A Bronx man has scored a $250,000 settlement with the city over a 2012 incident in which he was a passenger on a dirt bike whose driver was killed after being rammed by a cop cruiser, according to court papers made public Thursday.
Adalberto Gonzalez, 27, who suffered minor injuries after also being slammed, settled his $20 million Manhattan federal court suit with the NYPD and the two cops involved, Officer Edward McClain and Sgt. Fernando Santos.
The family of the dirt bike driver, the late Eddie Fernandez, still has a pending suit against the city in Bronx Supreme Court.
The city and the officers did not admit guilt in the settlement, signed off on by Judge Denise Cote, but they are also liable for the plaintiff’s legal fees that are expected to exceed $100,000.
Gonzalez’s lawyer Peter Ronai told The Post he’s “happy” with the settlement considering his client only suffered a fractured toe but expressed displeasure with the “lack of disciplinary action” taken by the NYPD against both cops – adding Santos was bizarrely promoted to sergeant since August 2012 incident.
“[Gonzalez] should have been issued a summons, if anything” said Ronai. “He should have not been rammed into by a police car.”
He also said Fernandez’s death is tantamount to cops unjustly enforcing the “death penalty” and called on the mayor or a grand jury to take a serious look at what he believes is a pattern of cop squad cars mowing down dirt bikes citywide.
Police alleged Gonzalez was riding his dirt bike in Hunts Point recklessly. Ronai says they rammed into the bike while Gonzalez was riding slowly on a sidewalk.
Gonzalez attempted to flee and hopped onto a dirt bike being driven by his friend, Fernandez, 28.The cops then rammed the cruiser into that bike, killing Fernandez in the process.
Ronai said he found it appalling that the cops then handcuffed both Gonzalez and the deceased Fernandez.
Video of the gruesome incident was released in a 2013 Bronx Criminal Court trial in which Gonzalez was found guilty of reckless driving and slapped with a $75 fine. The police car in the footage appears to be traveling quite rapidly as it slammed into Fernandez’ bike.
The Bronx DA’s office has said it believes the crash that killed Fernandez was accidental.
A Law Department spokesperson said, “settling this case was in the best interest of all parties.”