Paterson Cops Facing Civil Rights Charge: U.S. Attorney

PATERSON, NJ — Two Paterson police officers are facing civil rights and obstruction charges after assaulting a Paterson citizen in December 2020, Acting U.S. Attorney Rachael A. Honig announced.

Officers Kevin Patino, 29, and Kendry Tineo-Restituyo, 28, both of Paterson, are charged with "depriving a victim of his Constitutional right to be free from the use of unreasonable force by law enforcement officers and with filing a false police report," the U.S. Attorney announced.

Patino surrendered Tuesday morning, and Tineo-Restituyo was expected to surrender shortly after. If convicted, both could face 10 years in prison for the civil rights violation, and 20 years in prison for the false records charge.

According to the U.S. Attorney's Office, Patino and Tineo-Restituyo approached the victim, who was walking with his hands in his pockets on Dec. 14, 2020, around 12:30 a.m.

Patino grabbed the victim, and when the victim tried to separate himself, Patino struck the victim in the face and body numerous times, the attorney's office said.

While Patino was striking the victim, Tineo-Restituyo picked the victim up and threw him to the ground. Patino and Tineo-Restituyo then repeatedly struck the victim while he was down, the attorney's office said.

Patino and Tineo-Restituyo then filed a police report regarding the arrest of the victim, which contained "numerous false statements and omissions."

For instance, the police report falsely stated that the victim had walked towards the officers "screaming profanities" and "acting belligerent," and that the victim had struck Patino with a closed fist in the chest.

In the words of the attorney's office, "none of this was true."

The report also omitted the fact that Patino and Tineo-Restituyo continued to strike the victim after he was on the ground.

"Police officers who abuse their positions to exert power over and injure the citizens they are supposed to protect violate our Constitution and erode trust in our public institutions," said Honig.

"The U.S. Attorney’s Office is committed to working closely with the FBI and our state partners to investigate and prosecute these civil rights violations and restore the public trust."

George M. Crouch Jr., special agent in charge of the FBI, Newark Division, called civil rights violations "one of the FBI's highest priorities," and added that this is particularly true "when the allegations involve members of law enforcement."

"We rely on the police to protect the public. The few who take advantage of this public trust, at any level, will be investigated by the FBI and prosecuted to the full extent of the law," said Crouch.

How This Impacts The Paterson Police Department

The Paterson Police Department is also facing a shake-up, as the Passaic County Prosecutor's Office has assumed oversight over the department's internal affairs division, effective Tuesday.

"PCPO will have full oversight over PPD’s Internal Affairs Division, which is responsible for investigating allegations of misconduct involving PPD officers. PCPO will ensure that current and future investigations are conducted thoroughly and fairly, and that officers who engage in misconduct are held accountable for their actions," the Prosecutor's Office said.

The office will also work with the Attorney General's Office of Public Integrity & Accountability to conduct a historical review of the Paterson Police Department's internal affairs investigations "to determine whether any should be reopened or reinvestigated."

"The people of Paterson deserve a police department worthy of their trust," said New Jersey Attorney General Gurbir Grewal. "They deserve to know that allegations of misconduct are taken seriously and investigated thoroughly. With today’s action, the Prosecutor’s Office will ensure that happens."

Paterson citizens came out in droves for protests regarding police violence in the summer of 2020 after the deaths of George Floyd and Breonna Taylor. At one of those demonstrations, they also remembered Jameek Lowery, who died in 2019 after he livestreamed an encounter with police in which he asked for water, and for officers not to shoot him.

Lowery died at St. Joseph's Regional Medical Center two days later.

Lowery's estate filed a federal lawsuit in July alleging that three Paterson police officers and a St. Joseph's University Medical Center emergency room doctor played a part in the Paterson man's death. Read more: Jameek Lowery Was Beaten By Police Prior To His Death: Lawsuit

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