The New York man who remained in a pool of his own blood by a NYPD officer who repeatedly slammed his face after a traffic jam in Harlem, sues the city for millions, his lawyer announced on Friday.
Kevin Diaby, 20, is seen in a horrific viral video that is hit several times in the head while being pinned to the concrete by an unnamed police officer in a shocking event on Tuesday night.
& # 39; I have never been in such a situation in my life & # 39 ;, Kevin told the Daily Mail on the phone on Friday night. & # 39; I have never bled so much blood into my life. It was amazing to see my own blood on the floor. & # 39;
Kevin, his sister, Fatou Diaby, 24, and a spectator named Christopher Johnson, 23, all living in Harlem, were detained by the police after the traffic stop for alleged minor offenses.
The office of the Manhattan public prosecutor confirmed Friday that it refuses to prosecute members of the trio, but has not worked it out.
Kevin Diaby, 20, from Harlem, New York, is one of three people who filed a complaint on Friday to prosecute the NYPD for a total of $ 14 million for alleged brutality
The incident started when Kevin returned home around 6.30 pm on Tuesday after he had dropped off a friend at a nearby house.
The 20-year-old told DailyMail.com that he parked his car near the corner of Fifth Avenue and 130th Street when a two-policeman police car was parked next to his driver's side window. An officer in the passenger seat of the cruiser asked the young man for his driver's license and registration.
Kevin said he has a student license and is getting his driver's license, adding that the friend he took in the area was a licensed driver's license.
He said a crowd began to gather when the officers told him they would confiscate his car because he had no driver's license and did not have the correct paperwork.
& # 39; As soon as they ran over me, everyone started to walk outside, & # 39; said Kevin. & # 39; That's when the lieutenant told me that the people in the community didn't put him in that place, he would have let me go. & # 39;
City officers confirmed by telephone that they refuse to prosecute the trio for charges, including resistance to arrest and obstruction
The police initially said that they persuaded Kevin Diaby because they did not state that the 20-year-old had no driver's license, insurance or valid vehicle registration
Kevin's sister, Fatou, arrived shortly afterwards.
She told the Daily Mail that she was trying to reach in her brother's sedan to remove her mobile charger while agents tried to seize the vehicle.
Multiple witnesses recorded the incident on mobile phone video before sharing the images on social media. One of the clips shows a male officer pulling Fatou away from her brother's car as she tried to get into it.
A male bystander confronted the aggressive officer before he was also pushed. A few seconds later, Kevin is seen on the ground while being beaten. At some point during the fight, someone via a bicycle.
Kevin & # 39; s lawyer, Elliot Kay, said his young client, a Binghamton University student without a criminal record, needed 12 stitches to close a cut above his left eye after the incident.
Kevin Diaby's lawyer, Elliot Kay, said that after the incident, his client needed 12 stitches to close a cut above his left eye
Kevin & # 39; s sister, Fatou Diaby, 24, and a spectator named Christopher Johnson, 23, are also named parties in the claim
& # 39; His neck is confused. He has trouble moving him. Anesthesia also extinguishes in his hands. We're going to have his neck and back checked, & Kay told the Daily Mail Friday after an afternoon press conference.
Fatou says she also sustained injuries to her wrist and hands after an officer grabbed and fascinated her during the meeting.
& # 39; My middle finger has something like a blood clot in it. It's very painful, & she told the Daily Mail Friday.
New York police later said they have withdrawn Kevin for not signaling.
NYPD detective Sophia Mason also claimed that Kevin had wrestled himself on the ground because he had kicked a police officer who was trying to confiscate his car. That is why Kevin was initially accused of resisting arrest.
& # 39; The 20-year-old man reached the driver's side of the vehicle, reached over the officer and pushed the officer. The 20-year-old man resisted arrest and was taken into custody, & said Mason.
But a video of the incident shows that Kevin raises his arms in the air and withdraws from an officer before being brought to the ground.
Diaby and his sister were arrested on the spot, but the Manhattan District Attorney's office confirmed on Friday that it did not take any of the initial costs
Photos of brothers and sisters Kevin and Fatou Diaby posted on Fatou's social media accounts
Camera film from the police station of the incident was not released.
Kay said the pending suit of his customers is demanding $ 10 million in damages for Kevin, $ 3 million for Fatou and $ 1 million for Christopher Johnson, which he said was tackled by the police while filming the meeting.
The lawyer said it seems that the police who attacked his customers simply reacted excessively after a crowd gathered around them during their traffic stop.
& # 39; The officers have just lost their self-control & # 39 ;, Kay said. & # 39; If you have officers hitting and attacking members of the community, this will undermine public confidence in law enforcement. People distrust the police because things like this happen weekly, but not more often. It just isn't always video recorded. & # 39;
The police refused to comment on the decision of the city officer not to file a complaint or the trio's expected trial.
& # 39; The NYPD will refuse to comment on ongoing disputes, & # 39; Sergeant Jessica McRorie said Friday.
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