A retired NYPD officer working as an armed security guard has said he was arrested after jumping in to tackle an alleged shoplifter.
Salvatore Lopiccolo, 50, was working as an armed security guard at a Walgreens in the Port Authority Bus Terminal when he jumped in to stop the shoplifter, who he says hit him in the head with a jar of food.
He has now said he plans to sue the Port Authority Police Department (PAPD) after the incident, which happened in March, left him facing charges including assault, for allegedly threatening and "recklessly" causing injury to the accused thief's back, according to court documents.
Footage from a phone video obtained by the New York Post shows Lopiccolo confronting the man at the entrance to the door before grabbing his bag. The alleged shoplifter is then seen swinging the bag at the guard, clocking him in the face with it in the process.
Lopiccolo, who retired from the NYPD in 2022 after 20 years of service, is then seen chasing the alleged thief out of the store, throwing him to the ground and wrestling until NYPD and Port Authority police arrived.
In a notice of claim alleging retaliation and unjust arrest, Lopiccolo said he was locked in a cell for more than seven hours, and handed charges as he told police he wanted his attacker to receive mental health treatment and didn't think it was worth having him prosecuted.
"I don't want to waste Port Authorities' time, mine, Walgreens and the courts for somebody who's going to get out of jail in a couple of hours or possibly a day and come back into the store and do the same thing," he explained in an interview to the NY Post. "I think this guy needs services."
Port Authority Police then issued the guard a desk appearance ticket, or DAT, for assault. A DAT is an order to appear in the New York City Criminal Court to respond to an accusation that you have committed an offence.
Lopiccolo works at Walgreens under a contract with Allied Security. He explained a man known as a regular shoplifter at the store came in at around 3pm on March 30, filling a bag with snacks, according to the notice of claim which was filed on Friday, April 28.
The court document goes on to claim that Lopiccolo escorted the thief out of the store, allowing him to keep his goodies as long as he didn't return. But the alleged thief reportedly returned just hours later, trying to make off with another bag of food according to the filing.
This time, Lopiccolo stepped in, stopping him at the door before things escalated to the altercation caught on video. The former cop had his glasses broken and was left with a welt above one of his eyes, but he told police he didn't want to press charges.
However, Lopiccolo claimed the PAPD sergeant on the case wasn't having it and told him he "has to prosecute". The guard said he was then locked up for nearly the rest of his shift as PAPD worked out how to move forward, before both men were handed assault charges.
Lopiccolo recalled telling the sergeant after he learned of the charges: "You're charging us both the same thing here? I tackled somebody. I have visible injuries. Look at my face."
"[The segeant] goes, 'his back hurts'," referring to the alleged thief, Lopiccolo recalled. "I didn't know what to say to that. So they processed me, and they fingerprinted me. All the Port Authority cops apologising to me... they couldn't believe it."
Lopiccolo was handed two counts of assault and one count of both attempted assault and harassment, according to the complaint filed by the Manhattan District Attorney's Office. He was handed the DAT and released on his own recognisance during his first court appearance.
Lopiccolo said he hopes his case will be dropped, but until then he's unable to work as he had to surrender his firearm. Lopiccolo said: "He humiliated me and took away my ability to live."
It's unclear what charges the alleged shoplifter faces, if any.
Lopiccolo's civil attorney, John Scola, said the PAPD's decision to charge the guard after being assaulted sends a "clear message that violent criminals will be treated better than those who protect innocent workers from daily violence."
He continued: "My client, a retired NYPD officer, is the only defense between violent, emotionally disturbed shoplifters and the employees of Walgreens."
The PAPD has said the agency does not comment on litigation.
