Injuries to security guard in Staten Island Mall incident subject to debate at indictment

STATEN ISLAND, NY — Video surveillance of an altercation between a suspected shoplifter and a security guard at the Staten Island Mall is enough evidence that the charges in the case are exaggerated, according to an attorney for the defendant.

Freddie Rosario, 28, of Rock Tavern, New York, was arraigned Wednesday before Judge Mario F. Mattei in state Supreme Court in St. George on charges that include second-degree robbery, assault and petty theft.

According to a criminal complaint, the incident occurred at Macy’s on April 30 at around 2:35 p.m.

According to court documents, authorities said a theft prevention officer observed on video surveillance as Rosario entered the store and took a sweatshirt, three pairs of men’s underwear, three T-shirts, a shoulder bag and three crewneck T-shirts.

The defendant is said to have walked past the cash registers and left the store without paying.

A loss prevention employee then confronted Rosario at the exit and was punched in the face by the defendant, the complaint continues.

In court on Wednesday, prosecutors said the officer was unconscious and suffered a cut to his mouth. A second officer observed the defendant boarding a city bus and wrote down the number for NYPD officers, who stopped the bus shortly afterward and took the man into custody.

Defense attorney Stephanie Pope of the Legal Aid Society countered that surveillance footage shows the officer did not lose consciousness and that the case should be tried in criminal court on a misdemeanor basis.

“What is shown in the video does not indicate a robbery, but rather a petty theft that ends in physical assault,” Pope explained.

Regarding bail, she said that given her client’s track record, there was no reason to believe he would not appear in court.

Mattei denied a bail request from the prosecution and maintained the defendant’s bail conditions for release. He also reminded Rosario of the court orders to stay away from the mall and the security guard.

The case was adjourned to June 17.