A New York City Parks employee who was arrested on Tuesday, March 7, in The Bronx on forgery and other charges, has had his case adjourned according to documentation from the Bronx Criminal Court.
An NYPD spokesperson said that on Tuesday, March 7, at 9.35 a.m., Anibal Nieves, an off-duty, 47-year-old male employee of NYC Department of Parks & Recreation, was arrested in the 46th Precinct which covers the neighborhoods of Fordham, University Heights, Morris Heights and Mount Hope. He was charged with forgery, possession of a forged instrument, unauthorized sale of a farecard, and loitering.
On March 21, Nieves shared the attached document which shows details of the dismissal of the charges on “ACD” grounds. We contacted the Bronx District Attorney’s office for more context around both the case and the dismissal and were informed that it was adjourned in contemplation of dismissal.
According to the law offices of Jeffrey Lichtman, “ACD” provides for a full dismissal of charges in the interest of justice following a period of time, usually six months, as long as the defendant does not get rearrested during the adjourned period.
Nieves alleges he was fired by the Parks department as a result of the latest arrest and report on the incident. Norwood News contacted the Parks’ department for comment on the matter.
A representative from the Parks’ department later informed us that the employee in question was terminated when, after self-reporting his arrest to the department, a comparison of the employee’s fingerprint results and convictions found in his paperwork showed that the employee had not reported all prior convictions to the department.
According to the Parks’ department, all employees are required to disclose prior convictions as part of the City’s hiring process. Failure to do so can result in termination, they said.
Norwood News contacted Nieves for comment further to the latest feedback from Parks. He said he did provide details of his prior convictions at the time of hire. “Yeah, that’s not true because they put me through the background check and asked me to provide the documentation and that’s what I did. I got all the paperwork and submitted it to the Parks’ department. I lasted two months, waiting for the background check. Then, finally, they told me that I was cleared and I was hired as a City Park worker.”
He continued, “Then, the situation here happens with the arrest and they decide to pop up with some bogus accusation of I was hiding stuff from the employer’s file, which is not true because I lasted two months waiting, like I said, for the background check to clear, and I’m working fine until this arrest.”
Norwood News contacted the Parks department again for comment further to Nieves’ response on his dismissal and will update this story upon receipt of any further feedback.
A person arrested and charged with a crime is deemed innocent unless and until convicted in a court of law.
Great job on this informative journalism piece in my neighborhood, goes to show you corruption in the city agencies are high, that is why I left the city workforce a long time ago, bravo Norwood News.