E-NEWSLETTER: December 2016

Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice

The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.

RECENT VERDICTS AND SETTLEMENTS
$7.75 million- Civil Rights and wrongful death action brought by the family of deceased

$4.7 million- Repeated verbal and physical assaults on Yemeni-American employee, while supervisor failed to protect employee and discipline the assailant

$1.277 million- Race based attack and serious injury by violent acts against Plaintiffs, who were lured to an isolated warehouse

$2.8 million- Wrongful death, products liability case involving a tow motor accident at a sewage treatment plant

Falsely Accused Victim Is Vindicated–Criminal Charges Dismissed

In this criminal action in which Mr. Nahshon White was initially charged with Felony Assault, the charges were eventually dismissed. Initially Mr. White was charged with violating Penal Law § 120.05 (2), Assault in the Second Degree and Possession of a Weapon in violation of Penal Law § 265.02(2). The felony charge was converted to a violation of §120.00(1) on May 12, 2016. The matter arises from an assault on Mr. White on October 22, 2015 by another man, who happened to be the brother of Mr. White’s wife. Mr. White had previously obtained an Order of Protection against this individual and on that date the attacker admitted and explicitly states that "I saw my brother-in-law Nashoun (sic) White sitting in his car." He further goes on to admit that, "I drove up towards Nashoun (sic) and got out" and then goes on to admit that he " threw a few punches." These statements clearly showed that the person who was charging Mr. White was the initial aggressor, who acted in violation of an Order of Protection, when he got out of his car to attack Mr. White. The proof in the case also demonstrated that due to the assault on Mr. White, he sustained serious injuries to his head, which included 3 staples on back of his head, severe swelling on his face, a cut to his right hand thumb, and he also had Two (2) lacerations on the back of his body.

Mr. White had just returned from work and was sitting outside in his apartment’s parking lot, when the attacker walked up to the Mr. White's car and started yelling profanities and threatening Mr. White by yelling and calling Mr. White numerous names and stating "I am going to kill you." The place of incident was essentially the same location of Mr. White’s residence and the attacker admitted driving to the parking lot where Mr. White was parked and attacking Mr. White. After the attacker approached Mr. White, the attacker started banging on the drivers side window, opened Mr. White's car door, and then started viciously attacking Mr. White. He punched Mr. White in his face numerous times and slammed his head into the car and tried to strangle Mr. White, which virtually rendered him unconscious.

While being attacked, Mr. White was left with no choice but to defend himself from the attacker, who had been ordered to "refrain from assaulting, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion or any criminal offense against Nahshon Robert White." The attacker even obtained a screw driver from the back seat of his car to attack Mr. White, and while Mr. White tried to get back to his car to protect himself from the attacker, the attacker also damaged Mr. White's car by repeated kicking the driver side of the car, which caused a dent in Mr. White's car. The force required to dent the metal car door was enormous. Mr. White was the real victim here, and the attacker, by his own admissions was the one who violated the Court Order of Protection issued to protect Mr. White.

On October 11, 2016 Judge Valerie Alexander of the Nassau County District Court issued a decision dismissing the case and charges against Mr. White. In that order, she allowed the District Attorney of Nassau County 30 days to recommence the charges if they had more and different evidence. After waiting, the District Attorney did not recommence the charges and on December 9, 2016, all charges against Mr. White were fully dismissed and Mr. White was a free man of all the false claims against him.

The Court’s decision dismissing the charges can be found here.

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© 2016 BY LAW OFFICES OF FREDERICK K. BREWINGTON