Raffaele picked the officer out of a photo array, and the NYPD has confirmed he works in the 115th Precinct in Jackson Heights, Queens. The incident occurred when Raffaele, 69, was headed home after cleaning out his parents' old house, which had recently been sold. Wearing a T-shirt and jeans, he came upon a handcuffed man lying face down on the sidewalk at 74th Street near 37th Road, screaming at two police officers standing over him.
One officer—the one who would soon assault Raffaele—was allegedly dropping his knee into the man's back repeatedly. Raffaele says he called 911 because an outraged crowd was gathering and he was concerned the situation could spiral into further violence. Which it did, with Raffaele the alleged victim. He says the officer became enraged and charged at him, perhaps thinking Raffaele was one of the bystanders heckling him. The officer allegedly karate-chopped the judge in the throat, sending him to his knees in great pain. After a visit to the E.R., doctors determined that Raffaele was not seriously injured.
The man in handcuffs, Charles Memminger, sustained "incredibly substantial bruises" on his back and abrasions to his face from where it was pressed into the sidewalk, according to his attorney, who plans to file a federal civil rights lawsuit against the city. (He also says he's in possession of video of the incident, which has yet to see the light of day.) Memminger was not charged, and it's still unclear what started the whole thing.
High Commissioner Ray Kelly himself has weighed in on the incident, telling reporters, "The investigation is going forward. We have to assemble the facts and, obviously, talk to officers who were on the scene. That’s all being either conducted now, or will shortly be conducted by the Internal Affairs Bureau."