According to Gawker, the listserve for Occupy Wall Street was infiltrated and leaked by a man named Thomas Ryan who is a “Managing Partner” at a small security firm called Provide Security. His fellow managing partner at the company is a former Secret Service agent and NYPD officer named Dr. Kevin Schatzle. It seems that his LinkedIn profile leaves out one major event that transpired while serving as a Secret Service agent.
Kevin Schatzle appeals from a judgment of conviction entered on September 25, 1989, by the United States District Court for the Southern District of New York, Pierre N. Leval, Judge. Schatzle, a Special Agent of the United States Secret Service, was convicted under 18 U.S.C. Sec. 242 (1982) for willfully depriving Christopher Gorayeb of his constitutional rights by subjecting him to excessive force. For the reasons stated below, we affirm.
On April 10, 1988, at approximately 5:00 p.m., a New York City motorcade carrying Senator Albert Gore, then a presidential candidate, was traveling north on West Street and turning east on Vesey Street. Schatzle was driving one of the cars in the motorcade. Believing the motorcade had passed, Christopher Gorayeb attempted to cross Vesey Street at the corner of West Street. As Gorayeb crossed the street, the car driven by Schatzle turned the corner and had to swerve to avoid striking Gorayeb. Gorayeb, standing by the driver’s window as Schatzle drove past, cursed Schatzle. Schatzle testified that Gorayeb spat at him as well, though Gorayeb denied this.
The cumulative testimony of seven government witnesses yields the following account of what transpired. Schatzle stopped his car and ran after Gorayeb. Upon catching Gorayeb, Schatzle placed his hand on Gorayeb’s shoulder and spun him around. Schatzle then punched Gorayeb in the face and, according to Gorayeb, broke his nose. He kicked Gorayeb repeatedly and delivered a knee to his groin with such power that, according to one witness, Gorayeb was thrust off the ground. After Gorayeb fell to the ground, Schatzle continued to punch and kick him. Finally, Schatzle handcuffed Gorayeb, by then well-bloodied, and informed him that he was under arrest.
Although at one point Gorayeb jerked Schatzle by his tie, the government witnesses agreed that Schatzle had struck Gorayeb first, and that Gorayeb grabbed at Schatzle’s tie only in a desperate attempt of self-defense. The government witnesses also agreed that once Gorayeb cursed (and, according to Schatzle, spat at) Schatzle following the near collision, Gorayeb said nothing else to Schatzle that might have instigated Schatzle to attack him so ferociously.
The jury found Schatzle guilty of the excessive force charge, but found Schatzle not guilty of the charge that he deprived Gorayeb of his civil rights, in violation of Section 242, by subjecting him to a false arrest. The district court sentenced Schatzle to a six-month term of imprisonment to be served at a halfway house, a three-year term of probation, and a $2,000 fine.
Witnesses said Mr. Gorayeb was near the corner of West Street and Vesey Street when a motorcade, which included a van with bumper stickers for Sen. Albert Gore Jr., a candidate for the Democratic Presidential nomination, sped by. Witnesses said the last of the six or seven vehicles stopped suddenly, its brakes screeching.
The witnesses said a man jumped out, ran to Mr. Gorayeb and grabbed him. They said he did not identify himself first.
A passerby, Bill Welsh, said he saw the man push Mr. Gorayeb against a wall on the north side of One World Trade Center and begin kneeing him and hitting him with his fists.
A group of about 10 people gathered as Mr. Gorayeb slumped to the ground. When several people yelled that the beating was unprovoked. Mr. Welsh and Mr. Bouza said the man replied, “He’s under arrest for assaulting a Federal agent.”
Mr. Lin quoted the agent as saying, “He spit at me.”
A Secret Service agent was found guilty yesterday of using excessive force but acquitted of making a false arrest in the beating and arrest of a Manhattan lawyer during a Presidential campaign motorcade in New York City a year ago.
The agent, Kevin P. Schatzle, 28 years old, is attached to the service’s New York office. He faces a maximum of one year in prison and a fine of $100,000 for having punched, kneed and kicked the lawyer, Christopher J. Gorayeb, 31, on April 10, 1988, in lower Manhattan.
The prosecutor, Assistant United States Attorney Elliot R. Peters, told the jury that even if there were grounds for arresting Mr. Gorayeb for interfering with the motorcade, there were no grounds for the degree of force used in arresting him.
The extent of that force was testified to by Mr. Gorayeb and supported by seven witnesses who were near the lawyer as a seven-car motorcade of Senator Albert Gore Jr., a Democratic Presidential contender, turned off West Street into Vesey Street.