Police Officer Charged with Assault

Yonkers police officer Wayne Simoes faces a possible 10-year prison term and a $250,000 fine. He has pleaded not guilty to charges that he violated the civil rights of 44-year-old Irma Marquez, in an appearance in federal court. He is accused of body-slamming the unarmed woman onto a tile floor, breaking her jaw and leaving her unconscious. The 38-year-old Simoes was freed on $300,000 bail. See TV coverage of Irma Marquez and Wayne Simoes here.

The incident was captured on video and reviewed by U.S. Attorney Michael Garcia who said the actions of Simoes amounted to an assault. He said it violated Marquez right against unreasonable force from a police officer.

The violent attack resulted in the hospitalization of Marquez with a fractured jaw, concussion, two black eyes and facial lacerations, as well as bruises and swelling over her neck, torso and numerous other parts of her body, according to the complaint.

Ms. Marquez alleges she was accosted by police when she leaned over to get a better view of the medical assistance being provided to her niece who was earlier rendered unconscious when struck by a bottle thrown by an unknown assailant while patronizing the La Fonda Restaurant at 57 Palisade Avenue, Yonkers, New York on March 3, 2007. Police Officer Wayne Simoes is said to have “slammed Ms. Marquez to the floor then handcuffed and charged the unconscious and seriously injured woman with Obstruction of Governmental Administration and Disorderly Conduct. On May 9, 2008 a jury acquitted Ms. Marquez of all charges.

“If anyone other than a police officer was caught on tape doing what Police Officer Simoes did to Irma Marques they would have rightfully been arrested and prosecuted,” said Gary T. Certain, Esq., of Certain & Zilberg, PLLC, attorneys for Ms. Marquez.

Lawyers for Irma Marquez have filed an $11.3 million lawsuit on her behalf.

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[Officer Wayne Simoes on Trial]

[...] 2007 that Yonkers police officer Wayne Simoes,39, picked up a drunk, unarmed Irma Marquez, 44, and body-slammed her head-first into a ceramic tile floor so hard that she had to be hospitalized, receiving: A head injury with related loss of [...]