Cop beats suspect, lies to cover up his crime – City settles for $185,000

In 2008, Neal Malangone was being trailed by cops for allegedly throwing a garbage can through his mother-in-law’s window a few days earlier. Detective David Gross and two partners followed Malangone, eventually cornering him in the vestibule of a Chase bank on Woodhaven Blvd. in Queens.


A surveillance video from the bank shows Gross entering the ATM lobby with his gun drawn and what appears to be a baton in his other hand. Malangone immediately raised his hands, palms-up, then put his arms down, walked to the middle of the lobby and appeared to be lowering himself to the floor when Gross kicked him in the upper back.

When Malangone rose, there was a bloody trail on the floor and the side of his face was streaked with blood. Moschella conceded that Gross’ gun struck the suspect in the head “unintentionally” while he was trying to subdue him.

Det. Gross swore that Neal Malangone had assumed a “boxer’s stance,” refused “six or seven” orders to get down, and flailed his arms, leaving him no choice but to use brutal force against the man.

The problem for Gross is that virtually none of that story appears to be true. The city has settled the lawsuit for $185,000.

Gross has been named in at least five other lawsuits, according to data obtained by The News. Two of those lawsuits — one involving a teenager who was shot when Gross and his partner mistook a water gun for a Tec-9, and the other alleging Gross shot a Brooklyn man from behind for “no justifiable reason” — each settled for $250,000. Gross, a 21-year veteran, retired from the force after he was cleared of the departmental charges in the Malangone incident.




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