Anthony Baez
Encyclopedia
Anthony Ramon Baez was a 29-year old security guard
who died on December 22, 1994. His death occurred early in the morning on Cameron Place in the Mount Hope section of the Bronx, New York
. The fatal encounter began when the man, Anthony Baez, and his brothers hit a police car
more than once with their football late at night around 1:30 am. Officer Francis X Livoti ordered them to go home. After some discussion among themselves, the Baez brothers decided to continue their game, playing in the opposite direction. The situation escalated when Baez's brother David defied the officer's direct orders to leave. Officer Francis Livoti arrested David Baez first for disorderly conduct after the Baez’s failed to comply with a police officer’s direct orders. He then attempted to arrest Anthony Baez, who had protested his brother's arrest by crossing his arms in front of his chest. A scuffle ensued, while other officers arrived on scene.
and it took four police officers to handcuff him and bring him to the ground. Anthony Baez was subsequently declared dead after being taken to the hospital by the police when a dispatched
ambulance
by Sgt. William Monahan, failed to arrive. The New York City Medical Examiner
ruled that Anthony Baez' death was caused by asphyxiation due to "compression of his neck and chest", as well as acute asthma. Dr. Hirsch said that the classification of homicide
indicated the death was caused "either entirely or partially" by "the actions of another person" but that it was not a ruling on blame.
Phil Caruso, the president of the Patrolmen's Benevolent Association
, said that Anthony Baez “resisted violently when they attempted to put handcuffs on him, that's when he had the asthmatic attack." Sgt. William Monahan later testified that after the struggle, he saw Mr. Baez, handcuffed, stand up and walk briefly, with assistance from Officer Francis Livoti.
Livoti was the subject of several civilian complaints for excessive force, none of the complaints were substantiated and all of which (until then) had been dismissed by the Civilian Complaint Review Board.
In his defense, Livoti denied that he had used a choke hold, asserting that any choking was unintentional and that he had not caused Baez's injuries
or death. Three officers at the scene testified that they did not see anyone put Baez in a choke hold, that Baez was resisting arrest when Livoti handcuffed him, and that Baez was conscious
after being restrained. Baez' father and brothers testified that Livoti did put Baez in a choke hold, and that Baez was limp when Livoti handcuffed him. Officer Francis Livoti also contends that the district court failed to consider that Baez at least contributed to the confrontation by resisting his (Livoti’s) efforts to handcuff him (Baez) behind his back.
The death of Anthony Baez during the Christmas
season created sensational media attention. Baez’s death was seized on by people who said that the police are too quick to use deadly force. This was the third and most notable incident involving NYPD police brutality
in 1994, and in some previous cases the officers were acquitted.
In December 1995, Livoti was reindicted for criminally negligent homicide. Livoti's trial began in September, 1996. He had waived his right to a jury trial and instead opted to have the case heard solely by a judge. In October 1996, Officer Francis Livoti was acquitted by a State Supreme Court Justice.Fearing reprisals and heeding to the outcries of the public, the Feds stepped in.
The Federal prosecutors were not constrained by double jeopardy, which is, charging Livoti twice with the same crime. Instead they turned to the same civil rights statute that was used to convict Los Angeles police officers Stacey C. Koon and Laurence Powell for the beating of Rodney King. Officer Daisy Boria was considered a distant relative of the Baezes and was present at his arrest in 1994. She contradicted three of her fellow police officers, including her partner.Boria had testified that she saw no confrontaton between Livoti and Baez. However, in 1987, she had been indicted on perjury charges by the Manhattan District Attorney
for lying about an insurance case. She was later acquitted.
In 2003, disciplinary charges were brought against two other officers, Mario Erotokritou and Anthony Farnan, involved in the death of Anthony Baez. Both officers were summarily dismissed.
Baez's widow filed a $13 million wrongful death claim in 1995. She settled with the NYPD for $3 million in October, 1998.
In 2000 the street where Baez died was renamed Anthony Baez Place.
, Amadou Diallo
and Baez.
Security guard
A security guard is a person who is paid to protect property, assets, or people. Security guards are usually privately and formally employed personnel...
who died on December 22, 1994. His death occurred early in the morning on Cameron Place in the Mount Hope section of the Bronx, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
. The fatal encounter began when the man, Anthony Baez, and his brothers hit a police car
Police car
A police car is a ground vehicle used by police, to assist with their duties in patrolling and responding to incidents. Typical uses of a police car include transportation for officers to reach the scene of an incident quickly, to transport criminal suspects, or to patrol an area, while providing a...
more than once with their football late at night around 1:30 am. Officer Francis X Livoti ordered them to go home. After some discussion among themselves, the Baez brothers decided to continue their game, playing in the opposite direction. The situation escalated when Baez's brother David defied the officer's direct orders to leave. Officer Francis Livoti arrested David Baez first for disorderly conduct after the Baez’s failed to comply with a police officer’s direct orders. He then attempted to arrest Anthony Baez, who had protested his brother's arrest by crossing his arms in front of his chest. A scuffle ensued, while other officers arrived on scene.
Personal details
Anthony Baez was 5 feet 6 inches tall, 270 pounds, and asthmatic. Officer Livoti was 5 feet 10 inches tall and 170 pounds. Mr. Baez had allegedly resisted arrestResisting arrest
Resisting arrest is a term used to describe a criminal charge against an individual who has committed, depending on the jurisdiction, at least one of the following acts:* threatening a police officer with physical violence while being arrested...
and it took four police officers to handcuff him and bring him to the ground. Anthony Baez was subsequently declared dead after being taken to the hospital by the police when a dispatched
Dispatcher
Dispatchers are communications personnel responsible for receiving and transmitting pure and reliable messages, tracking vehicles and equipment, and recording other important information...
ambulance
Ambulance
An ambulance is a vehicle for transportation of sick or injured people to, from or between places of treatment for an illness or injury, and in some instances will also provide out of hospital medical care to the patient...
by Sgt. William Monahan, failed to arrive. The New York City Medical Examiner
New York City Medical Examiners Office
The Office of Chief Medical Examiner of the City of New York investigates cases of persons who die within New York City from criminal violence; by casualty or by suicide; suddenly, when in apparent good health; when unattended by a physician; in a correctional facility; or in any suspicious or...
ruled that Anthony Baez' death was caused by asphyxiation due to "compression of his neck and chest", as well as acute asthma. Dr. Hirsch said that the classification of homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
indicated the death was caused "either entirely or partially" by "the actions of another person" but that it was not a ruling on blame.
Phil Caruso, the president of the Patrolmen's Benevolent Association
Patrolmen's Benevolent Association
Patrolmen's Benevolent Association or Policemen's Benevolent Association ' is the name of several labor unions representing police officers. One such union is the Patrolmen's Benevolent Association of the City of New York, which is the largest union representing members of the New York City Police...
, said that Anthony Baez “resisted violently when they attempted to put handcuffs on him, that's when he had the asthmatic attack." Sgt. William Monahan later testified that after the struggle, he saw Mr. Baez, handcuffed, stand up and walk briefly, with assistance from Officer Francis Livoti.
Livoti was the subject of several civilian complaints for excessive force, none of the complaints were substantiated and all of which (until then) had been dismissed by the Civilian Complaint Review Board.
In his defense, Livoti denied that he had used a choke hold, asserting that any choking was unintentional and that he had not caused Baez's injuries
Injury
-By cause:*Traumatic injury, a body wound or shock produced by sudden physical injury, as from violence or accident*Other injuries from external physical causes, such as radiation injury, burn injury or frostbite*Injury from infection...
or death. Three officers at the scene testified that they did not see anyone put Baez in a choke hold, that Baez was resisting arrest when Livoti handcuffed him, and that Baez was conscious
Consciousness
Consciousness is a term that refers to the relationship between the mind and the world with which it interacts. It has been defined as: subjectivity, awareness, the ability to experience or to feel, wakefulness, having a sense of selfhood, and the executive control system of the mind...
after being restrained. Baez' father and brothers testified that Livoti did put Baez in a choke hold, and that Baez was limp when Livoti handcuffed him. Officer Francis Livoti also contends that the district court failed to consider that Baez at least contributed to the confrontation by resisting his (Livoti’s) efforts to handcuff him (Baez) behind his back.
The death of Anthony Baez during the Christmas
Christmas
Christmas or Christmas Day is an annual holiday generally celebrated on December 25 by billions of people around the world. It is a Christian feast that commemorates the birth of Jesus Christ, liturgically closing the Advent season and initiating the season of Christmastide, which lasts twelve days...
season created sensational media attention. Baez’s death was seized on by people who said that the police are too quick to use deadly force. This was the third and most notable incident involving NYPD police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
in 1994, and in some previous cases the officers were acquitted.
Criminal trials and investigations
In March 1995, a Bronx grand jury indicted Livoti on charges of manslaughter in the second degree. Homicide charges were thrown out after an indictment with an incorrect charge was noted.In December 1995, Livoti was reindicted for criminally negligent homicide. Livoti's trial began in September, 1996. He had waived his right to a jury trial and instead opted to have the case heard solely by a judge. In October 1996, Officer Francis Livoti was acquitted by a State Supreme Court Justice.Fearing reprisals and heeding to the outcries of the public, the Feds stepped in.
The Federal prosecutors were not constrained by double jeopardy, which is, charging Livoti twice with the same crime. Instead they turned to the same civil rights statute that was used to convict Los Angeles police officers Stacey C. Koon and Laurence Powell for the beating of Rodney King. Officer Daisy Boria was considered a distant relative of the Baezes and was present at his arrest in 1994. She contradicted three of her fellow police officers, including her partner.Boria had testified that she saw no confrontaton between Livoti and Baez. However, in 1987, she had been indicted on perjury charges by the Manhattan District Attorney
New York County District Attorney
The New York County District Attorney is the elected district attorney for New York County , New York. The office is responsible for the prosecution of violations of New York state laws....
for lying about an insurance case. She was later acquitted.
In 2003, disciplinary charges were brought against two other officers, Mario Erotokritou and Anthony Farnan, involved in the death of Anthony Baez. Both officers were summarily dismissed.
Conclusion
In June 1998, Livoti was convicted in Federal court of violating Anthony Baez’s civil rights, and was sentenced to seven and a half years in federal prison. Livoti denies using an illegal choke hold on Anthony Baez, and contends that Baez died because he struggled while resisting arrest after playing football in the cold, exacerbated by his asthma. Livoti was released in April 2005, after serving six and a half years.Baez's widow filed a $13 million wrongful death claim in 1995. She settled with the NYPD for $3 million in October, 1998.
In 2000 the street where Baez died was renamed Anthony Baez Place.
Film
A documentary film, Every Mother's Son, profiles the mothers of three men killed by the NYPD and their legal and political efforts, was made in 2004, about the cases of Gidone BuschGidone Busch
Gidone Busch was a 31-year old Torah observant Jew who was shot to death by officers of the New York City Police Department on August 30, 1999 in Borough Park, Brooklyn. Busch, a mentally disturbed man also suffering from kidney disease was wielding a hammer and threatening police when he was shot...
, Amadou Diallo
Amadou Diallo
Amadou Diallo was a 23-year-old Guinean immigrant in New York City who was shot and killed on February 4, 1999 by four New York City Police Department plain-clothed officers: Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss. The four officers fired a total of 41 shots...
and Baez.