Trial cleared Yonkers activist who was punched in face by cop. Now he's suing the police

A Yonkers activist known for fostering warm relations between police and citizens has sued the city police department over an incident in which officers removed him from a rowdy City Council meeting, punched him in the face, tackled and arrested him.

Hector Santiago, whose right arm was in a sling from shoulder surgery at the time, was cleared of any wrongdoing in July, when a judge acquitted him on a disorderly conduct violation. That low-level offense was the only charge left after the rest of the police case against Santiago crumbled before and during his trial.

Now Santiago, a former gang member who initiated the "Stop and Shake" program in 2015 to build trust in the Yonkers Police Department, has brought a federal civil-rights lawsuit against that very force and six of its detectives, seeking damages for their conduct in a two-minute encounter recorded on video at City Hall on Nov. 22.

Yonkers activist alleges excessive force from police in lawsuit

The case, filed Sept. 14 in U.S. District Court in White Plains, accuses police of using excessive force against Santiago and falsely arresting and imprisoning him. Santiago, who says he was detained for 20 hours after his arrest and lost his job due to resulting medical and court trips, is seeking an undetermined amount in damages for his eight-month ordeal.

"I just want to finish what I started," Santiago, a member of the Yonkers Human Rights Commission, said in an interview this week. "It's been really hard."

The police department declined to comment on pending litigation. A spokesman had said after Santiago's acquittal that an internal investigation found its officers did nothing wrong in their handling of the incident.

Santiago is also seeking criminal charges against Detective Russell Kilgore, the officer who punched him in a hall outside the council chambers. His lawyer made that request to Orange County District Attorney David Hoovler, whose office prosecuted the charges against Santiago, and Hoovler's office sent it to state Attorney General Letitia James for consideration, according to letters published by the Yonkers Ledger.

Orange County handled the case after Westchester County District Attorney Mimi Rocah recused herself, since Santiago had worked on her 2020 campaign. The case was heard in White Plains court because every Yonkers judge also declined to take part.

Santiago, who had rotator cuff surgery days before the encounter, says his rough treatment by police prolonged his recovery. He says he lost his job at Y-Zone — a Yonkers program that helps low-income residents with computers and internet access — because he had used all his vacation time for surgery and then had to make six doctor's visits and 20 trips to court after his arrest. He remains unemployed.

Acquitted: He was punched by a cop at a rowdy Yonkers meeting. Now he's been acquitted

What led to Santiago being punched by police at Yonkers meeting?

His run-in took place during a raucous meeting about extending term limits so Mayor Mike Spano could run for a fourth term. The proposal — which passed in 4-3 vote — sharply divided residents and council members alike. A similar vote had taken place in 2018, when the council extended term limits to three from two so Spano could seek a third term.

An official city video recording shows audience members shouting, booing and chanting. Kilgore is visible crossing the chambers and speaking to Santiago after he called out, "stop talking and vote," according to witness testimony. Several officers then led Santiago into the hall, where another recording showed Kilgore take Santiago by the arm and punch him in the face after Santiago flicked Kilgore's hand away.

Extension vote: Yonkers City Council votes to extend term limits, giving Mayor Spano a shot at fourth term

Police charged Santiago with two misdemeanors — obstructing governmental administration and resisting arrest — and disorderly conduct, a violation akin to a traffic ticket. The prosecutor later withdrew the misdemeanors and replaced them with harassment, another violation. The White Plains judge dismissed that offense on the second day of the trial and found Santiago not guilty of disorderly conduct at the end.

In the arrest report, Kilgore said he removed Santiago because he cursed and acted defiant after being asked to lower his voice. He said he later punched Santiago to "stop his actions" after Santiago hit him with his elbow and forearm, "forcefully jolting me back." He initially charged Santiago with assault, but that charge was dropped before Santiago was brought to court the following day.

Also pending for Santiago is a long-shot political run: he'll be on the Working Families ballot line on Nov. 7 as a City Council candidate. His opponent? Democrat Tasha Diaz, the councilwoman whose tirade had stirred up the crowd on Nov. 22 when Santiago was confronted by police.

Chris McKenna covers government and politics for The Journal News and USA Today Network. Reach him at cmckenna@gannett.com.

This article originally appeared on Rockland/Westchester Journal News: Yonkers NY activist Hector Santiago sues police for City Hall run-in