Ex-Officer Avoids Jail Time in Arrest of Times Square Bicyclist

By John Eligon

A former New York City police officer convicted of lying about a confrontation with a bicyclist in Times Square was given a conditional discharge on Wednesday in State Supreme Court in Manhattan.

The former officer, Patrick Pogan, had faced up to four years in prison, but will avoid any time behind bars. He also will not be placed on probation.

In April, a jury found Mr. Pogan guilty of filing a criminal complaint that contained false statements concerning a 2008 collision with Christopher Long, who was participating in a Critical Mass bike ride. Mr. Pogan’s complaint alleged that Mr. Long knocked him to the ground by intentionally steering his bicycle into him. But video footage of the episode, which was a viral presence on the Internet, showed that Mr. Pogan remained on his feet, while Mr. Long flew to the pavement.

Mr. Pogan was acquitted of falsifying the initial arrest report filed against Mr. Long. The jury also acquitted Mr. Pogan of a less serious charge of assault.

Mr. Pogan, who was on the job for less than two weeks when the collision occurred, resigned from the police force. Because he was convicted of a felony, he would not be allowed to attempt to rejoin the Police Department.

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Megatron July 14, 2010 · 3:39 pm

Serves him right. I don’t really like cyclists much either, but just because you’re a cop, doesn’t give you the right to do that. Only two weeks on the job and you’re already gone. Good luck finding another career, buddy!

Eric July 14, 2010 · 3:48 pm

Poor guy. He only had two weeks on the streets. He can learn from this little mistake. The cyclist was involved in an illegal bike moving mass. We do not know what happened in the moments before the tape picks up. Perhaps the illegal cyclist was on a collision course with the officer without reducing the speed. The officer made the correct decision in making the cyclist comply with his lawful orders.

SKV July 14, 2010 · 3:49 pm

This is a miscarriage of justice. Pogan, as a police officer, feloniously assaulted Christopher Long and then lied about it, blaming the victim. He should be in prison.

The only good thing about this is at least we’ll have one less thug on the NYPD.

Thank heavens a civic-minded citizen videotaped the assault, or Mr. Long might be serving time for Pogan’s crime.

Everybody should take the lesson — when you see the police attacking someone, record it! You may be able to help prove someone’s innocence … or guilt.

Chris Doyle July 14, 2010 · 3:52 pm

Flagrant assault and battery by the cop. He should have been jailed. What has happened to the notion of “protect and serve” in this country? These militarized yahoo frat boys have to go.

killie July 14, 2010 · 3:52 pm

While I don’t know all the facts or the law in this case, the result is frustrating. Keep in mind, this is the result of a video-documented officer fabrication. What about all the other instances in which there isn’t a handy video of the incident?

TMac July 14, 2010 · 3:58 pm

Not much of a deterrent, eh?

Wait’ll next time!

Nat July 14, 2010 · 4:03 pm

He should not have been prosecuted.

ngagspa July 14, 2010 · 4:19 pm

Not even probation, for a felony? This disgusts me as much as the cop’s brutality in the video.

Victor July 14, 2010 · 4:21 pm

Acquitted of assault? How on Earth?

JAMES FM July 14, 2010 · 4:23 pm

justice served !

SJenkins July 14, 2010 · 4:24 pm

Really? He “flew to the pavement?” The point is that the rider was shoved by Mr. Pogan, who lied about it, and now walks away with no punishment whatsoever. He’d already resigned from his job, so his net loss is zero. But hey, thanks for the sanitized version.

Al Richter July 14, 2010 · 4:27 pm

A police officer lying under oath in an official complaint to frame an innocent civilian — is there a more despicable example of perjury?

LV July 14, 2010 · 4:32 pm

The cop should be in jail, just as the cyclist would now be if he didn’t get lucky that someone videotaped the incident.

I support the police force, but there needs to be zero tolerance for individual cops who frame innocent citizens by lying on police reports.

Chris July 14, 2010 · 4:32 pm

I’m glad that this man lost his job. However, the case reflects how corrupt the police can actually be and begs the question of what is really being done about it.

John July 14, 2010 · 4:33 pm

Totally outrageous!

Cabernetguy July 14, 2010 · 4:35 pm

Go to jail for shoving??

Heck, in NY cops don’t even do time for shooting somebody armed with a wallet,,,30 times!!

Is that really news???

Hector Maquieira July 14, 2010 · 4:36 pm

On what basis was he acquitted? He clearly falsified the report and clearly assaulted the victim.

Robert July 14, 2010 · 4:38 pm

No justice in NYC!

I fell sorriest for the majority of NYC cops who are fair and do their jobs with integrity. The bad cops and a system that refuses to deal with their crimes are eroding citizens trust.

rjw July 14, 2010 · 4:41 pm

in the end since he was a cop ……all fine and dandy

Gabriel July 14, 2010 · 4:42 pm

Just Outrageous!

Neil Kuchinsky July 14, 2010 · 4:48 pm

The officer who assaulted the cyclist was fully prepared to inflict a conviction and a life-long criminal record on an utterly innocent man, which would follow the victim and foreclose any number of employment. opportunities for life. To not impose even a symbolic, active jail term only encourages such behavior. Outrageous.

pete July 14, 2010 · 4:49 pm

Why did he attack the bicyclist in the first place?

Don-E.- July 14, 2010 · 4:50 pm

If this incident had been reversed . . . if Mr. Long had shoved Officer Pogan and caused him to fall . . . and then had, demonstrably, lied about it in a sworn statement . . . would he have received a conditional discharge, avoided jail time and also escaped probation?

geaufrite usef July 14, 2010 · 4:52 pm

isn’t there any penalty for falsifying a government document, especially if you’re a cop. that’s the important part, the cop was lying. I feel bad for all the good cops, the bad cops wants to keep everything quiet and business as usual. ie. don’t rock the boat if you know what’s coming to you.