Starbucks barista Jessica Kiyee arrested for filming cops handcuffing a Black man
A black Starbucks barista in New York City sues after being arrested for filming cops as white bystanders were merely asked to quit.
According to the Daily News, a Black Starbucks barista is suing the city after she was arrested for filming cops handcuffing a Black man, while NYPD officers merely advised white people taking video to leave.
To compound matters, Jessica Kiyee argues in her complaint that a senior deputy inspector, Robert O'Hare, screamed at her, "You're dumb!" as she stood in handcuffs on the highway.
The arrests of Kiyee and her cousin, Kiyee Kye, on June 2, 2020, during the most rowdy days of post-George Floyd racial justice demonstrations, are the focus of a Manhattan Federal Court complaint filed on Monday. The cousins say they were subjected to punishment for exercising their First Amendment right to film police, as well as false arrest and other charges.
Kiyee had just completed a shift at Starbucks and was being escorted home by her cousin when a young Black man dashed past them, the suit claims. Cops were pursuing him.
Kiyee and Kye say they did just that — from a distance of approximately 100 feet — and immediately attracted the attention of cops. The encounter occurred at 8 p.m., shortly after Mayor de Blasio announced a curfew to prevent looting during racial justice demonstrations.
Cops rush in and grab the cousins, roughhousing Kye to the ground and pinning Kiyee against a wall, according to video recorded by The News. The specifics are detailed in their complaint.
“This is not appropriate! They were after someone else and came straight for us!” Kiyee entreated.
Kye, a construction worker, was enraged. He curses cops and screams loudly, "I'm going to make sure y'all don't do him dirty!" As the video "Kill me!" demonstrates.
While Kiyee frantically attempted to demonstrate to cops why they had made a mistake, other officers politely warned two white bystanders filming or photographing the arrests that they were violating the curfew, video shows.
“Return home, sir. At 8:00 p.m., sir, you must return home. Are you coming?” police inquire of a white cyclist brandishing a mobile phone at the officers.
The police then attempted to pacify Kiyee, who appeared to be on the verge of a panic attack.
“If you get pissed, it's only going to make matters worse. I am aware of your anguish. Simply combat it,” a female officer advises Kiyee.
At that point, according to the suit, O'Hare — one of the highest-ranking officers on the scene — rode by in an unmarked car and yelled at Kiyee, "You're dumb!"
While O'Hare's exact words are not audible on tape, other officers make it abundantly clear that he was acting inappropriately.
“That was unnecessary,” one officer states. Another observes that it was "petty."
Kiyee, who is now employed at the American Dream mall in New Jersey, became enraged and inquired, "Is that all right?" Is that acceptable?"
“We concur with you!” an officer exclaims.
“I committed no wrongdoing, and they're all over me. And then he drives by and makes me feel as if my life was meaningless,” Kiyee described Deputy Inspector O'Hare.
O'Hare denied making the remark through a spokesperson for his organization, the Captains Endowment Association, claiming that other video footage established that it could not have been him.
Sgt. Jessica McRorie, an NYPD spokeswoman, said the city would respond to the lawsuit.
“At the time of this incident, this neighborhood of New York City was experiencing two days of arson, explosions, and crime, and a curfew was in effect. Numerous arrests were made in an attempt to reestablish order. A lawsuit's allegations are not evidence of wrongdoing; they are merely a vehicle for bringing charges before a judge. Neither the edited video nor the civil complaint contain the entirety of the story,” she said.
However, Attorney Jay K. Goldberg stated that the tense situation at the time did not justify the cops' actions. The police blatantly disregarded orders to order anyone breaking the curfew to return home, he stated. Kiyee is also a certified critical worker.
“What prompted the police to act in this manner is that they clearly do not want and will not allow people recording their conduct,” Goldberg explained. “Pulling out a mobile phone elicits anger and abuse from the police.”
The cousins, who live in Jamaica, Queens, were summoned for curfew violations and released at 12 a.m. According to the suit, Manhattan District Attorney Cy Vance Jr.'s office refused to press charges against them.
Kiyee was also bothered by the needless provocation.
“It's infuriating,” Goldberg said. “She was enraged at the white-shirted gentleman.”