Anthony Baez - Personal Details

Personal Details

Anthony Baez was 5 feet 6 inches tall, 270 pounds, and asthmatic. Officer Livoti was 5 feet 10 inches tall and 170 pounds. Mr. Baez had allegedly resisted arrest and it took four police officers to handcuff him and bring him to the ground. Anthony Baez was subsequently declared dead after being taken to the hospital by the police when a dispatched ambulance by Sgt. William Monahan, failed to arrive. The New York City Medical Examiner ruled that Anthony Baez' death was caused by asphyxiation due to "compression of his neck and chest", as well as acute asthma. Dr. Hirsch said that the classification of homicide indicated the death was caused "either entirely or partially" by "the actions of another person" but that it was not a ruling on blame.

Phil Caruso, the president of the Patrolmen's Benevolent Association, said that Anthony Baez “resisted violently when they attempted to put handcuffs on him, that's when he had the asthmatic attack." Sgt. William Monahan later testified that after the struggle, he saw Mr. Baez, handcuffed, stand up and walk briefly, with assistance from Officer Francis Livoti.

Livoti was the subject of several civilian complaints for excessive force, none of the complaints were substantiated and all of which (until then) had been dismissed by the Civilian Complaint Review Board.

In his defense, Livoti denied that he had used a choke hold, asserting that any choking was unintentional and that he had not caused Baez's injuries or death. Three officers at the scene testified that they did not see anyone put Baez in a choke hold, that Baez was resisting arrest when Livoti handcuffed him, and that Baez was conscious after being restrained. Baez' father and brothers testified that Livoti did put Baez in a choke hold, and that Baez was limp when Livoti handcuffed him. Officer Francis Livoti also contends that the district court failed to consider that Baez at least contributed to the confrontation by resisting his (Livoti’s) efforts to handcuff him (Baez) behind his back.

The death of Anthony Baez during the Christmas season created sensational

media attention. Baez’s death was seized on by people who said that the police are too quick to use deadly force. This was the third and most notable incident involving NYPD police brutality in 1994, and in some previous cases the officers were acquitted.