City cops barged into the home of a Staten Island mom without a warrant, beat up her family and callously killed her pet parakeet, according to court papers.
Evelyn Lugo’s beloved bird Tito was ejected from his cage after it was knocked off a dresser when cops came into the St. George home, the lawsuit alleges.
Evelyn Lugo holds a picture of daughter Alba Cuevas' injuries, and a photo of her dead parakeet, Tito.
“I screamed, ‘The bird!’ ” Lugo’s daughter Anna Febles told the Daily News, “and he said, ‘F--- the bird,’ and he, like, stepped on it.”
“I was shocked,” Febles, 30, said. “It was a blue and green bird. It was really pretty.”
The suit says family friend Luis Ortega (pictured) and Lugo's son George were repeatedly struck in the head with a baton and suffered severe facial injuries.
Lugo, 57, the mother of 10 children, was not informed of Tito’s demise until the next day because her daughters feared she would become hysterical.
Lugo's daughter Anna Febles tells the Daily News that she screamed when parakeet Tito was ejected from its cage — and a cop said 'F--- the bird,' and stepped on it.
Lugo was already dealing with the stress of two sons and a daughter who had been arrested and grandchildren traumatized by pepper spray used inside the home.
“They (the cops) don’t care about us as humans, they’re going to care about the bird?” she said.
Lugo says that after the violent incident with the police, 'I was hurt on the inside, in my heart.'
The violent incident occurred Sept. 2, 2012, as Lugo’s family was celebrating a Labor Day barbecue, the suit said.
The suit alleges that the cops used 'excessive force' after entering Lugo's home.
Lugo’s son Edwin Avellanet was taking a bag of garbage outside when cops stopped and questioned him about an orange construction cone placed in front of their Corson Ave. home to save a parking spot, according to lawyer Jason Leventhal.
The cops demanded to see identification and Avellanet, 26, refused, stating that he had done nothing wrong. A cop grabbed Avellanet by the arm, but he was able to break free and retreat into the house, according to the suit.
Lugo says cops barged into her Staten Island house without a warrant. Here, some of the alleged damage police caused.
The lawyer said cops started smashing several first-floor windows with their equipment. Lugo opened the front door to see who was outside and the cops barged in, Leventhal said.
“It was completely uncalled for,” Leventhal said. “There was no excuse for going into the house without a warrant.”
Edwin Avellant, 26, standing next to the bird cage where his mother's parakeet Tito was allegedly killed by NYPD. Avellanet was taking a bag of garbage outside when police stopped and questioned him about a construction cone in front of his family's home.
Additional cops arrived and swarmed throughout the house looking for Avellanet.
“They threw me like a piece of garbage on the floor,” Lugo said.
Another son, George Lugo, and family friend Luis Ortega were struck in the head repeatedly with a baton and suffered severe facial injuries, according to the complaint filed Nov. 29 in Brooklyn Federal Court.
Lugo’s daughter, Alba Cuevas, has asthma and was having difficulty breathing due to the pepper spray cops used. She ducked into a bedroom to catch her breath and was arrested. Criminal charges against Ortega, Lugo and Cuevas were later dismissed and sealed, according to the suit. Avellanet, the subject of the cops’ initial stop-and-question, was not charged.
“Ever since then I have been sick and depressed,” Lugo said. “I was hurt on the inside, in my heart.”
The suit, alleging unlawful search and seizure, excessive force and malicious prosecution, seeks unspecified damages.
A spokeswoman for the city Law Department said a copy of the suit had not yet been received. An NYPD spokesman did not respond to a request for comment.