NYPD policeman knelt on teenager’s again, fired a gun however continues to be underneath drive


An NYPD officer lied for practically a decade in regards to the circumstances of a 2009 Bronx capturing wherein he straddled a teenage boy and shot within the decrease again at shut vary, in response to lately uncovered courtroom paperwork.

Officer Danny Acosta has reportedly been peddling a false story for years, mendacity underneath oath that the suspicious teenager held a gun to his associate’s head earlier than capturing him from 10 yards away.

Acosta, 41, lastly admitted the story was bogus 5 years in the past to a lawyer within the metropolis’s authorized division whereas mistakenly considering the confession was privileged, courtroom paperwork present.

Regardless of his astounding admission and the truth that he’s now battling perjury expenses, Acosta stays on the NYPD payroll and should even be allowed to quietly retire on his pension, The Submit has realized.

The disputed account of that night time in October 2009 has by no means been made public earlier than. Neither the civil settlement of practically half 1,000,000 {dollars} paid to the teenage suspect nor the indictment of 16 expenses towards Acosta within the Bronx.

Mockingly, the surprising particulars have been solely revealed after Acosta’s legal professional filed a federal grievance final month to delay the NYPD disciplinary course of towards his shopper.

Acosta instructed the Submit in a cellphone name Friday that he didn’t recall elements of the capturing, solely that he “was terrified” and blamed town for his prison cost.

“They wish to make me the dangerous man now. … They wished to seek out out why they settled for half 1,000,000, ”he mentioned.

The prison case towards the cop, who spent years within the controversial NYPD anti-crime unit, arose out of the police capturing round 9:30 p.m. on October 4, 2009, in a stairwell at Gouverneur Morris Homes in Claremont.

He and his associate, Laura Barbato, instructed in civil lawsuit depositions a heartbreaking story of how they pursued the armed 17-year-old Peter Colon down the steps on the advanced.

In line with their testimony, {the teenager} dropped the weapon through the chase and Barbato picked it up.

Barbato mentioned Colon punched her within the face a number of instances as she tried to knock him down – whereas nonetheless holding the deserted gun in her hand, courtroom paperwork present.

At one level, she fell onto her again, dropping her gun and Colon picked up the gun, officers testified.

{The teenager} then stood over her, wrapped his left hand across the 25-year-old cop’s throat and pressed a pistol to his head together with his proper hand, cops testified.

Acosta mentioned he pulled out his personal pistol about 10 toes away and fired two bullets, hitting Colon as soon as within the decrease again, courtroom paperwork present.

The cops, who each labored for 2 years, then arrested Colon and charged him with assault and weapons.

NYPD officer Danny Acosta was reportedly shot at point blank range while on Peter Colon's back.
NYPD officer Danny Acosta was reportedly shot at level clean vary whereas on Peter Colon’s again.
Christopher Sadowski

The story, instructed in officers’ depositions in 2015 as a part of a civil lawsuit filed by Colon, was the identical one they mentioned they instructed a grand jury in 2009 and which was offered to the press after the capturing. .

Colon’s prison case, nonetheless, fell aside after Acosta refused to testify earlier than a second grand jury except he was granted immunity from prosecution, courtroom data present.

Colon’s civil trial progressed, and in 2016 an NYPD lab evaluation report from the time of the capturing surfaced within the swimsuit – contradicting the cop’s story that he shot the suspect in about 3 meters away, in response to data.

The report, which was obtained by The Submit, states that the bullet residue patterns in Colon’s jacket the place he was shot have been “appropriate with shut contact / contact fireplace,” which means he was hit at shut vary.

The declare sparked Acosta’s admission to a lawyer from town’s authorized division, who was taking up town within the civil lawsuit towards her involving Colon, that he lied in regards to the capturing, courtroom paperwork present .

Acosta believed his dialog with the Authorized Division lawyer was confidential, which it was not.

Acosta’s lawyer requested that his confession protected by solicitor-client privilege be deleted.

However Bronx Supreme Court docket Justice Ralph Fabrizio overturned the ruling in a March 2019 ruling.

“Greater than a yr later [Acosta’s] deposition, he revealed to his lawyer within the authorized division that he was in reality astride Mr. Colon’s again when he positioned the muzzle of his gun on Mr. Colon’s again and hit him at shut vary Fabrizio wrote.

“He instructed his legal professional he testified on this manner as a result of, in essence, he did not suppose his NYPD superiors would suppose it was a ‘good photoshoot.’ “

This account aligned extra carefully with the suspect’s account of the incident.

Colon mentioned in his testimony, two years earlier than the NYPD lab report was given to his legal professional, Acosta knelt on prime of him after the lawsuit and {the teenager} started to wrestle.

Acosta then “mentioned ‘motherf – ker’ and shot”, we learn in his testimony.

Neither cop mentioned Acosta fired his gun whereas standing over Colon.

Acosta instructed The Submit on Friday that he now remembers kneeling on Colon’s again.

He mentioned {the teenager} pointed a gun at him whereas he was mendacity face down on the bottom, however he didn’t shoot.

“I do not do not forget that shit,” the cop mentioned of the ordeal.

Requested in regards to the forensic report, Acosta replied: “Are you going to inform me that the proof got here again in 2016 when the capturing befell in 2009?”

He prompt the report resurfacing was “simply to fuck me”.

He additionally denied confessing to the lawyer for the authorized division, including: “The lawyer for the f-king Company fucked me.

“This f-king man calls me, says, ‘I am not going to publish what we’re speaking about right here,’ and the very first thing he did was say work,” Acosta mentioned, referring to the NYPD .

The cop was charged in October 2018 with six counts of perjury, six counts of official misconduct, three counts of obstructing authorities administration and falsifying public paperwork.

Neither the NYPD nor the Bronx District Legal professional’s Workplace made public the arrest or indictment of Acosta on the time.

Neither entity was in a position to clarify to the Submit why the costs weren’t introduced, as is widespread observe with metropolis workers arrested in all 5 boroughs.

It’s unclear why Barbato, who retired final yr and offered comparable testimony besides that she solely heard one shot, was not charged with something. She didn’t return the calls.

Acosta mentioned he was initially suspended with out pay for 30 days after the indictment, however has continued to obtain full pay since. He’s presently suspended with pay, a police official confirmed.

Whereas battling the indictment in 2020, Acosta raised $ 97,965, in response to metropolis data.

He agreed to a “negotiated plea deal” with the NYPD on Feb. 9 permitting for early retirement by drive, his lawyer confirmed.

The retirement deal got here simply 5 days after Police Commissioner Dermot Shea touted the division’s “historic occasion” for transparency with a brand new set of disciplinary pointers.

A police spokeswoman declined to say if Acosta’s deal would permit her to obtain her pension and a letter from “good man”, an official notice from the NYPD saying you left in good standing and might proceed. to hold a gun.

“The NYPD labored with the Bronx District Legal professional on the prison investigation whereas we continued an inside investigation,” the consultant mentioned.

Acosta, who is because of return to courtroom on his prison case on April 20, mentioned his retirement deal was nonetheless being labored out.

An earlier deal made with the Bronx DA by his union legal professional would have allowed Acosta to retire on his pension if he pleads responsible to one of many felony expenses, in response to his now legal professional, William Martin.

Martin, who took over after Acosta’s dismissal of the PBA lawyer, says the trauma from the capturing brought on the cop to recollect the occasions.

Colon’s lawsuit was settled in 2017 for $ 475,000, in response to metropolis data. He couldn’t be reached for remark.



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