No Charges For Freeport Cops In Black Man's Arrest: DA

FREEPORT, NY — Freeport police officers will not face charges after they were caught on video punching, tasing and hurling expletives at a Black man during his arrest in December.

The case stemmed from a video of the arrest of Akbar Rogers, a 44-year-old man who was being arrested on a bench warrant by Freeport police on Dec. 3, 2019, for failure to pay traffic violation fines. He was also wanted on charges including unlicensed operation of a vehicle and harassment after he was accused of pushing a pregnant woman to the ground.

Nassau County District Attorney Madeline Singas on Tuesday said officers involved in the arrest didn't commit any crimes but should be disciplined. She also announced assault and resisting arrest charges against Rogers were dropped.

A video of Rogers' arrest went viral last year. In the video, multiple Freeport police officers can be seen dragging Rogers to the ground and hitting him repeatedly as he calls out for help. One of the officers is also seen using a stun gun to try to subdue him after he had been pushed to the ground and officers piled on top of him.

Warning: video contains graphic language

According to Singas, after she saw the video, she tasked her Public Corruption Bureau to begin an investigation into the incident. Freeport Mayor Robert Kennedy, whose son was one of the officers in the video, also asked the DA's office to investigate. Singas said her office retained the help of Dr. Phillip Hayden, a police use-of-force expert.

"Dr. Hayden found that the force used was consistent with the officers’ training and departmental policies making criminal charges against the officers unsustainable," Singas said in a statement. "Nonetheless, the abusive language depicted in video of the incident, with an officer responding to Mr. Rogers’ assertion that he could not breathe with 'f--- you,' and calling him a 'piece of s---' is reprehensible and warrants discipline."

The case was thrown into a new light due to the recent Black Lives Matter protests that have been happening across the nation since the death of George Floyd in May. Many protesters have been calling for changes to the way that police handle their interactions with people, especially Black people, and for police to be prosecuted when they commit acts of violence.

Singas said that while she was dropping the charges stemming from Rogers' December arrest, she would still prosecute him for the charges he was wanted on.

"While an independent expert found the level of force used to be justified by law and policy, Mr. Rogers did not attempt to harm the police and the officer’s injury that formed the basis of the second-degree assault charge was not intentional," said Singas. "While there was probable cause to charge Mr. Rogers with resisting arrest because he dropped between two fences while running from officers, I have concluded based on the totality of the circumstances these charges should not be pursued. This matter has been referred to the Freeport Police Department for departmental disciplinary review."

Singas called on state officials to convene a commission to study police use-of-force procedures and training, and to listen to the community, academics and police experts on the matter. She also said that law enforcement must change the way it handles people who have been issued warrants for nonviolent offenses. She said that enforcement of warrants like these too often leads to violent encounters.

"Akbar Rogers was wanted on warrants for unpaid fines, a non-criminal violation and traffic misdemeanors, and while officers encouraged him to surrender before his arrest, law enforcement — including my office — must do more to engage with the community to resolve warrants without risks," Singas said.

To help facilitate the transition, Singas said that her office will be holding a "warrant-clearing" in the coming months, which will give those with outstanding warrants for nonviolent offenses a chance to get a new date in court, instead of being arrested.

"I have listened as thousands of our neighbors have marched in the street against racism and police misconduct, and there is discord between law enforcement training and use of force policies and the expectations of the communities we serve," said Singas. "While the force used against Akbar Rogers was lawful and consistent with officer training, public outrage over this case — and many others that have gripped the nation — make clear that the techniques used by police to subdue those who resist them must be examined and calibrated to minimize harm and to build public trust."