by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 2 – A misdemeanor criminal plea to Deprivation of Rights under Color of Law was entered by Dustin Genco on August 2, 2023 before U.S. District Court for the Southern District of New York Magistrate Judge James L. Cott.
Inner City Press live tweeted it, thread here:
OK - now inside SDNY Magistrates court, unannounced misdemeanor guilty plea of former NYPD officer to lesser included offense of deprivation of rights under color of law. 12 month maximum sentence.
Update: the defendant, who keeps his guns after guilty plea to misdemeanor, is Dustin Genco. He "pled guilty to depriving an individual of his constitutional right to be free from excessive force: assault while the Victim was restrained in handcuffs. Defense lawyer says maybe suspect wasn't *fully* cuffed.
AUSA: The plea agreement is unique. Judge: It says defendant will not seek law enforcement employment. Do you agree? Answer: Yes. Defendant is being let off on Count 2,Obstruction. Could be reinstated if he obtains (or just seeks?) law enforcement employment.
Sentencing set for 10 am on December 6, which judge emphasizes is neither Thanksgiving or Christmas. AUSA: We propose release on unsecured $100,000 bond, surrender guns, no contact with victim or potential witnesses. Defense lawyer turns to those in Mag Court gallery and gestures, apparently meaning, Not agreeing to this. A
USA cites case of Ed Mullins (Inner City Press publish warrants: Officer's allocution says his partner was too small, he didn't understand the fentanyl suspect's Spanish and "didn't kick him hard" while he was handcuffed, in The Bronx.
Defense: We want no supervision. He has an NYPD pension. Everyone in the courtroom is a member of law enforcement who supports him. He traveled for the DEA to Colombia
Defense: My client could have just pulled out his gun...The victim wasn't bruised and is now in jail [and suing?]
Defense lawyer: No need to turn in passport. He believes in the justice system. He has a right to his guns.
Judge: I'll set these conditions: $50,000 bond, travel OK to all 48 continental US states, just notify Pre-Trial. Turn in passport. No guns in residence for August 9 Pre Trial visit - can come back in after..
The case is US v. Genco, 23-cr-391 (Subramanian / Cott)
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