Domenico Lillo, 45, of Bayonne, a former city police officer, admitted to using excessive force during an arrest, falsifying records in an attempt to conceal his conduct, and helping a relative fraudulently obtain a home rehabilitation loan, U.S. Attorney Paul Fishman announced in a statement on Tuesday, Sept. 22.
Lillo pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to an indictment charging him with one count of deprivation of civil rights under color of law and one count of falsifying records to impede a civil rights investigation, the statement said. Lillo also pleaded guilty to information charging him with assisting in the filing of a false report to the U.S. Department of Housing and Urban Development (HUD) in connection with a federally funded home rehabilitation loan worth $20,000.
According to documents filed in this case and statements made in court:
On Dec. 27, 2013, Lillo and other Bayonne Police Department police officers went to a city address to execute an arrest warrant. Lillo admitted that he struck the subject of the warrant in the head with a flashlight while the individual was handcuffed and not resisting arrest, which resulted in bodily injury. Lillo also admitted that he falsified a BPD Use of Force Report related to the arrest with the intent to impede an investigation into the case. In addition, Lillo admitted that on May 10, 2012, he aided a relative in preparing and submitting a fraudulent HUD application to get a federally funded rehabilitation loan on a home Lillo co-owned.
“Today’s guilty pleas in U.S. District Court by former Bayonne Police Officer Domenico Lillo were not unexpected in light of the department’s initial investigation and reporting of the incident to the Hudson County Prosecutor’s Office in the days that followed the initial warrant arrest of an individual on Dec. 27, 2013,” said Police Chief Drew Niekrasz in a statement.
“It’s my hope that today’s guilty plea serves to reinforce the Bayonne Police Department’s policy that the application of inappropriate force is never acceptable, and will result in disciplinary action, up to and including criminal prosecution,” Niekrasz continued.
“It’s my hope that today’s guilty plea serves to reinforce the Bayonne Police Department’s policy that the application of inappropriate force is never acceptable … ” – Police Chief Drew Niekrasz
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Now a former officer
Lillo, who was placed on modified duty after the incident’s discovery, and subsequently suspended without pay following his indictment in January, resigned from the BPD on Sept. 16, according to Niekrasz.
Lillo could not be reached for comment on the announcement. His wife Rose said she was not interested in making a statement.
The office of Mayor James Davis deferred comment on the matter to the Bayonne Police Department, according to Chief of Staff Andrew Casais.
The police department had no additional comment, said spokeswoman Lt. Janine Foy.
Possible penalties
The excessive force charge to which Lillo pleaded guilty carries a maximum penalty of 10 years in prison. The charge of falsifying records to impede an investigation carries a maximum penalty of 20 years in prison. The charge of making false reports to HUD carries a maximum penalty of one year in prison.
Sentencing for Lillo is scheduled for Jan. 6.
Joseph Passantino may be reached at JoePass@hudsonreporter.com.