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WHITE PLAINS, N.Y. -- The Westchester District Attorney's Office announced Monday it will not criminally prosecute White Plains Assistant Police Chief Anne FitzSimmons, who was accused of flinging a chair at the back of an officers chair in September.
Lucian Chalfen, a press representative in the district attorneys office, said officials reviewed all the facts and circumstances before sending the case back to the White Plains Police Department for review.
An attorney who brought a civil lawsuit against the city and assistant chief on behalf of Officer Michael Hannon did not immediately return a call for comment.
The federal civil rights lawsuit accuses FitzSimmons of growing upset with Hannons handling of a phone call and responding by launching a heavy chair on wheels at his chair, which propelled his head into a computer screen.
The suit asks the court to decide what financial compensation Hannon should receive for his spinal injuries, legal representation and mistreatment. Hannon was out of work for approximately three months because of his injuries and then limited to "light duty" work, according to his lawyer Mitchell Baker.
The city was named a defendant alongside FitzSimmons for failing to prevent the incident and allowing the department to ignore an internal complaint requesting that the assistant chief be disciplined, according to the lawsuit.
Officer Hannon and Public Safety Commissioner David Chong received a letter in early March informing them that there would be no criminal prosecution from the district attorney's office.
Chong declined to comment.
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