FORMER NYC POLICE OFFICER CONVICTED OF ASSAULTING TEENAGER WHILE ON DUTY

Bronx District Attorney Robert T. Johnson announced today the conviction of former New York City Police Officer Francis Livoti on charges that he assaulted a 16 year old boy while on duty four years ago.

Criminal Court Judge Megan Tallmer found Livoti guilty of Reckless endangerment in the 2nd degree, Assault in the 3rd degree and Harassment in the 2nd degree following a non-jury trial that lasted two and a half days. The judge immediately ordered the defendant held without bail.

District Attorney Johnson said he would seek the maximum sentence allowed by law for the misdemeanor offenses, 1 year in jail. Sentencing has been set for Tuesday, October 14, 1997 in JP 7 in Criminal Court

.Mr. Johnson said "Francis Livoti, like any other criminal, was a threat to the innocent citizens of Bronx County. Our job is to support the hard working, honest police officers. But if one of them commits a crime it represents a dual transgression that includes a violation of the public trust."

The judge rendered the verdict minutes after Assistant District Attorney Angelo MacDonald concluded his summation during which he called the Livoti's actions "unjustified, unacceptable, reprehensible and criminal."

Livoti's conviction is the result of a complaint by Steven Resto who was 16 years old when the incidents occurred on September 11, 1993,in front of Resto's home on University Avenue and outside the 46th precinct. Judge Tallmer found that the evidence showed that Livoti "intentionally and recklessly" slapped Resto in the face and grabbed him by the neck, causing "pain, bruises, loss of breath and difficulty with swallowing."

The assaults occurred after Livoti and his partner, who were on duty in a radio patrol car, stopped Resto for questioning about a go cart the teenager was driving. Resto was unlicensed, had no proof of insurance and was issued summonses for several related traffic violations.

The investigation that led to criminal charges being filed against Livoti began in March, 1995 after the Civilian Complaint Review Board substantiated Resto's allegation of misconduct by Livoti.