Update: Providence officer pleads not guilty to assault

Published Feb. 24, 2010 at 10:35 p.m.

By Michelle R. Smith
Associated Press

PROVIDENCE, R.I...-- A Providence police officer caught on video beating a handcuffed man with a flashlight pleaded not guilty Wednesday to a felony assault charge.

Journal photo/ Kathy Borchers
Providence Police Detective Robert DeCarlo, 45, right, is arraigned in Providence Superior Court before Judge William E. Carnes Wednesday morning.

Detective Robert DeCarlo, 45, also pleaded not guilty in Providence Superior Court to simple assault on Luis Mendonca, whose last known address is 88 Sylvian St., Central Falls. DeCarlo was released on the understanding that if he failed to appear in court he would have to pay $10,000.

The video, shot in a parking lot about a block from the court building the night of Oct. 20, showed Mendonca running from police, then struggling with them. Police were investigating a break-in at the Rhode Island School of Design.

After he is handcuffed and surrounded by officers, one officer is seen apparently kicking and striking him with a flashlight.

Mendonca's family and lawyer say he was in a coma for two days because of his injuries.

DeCarlo made no comment outside the courthouse. But his lawyer, Peter DiBiase, said his client regretted what happened.

"No one feels worse about this than Mr. DeCarlo," DiBiase said.

DiBiase said the video doesn't show the whole story, adding that it was dark and DeCarlo did not see that Mendonca, 21, was handcuffed. DiBiase said that the chase went on for 10 minutes, that Mendonca had previously refused to surrender at gunpoint, and that DeCarlo made a split-second decision based on frantic calls over the police radio.

"This was a dangerous, dangerous situation," he said. "What he saw was a suspect resisting arrest."

DeCarlo was suspended without pay on Monday, the day he was indicted, pending the outcome of the case.

Mendonca's family attended the court hearing and said they were upset that the Providence Police Department did not act more quickly to discipline DeCarlo. His sister, Rosa Mendonca, broke down outside court when describing her anger that he was still on the force until Monday.

"He was supposed to obey the law," she said.

Another sister, Ana Figueroa, said she wanted to see DeCarlo behind bars.

"We want justice. What he did was wrong," she said. "My brother is going through seizures, going through headaches the rest of his life."

Mendonca was convicted in December of assaulting two Rhode Island School of Design security officers. He is a legal resident but not a U.S. citizen, and is now in the custody of federal immigration authorities.

Video: Security-camera footage of Luis Mendonca allegedly being kicked by one officer as he is being arrested and led away by other officers

The original version of this story was posted at 11:09 a.m.

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