Cop Who Knelt On Man's Back On Upper West Side Pleads Guilty: DA

UPPER WEST SIDE, NY — A New York Police Department sergeant who punched and knelt on the back of a handfucffed man in an Upper West Side train station who yelled, "I can't breathe," has pleaded guilty to assault, prosecutors announced on Wednesday.

Phillip Wong, 37, made the guilty plea in connection with the April 2020 assault on the Upper West Side, as well as a separate incident six months earlier in Harlem.

At the time of the April 29, 2020, incident, Wong was observing officers under his supervision arrest a man at the West 96th Street and Broadway station for punching another passenger.

As the NYPD officers led the man out of the station, he yelled anti-Asian slurs at Wong and kicked him in the leg, prosecutors said. Wong and another officer quickly tackled the man to the ground with his arms handcuffed behind his back and knelt on his back, according to the Manhattan DA.

Prosecutors said the man continued to taunt Wong, and then shouted — "I can't breathe!"

"I don't give a f*** if you can breathe or not," Wong responded as he punched him in the face, according to the DA's office.

The NYPD said last year that Wong, a 15-year veteran of the force, had been suspended without pay at the time of his arrest.

A spokesperson from the Department told Patch on Wednesday that Wong'scurrent duty status is "modified," which means he is on desk duty and not going on patrols.

City records show he still earned $109,360 as a sergeant last year.

"Law enforcement officials are sworn to serve and protect their communities, including New Yorkers in their custody," District Attorney Alvin Bragg said in a statement Wednesday, after Wong's guilty plea.

Specifically, Wong has been charged with assault in the third degree and attempted assault in the third degree.

Punching A Man In Handcuffs

The first incident happened in October of 2019, when Wong was assigned to a transit patrol based at the 145th Street-St. Nicholas Avenue subway station.

On the day, Wong led a handcuffed man into a holding cell, the man kicked the door and began spitting at Wong and two fellow officers, prosecutors said. Wong then pushed past the other officers, opened the cell door and punched the man in the face, prosecutors said.

• Read More: Cop Who Punched Handcuffed Man In Harlem Cell Pleads Guilty: DA

The victim was taken to a hospital for cuts above his right eye, which required stitches, prosecutors said. The incident had been reported by Wong's supervisor to the NYPD's Internal Affairs Bureau, the New York Times reported last July, when Wong was first arrested.

NYPD guidelines bar officers from using force against people who are handcuffed, except to prevent someone from resisting or to prevent injury or escape.

Patch reporter Nick Garber contributed to this report.