A former NYPD sergeant was convicted of attempted assault Wednesday for pummeling a man whose partner called 911 for help with her emotionally distressed son.
Christian Zapata, 37, was found guilty of third-degree attempted assault — and was acquitted of third-degree assault — stemming from a Dec. 7, 2022, confrontation in Harlem.
The former sergeant laid into the man, Jerome Collins, 43, after he pleaded with Zapata and his colleagues to wear face masks, according to trial evidence. Collins’ partner had called the cops for help with her autistic 15-year-old son, who was in extreme distress.
Jerome Collins poses for a photo Wednesday, September 27, 2023, in The Bronx, New York. (Barry Williams for New York Daily News)
The assault occurred when Collins went to check on the boy after authorities arrived on the scene, and Zapata told him that he was interfering with EMS and would be arrested, Manhattan Supreme Court Justice Curtis Farber heard at the trial.
Another cop, Officer Miguel Acevedo, then led Collins down a hallway. When Collins swatted Acevedo’s hand away, he was restrained and punched repeatedly by Zapata for about nine seconds until other officers intervened, urging their supervisor to back down.
“I was beaten like a dog in the street,” Collins told the Daily News in a 2023 interview. “Why would this guy punch me? Why would I get punched if I’m asking for your help? You’re supposed to be here to protect and serve. Nobody protected or served that day.”
Farber, who presided over Zapata’s bench trial, sentenced him to time served. He faced the possibility of a 364-day jail sentence.
According to public records, Zapata, who joined the force in 2011, made $172,000 last year. He had been promoted to sergeant months before the incident and, after it, was demoted to officer. A NYPD spokesman told The News on Wednesday that Zapata has retired.
Zapata’s attorney, Andrew Quinn, declined to comment.
In a statement, Manhattan District Attorney Alvin Bragg, whose office brought the case, said, “Police officers have challenging jobs and I have the utmost respect for our men and women in uniform, but the use of unlawful force cannot be permitted. Holding members of law enforcement accountable when they break the law is essential for public safety and upholding the public’s trust.”
Collins was arrested at the scene for obstruction of justice and resisting arrest, but Bragg’s office declined to prosecute the case. Collins later sued the city in a civil matter, resulting in a $300,000 settlement, according to his lawyer Neil Wollerstein, who said he was relieved Zapata was held accountable but questioned the punishment.
“If this was a Joe Blow regular civilian, someone of a variety of other communities, they would get community service if they were convicted. They would get, at the very least, an anger management program,” Wollerstein added.
“Why is it that he got time served and “have a nice day”? … The punishment lacks any ability to deter officers from crossing that line from force into criminal conduct because nothing’s going to happen to them.”