Santiago of Chinatown's 5th Precinct, who confirmed Walker's alibi of being at a doctor's office during one of the burglaries. Santiago even sent a letter to Walker's lawyer at the time saying he was no longer considered a suspect.

"At this time after further inquiry Irving Walker is not a suspect in this investigation," Santiago wrote in the letter dated Dec. 3, 2010.

Walker said the detective apologized for the error and told him he was close to finding the real suspect.

Last January, police arrested another man named Irving Walker, 33, of New York, after nabbing his alleged accomplice, Kenneth Harden-Smith, 22, on charges they burglarized the same 13 residences on the Lower East Side, the criminal complaint said.

According to the exonerated man's lawyer, Richard Cardinale, the mixup came when Harden-Smith identified an Irving Walker to police as his accomplice but pointed to picture of the Virginia-based man instead.

But after the arrest, police did nothing to publicize the new information, or to acknowledge that they made a mistake, despite a request to rectify the situation.

Det. Santiago, who was named in the lawsuit filed last May, referred questions to the NYPD’s press department when reached by phone at the 5th Precinct Thursday.

The NYPD did not immediately return a request for comment, nor have they said how the current suspect ended up in custody.

The accused burglar, who is facing three felony counts for alleged break-ins on Broadway, Catherine Street and Madison Street in November 2010, is set to appear in court on Mon, Jan. 9, court records show. 

According to the criminal complaint, Walker acted as a lookout for Harden-Smith, 22, as they allegedly snuck inside the apartments and stole cash, credit cards, cellphones, laptops, and other items. 

Cardinale said other high-ranking NYPD personnel were equally responsible for the foul-up by approving of Santiago’s detective work, leading to his name and photo being released.

“The New York Police Department has a callous disregard for the people that it’s supposed to protect,” said Cardinale. “The city recognized that the NYPD didn’t not act appropriately, and they compensated him accordingly.”

He added that the lack of consequences for those involved allows police to take “a very cavalier” attitude toward releasing potentially damaging information.

“Instead of conducting a further investigation, they basically run straight to the media,” Cardinale said.

For Walker, who works as a manager at a pawn shop, the entire ordeal has left him wary of returning to his former home to visit friends and family.

“Every now and then someone has a joke, like, ‘Have you been to Chinatown lately?’” he said, adding that he’s visited New York over the past year but has avoided going to the scene of the crimes, where he had many friends growing up.

“It’s not funny to me. … I don’t feel safe."

He said he’ll use the settlement money — a third of which goes to lawyer’s fees — to put a down payment on a house in Virginia Beach.

“I just don’t want to step foot in New York,” Walker said.