On December 11, 2020, Kathleen Casillo accelerated her car into a crowd of people gathered to protest the horrific and inhumane conditions at the I.C.E. Detention Center in Bergen County Jail, hitting 9 people sending 7 people to the emergency room. Since the beginning of the protest, the New York City Police Department (“NYPD”), were trailing behind the protest in their vehicles and were not letting any cars get past the line of police cars. At the corner of 39th St. and Lexington Ave., a blue BMW appeared behind the line of police cars seeking passage. At that point, the police cars made the unprecedented move to part ways and let  Kathleen Casillo drive through their line and subsequently the protest. Ms. Casillo began by driving slowly through the crowd and menacing the protesters demanding passage until she decided to hit two people and then ultimately accelerated through the intersection and the crowd.  

Immediately after the attack, rather than pursuing the attacker as she fled the scene, the NYPD’s Strategic Response Group Unit (“SRG Unit”) violently pursued survivors of the attack, arrested someone who was almost hit by a car and delayed the Emergency Medical Technicians (“EMTs”) and ambulances from caring for the injured people. 

There were several anomalies about the arrest and prosecution of Kathleen Casillo which can only be attributed to her race, privilege, and status. First, upon arresting Ms. Casillo, the NYPD did not conduct a breathalyzer and did not take measures to preserve evidence in and around the vehicle, allowing the assailant to repeatedly reach into her vehicle and get her personal effects and belongings. 

Then, at the direction and discretion of  Assistant District Attorney (“ADA”) Andrew Mercer, instead of being detained until arraignment the NYPD issued Kathleen Casillo a Desk Appearance Ticket (“DAT”). This was only the beginning of the special treatment afforded to Kathleen Casillo by ADA Mercer. The ADA was very reluctant to charge the assailant with anything more than two misdemeanor charges of reckless endangerment when it was clear that Ms. Casillo knowingly and intentionally assaulted 9 separate individuals, and then fled the scene of the attack. ADA Mercer and the NYPD have failed to follow up with several victims and witnesses including people who are known to have serious and lasting injuries. 

WE DEMAND:

1. That AG Letitia James holds ADA Andrew Mercer accountable to the people of the city of New York for failing to accurately represent the harm done to the 9 individuals for whom he also works and is obliged to treat equally and fairly.
2. That New York City and State hold Kathleen Casillo accountable for her heinous decision to run over nine innocent and vulnerable people. 
3. A full and transparent investigation into the actions of the NYPD’s S.R.G unit on 12/11D by an independent agency.
4. State legislation that protects protestors from attacks by private citizens and an acknowledgment that state-sanctioned violence is tantamount to state action.