MELROSE — The NYPD's Internal Affairs Bureau is investigating a Bronx man's claim that several officers used excessive force on him, piling on top of him then attacking him with kicks, punches and pepper spray, police said.
Santiago Hernandez was in front of a home in Melrose on Aug. 18 when an NYPD officer investigating a noise complaint asked to search him, according to his lawyer Jay Heinrich.
Hernandez, who is 23, according to WABC, which first reported the altercation, complied and turned around to let the search take place, Heinrich said.
The search did not turn up anything on Hernandez, who is on parole, but the officer then tried to handcuff him, according to the lawyer, who refused to give details on his client's prior criminal history.
When Hernandez asked what was happening and did not put his hands behind his back, about six officers approached, piled on him and started beating him up, Heinrich said.
"He was punched, kicked, pepper sprayed, beaten repeatedly with a baton," said Heinrich. "He’s suffered injuries. He’s healing, but he definitely suffered injuries and is traumatized from the event."
A security video of the event aired by WABC appears to confirm the account.
Hernandez was charged with disorderly conduct, obstructing government administration and resisting arrest, according to Heinrich, but the Bronx District Attorney's office declined to prosecute.
The NYPD's Internal Affairs Bureau is investigating the matter, a police spokeswoman said. She could not confirm the details of Hernandez's arrest.
Heinrich said that Hernandez planned to file a lawsuit against the city.
"There was absolutely no justification for these actions," Heinrich said. "He was beaten, and this was an attack on Mr. Hernandez."
