Ex-investigator for Nassau DA pleads guilty to striking suspect in handcuffs

A former investigator from the Nassau County District Attorney’s Office assigned to the DEA drug task force acknowledged Wednesday in federal court in Manhattan that he assaulted a handcuffed suspect last year in the Bronx.

Dustin Genco of Seaford pleaded guilty to deprivation of constitutional rights under color of law before U.S. Magistrate Judge James L. Cott. One condition of the guilty plea calls for Genco, 51, to permanently cease looking for employment with any federal, state or local law-enforcement agency, according to a statement from Damian Williams, the U.S. Attorney for the Southern District of New York.

Genco resigned from the Nassau County District Attorney’s Office on Tuesday, according to Brendan Brosh, a spokesman for Nassau District Attorney Anne T. Donnelly. 

“When this office was made aware of the incident in question, the former detective investigator was removed from the task force and placed on modified duty, where he did not have any contact with the public,” Brosh said. 

“Public trust in law enforcement is paramount and this office will aggressively investigate any claims of wrongdoing by police officers,” Brosh added. 

Genco was serving on the DEA task force on Oct. 22 when he was assigned to assist with the arrest of the victim, Williams said. During the arrest, Genco forcefully kicked the suspect in the chest and stomach while the victim was restrained by handcuffs and was injured as a result of the assault, Williams said. 

Genco later intentionally misled a federal agent about the assault, claiming that the victim continued to resist arrest while handcuffed, authorities said, and he failed to disclose that he had kicked the restrained victim in the chest and stomach. 

 “Dustin Genco, a former DEA Task Force Officer, violated the constitutional rights of an individual by using excessive force during that person’s arrest,” Williams said. “This officer violated his oath and abused his power to deprive the victim of his rights protected by the U.S. Constitution. He now faces the serious consequences of his actions.”

Genco’s attorney, Jim Walden, disputed Williams’ claims that the officer injured the suspect. He said his client was a “heroic cop who let his emotions get the best of him in a split-second incident, in a 30-year career.”

“The fugitive he was arresting had assaulted Dustin and his partner while trying to flee again,” Walden said. “To his credit, Dustin accepted responsibility today. But If I were an agent or officer in New York this prosecution would terrify me. Think of it, after a career that included being a hugely effective officer against fentanyl traffickers, Justin did something wrong in an instant but caused no injury.”