Charges dropped against Paterson cop in excessive force case

PATERSON — Federal authorities have dismissed the four criminal charges that were pending against Police Officer Kendry Tineo-Restituyo in a video-recorded excessive force case from December 2020.

United States Attorney Philip Sellinger signed off on the dismissals on Feb. 15, a week after Tineo-Restituyo’s Paterson Police Department partner, Kevin Patino, pleaded guilty to misdemeanor crimes in his assault of then-19-year-old Osamah Alsaidi.

Sellinger’s dismissal, filed in federal court said, “further prosecution of these charges is not in the interest of the United States at this time.”

Federal authorities have not provided any additional explanation for why they dropped the charges against Tineo-Restituyo. The video recording of the incident showed Patino as the officer who initiated the physical contact with Alsaidi. While Patino was hitting Alsaidi, Tineo-Restituyo grabbed the young man and brought him to the ground, according to the indictment and the video.

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Now that the criminal charges in the matter have concluded, consistent with internal affairs procedures, the Paterson Police Department will start an internal review of the allegations and Tineo's status, a Police Department spokesman said.

The dismissal was praised by law enforcement advocates but condemned by social justice activists.

The lawyers who represented Tineo-Restituyo, Pat Caserta and Michael Koribanics, issued a statement saying they “always believed our client did nothing wrong.”

More: Paterson cop Kevin Patino takes misdemeanor plea deal in two assaults

More: What do Paterson cop’s convictions mean for pending lawsuits?

“We worked very hard to support our position,” said Caserta and Koribanics. “Of course, such a result can only be achieved when prosecutors act with the highest level of professionalism, focus on justice and are willing to be open minded.  We very much appreciate the efforts of the Office of the U.S. Attorney and his staff.”

Paterson PBA President Angel Jimenez said he had watched the video and didn’t think Tineo-Restituyo had done “anything excessive.”

“I’m happy to see this resolved the way it was,” Jimenez said.

Paterson Black Lives Matter leader Zellie Thomas expressed his displeasure with the dismissal.

“Where's the accountability and the assurance to the community that this would not happen again?” Thomas asked. “Nothing protects the community from police violence, not the courts and certainly not the police.”

Thomas said he doesn’t expect Tineo-Restituyo to face departmental discipline now that the criminal case has been dropped.

Patino and Tineo-Restituyo have been on paid leave since the initial charges were filed against them in the spring of 2021. City officials have not revealed whether the two officers would retain their jobs in the aftermath of the federal case.

The two officers were indicted by a federal grand jury in 2022 on charges of conspiracy to deprive Alsaidi of his civil rights, depriving him of his rights, and two counts of falsifying records.

Alsaidi filed a complaint with Paterson’s internal affairs division soon after he was beaten by Patino. But he has said IA investigators never contacted him. The incident first became public in February 2021 when the Council on American-Islamic Relations (CAIR) of New Jersey released a copy of the video and condemned the Police Department’s handling of Alsaidi’s complaint.

Council on American-Islamic Relations opposed to charges being dropped

CAIR spoke out against the dropping of the criminal charges.

“We are disappointed to see that Officer Tineo-Restituyo will have charges against him dropped, despite playing an active role in the assault of Osamah Alsaidi, who was 19 years old at the time and was diagnosed with head trauma and a concussion,” said Dina Sayedahmed, CAIR’s spokesperson. “We continue to call on the Paterson Police Department to terminate the two officers, who breached their duty to protect and serve.”

CAIR said the Alsaidi case provided “a window into Paterson Police Department, which has a reputation for high-profile misconduct, including a number of criminal offenses.” Sayedahmed said police officers should be held to a higher level of scrutiny and accountability.

“So long as police officers continue to approach people with impunity, there will be a mistrust between local communities and police forces,” CAIR said.

The New Jersey attorney general in April 2021 put the Passaic County Prosecutor’s Office in charge of Paterson’s IA division on the same day federal authorities announced the charges against Patino and Tineo-Restituyo. The IA division intervention lasted until September 2022. Six months after that, the Attorney General's Office seized control of all Paterson Police Department operations.

Meanwhile, Alsaidi has a lawsuit pending against the city, its Police Department, Patino and Tineo. A document filed in federal court on Feb. 16 said there have been two settlement conferences in the civil case. Alsaidi is demanding $700,000, while the defendants have offered $150,000, according to the court document.

Patino’s sentencing hearing is scheduled for July 23. He faces a maximum of one year in prison. Other Paterson cops convicted in federal courts in the past six years have received prison terms that were substantially lower than the maximum penalties.

This article originally appeared on NorthJersey.com: Charges dropped against Paterson NJ cop in excessive force case