Local News | NYPD officer charged with misconduct in using…

Local News

NYPD officer charged with misconduct in using pepper spray on handcuffed

detainee

An NYPD officer was criminally charged with misconduct Wednesday for sitting on a handcuffed detainee and spraying pepper spray in his mouth and eyes. (Michael
Ip for New York Daily News)

By Molly Crane-Newman | mcranenewman@nydailynews.com | New York Daily News

PUBLISHED: December 20, 2023 at 11:29 a.m. | UPDATED: December 20, 2023 at 4:21 p.m.

NYPD Officer Philip Fioranelli was criminally charged with misconduct Wednesday for allegedly
sitting on a handcuffed detainee and spraying pepper spray in his mouth and eyes.

Fioranelli appeared briefly before Manhattan Criminal Court Judge Michelle Rodney and was
released on his own recognizance. He pleaded not guilty to one count of official misconduct.

Prosecutors at the Manhattan district attorney’s police accountability unit allege the incident
occurred on May 18 when Fioranelli, 48, was working a paid security shift in uniform at a lower
Manhattan parking garage.

The day before, the alleged victim, Aqil Alshimary, bought a multiday parking ticket, which he refused
to provide when he came to pick up the vehicle , prosecutors allege.

A security supervisor called Fioranelli, who told the man to leave, to no avail, leading to a skirmish
during which the cop tripped over a bicycle rack, according to the description of CCTV footage in
court papers.

Prosecutors say Fioranelli then pulled out his NYPD-issued firearm, and Alshimary immediately
complied with his orders, laying face-down with both hands behind his back. The cop then mounted
the detainee and straddled him with one leg on either side before unholstering his pepper spray and
spraying multiple bursts in Alshimary’s eyes and mouth.

“[Fioranelli] then used his own hand to spread and rub the O.C. chemicals around Alshimary’s face.
Over the next few seconds, [Fioranelli] deployed additional bursts from close range into Alshimary’s
face – in the process, exposing himself to the O.C. spray chemicals and inadvertently rubbing them
into his own eyes – before returning the canister to its holster,” prosecutors wrote in court papers.

“Approximately two minutes later, [Fioranelli] again took out the O.C. spray and deployed it directly in
Alshimary’s face.”

The cop stayed atop the detainee for more than three-and-a-half minutes, “intermittently and
gratuitously yanking at the neck” of his sweatshirt, pulling at his handcuffed arms and putting
pressure on his back as a complying Alshimary “writhed in pain” underneath “from the intense burning
effects,” court papers detail .

In a statement, Manhattan DA Alvin Bragg said, “There is no question that New York City Police
Officers are put in extremely challenging positions every day, but officers who violate the law must be
held accountable.”

“The work of our police accountability unit is essential for trust in the system, which directly impacts
public safety, and that is why these cases will continue to be a key pillar of our work in the Manhattan
district attorney’s office,” the DA added.

Fioranelli, on the force since 2004, was suspended by the NYPD’s Internal Affairs Bureau following
the incident. He and his lawyer had no comment leaving court. An NYPD spokesman confirmed his
unpaid suspension.

The cop’s disciplinary history notes four infractions he either pleaded guilty to or was found guilty of,
resulting in 45 docked vacation days, including impeding a police investigation off duty, being in
wrongful possession of a bogus or counterfeit police shield, and getting into a physical altercation with
another cop.

In a statement, Police Benevolent Association President Patrick Hendry condemned the charge.

“This is another case that shows the upside-down world in which police officers are working. This
individual violently assaulted this police officer, but he is not being prosecuted,” Hendry said.

“Our police officer deserves fairness and due process, but the criminal who assaulted him absolutely
should not walk away scot-free.”

Alshimary was charged with misdemeanor assault and harassment stemming from the skirmish with
the cop. After attending a community treatment program, he got what’s known as an adjournment in
contemplation of dismissal on Oct. 18 — meaning if he stays out of trouble for six months, his case will
be dismissed.

Alshimary could not be reached for comment.

More in Local News

SUBSCRIBER ONLY SUBSCRIBER ONLY Black ice, floodwater leads to 13- Woman found burned
MTA, New Jersey in settlement Wife of fatally struck NYC murder pileup in Paterson, NJ dismembered in Georgia in 2007
talks over federal congestion parolee forgives speeding BMW ID’d as Manhattanite
pricing lawsuit driver

2023 December 20

Tribune Publishing Company Info Subscriber Services

Chicago Tribune About Us Archives
Baltimore Sun Careers
The Morning Call Help Center
The Daily Press Manage Web Notifications
The Virginian Pilot Place an ad
Orlando Sentinel Media Kit
Sun-Sentinel Privacy Policy
Hartford Courant Site Map
Capital Gazette
Studio 1847

Subscriber Terms and Conditions Cookie Policy Cookie Preferences California Notice at Collection CA Notice of Financial Incentive Do Not Sell/Share My Personal Information
Copyright © 2023 New York Daily News