When A Noise Complaint And Cursing At Cops Leads To False Arrest And Excessive Force Complaint

 

A Staten Island man says he’s proud of his family’s support for the NYPD — but that all changed after a rowdy caught-on-camera clash with cops outside his family’s bagel shop

Both Awadeh Nemer, 30, and police agree the Nov. 5 melee erupted about 12:30 a.m. outside Diddle Dee Bagels on Richmond Road in Dongan Hills after two officers on traffic enforcement asked to see Nemer’s ID. He refused, and was arrested.  Who was being disorderly is where they disagree.

Police say Nemer was making too much noise and acting up. Nemer says he was innocent from the start.

Nemer insisted he was at the bagel shop to to help his family in case there were any tensions after the presidential vote Nov. 3. But he didn’t appreciate an unmarked car with tinted windows in the parking lot sending out “weird noises, like animal noises” from its speaker system.

Nemer said he assumed the occupants were kids. They were two uniformed NYPD officers.

“I’m like, ‘Guys keep it down, it’s 12:30 in the morning,” he said he screamed. “I was being loud, yes. ‘Guys, be quite — people are sleeping.’”

The car pulled away, then circled back — and out popped the officers. One told Nemer he was getting arrested.

“Getting arrested?” Nemer asked with a laugh. “What crime?”

Nemer said his family, which also runs a pizzeria and a food distribution company, regularly donates to police causes — and is aware how difficult police work can be. But he insisted he didn’t do anything wrong and didn’t want to hand over his ID. Then things got ugly.

Over the next few minutes Nemer and the NYPD duo went back and forth. Nemer accused one of them of trying to act tough by flexing. The officer who demanded Nemer’s ID warned that he’d call for backup.

“I told you I was going to get the whole precinct here,” the officer chided as more cops arrived. “And look what I did.”

When the officer reached for Nemer’s pocket, however, Nemer pushed the cop’s hand away — and the backup officers moved in to cuff him.

“Not fighting,” Nemer yelled repeatedly. Nemer charges he had to be treated for bruises from a volley of punches thrown at him.

After Nemer was issued a desk appearance ticket and released, he went home and spit up blood, he said. He said he’d recently had ulcer and hernia surgery, and alleged that getting kicked in the gut during the clash triggered the bleeding.

Nemer added that he’s seeing a therapist, and claims he has to pull over whenever he spots a cop car. “It’s stressing me out,” he said.

Nemer’s lawyer, Eric Subin, has filed a complaint with the Internal Affairs Bureau.

The NYPD said the incident is under internal review and that Nemer was charged with disorderly conduct, obstructing governmental administration and resisting arrest.

Subin said Nemer’s paperwork lists only resisting arrest. Regardless, he said the case should be dismissed. There’s been no explanation for the strange noises that first caught Nemer’s attention.

“The cops were the ones being disorderly,” Subin alleged.

While being processed at the 122nd Precinct, Nemer said a cop familiar with his family’s police donations recognized him, and that the two officers who first confronted Nemer apologized for what happened.

“I just said, ‘No, I’m good,’” Nemer said he replied. “It’s too late now.”

The NYPD didn’t answer any questions about the purported apology.

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