Statement Of Ronai & Ronai, LLP And Caesar Gonzalez, Jr., Attorneys Representing Adalberto Gonzalez
SURVIVOR OF DIRT BIKE HIT BY THE POLICE VEHICLE IN THE BRONX ON AUGUST 11, 2012, REGARDING THE VIDEO TURNED OVER BY THE BRONX DISTRICT ATTORNEY JUST DAYS AGO:
Ronai & Ronai, LLP, the attorneys representing Adalberto Gonzalez in his civil case against The City of New York and the New York City Police Department, and Caesar Gonzalez, Jr., the attorney defending him for criminal charges, are appalled and outraged by the video released by the Bronx DA a few days ago. The video, which shows that the police vehicle driven by Officer Edward McClain, without the use of any lights or siren, first struck the rear of the dirt bike which Adalberto was sitting on and standing still while talking to a friend, knocking him off the bike and then subsequently pursued and rammed the back of the second dirt bike at a high rate of speed with no braking, injuring Adalberto and killing the driver Eddie Fernandez.
The video was finally turned over by the DA just days before the criminal trial for Adalberto was set to begin, wherein he is being charged with reckless driving, reckless endangerment and resisting arrest.
"The fact that Officer McClain hit our client while he was stopped on his bike, causing Adalberto to be knocked off, then made a u-turn and targeted him again to strike him a second time at such a high rate of speed, appears to show that Officer McClain's intentions were to hit our client. He decided he would be the judge, jury and executioner that day." Peter Ronai, one of Adalberto’s civil attorneys stated.
Attorney Holly Ostrov Ronai, Adalberto’s other civil attorney added that "From the beginning, the police and the DA have maintained that this was an 'accident' but anyone viewing this video can see that this clearly was no accident. It’s a travesty of justice that they have allowed Officer McClain to not only get away with what he did, but to permit him to continue acting as a police officer." It is our opinion that "The only plausible explanation is that this "ramming or bumping method" was sanctioned or even ordered by the NYPD. An eerily similar (fatal) incident occurred just two months after this one, also in the Bronx, and another last night in the Bronx...that’s no coincidence." she added.
Caesar Gonzalez, Jr., the criminal attorney representing Adalberto is confident that Adalberto will be cleared of all charges at the trial which is set to begin Thursday. "All of the charges against Adalberto stem from actions subsequent to the police car hitting his dirt bike the first time and knocking him down, but he did what anyone would have done in that bizarre situation...abnormal actions beget abnormal reactions" stated Mr. Gonzalez.
The criminal trial which has been postponed until this Thursday, is estimated to last between one to two weeks, after which time the civil action against The City of New York and the New York City Police Department will continue.
Holly Ostrov Ronai (Ronai & Ronai, LLP)
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