By Louis Chan, AsAmNews National Correspondent
It’s a day 15 months ago that a New York woman will never forget.
She says an outraged father shoved her hard into the cold concrete sidewalk as his daughter tried to unsuccessfully stop him. She used her outstretched arm to break her fall and suffered a fractured wrist.
“I still have poor grip strength,” Judi who asked that we not use her full name out of fear for her safety, said to AsAmNews. “I can’t do certain things. Like I definitely can feel the difference. It’s not 100%. And there’s a metal plate drill into my wrist with eight screws.”
She now fears charges against the suspect will ultimately be dismissed.
David Simon faces four misdemeanor charges of assault with intent to cause physical harm and harassment. He’s scheduled to appear in court Wednesday, April 6. At that time, Judi tells AsAmNews prosecutors against her wishes, will offer him a deal to ultimately dismiss the charges if he is able to stay out of trouble for a certain period of time, likely six months.
The District Attorney’s office declined to talk about its plans for Wednesday with AsAmNews, but promised a full statement and explanation after the court proceedings.
“I think generally, Asian people, especially Chinese people are seen as disposable,” Judi said. “You know, like, we don’t generally get a lot of justice in the courts. I found out three months later, by getting a copy of the police report, that he identified himself to police that night as auxiliary NYPD.”
Auxiliary police officers are voluntary officers who assist in non-enforcement and non-hazardous duties. The New York Police Department did not return requests for comments about Simon’s status as an auxiliary officer, but in the police report seen by AsAmNews, a copy of Simon’s photo ID which identifies him as an auxiliary officer is included.
Simon’s defense attorney, however, believes it was Judi who should be prosecuted, not his client.
“Mr. Simon and his wife did their best to respectfully ignore (her),” attorney Jeremy Saland wrote in an email to AsAmNews. “(she), called them, among other things, “white devils”, said they suffered from “white privilege” simply because she was upset my client’s family would get COVID tests first. But for the fact that (she) was unable to exercise basic restraint and common decency before pushing, raising her hand at, and threatening to strike Mr. Simon’s child, Mr. Simon would not have had to protect his family by pushing a belligerent and irrational (her) away.”
The incident started on a cold December day right before Christmas. Judi says she was about to see her mother for Christmas and wanted to be COVID safe. She waited for two hours in line outside a medical clinic in 28-degree frigid temperatures waiting for her test. She recalls being told she would be the last person who would be seen.
She says shortly after, a father and his two daughters joined their mother in front of her in line. She asked if they planned to get tested, but she said the family ignored her. She went to the staff to complain and they assured her she would be tested before the family.
As she left the clinic, she spotted the family and asked for an apology.
“I said to the wife, you know, excuse me, aren’t you gonna apologize. You know, this is how you behave. And as I uttered those words, he confronts me and he walks five steps towards me.” Ultimately, she said, Simon decided to walk away from her.
During the wait at the clinic, she said his teenage daughters gave her daughter glances.
“I told the police when they arrived I was only trying to scare her. I wasn’t planning to shove her. I mean I was I wasn’t planning to hurt her,” she told AsAmNews by phone. “I just wanted to scare her. And I think I did manage to scare her. But when the mom saw me, naturally, she jumped out. She jumped out in front of the daughter and smacked me. First, she shoved me then she smacked me with a clipboard. And then I ended up cocking my fist at her and I’m being brutally honest with you. Like it wasn’t just a fist waving it was like cocking my fists. That’s all I could do really, that was the most I could do was to show her that I wasn’t intimidated by her or her husband. And that’s when the husband jumps in front of her. And again, walks toward me face to face tries to intimidate me, and then shoves me.”
Police would arrive at the hospital where doctors treated Judi and arrested her for menacing a minor. Prosecutors ultimately dismissed the charges against Judi, giving her the same deal she says they told her they will give Simon.
Judi plans to give a statement to the court, opposing the deal. However, she says she’s been told by a former judge that the deal will likely be accepted by the court.
“It is quite unfortunate that the DA’s Office did not speak to my client’s daughter, a victim of (her) in every sense of the word before they resolved (her) case with a favorable disposition. That said, we are grateful that the DA’s Office saw past (her) false narrative and took the time to speak with Mr. Simon. We look forward to his exoneration and the dismissal of the charges,” said defense attorney Saland.
“That’s outrageous,” Judi said. “He’s the one who confronted me. She (the daughter) wasn’t harmed. Nobody was harmed, but me.”
Saland declined our request to interview his client.
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