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Teen sues New Rochelle, 7 cops, claims police lied in robbery-try case against him


Teen sues New Rochelle, 7 cops, claims police lied in robbery-try case against him

NEW ROCHELLE — Seven months after being cleared in an attempted robbery case, a New Rochelle teenager is alleging in a federal lawsuit that city police officers presented false information to a grand jury in the case in order to bring criminal charges against him.

Devonte Burns is suing the city, officers Juan Torres, Kenneth Hudson, Robert Ferguson and four unnamed officers, seeking an unspecified amount of money.

The lawsuit claims Torres, Hudson and Ferguson “falsely and wrongfully alleged” in a criminal complaint and “falsely and wrongfully testified” before a grand jury that the victim in the July 2010 robbery and two other witnesses positively identified Burns as the would-be robber.

Burns was charged with attempted second-degree robbery, attempted fourth-degree grand larceny and second-degree assault, but the charges were dismissed at the request of prosecutors, who found issues with the witnesses’ identification of Burns.

Attorney Kathleen Gill, who represents the city, declined comment, saying she hasn’t seen the lawsuit, which was filed Friday. Officers Torres, Hudson and Ferguson could not be reached for comment.

The case centers around Burns’ arrest in an attempted robbery that happened at 9:36 p.m. July 20, 2010, near Lincoln Avenue and Memorial Highway. A passenger was boarding a bus when a man tried stealing his wallet from his back pocket. As the victim turned, the man punched and kicked him, before running away and joining other men, as passengers on the bus yelled, the lawsuit says.

Shortly after the attempted robbery, a detective saw a group of men in the area that included Burns, the lawsuit says. The men dispersed. Officers stopped Burns a couple of blocks away from the attempted robbery, near Sickles Avenue and Guion Place, and arrested him.

According to the lawsuit, the victim told police he couldn’t identify the attacker, but Torres “falsely and fraudulently wrote out a statement” for him, claiming that he positively identified Burns.

The suit also alleges that Hudson wrote a statement for another witness that identified Burns as the attacker even though police showed Burns to the witness and she can be heard on a patrol car video saying, “That’s not him.”

Burns, who was 17 when he was arrested, is alleging malicious prosecution, false arrest and assault. As a result of the allegations against him, Burns was disqualified from playing varsity football for two seasons, had to attend an extra year of high school, couldn’t use his Xbox, had to attend court on 15 occasions and was humiliated, the lawsuit says.