BROOKLYN — An NYPD officer ordered by a judge to quit the force after being found guilty of stomping on a suspect’s head will appeal the sentence, according to reports.
A judge sentenced Joel Edouard, 38, to two years of probation with a special condition that he be fired from the NYPD within 24 hours or submit his resignation.
His appeal was filed by Edouard’s attorney, Anthony Ricco, according to NY1.
"The public service law doesn't permit the police commissioner to fire someone in 24 hours," Ricco told the news station. "And what the judge did was really create a condition of probation that's against New York State law."
The officer was working out of Bedford-Stuyvesant’s 81st Precinct on July 23, 2014, when he and his partner saw Jahmi-El Cuffee apparently drinking alcohol on the sidewalk and in possession of what appeared to be marijuana, prosecutors said.
Cuffee resisted arrest and more officers arrived on the scene to assist Edouard and his partner, the court heard.
The incident was captured on video. Police can be seen trying to handcuff Cuffee as Edouard pulls out his gun and points it at the suspect.
The officer later stomped on the suspect’s head while he was on the ground.
During sentencing on June 23, Edouard said he was not a violent person and called the scuffle an “unfortunate” and “regretful incident.”
In an interview with NY1, Edouard said that handcuffs had been punched out of his hand.
"The video we have, the video doesn't tell you the full story in terms of how long we were there fighting with him, for us to get him under control," he told the news station, adding that he was sorry.
Edouard is currently suspended pending a department trial, according to the NYPD.
Police Commissioner Bill Bratton previously said Edouard would be terminated from the force.
However, the NYPD does not have the ability to fire an officer within 24 hours, Larry Byrne, Deputy Commissioner for Legal Matters said Wednesday.
“We’d like to abide by the judge’s sentencing...(Edouard’s) entitled to a trial, but we can’t do that within 24 hours,” Byrne said, as reported by the Daily News.
Ricco did not immediately respond to a request for comment.