A judge today convicted an undercover police detective and another man for their roles in that attack by motorcyclists on a driver in Upper Manhattan nearly two years ago. NY1's Michael Herzenberg filed this report.
A video shows NYPD Detective Wojciech Braszczok hitting the back window of an SUV, shattering glass on the victim's wife and toddler. A judge cleared Braszczok and a co-defendant, Robert Sims, of the top charges of gang assault and first degree assault—but both men were convicted of second-degree assault, coercion and riot.
"Judge Wiley specifically found and stated on the record that he did not intentionally cause any injury to Mr. Lien or to anyone," said John Arlia, attorney for Wojciech Braszczok.
Sims also was convicted on first degree attempted assault and attempted gang assault, the judge finding that Sims intended to cause injury.
"We disagree with the verdict of course however we have to say that it's based on the evidence and we got a fair trial," said Luther William, attorney for Robert Sims. "In the heat of the moment, they did some dumb things but I think that a lot of folks in this case did a lot of dumb things."
Eleven people have now been convicted or pleaded guilty following the September 2013 attack.
It began when a biker slowed down on the West Side Highway, causing driver Alexian Lien to rear-end him. Saying later that he felt threatened as the bikers surrounded him and his family, Lien sped off, running over one biker, critically injuring him.
The bikers gave chase, Sims and an undercover Braszczok among them.
The Manhattan DA's office says Sims pried open the driver's side door. Lien briefly got away before the bikers caught up and attacked him.
Braszczok testified that he then left the scene because he feared for his safety, and that he regretted not calling 911. He initially lied about his involvement, and faces termination from the NYPD.
"He wishes to move on with his life and he thanks everyone who has reserved judgment up until this day. Thank you," Arlia said.
Braszczok faces two to seven years in prison. Sims faces three and a half to 15.
The judge will sentence them in August.