Lawsuit accuses cop of beating suspect

A Riverhead police officer is accused of beating a handcuffed suspect in a $1 million lawsuit scheduled for trial this fall.

The federal suit filed in November 2007 by William G. Robinson, 42, charges that Officer Peter Troyan unleashed punches on him after Robinson verbally snapped at another officer during his arraignment on charges of driving with a suspended license and drug possession.

The alleged beating occurred on Feb. 7, 2007, in the hallway leading to a courtroom in Riverhead Town Justice Court, but outside the view of the courtroom itself, said Robinson and his attorney. The incident was recorded on surveillance video.

Troyan could not be reached for comment. In court papers, Troyan "denies each and every allegation," stating that "any damages which may have been sustained by the plaintiff were contributed to in whole or in part by the culpable conduct of the plaintiff."

Riverhead Town Attorney Robert Kozakiewicz declined to comment, citing a policy to not speak about pending lawsuits. He said Troyan is still working as an officer. A town-hired lawyer is representing Troyan in the case.

Robinson, and his attorney, Brian Dratch of Livingston, N.J., said he was taken to Peconic Bay Medical Center in Riverhead and treated for lacerations to his face and lower back, bleeding under the skin and nerve damage in his left arm.

Dratch provided medical records from the Peconic Bay hospital, which describe cuts and bruises and complaints of back pain, and say Robinson declined to receive stitches for several cuts inside his mouth.

Robinson and Dratch said the scuffle erupted soon after Robinson said to one officer, "Get the ---- off me," because the officer tugged on him to move as he was trying to speak at the end of his hearing before Riverhead Town Justice Allen M. Smith.

The video, obtained by Dratch during discovery proceedings for the trial set for November in Central Islip, shows an officer launching punches to Robinson's head. The incident occurred as a door to the courtroom closed behind three uniformed officers who were escorting Robinson back into a lockup with his hands cuffed behind his back.

After Robinson is slammed against a wall and falls face-first to the floor, one officer punches him about the head several times. As the three officers hoist Robinson back onto his feet, the same officer kicks him in the face. Robinson's complaint identified the officer who punched and kicked him as Troyan.

"Mr. Robinson was subjected to an outright assault and battery by Officer Troyan, which included being kicked in the face," Dratch said. No complaint was made to the Suffolk district attorney's office, the lawyer said.

Dixon Palmer, president of the Riverhead Police Benevolent Association, said the union supports Troyan. "We stand behind him fully," Palmer said. "There was no evidence of any kind of injury. There was just a cut on his lip. It was nothing."

Riverhead has contracted with Bohemia-based attorney Scott Middleton to handle Troyan's defense. Middleton declined to comment.

U.S. District Court Judge Joanna Seybert rejected a bid by the defense to impose a gag order barring the release or broadcast of the video on grounds it could prejudice potential jurors.

Robinson, who was living in Riverhead at the time of the incident, has served prison terms for drug, burglary and robbery offenses, court records show. He is serving a six-year sentence in state prison for drug possession and sale, charges unrelated to the one that gave rise to the lawsuit, and is scheduled for release in June 2012.

Robinson received a 90-day sentence for the suspended license and drug possession charges that preceded the videotaped incident, according to town court records.