The trial of Sleepy Hollow police detective Jose Quinoy continued on Thursday with Luis Vilches taking the stand.

Two other witnesses also testified yesterday about another incident in 1999 where Quinoy allegedly punched a restrained individual, although Quinoy is not being charged in relation to that alleged incident.

Vilches says he was Kicked and Tased in 2006

Luis Vilches (Vilchez) took the stand on Thursday. Vilches was arrested by Sleepy Hollow police in 2006 after he threatened Police Detective Jose Quinoy. The prosecution alleges that Vilches' civil rights were denied when he was arrested on Decemnber 17, 2006 because Quinoy illegally used a taser on the man while he was restrained. 

Vilches described what had happened that day, saying he was going to work when he stopped into the Sleepy Hollow Police Department. He had brought in a 15-inch saw to police headquarters, brandished it and said he was looking for Quinoy and he was "going to cut him to pieces" before walking out of the station and going about his day.

Vilches explained his actions, saying he had been upset about a comment, made by Quinoy, where he allegedly said he was going to **** Vilches' daughter. He said he was also upset about an alleged incident in the Summer of 2006 where Quinoy, aided by another officer, punched him in the ribs and slammed his face against a wall in a separate incident. 

Vilches said he had calmed down by the time police confronted him around 8 p.m. on the night of December 17 in the parking lot next to the Fraternal Order of Eagles on N Broadway. He said he was complying with police orders to stop, when a K9 unit was set loose on him. He then claims he was kicked several times by Quinoy while being tased at least five times in the legs, back, arms and testicles. 

"He (Quinoy) said, 'You want to get me, now we got you,'" Vilches testified.  

Vilches was also asked to describe his actions in a video, recorded after his arrest, where he is shown in a holding area yelling and screaming at Quinoy, swearing, hitting his head against a wall and banging his handcuffs to cause annoyance. Vilches said he was now taking Prozac for depression, and that his medication allowed him to control his outbursts. 

The prosecution played portions that showed Vilches was relatively quiet when Quinoy was not in the room, and that he was complaining about his handcuffs being too tight, then exploding when Quinoy arrived.

"You're a menace to society," Quinoy said on the tape.

"You beat people up for no reason," Vilches said on the tape, while also mentioning past incidents that Quinoy was allegedly involved in. 

Andrew Quinn, Quinoy's defense attorney went to the video as well when he had a chance to cross examine Vilches. 

Quinn showed excerpts where Vilches was acting aggressively toward an acting village justice, and was poised to kick a Sleepy Hollow Ambulance Corps member who had come to offer medical assistance. Quinn also played long segments where Vilches hit his head against a wall and banged his handcuffs to "just make noise," as Vilches put it. 

Other portions of the tape show Vilches railing against the mayor of Sleepy Hollow, and claiming that police only arrested him because he was owed $700 from the village. 

Quinn also used portions of the tape to question Vilches' version of events. Vilches was adamant that he only visited the police station once, although in the video he seemed to imply he had been to the station twice.

Other officers testified that Vilches had said a disparaging remark to Quinoy that had caused Quinoy to say he would **** his daughter. 

Vilches admitted that he had said he would **** Quinoy's father because he was gay, but said later that he had never said anything bad about Quinoy's father when Quinn asked him about the incident. 

Vilches also claimed that he had never raised his hands to punch officers, and only claimed he had been tased when he was on the ground in handcuffs, which contradicted statements given by police that Vilches had been shot with a taser from a distance and had been tased once on the way to the police car.

Quinn also asked how it could be possible that Quinoy was kicking and tasing Vilches at the same time if Vilchez had been on the ground, and how Vilches could be sure of anything if he was facing the ground. 

Vilches' use of the saw also came into question. Vilches said he never brandished the saw during his arrest. The saw was later found in the area where Vilches was arrested. Although he claims he wasn't holding it, he later plead guilty to criminal possession of a weapon. 

Two Men Testify Regarding 1999 Incident

Robinson Garcia and Jose Rivera testified about an October 1999 incident when Quinoy allegedly punched a restrained Rivera after he had attempted the evade police and resisted arrest. 

Rivera, who had a suspended license at the time, ran a stop sign, then failed to stop when a police officer nearby flagged him down. Rivera admitted he tried to hide his car to avoid the police for about an hour, but when he went back to his car, police were there and arrested him. 

Rivera resisted arrest at first, and then was put in the back of the police car. Rivera then moved his handcuffs from behind his back to his front. Officers acted and pulled him out of the car to re-restrain him. When the handcuffs were re-attached, it is then that Quinoy allegedly punched Rivera in the head. 

U. S. District Judge Kenneth M. Karas noted that Quinoy was not being charged in the alleged 1999 incident, and told the jury they were not to conclude if Quinoy committed this act (in 1999) that he must have committed the acts laid out in the indictment. 

The prosecution brought the two men forward to testify in order to set a foundation that Quinoy may have a history with mistreating restrained individuals.

Garcia took the stand first, and noted that he watched as police attempt to restrain Rivera. He said once Rivera was restrained, "I observed him (Quinoy) strike Jose Rivera several times when his hands were behind his back."

Garcia said that Rivera was punched several times and that he was bruised and bloody when he was placed into the police car.

Quinn speculated that Garcia was trying to get back at Quinoy for an incident in 2001 when Garcia stole a woman's purse while he was under the influence of alcohol. Garcia was arrested and prosecuted for the crime. 

"He convicted me, now he has to pay for what he did, everyone who lives here has to pay for what they do," Garcia said.

Quinn noted that portions of Garcia's story had changed since he first met with federal investigators. 

"The reason you changed your story is because you want to get Jose Quinoy convicted, correct?" Quinn said. 

Garcia indicated he was still disgruntled that Quinoy had "pushed the [purse snatching] case forward" despite the plaintiff not showing up in court. He became defensive, stating that the trial wasn't about his past conviction.

"That already happened and I did probation," Garcia said. "He's the one who has to deal with a problem now, not me."

Portions of Garcia's testimony were contradicted by Rivera himself who said he was only punched once in the back of the head, which caused a welt and a bruise. However, Rivera noted that the officers were using "a lot more force" on him and that he was restrained at the time of the alleged punch.

Quinn tried to press Rivera on how much he was resisting, noting that he was likely to resist because he had evaded police officers, sped through a stop sign and had a suspended license. Quinn also provided a statement from Rivera, made to federal investigators, that said he was punched in the back by a "white cop", not Quinoy, but that he wasn't certain. 

Rivera said he was "pretty sure" it was Quinoy who hit him because of where Quinoy was standing and where he was hit. He also refused to say he was fighting with police. 

"I was resisting, but I wasn't fighting," Rivera said. 

Moving Forward

The defense will have its chance to present witnesses beginning today and next week. 

Quinn is likely to call members of the Sleepy Hollow Police Department and Fire Department.

Both the defense and prosecution are still working out what to do about Catherine Pena, the FBI Special Agent who was in charge of the investigation before she became the prime suspect involving a piece of missing evidence. 

We are unable to attend today's proceedings, but will pick up the trial again next week.