September 14, 2012
Anonymous
Associated Press
Fri Sep 14, 2012, 02:05 PM EDT
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Courtesy of WABC-tv / channel 7 in New York City
CRIMINAL COURT OF THE CITY OF NEW YORK
COUNTY OF NEW YORK
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THE PEOPLE OF THE STATE OF NEW YORK
-against-
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1. David Mitchell (M 42)
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1382192
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Defendant
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Police Officer Sherlon Smikle, shield 00000 of the Police Academy Training Unit, states as follows:
Police Officer Anthony West, shield 1442 of the Detective Boro Manhattan Special Victims Squad, states as follows:
On September 12, 2012, at about 11:30 hours in Central Park near Central Park West and W. 72nd Street in the County and State of New York, the Defendant committed the offenses of:
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1. PL130.35(1)
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Rape in the First Degree
(1 count )
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2. PL130.50(1)
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Criminal Sexual Act in the First Degree
(1 count )
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3. PL160.10(2)(a)(x)
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Robbery in the Second Degree as a Sexually Motivated Felony
(1 count )
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4. PL120.05(6)(x)
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Assault in the Second Degree as a Sexually Motivated Felony
(1 count )
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the defendant engaged in sexual intercourse with another person by forcible compulsion; the defendant engaged in oral sexual conduct and anal sexual conduct with another person by forcible compulsion; The defendant forcibly stole property and, in the course of the commission of the crime and of immediate flight therefrom, the defendant and another participant in the crime caused physical injury to any person who is not a participant in the crime, for the purpose, in whole and in substantial part, of his own direct sexual gratification; and The defendant in the course of and in furtherance of the commission and attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, and of immediate flight therefrom, the defendant, and another participant if there be any, caused physical injury to a person other than one of the participants, for the purpose, in whole and in substantial part, of his own direct sexual gratification.
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The offenses were committed under the following circumstances:
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Deponent states that deponent is informed by an individual known to the District Attorney's Office that informant observed defendant approach her from behind, jump on her back, choke her, and pound her head into the ground. Deponent further states that deponent is informed by informant that defendant then pulled down informant's pants and underwear and inserted his penis into informant's vagina and inserted his penis into informant's anus. Deponent further states that defendant then took informant's bag and fled.
Deponent further states that deponent is informed by informant that informant sustained bruises to her eyes, face, arms, and knees, as well as a sore jaw, vaginal bleeding, and other pain and injuries.
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False statements made herein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law.
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________________________
Deponent
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________________________
Date and Time
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