BREAKING: NYC Pays $58K For Wrongful “Gravity Knife” Arrest

This is the picture of a winner!

This is the picture of a winner!

In a win for knife owners, New York City has settled with electrician Bernard Perez, agreeing to pay him $57,500 for falsely arresting him for carrying a gravity knife. As we have covered here extensively, even Big Apple attorneys are starting to realize that their interpretations of state gravity knife laws are bullshit. The knife in question for Mr. Perez seems to be a Spyderco Delica knock-off, and it is the locking blade that probably got him into trouble with Johnny Law. Check this out.

bernard-perez-knife

From the New York Daily News: NYC pays $57G to plumber after cop wrongfully arrested him for utility knife

Bernard Perez has a $57,500 settlement from the city to support his argument that he was carrying a utility knife to strip insulation off wiring — not an illegal gravity knife as Officer Justin Delmonico had claimed.

Perez, 48, spent two days in jail and then three follow-up trips to court culminating in a fateful meeting in an assistant district attorney’s office, where Delmonico was asked repeatedly to demonstrate how the knife blade flicked open — and couldn’t.

After Delmonico’s demonstration gone wrong, the prosecutor told the judge they were sticking a fork in the criminal case.

“We are satisfied that the knife is not in fact a gravity knife,” the prosecutor said, and moved to dismiss the charge against Perez, according to papers filed in Brooklyn Federal Court.

But the prosecutor’s concession was not good enough for city lawyer Jenny Weng, who was fighting Perez’s lawsuit.

“She argued that the cop believed it was a gravity knife at the time he seized it, but it was no longer functioning as a gravity knife at the time of the demonstration in the DA’s office four months later,” Berger said.

The city relented, signing off on the $57,500 deal on Aug. 21.

Good on the city attorney for fighting the charges. At least she didn’t recommend Perez plead guilty, as we have seen in other NYC cases that were eventually settled. Nothing on the ground has changed yet, but cases like these are bound to increase pressure on New York politicians to fix the fiasco that are New York City knife laws. Congratulations to Mr. Perez!

comments

  1. Dan Zimmerman says:

    Punching back twice as hard. The only way to fight back against these inane laws is to make it expensive for them to enforce them. Particularly when they get them wrong.

  2. DaveP326 says:

    Maybe if the city is sued for false arrest, the arresting officer should receive some negative feedback, career-wise., such as losing a detail or a freeze on promotions for a period of time.

  3. Mike L says:

    You have to love how lawyers, no…scumbag lawyers, use language. “NO LONGER functioning….”

    Like somehow it used to. That the cop had in fact described reality …back then. Subtle use of language to protect themselves and the cop. While the guy got money it is a loose for the public. A lying cop just walked. To go on to a full career of 100k W2’s and then 40 years of retirement at half pay. Sickening.

    1. ChuckN says:

      Agreed. So Perez got a settlement, so what. The last
      thing I see happening, even after the chance of the
      LEO getting a black mark on his record, is the NYPD
      taking 10 minutes to tell and show all LEOs the
      difference between gravity, switchblade, and lockback
      knives.

  4. Daniel J. Benoit says:

    Good for the winner.
    GRAVITY KNIFE !!!
    Are they deaf and paralyzed in the hands with a third grade education. And I hope Mr. Perez makes good use of the winnings. In my view it should have been more.

    Daniel

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BREAKING: NYC Pays $58K For Wrongful “Gravity Knife” Arrest

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