Rosemary Maldonaldo: NYPD judge faces backlash after trying to dismiss charges against cops involved in Bronx shooting

It was the first day of trial for officers Brendan Thompson and Herbert Davis in the death of Kawaski Trawick

UPDATED APR 25, 2023

Rosemary Maldonaldo kept pitching up her frustration with her arguments during the trial (Richmond University)

BRONX, NEW YORK: It was an unprecedented scene when a court hearing turned into a heated shouting match. On Monday’s proceeding, April 24, an NYPD judge ruled to toss trespassing charges against the officers involved in a fatal 2019 shooting in the Bronx. This soon escalated to attorneys losing their temper, before the cops’ disciplinary trial could intervene. It was the first day of trial for Officers Brendan Thompson and Herbert Davis in the death of Kawaski Trawick, when NYPD Deputy Commissioner of Trials Rosemary Maldonaldo and Civilian Complaint Review Board lawyer Andre Applewhite got into shouting at each other.

It was Applewhite who brought the motion of last week where a judge dismissed trespassing charges, which was also the most minor rap against the accused officers. “The CCRB [Civilian Complaint Review Board] plans to proceed with the charge so that the police commissioner can make an informed decision” about potential disciplinary action against the cops, the lawyer argued. However, Maldonaldo wasn’t ready to let it go, countering with the CCRB, which is prosecuting the case, had ‘blown the state’s statute of limitation for the charge.’ After questioning Applewhite on several dates required to stick to the statute of limitations, she said “The CCRB let that slip and go by.”

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Applewhite tried to interject several times, to explain that it was NYPD that is responsible for the delay by dragging its feet in releasing bodycam footage from the incident. But that didn’t happen as Maldonaldo kept pitching up her frustration with her arguments. “Please be seated!” the judge eventually ordered. “I will not be seated! CCRB will be heard on this matter!” Applewhite snapped back while the judge finally slammed her gavel, ordering a five-minute recess to discuss the objections in her chambers. As per law, an NYPD judge can recommend a charge against a police officer should be dropped, but only the commissioner can officially dismiss a rap after an internal trial concludes. Furthermore, the jurist’s recommendations need to be sent to the top cop’s office, according to New York Post.

'It went against NYPD training'

Once the proceeding resumed in the chamber about 20 minutes later, the judge said that she would be going with the trespassing charges being dropped on both officers. From then on everything went as per the book with no hiccups. The court was shown videos from the shooting, which is already made public by the Bronx DA’s office two years ago. The 911 and radio calls from the shooting night were also presented. One of the officers Thompson, faces charges of excessive force, for allegedly using his Taser improperly. And CCRB attorneys argued that it went against NYPD training and escalated the exchange with Trawick.

'Instead of de-escalating they provoked'

“When confronted with Mr Trawick, the officer ignored their training of de-escalation, instead of de-escalating they provoked the situation,” said CCRB lawyer Brian Arthur in his opening statements. Thompson’s partner Davis, with more years of experience repeatedly told him not to use force on Trawick as Trawick was standing next to his stove in his apartment holding a bread knife and stick. Meanwhile, an attorney for the cops argued that the officers were already cleared by the former police commissioner, Dermot Shea, the NYPD’s internal force investigations unit, and the Bronx DA.