CARS HOMES JOBS

Excessive force by Schenectady cops alleged

Wednesday, May 21, 2014
Text Size: A | A

— A Schenectady woman has filed the precursor to a lawsuit against the city, alleging excessive force, harassment and other claims related to her January arrest.

Lourdes Herrera, 46, filed a notice of claim with the city last month. It relates to accusations made against her Jan. 14 outside her Victory Avenue residence.

The arrest complaint filed by police alleges Herrera intentionally got into her car to prevent a parking agent from having it towed for overdue parking tickets. She alleges that she was inside her car that afternoon when it was being towed unlawfully. She says she was ordered out of the car by police and, when she complied, she was arrested. Officers, the notice reads, “roughly began twisting her arms, causing pain.”

The notice also contends that she was slammed against the vehicle and pushed to the ground.

“The Schenectady Police then placed their knee and weight into (Herrera’s) back, intentionally punched (her) head, kicked (her) in the abdomen several times, and stepped on her back, causing significant pain and bruising,” the notice reads.

She also contends that one blow to her face caused her to black out.

Schenectady Deputy Corporation Counsel Carl Falotico said a deposition has been taken from Herrera and that the city is currently deciding how to respond.

Herrera is represented by attorneys Laura Darling and Jonathan Warner. Darling did not return a call seeking comment. Warner declined to comment.

Court records indicate Herrera was charged with obstruction of governmental administration and resisting arrest, both misdemeanors, as well as violation-level harassment. The obstruction charge relates to the allegations she tried to prevent her car from being towed.

The account of the arrest included in court paperwork filed by police includes allegations that Herrera “actively resisted” by pulling away and throwing herself around. She was then taken to the ground, where she is accused of continuing to resist and biting an officer in the leg.

The case against her is pending in City Court. She has pleaded not guilty.

Herrera contends in her notice that the incident was witnessed by “several” people, and was recorded on a cellphone and a private, closed-circuit video system. It was not recorded on the officer’s in-car camera, she alleges, because officers “intentionally pulled their car ahead of the scene as to prevent their cameras from recording anything but audio.”

Herrera also alleges police returned to her home Jan. 23 for no reason, resulting in her feeling threatened and intimidated.

She also said that on Feb. 27, she contacted police about stolen items she had recovered from a former tenant. She said she refused to meet with police because she was afraid from the prior incidents, but was threatened with arrest if she didn’t come out, so she left the items outside a side door.

She also alleges police towed her car “for being parked on the wrong side of the street” while it was in fact correctly parked.

Her notice of claim makes no reference to the unpaid parking tickets police said she had accrued when her car was towed.

As a result of the incidents, Herrera contends in her notice that she has been forced to park her cars in driveways and yards of friends. She also has been forced to stay with relatives and friends “in order to sleep and feel secure that the Schenectady Police will not stalk, harass, annoy, alarm, and intimidate her,” the notice reads.

 
Share story: print print email email facebook facebook reddit reddit

comments

May 21, 2014
7 a.m.
Will1960 says...

If there's visual evidence of what transpired between the police and Ms. Herrera, then its case closed depending what's on the video. I find it curious that that the police parked their car in front of the suspect to avoid a video recording from their dashboard camera. More than anyone, the police should know that in today's world of cellphones and security cameras, everything is under surveillance.

May 21, 2014
2:23 p.m.
joycemadre says...

Correct officers should have parked behind and had video camera on, unless they are hiding something. The department needs a complete over haul ! Sorry but they have too many issues in that department.

May 21, 2014
6:22 p.m.
pnotto says...

Daily mentions some thing very important here! Ms. Herrera should have paid her parking fines. I will go one farther, if she would have bothered to get off of her gluteus maximus and paid those fines like the responsible citizen she should be which I can tell you she is not this whole incident she alleges would have need not taken place. Even if a small minuet part of this happened which others and myself who have been tied to law enforcement as our chosen careers I highly doubt it did happen the way Ms. Herrera states. Having been on numerous calls like this and knowing the type of person Ms. Herrera and people like her represents my vote says the officers were correct in their actions and Ms. Herrera was at fault. Ms. Herrera is just another Schenectadian pillar of society trying to receive a pay day without possessing gainful employment to earn that monetary gain...

May 21, 2014
8:14 p.m.
reader1 says...

The facts will come out.

I will say though that pulling in front of the car is not necessarily indicative of intentional wrongdoing. Officers might have been told she was trying to leave the scene, if so, pulling in front of her vehicle to block her exit would be logical. So, the accusations of wrongdoing and necessity for an overhaul are premature.

I also have no idea what kind of person Ms. Herrera is or the people "she represents". At any rate, I'm confident the facts will come out.

Log-in to post a comment.
 

columnists & blogs


Log into Dailygazette.com

Forgot Password?

Subscribe

Username:
Password: