Trial begins for NYPD officer accused of punching man at UWS Apple store

Published Apr 16, 2024 at 3:56 p.m. ET

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Published Apr 16, 2024 at 3:56 p.m. ET

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An NYPD officer “hardly even” punched a man in an Upper West Side Apple store — and only because he believed the man was about to hit him — the officer’s lawyer argued on Tuesday, the first day of the criminal trial in the case.

“My client reasonably believed he was about to be hit,” Stuart London, a lawyer for NYPD Officer Salvatore Provenzano, said during his opening statement. “He hit him so as not to be hit.”

Provenzano is charged with one count of third-degree assault after prosecutors said he grabbed a disorderly customer by the wrist in 2021 and then punched him on the side of his face while attempting to escort him out of the store. Justice Maxwell Wiley will decide the verdict in Provenzano’s case because the officer opted for a trial without a jury. The NYPD said he’s currently on modified duty.

It’s rare for prosecutors to charge law enforcement officers, whom they work closely with to build criminal cases. But Manhattan District Attorney Alvin Bragg has prioritized holding police accountable for alleged misconduct. Since Bragg took office in 2022, some law enforcement officers have pushed back on his efforts, accusing him of being soft on crime and criticizing his office’s decisions not to prosecute certain minor crimes or ask judges to set bail in certain cases.

In her opening argument, Assistant District Attorney Jana Loeb said Provenzano’s action was not justified and that he broke the law. She said the customer was “frustrated and frustrating” but was not under arrest or acting violently when the officer struck him.

“Force is a legitimate and essential tool of policing, and officers have authority to use it,” Loeb told Wiley. “But only under certain circumstances, only in accordance with the law. … With that punch, Officer Provenzano committed a crime.”

Another officer at the scene that day, Yelena Ast, testified that security guards at the Apple Store called police because a man was causing a disturbance and would not leave. When officers arrived, she said, the man was acting “upset,” “angry” and “irrational,” waving his hands and saying the guards had assaulted him. She said he repeatedly threatened to sue the guards and the officers.

Body camera footage shows the man, Kamal Cheikhaoui, who is dressed in jeans, an orange baseball cap and a face mask, arguing with six officers and telling them he wants to file a report.

“Being aggressive, it’s not a crime,” he said in the video. “I’m disputing with you peacefully.”

The video shows Provenzano grabbing Cheikhaoui’s wrist as the group of officers walks him toward the door. “Don’t touch me with your hands,” Cheikhaoui said.

When Cheikhaoui turns toward the door, Provenzano punches him in the side of the face, the footage shows. Cheikhaoui then falls to the ground, crying out in pain.

“Don’t swing at me,” Provenzano said. “Now you’re going to the hospital.”

The video then shows Provenzano and several other officers surrounding Cheikhaoui on the floor and putting handcuffs on him as he repeatedly says his eyes hurt and he can’t breathe. Ast said another officer doused him with pepper spray.

Cheikhaoui has since sued the city, the officers and Apple. The city’s Law Department and Apple did not immediately respond to requests for comment.

Holding police accountable for breaking the law has played a central role in Bragg’s career. While working in the state attorney general’s office, he analyzed the NYPD’s use of stop and frisk and spearheaded a unit that investigates and prosecutes officers accused of killing civilians.

Since taking office in Manhattan, Bragg has launched a Police Accountability Unit to handle cases against police accused of breaking the law. According to data from his office, 15 law enforcement officers have been convicted under Bragg, including Howard Redmond, the NYPD inspector who ran former Mayor Bill de Blasio’s security detail.

Patrick Hendry, president of the Police Benevolent Association union, said in a statement that the case “should never have been brought to trial.”

“New Yorkers are sick and tired of repeat offenders causing mayhem inside our retail establishments,” Hendry said. “The justice system should focus on helping us address those public safety concerns, rather than prosecuting police officers for doing their job."

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Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal 410-925-6766.

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