Detective pleads not guilty to assault

PROVIDENCE, R.I. (WPRI) - A Providence police detective, allegedly caught on camera beating a handcuffed suspect with a flashlight, pleaded not guilty Wednesday morning during a hearing in Providence Superior Court.

Detective Robert DeCarlo, 45, was released on $10,000 personal recognizance. The 16-year veteran of the Providence Police Department made no comment outside of court. Instead, his lawyer spoke on his behalf.

"He did not ever see that man handcuffed," said lawyer Peter DiBiase. "This man is a man who has no violent history he is man who has been a model police officer. No one feels worse about this than Mr. DeCarlo. "

DeCarlo faces charges of assault and battery with a dangerous weapon, a flashlight, and simple assault. The indictment was handed up by a Providence County Grand Jury Monday.

• Read the entire court document

The charges, the first a felony the other a misdemeanor, stem from an Oct. 20 incident in which a 20-year-old Pawtucket man said police beat him while he was in handcuffs.

According to a police report, officers were chasing Luis Mendonca as part of a breaking and entering investigation. Surveillance video from security cameras showed Mendonca trying to hide under one car, then another. A struggle ensued with several Providence police and RISD campus officers.

Eventually Mendonca's hands were placed behind his back in handcuffs, according to his attorney Alberto Cardona.

The video showed Mendonca being dragged when a detective – later identified in a complaint as DeCarlo -- walked up, kicked Mendonca and struck him several times with a flashlight.

The video then showed Mendonca, who was limp, being dragged up the stairs. According to the police report, an ambulance was called and Mendonca was taken to Rhode Island Hospital, where, according to his attorney, Mendoca spent three days in a coma.

DiBiase said the cameras that caught the incident were infrared and could "see" better than DeCarlo.

"That camera could penetrate the darkness, this is one of the darkest nights of the year," he said.

Rosa Mendonca, the victim's sister, said the family isn't buying the excuse that DeCarlo couldn't see that night.

"The video speaks for itself. Because if it wasn't for the video I don't think it would have come up, They would have hid everything under the rug," Mendonca said.

Luis Mendonca is in the custody of U.S. Immigration and Customs Enforcement while he fights deportation back to Cape Verde, according to Cardona. Mendonca, who has a record of shoplifting, was charged with assault in the Oct. 20 incident, a violation of his residency status of a foreign national.

Meanwhile, as Target 12 first reported, Mendonca has taken steps toward a lawsuit against the city for police brutality. Another attorney, V. Edward Formisano, filed an official claim with the city on Dec. 10.

The paperwork claims, "the failure of the City to properly select, train, discipline and supervise members of the police department, Mr. Mendonca suffered severe and permanent personal injuries, has and will continue to endure great pain and suffering, emotional distress, deprivation of his civil rights..."

According to Providence Police Department, DeCarlo, who was previously assigned to administrative office duty, was placed on suspension without pay Monday pending the outcome of the criminal proceedings.

As Eyewitness News first reported last year, the FBI is also looking into possible criminal charges. An agent from the Providence office of the FBI paid a visit to Providence Police Headquarters in December to collect evidence from the case.

twhite@wpri.com