Two NYPD cops who were caught on tape kicking and punching a teenager beat the most serious rap against them Monday, but were still convicted of attempted assault.
Jose Ocasio, 31, and Joseph Murphy, 29, went to work on 17-year-old Tyre Davis in February 2011 after he allegedly mouthed off at them following a disorderly conduct arrest.
The cops followed him from the 46th Precinct stationhouse into an alley outside then treated him to what’s known as “tune-up” in police speak, prosecutors said, leaving him with bruises and swelling.
Internal Affairs uncovered the video of the disturbing beatdown and referred the case to the Bronx district attorney.
After a two-day bench trial, Bronx Criminal Court Judge Julio Rodriguez acquitted the pair of the top charge of misdemeanor assault and found them guilty of attempted assault.
The reason, sources said, was because the injuries suffered by Davis were not deemed serious enough.
Lawyer Stuart London, who represented Ocasio, said he was gratified the judge found that the “injuries were so minor that they didn’t reach the level of the statute.”
Murphy’s attorney Angelo MacDonald said he’s disappointed with the verdict.
Prosecutors indicated they will ask for probation when the police officers are sentenced Oct. 28.
The convicted cops, who were placed on desk duty since the incident, were suspended Monday and are expected to face departmental charges that could lead to their dismissal from the force, sources said.
