“He apologized, he asked if I was doing better, and to assure me he would do everything in his power to make sure the police who were disrespectful would be investigated. It was the particular officers that I encountered who were not doing their duty to address the fact that I had been assaulted. They did not allow me to file charges, they arrested no one, and they refused to allow my partner to travel with me to the hospital even though I have the right to request that.”
Releasing MacNiallais without charge on the night of the assault proves, he says, that he was not disorderly or in the wrong in any way. However he also believes they failed in their duty to protect him. “That’s scandalous behavior. To be quite honest with you I am angrier about the police response on the night than the actions of two homophobic bigots who assaulted me. Those police officers did not do their duty.”
When you call 911 you expect to be protected, MacNiallais said. “At a minimum, you would expect the cops to intervene and deal with the assailants that had attacked you. I was humiliated in front of my family. I was placed face down in handcuffs on the sidewalk. That’s a bigger injustice than the attack.”
Currently the Hate Crimes division of the NYPD, at the urging of City Speaker Christine Quinn and incoming Councilman Danny Dromm, are investigating the case, MacNiallais says. “My fear was that the police would not treat it seriously, but it is being treated seriously. The officers in that division are doing what they need to do right now.”
A spokesperson for the Deputy Commissioner, Public Information (DCPI) at the NYPD confirmed that an investigation into the attack is underway and as the case is ongoing that no further information is available at this time.
Erik Bottcher, the LGBT community liaison at the New York City Council, told the Voice:
“We are concerned about the report and if its true it shows we have more work to do on police training. We’re working with the LGBT advisory committee to the NYPD that meets regularly with the Police Commissioner Ray Kelly and we hope that this issue will be taken up at that committee at their next meeting. I don’t know if the individuals officers have been identified but the Internal Affairs Bureau report was filed and the investigation is under way.”