Two Puerto Rico police officers have been indicted on federal civil rights and perjury charges for allegedly using excessive force on two men who were celebrating the local election results at the Las Colinas housing development in Yauco, Puerto Rico, on November 5, 2008.
Lieutenant Erick Rivera Nazario and Officer Jimmy Rodriguez Vega are accused of violating the constitutional rights of Jose Irizarry Perez and his father Jose Irizarry Muniz. The indictment alleges that Rivera and Rodriguez physically struck and assaulted Irizarry Perez and Irizarry Muniz with police batons, resulting in bodily injury to both of them.
Rivera, who was a sergeant at the time of the incident, is also charged with failing to intervene and keep the victims from harm when Rodriguez assaulted the victims in Rivera’s presence. Additionally, Rivera is charged with making false declarations to the federal grand jury related to his actions and observations during the incident.
The indictment does not include charges that the death of Jose Irizarry Perez resulted from the defendants’ conduct, as Perez died as a result of his injuries on November 5, 2008.
According to the indictment, Rivera faces a maximum penalty of ten years in prison and a fine of $250,000 for each of four charged counts of civil rights violations, as well as a maximum penalty of five years in prison and a fine of $250,000 for one charged count of making false declarations before the grand jury. Rodriguez faces a maximum penalty of ten years in prison and a fine of $250,000 for each of two charged counts of civil rights violations.
An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty. The case is being investigated by the San Juan Division of the FBI and is being prosecuted by Assistant U.S. Attorney Jose A. Contreras from the U.S. Attorney’s Office for the District of Puerto Rico and Senior Litigation Counsel Gerard Hogan and Trial Attorney Shan Patel from the Civil Rights Division.
The indictment was announced by Thomas E. Perez, Assistant Attorney General for the Civil Rights Division; Rosa Emilia Rodriguez-Velez, U.S. Attorney for the District of Puerto Rico; and Joseph Campbell, Special Agent in Charge of the FBI San Juan Field Office.
Defendant: Erick Rivera Nazario, a Puerto Rico police officer, is the defendant in this case.
Criminal Charges: Rivera and Rodriguez are charged with violating the constitutional rights of two men, using excessive force, and making false declarations to the federal grand jury.
City and State: The incident occurred in Yauco, Puerto Rico.
Exact Date: The incident occurred on November 5, 2008.
Sentence or Outcome: Rivera and Rodriguez face maximum penalties of up to 25 years in prison and fines of up to $1 million, but are presumed innocent until proven guilty.
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Key Facts
- State: Federal
- Category: Violent Crime
- Source: DOJ Press Release â†â€â€
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