A Metro-North conductor was charged with felony assault, but his lawyer says he was a victim of police brutality. Video by Christopher J. Eberhart/lohud.com Wochit
A man bloodied by Metropolitan Transportation Authority police more than a year ago has filed suit against the agency and the officers involved.
Kevin Murray, described in the complaint as “a college graduate, working professional and lifelong New York resident,” filed suit in late November against the MTA, its police department and the individual officers in Manhattan federal court after he was beaten and hit with a baton at the White Plains train station in October 2016.
The suit names one MTA police officer by name, Allen Fong, who has since pleaded guilty to third degree assault charges related to the incident and was fired from the department, and two other officers, plus various unnamed MTA employees. One officer is only identified as “Esposito” and a second as “Identification No. 17880.”
Murray was approached by Esposito on the platform to provide his identification. He did so, at which point Esposito went down the platform to talk with Fong, according to the complaint.
Murray asked the officers to return his identification as the last train of the night was approaching, but was told he was receiving a summons. When Murray asked why, Fong shoved him and Esposito put him in an arm lock and slammed him to the ground, the complaint says.
With Murray on the ground, Fong hit him in the back of the head with his baton, cutting it open. Meanwhile, both officers drove their knees into Murray’s back, shoulders and neck, the complaint stated.
Murray was then cuffed and issued desk appearance tickets by the unidentified officer for disorderly conduct, trespass and resisting arrest. A bystander who recorded the incident was also arrested, the complaint says.
Murray was released after five hours in police custody and afterward received stitches at an urgent care center in Mount Kisco. The criminal charges against him were dismissed in May.
He is seeking a jury trial and compensatory and punitive damages.