Court documents claim officers of the NYPD’s 63rd Precinct came to Krystle Silvera’s home looking for an ex-boyfriend at 7 a.m. on Jan. 30, 2013.
Silvera’s mother, a 61-year-old lung and brain cancer patient, answered the door, but couldn’t understand why the officers were there. That is when Silvera’s 10-year-old son picked up his moms phone and attempted to record the events taking place as he was “fascinated by the police, he looks up to them”, according to his mom Krystle Silvera.
The events alleged in court documents to have followed are extremely ominous. The officer, in violation of established case law, attempted to violate the child’s right to film by assaulting him according to the suit. Ms. Silvera is quoted by NY Daily News as saying, “I heard my son screaming, ‘You can’t do that! You’re hurting me! Don’t hit me!’ ”
According to court papers the cop kicked the boy in the shin breaking his leg. Her son was then put in handcuffs and restrained until they later realized he was only a child and removed the 10-year-old’s restraints.
It was during this commotion that Ms. Silvera, who had been getting her 5-year-old ready for school upstairs, ran downstairs dressed only in underclothes and into the commotion attempting to ensure her son was safe. The suit alleges Ms. Silvera, was grabbed by a cop who pulled her outside into the bitter cold. While putting her into restraints her breast came out exposing a nipple piercing.
“The officer flicked the piercing, he flicked the ring up with his finger on my right breast,” she said. “He said, ‘Is this what mothers look like these days?’
Then, in a common police tactic employed to cover up violations of individual’s rights, the police charged Silvera with assaulting the cops. She was released on $1,500 bail after being held for two days.
Upon her arrival home she noticed her son’s leg was swollen and bruised prompting her to take the boy to Kings County Medical Center, where an X-ray revealed his leg was fractured
Anthony Ofodile, the family’s attorney said, “I’ve seen a lot of police brutality cases, but nothing as low as this, kicking a 10-year-old boy.”
The events alleged to have transpired, paint an out of control police force with no respect for the constitutional rights or safety of the citizens they serve. The courts have consistently affirmed that photography is not a crime, and that individuals have a right to film law enforcement officers in the carrying out of their official public duties. Regardless of the child’s actions, there is no reason for a 10-year-old boy to have his leg broken by an officer of the law for the legal act of filming as the suit alleges.
Ultimately, it’s taxpayers that pay the costs associated with these suits, relating to alleged officer misconduct, such as this. The time has come to hold accountable the rogue officers that bring disgrace upon the shield. For more information on what it means to put the constitution first as a law enforcement officer visit Oath Keepers. To learn more about your rights when dealing with law enforcement visit Cop Block.