NYC sheriff admits deputy did not break legs in Jeep dust-up with COVID-19 'autonomous zone' bar owner as initially claimed



New York City's sheriff initially told the media that a deputy of his suffered broken legs last month after being hit by a Jeep driven by outspoken "autonomous zone" Staten Island bar co-owner Daniel Presti, the New York Post reported.

Image source: WNBC-TV video screenshot

But Presti's attorney Mark Fonte told the paper that prosecutors lined up against his client acknowledged that Sgt. Kenneth Matos never suffered broken legs in the Dec. 6 incident outside Mac's Public House, after which Presti was charged with felony assault.

Now Fonte wants Sheriff Joseph Fucito to resign, the Post reported.

"I cannot explain the sheriff's motivation for telling this falsehood," Fonte told the paper Sunday. "These false statements could have tainted a potential jury pool and did in fact taint public opinion."

What did the sheriff have to say?

Fucito told the Post his incorrect conclusion about Matos' condition was due to a "doctor that evening" who "misdiagnosed" the deputy's injury.

The sheriff added to the paper that he "cannot discuss Sgt. Matos' medical condition or why the doctor misdiagnosed it. But I can tell you he is still out on medical leave for the injuries he suffered from the assault from Mr. Presti."

Fucito also noted to the Post that "our statement was that he had broken tibias. That diagnosis was incorrect."

It isn't clear when the sheriff knew about the incorrect diagnosis. A WABC-TV reporter noted during the station's broadcast about the incident that the deputy broke bones in his leg, but that Presti denied the claim, insisting the deputy only twisted his ankle — and that there was video to prove it.

What's the background?

Mac's Public House gained national attention in late 2020 for defying COVID-19 lockdown orders.

Image source: WNBC-TV video screenshot

Less than a week before the Jeep incident, sheriff's deputies raided the popular watering hole and led Presti away in handcuffs.

Just after midnight Dec. 6, two deputies followed Presti to his vehicle after he left the bar, WABC said.

The deputies identified themselves, approached Presti, and tried to arrest him for multiple offenses, WABC said, adding that Presti began to flee on foot toward his vehicle. The pursuing officers ordered him to stop, the station said, but Presti entered his car.

Officials said Presti allegedly drove into one of the deputies, who was thrown upon the hood of the vehicle, WABC said, adding that Presti drove about 100 yards with the injured officer clinging to the hood until deputies eventually brought the vehicle to a stop.

"I have nothing but respect for the NYPD and other law enforcement," Presti later said in a statement, the station reported, adding that by the end of the investigation, "you will find that I did nothing wrong."

More from the Post about the incident:

Presti told The Post Sunday that he was leaving the bar and walking to his Jeep Cherokee when someone called out his name — and saw two people charging at him.

"Nobody identified themselves and two people were charging at me," he said. "It's fight or flight at that point and I decided I'm not dying on South Rail Road."

He said that's when he saw the people who were chasing him in front of the car, and "gave him a chance to move."
Presti said "it was a guy in dark's clothing. Everything black, everything covered."

He maintains he did not know the man was part of a large contingent of sheriff's deputies — and only figured it out when he was pulled out of his vehicle and saw officers rushing towards him.

No criminal charges against Presti

After Presti's arrest over the Jeep incident, prosecutors presented the case to a grand jury for a possible indictment, the Post said. Presti told the paper he testified before a grand jury for about an hour and a half, and said the jury saw police footage of the incident.

"They were shown the cops' video, from the police cameras," he told the paper. "That was the prosecutor's evidence, but it seemed odd to me that they would show that because it proved what I had been saying from the start."

The Post said Matos held on to the hood of Presti's Jeep before being thrown to the ground and was taken to Staten Island University Hospital.

Presti was cleared of assault charges, the paper said, but the grand jury indicted Presti on charges that he operated the bar and served alcohol without a license.

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SNL's Pete Davidson mocks demonstrators who supported lockdown-defying Mac's Public House as Holocaust deniers



"Saturday Night Live" cast member Pete Davidson over the weekend mocked protesters who rallied last week outside Staten Island's lockdown-defying Mac's Public House as Holocaust deniers.

What are the details?

During the show's "Weekend Update" segment, Davidson — a Staten Island native — guested as himself and answered questions from host Colin Jost about the protesters who hit the streets Wednesday night to back the establishment shuttered by lockdown orders banning indoor dining.

The owners of Mac's Public House decided two weeks ago that their bar would become an "autonomous zone" in an attempt to skirt the coronavirus lockdown orders from far-left New York Gov. Andrew Cuomo. On Tuesday night, law enforcement shut down the business and arrested Danny Presti, the bar's co-owner, for defying those orders. He was arrested again after midnight Sunday for allegedly hitting a sheriff's deputy with his car, but Presti insisted he did "nothing wrong."

As for last week's demonstration, Davidson told Jost, "I saw the protest. People were outside the bar shouting about freedom, taunting the cops, chanting that they should arrest the governor. But it's Staten Island, so I assumed that it was just like a typical last call."

"Are you against these protests?" Jost asked.

"I mean, kind of," Davidson answered. "But I'm also just happy I'm no longer the first thing people think of when they say, 'What's the worst thing about Staten Island?'"

Davidson also quipped that "one guy at the protest even gave a speech where he literally compared not being able to drink indoors to being Jewish during the Holocaust — which must have been awkward for the people there who had to suddenly pretend they believed in the Holocaust."

Cost then asked, "So I take it that you found these protests frustrating."

"Yeah, man," Davidson replied, "they're makin' us look like babies ... you know it's bad when even people in Boston are like, 'Ah, drink at home, you queers!'"

Davidson ended the segment by giving a shout-out regarding Democratic presidential nominee Joe Biden, whom the mainstream media declared the winner of last month's election over President Donald Trump: "Biden won! Get over it!"

Weekend Update: Pete Davidson on Staten Island COVID-19 Protests - SNL youtu.be

Anything else?

Davidson is no stranger to controversy. Earlier this year he said he was forced to apologize for making fun of U.S. Rep. Dan Crenshaw (R-Texas) in 2018 for losing an eye in Afghanistan and said that he regretted the fame the congressman gained from the dust-up.

Crenshaw, not surprisingly, fired right back on a "Fox & Friends" appearance: "I can't get out of Pete Davidson's head. He's been ... thinking about me a lot for the past year as he builds this comedy routine apparently. I'm not so sure his jokes always land, but it is what it is."

And last year Davidson was booed on SNL for comparing the Catholic Church to rapper R. Kelly, who was charged with 10 counts of aggravated criminal sex abuse.

Staten Island bar co-owner who defied lockdown order allegedly hits sheriff's deputy with car, gets arrested again



The co-owner of Mac's Public House — the Staten Island bar that has gained national attention for defying COVID-19 lockdown orders — was arrested over the weekend for allegedly hitting a New York City sheriff's deputy with his car, KABC-TV reported.

What are the details?

Two deputies followed Danny Presti to his vehicle after he left the bar — which had welcomed customers once again — shortly after midnight Sunday, officials told the station.

Image source: WABC-TV video screenshot

The deputies identified themselves, approached Presti, and tried to arrest him for multiple offenses, KABC said, adding that Presti began to flee on foot toward his vehicle. The pursuing officers ordered him to stop, the station said, but Presti entered his car.

Officials said Presti allegedly drove into one of the deputies, who was thrown upon the hood of the vehicle, KABC said, adding that Presti drove about 100 yards with the injured officer clinging to the hood until deputies eventually brought the vehicle to a stop.

KABC said the incident was caught on surveillance video.

What happened to Presti?

Presti was arraigned Sunday on multiple charges — including felony assault — and was released from police custody, the station said. Presti's attorney Lou Gelormino told WABC his client spent the night in jail.

It was the second time Presti was arrested in less than a week, as sheriff's deputies raided Mac's Public House last Tuesday night and led Presti away in handcuffs for defying COVID-19 lockdown orders.

Presti on Monday said he's stepping back for a couple of days out of respect for law and order, the station said — but he and Gelormino maintained his innocence.

"Two big, burly officers came out from in between a parked car, behind him, and yelled, 'Presti! Hey, Presti!' and started running at him," Gelormino said Monday, according to WABC. "That's what started the whole turn of events. It wasn't two officers in uniform, waving badges, saying, 'Hey, can we talk to you?' That's what started the whole event."

Presti also made a statement Monday, the station said: "I have nothing but respect for the NYPD and other law enforcement. I think when you find at the end of the investigation, you will find that I did nothing wrong."

Image source: WABC-TV video screenshot

What happened to the sheriff's deputy?

The injured deputy was taken to a hospital, where he was treated and released, WABC said. A station reporter said during the broadcast that the deputy broke bones in his leg as a result of the incident — but that Presti denies that and insists the deputy only twisted his ankle — and that there's video to prove it.

More from WABC:

Officers made the arrest after conducting surveillance on the bar, which had violated COVID restrictions multiple times.

Officials say officers saw a woman standing in front of the pub who would guide people into the neighboring commercial space.

They were able to observe people enter the space and then disappear into a back room.

Those who were visible through the windows appeared to be drinking alcoholic beverages.

Around 10 p.m., officers saw about 20 people exit the neighboring space, followed by another 10 people.

Gelormino told the station the bar's tables were six feet apart Saturday night, including on the patio in the back, and that all social distancing rules were being followed.

Presti prior to his arrest told KABC that "we're struggling, and a lot of people in these businesses have lost a lot, and in the beginning, we were OK to sacrifice, and we've sacrificed everything at this point. You have to take care of us, the government is supposed to be there to protect you, and that's the opposite of what's happening here."

What did NYC Mayor Bill de Blasio have to say?

"I think his actions are extraordinarily disturbing, I think they are disgusting, I think there's no excuse for someone doing something that might threaten a law enforcement officer, that's what he did," New York City Mayor Bill de Blasio said about the incident, the station reported. "Our sheriff's deputy, his life was in danger because of what this guy did. It's absolutely unacceptable, he should pay very very serious consequences for what he did. I am always concerned we have to make sure consequences are clear. So I respect that the law enforcement system has a way of determining who can get released and who doesn't. But what I care about the most here, is that it be very clear, there are serious serious charges, and this guy did something extremely dangerous, and he needs to suffer the appropriate consequences for what he did."

What did New York Gov. Andrew Cuomo have to say?

"A couple of primary New York values: One of them was, you don't assault a police officer. They are defending a person who drove his car into a law enforcement officer, drove 100 yards with a law enforcement officer clinging to the hood for his life, and that's who they are championing ... Someone who attacked a law enforcement officer," New York Gov. Andrew Cuomo said, according to WABC. "You don't attack the NYPD. You don't do it. They put their life on the line. You don't attack a law enforcement officer who is doing his or her job. And when you have someone who drives their car into someone, could have killed him, hospitalizes him — how dare you? What signal are you sending when you glamorize that type of behavior? ... It's repugnant to the values of any real New Yorker. You never assault a police officer."

Anything else?

After Presti's first arrest Tuesday a large group of protesters hit the street in front of Mac's Public House Wednesday night to show their support for the bar.

And WABC reported that yet another protest is planned for Monday.

CBS News said Staten Island is home to many police officers and firefighters and is usually seen as supportive of law enforcement. The network added that the New York City borough is much more conservative than the rest of the city and is the only one of the Big Apple's five boroughs that voted for President Donald Trump in November.

Large protest breaks out at Staten Island bar forced to shutter for lockdown: 'People are fed up!'



Protesters endured the near-freezing weather on Wednesday night to show their support of a defiant New York City bar that was shuttered by lockdown orders that banned indoor dining at bars and restaurants.

The owners of Mac's Public House in Staten Island decided two weeks ago that their establishment would become an "autonomous zone," in an attempt to skirt the coronavirus lockdown orders enacted by New York Gov. Andrew Cuomo (D).

The bar is located inside an "orange zone," which stipulates: "Restaurants, bars, cafes and other food service establishments can provide outdoor dining and takeout and delivery service only. There is a four-person maximum per table. No indoor dining is allowed."

The bar attempted to circumvent the coronavirus restrictions by offering free drinks, while asking for "donations."

Deputy sheriffs entered the bar undercover and noted that they observed 14 people drinking and eating at around 5:30 p.m. on Tuesday.

On Tuesday night, the New York City Sheriff's Department raided Mac's Public House for defying the COVID-19 lockdown orders. Law enforcement shut down the business and arrested Danny Presti, who is the bar's co-owner along with Keith McAlarney.

Presti was charged with obstructing governmental administration, according to NYC Sheriff Joseph Fucito. Presti was issued a desk appearance ticket and set free later that evening.

Lou Gelormino, an attorney who represents Mac's Public House, told the Staten Island Advance that Presti was arrested because he refused to vacate his business "and at that point ... they considered it trespassing."

"I can assure everybody there wasn't a person in the place that was disorderly, disrespectful, or not courteous," Gelormino informed WABC-TV. "Executive orders are emergency powers that are supposed to be short lived and narrowly tailored."

Attorney Mark Fonte, who also represents the tavern, said, "We urge our friends in the restaurant industry to be as resilient as possible while we appeal this decision."

"These sheriff's officers are 'wannabe' cops," Fonte proclaimed. "This is what happens when little people get a little power. Each one of them will have to answer to a federal judge. The issuing of summonses to an attorney for representing his client will not be dealt with lightly. I would advise the issuing sheriff to lawyer up immediately."

On Wednesday, state Sen. Andrew Lanza was restrained outside Mac's Public House. Police stopped him from entering the restaurant and said only legal counsel could enter. Lanza declared that he is a "free-of-charge attorney," and police asked for a retainer.

"I got a piece of cardboard and I drew up a retainer," Lanza told the Staten Island Advance. "I signed it. The owner came out and signed it, which is legally binding."

Authorities said his retainer was not valid, and he was prohibited from entering the building.

"I took a step toward the door so they started to grab me and I said 'OK, I won't go in,'" Lanza said. Police officers restrained Lanza and then released him.

The Sheriffs Department attempted to detain State Senator Andrew Lanza for providing legal council to the owners of… https://t.co/GQjK8kuUDu
— LiquidLunchTV (@LiquidLunchTV)1606938648.0

"Somebody's got to stand up for the little guy and that's what I am trying to do here," the Republican from Staten Island explained. "People are frustrated, they are angry and they are a little defiant. And it's understandable."

"We respect law enforcement on Staten Island like no other place," Lanza told the sheriffs. "We also have questions as American citizens. You just took out one of our constituents, one of our neighbors, a business owner, in handcuffs. I asked why."

By Wednesday night, approximately 2,000 supporters of Mac's Public House showed up for a rally outside the bar that was shut down. Police guarded the pub and prevented anyone from entering.

A huge group of people gathered outside the Staten Island bar – in the middle of a COVID hot zone – that was shut d… https://t.co/7RJ99y6TAP
— Eyewitness News (@Eyewitness News)1606962648.0

Meanwhile, the frustrated yet spirited protesters waved American flags while chanting: "U-S-A! U-S-A!" and "TRAITOR!" The protesters were energized and sang Twisted Sister's "We're Not Gonna Take It" in unison.

At times, the protest turned into a rally for President Donald Trump, complete with people singing the Village People's 1978 hit "YMCA," which POTUS danced to at rallies in October.

Sheriffs temporarily moved onto the protesters who appeared to be dancing on Sheriff’s car ram rack, they soon afte… https://t.co/NrV6irCc7e
— @SCOOTERCASTER (FNTV) (@@SCOOTERCASTER (FNTV))1606962121.0

Artist Scott LoBaido delivered an impassioned rant: "Patriotism is not just hanging your flags out on the Fourth of July. You know what's patriotism? This is f***ing patriotism."

Joe Caldarera, an attorney, was at the event and said, "People are fed up! Loved the energy tonight at the Mac's Public House Rally." He shared video of the crowd chanting: "Open up!"

People are fed up! Loved the energy tonight at the Mac’s Public House Rally https://t.co/QIdjSgctNs
— Joe Caldarera (@Joe Caldarera)1606960026.0

Nicole Malliotakis was named the winner of New York's 11th Congressional District election by the Associated Press on Monday, which includes all of Staten Island and some of Brooklyn. Malliotakis, a Republican, endorsed the protest on Wednesday night.

"Hundreds of Staten Islanders turned out tonight in support of Mac's Public House and by doing so sent a loud and clear message to @NYCMayor & @NYGovCuomo; New Yorkers are sick & tired of their double standards, arbitrary restrictions, heavy-handed attacks on businesses and restraints they've placed on the freedom of individuals," Malliotakis wrote on Twitter.

"It's outrageous that @senatorlanza was almost arrested for attempting to enter Mac's to consult with it owners," she continued. "Gov & Mayor are killing small businesses, destroying dreams & unfairly punishing constituents for simply trying to lead a normal life."

NYC pub takes defiant stand against Gov. Cuomo, declares itself 'autonomous zone' from lockdown restrictions



A Staten Island restaurant has declared itself an "autonomous zone" that is free from Gov. Andrew Cuomo's business-killing coronavirus restrictions.

Beginning Nov. 20, Mac's Public House, owned by Danny Presti and Keith McAlarney, said they would not abide by restrictions enacted by Cuomo or New York City Mayor Bill de Blasio. Their defiant stance came just days before new restrictions hit the area where Mac's is located, which includes a ban on indoor dining at bars and restaurants, according to the New York Post.

The declaration that Mac's is now an "autonomous zone" pays homage to the "Capital Hill Autonomous Zone," which far-left radicals established in Seattle in June.

A sign outside Mac's now reads:

!ATTENTION! We hereby declare this establishment an !!!AUTONOMOUS ZONE!!! We refuse to abide by any rules and regulations put forth by the Mayor of NYC and Governor of NY State.

For their defiance, Mac's has been "slapped with thousands of dollars in fines, a shut-down order from the state Health Department and the Friday revocation of its liquor license by the State Liquor Authority," according to the Post.

But those consequences have not deterred Mac's owners.

In a YouTube video, Presti explained the sheriff's department is issuing his restaurant $1,000 fines, but said, "at this point, we're OK with it, because we're not paying it."

To circumvent their business licenses being revoked, Presti said they are allowing patrons to eat and drink for free — while asking them for donations to stay afloat.

Meanwhile, McAlarney challenged Cuomo and "De Bozo" — a reference to de Blasio — to personally come to Mac's to revoke their licenses.

"We're not backing down. You think you scared me by...saying I don't have a license now to serve liquor now? Well guess what? That liquor license is on the wall. If that liquor license is gonna come off the wall, it's gonna be done by Cuomo. You wanna come down here and pull that license off the wall?" McAlarney said.

He continued, "Or De Bozo, you want to come down here and pull the license off the wall? Feel free to end up comin' down, and we'll end up having a conversation before you even think about stepping foot on my property. I will not back down."

Staten Island - Mac's Public House - More FINES! Original $15,000 Fine Voided, THE BATTLE HEATS UP! www.youtube.com

However, keeping the restaurant's doors opened does not mean Presti and McAlarney are being unwise. In fact, they are taking significant COVID-related precautions.

"We will still wear masks, take the same safety precautions we've had in place, maintain daily cleanings and work in a responsible manner to the best of our abilities," the owners told the Staten Island Advance.

But, Presti explained, "What we will not be doing is living in fear. By fear, we mean the constant threat of our local city and state governments sending agencies in to check up, fine and threaten to shut us down. Every day small businesses are living in fear, not just of this virus, but that our governments will take our livelihoods away, even as we're being safe."