Queens Councilman Is Charged With Assault

Hiram MonserrateHiram Monserrate was elected to the City Council in 2001 and to the State Senate last month. (Photo: Uli Seit for The New York Times)

Updated, 2:05 p.m. | City Councilman Hiram Monserrate, a Queens Democrat who was elected to the State Senate last month, was arrested and charged with assault early Friday morning in connection with an injury to his girlfriend, law enforcement officials said.

Paul J. Browne, the Police Department’s top spokesman, said that Mr. Monserrate had been arrested and charged with assault in the first degree.

Officials said that Mr. Monserrate, 41, had taken his girlfriend, Karla Giraldo, 30, to Long Island Jewish Medical Center with what appeared to be a serious injury in or around her left eye.

Ms. Giraldo told hospital staff members that it was Mr. Monserrate who had assaulted her, officials said. It appeared that she had been punched and slashed in or around her left eye with a shard of glass, and officials said it took 20 to 40 stitches to close the wound. A doctor at the hospital, which straddles the border between Queens and Nassau County, called the police at 4:50 a.m.

New York City police detectives arrived at the hospital, arrested Mr. Monserrate and took him to a Queens precinct house for questioning. The episode occurred in Mr. Monserrate’s apartment, at 37-20 83rd Street in Jackson Heights, officials said.

Officials said that when the police arrived at the hospital, Ms. Giraldo said that she did not want Mr. Monserrate to be arrested. But under New York law, such arrests are mandatory in domestic violence cases, even if the victim does not want the case to be pursued.

Michael Nieves, a spokesman for Mr. Monserrate, declined to comment on the case, saying he needed to learn more about the situation.

Another spokesman, Wayne Mahlke, said: “We’re not making any statement right now. We will be doing one shortly.”

Mr. Monserrate — a former marine and a former police officer, who served 12 years with the New York City Police Department — was less than two weeks away from resigning his seat on the City Council, where he has served since 2002, to join the State Senate.

Indeed, Thursday was a big day for the councilman. Mr. Monserrate gave a departing speech on the floor of the City Council, where his colleagues praised his service. And on Thursday evening, he attended a holiday party held by the Queens County Democrats.

The arrest startled officials on the Council. “Yesterday was a happy day for Hiram and people were happy for him, so this would be really weird,” Councilman John C. Liu, a fellow Democrat from Queens, said on Friday morning.

The City Council speaker, Christine C. Quinn, said in a news conference on Friday:

I have heard of the allegations against Councilman Monserrate. You can imagagine they are deeply, deeply troubling allegations. Of course, they’re allegations. Councilmember Monserrate, just like any individual in the city or anywhere else, is innocent until proven guilty, and I’m glad that the N.Y.P.D. is taking up these charges and is going to pursue them quickly and thoroughly.

That said, the charges which relate to domestic violence speak to the problem of domestic violence in our city. And domestic violence is really a cancer in our city and it is just outrageous and unacceptable. When that crime is perpetrated the individual who commits it needs to be prosecuted to the fullest extent of the law regardless of any position that individual might hold.

Mr. Monserrate became the first Latino to be elected from Queens when he won his Council seat in 2001. In 2003, days after a Brooklyn councilman was assassinated at City Hall, a campaign volunteer for a rival candidate running against Mr. Monserrate was charged with threatening to shoot Mr. Monserrate and two of his aides because he thought they were engaged in dirty campaign tricks. The volunteer, Julio Abreu, had accused the aides of pulling down posters for the rival candidate, Luis Jimenez, and harassing his workers.

In 2006, Mr. Monserrate unsuccessfully challenged an incumbent state senator, John D. Sabini, in a hard-fought Democratic primary. In 2007, Mr. Sabini was arrested in Albany for driving while intoxicated. He pleaded guilty to a reduced charge and paid a $300 fine. But the arrest helped to cost him the support of party leaders in Queens, who shifted their support to Mr. Monserrate.

In May, The Times reported that the authorities were investigating whether a Queens social service agency that received city money through Mr. Monserrate’s efforts also helped politically with his campaign for the State Senate. The Queens district attorney’s office and the city’s Department of Investigation are looking into allegations that more than two dozen workers for the nonprofit agency, Libre, collected signatures to help Mr. Monserrate get on the ballot in 2006.

Mr. Monserrate has directed more than $2.7 million in Council discretionary and capital funds to the group. He said that he was unaware of any investigation and knew nothing about any efforts by Libre to collect signatures for his nominating petitions. (In October, The Times reported that Libre could not produce paperwork to show how it spent nearly $250,000 in city money that the councilman had directed to it in recent years.)

In June, Gov. David A. Paterson announced that he would nominate Mr. Sabini to be chairman of the State Racing and Wagering Board, sparing the party from another bitter primary. Mr. Monserrate won the Democratic nomination for Mr. Sabini’s Senate seat in an uncontested primary in September, and sailed to election in November.

After the election, in which Democrats won control of the chamber for the first time in decades, Mr. Monserrate was part of a so-called Gang of Four that balked at electing Malcolm A. Smith, the Senate Democratic leader, as majority leader. Mr. Monserrate eventually backed down and threw his support to Mr. Smith, who is also from Queens, but the future leadership of the Senate remains in turmoil.

Al Baker, Michael Barbaro and William K. Rashbaum contributed reporting.

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Sounds like a lovely guy.

Wasn’t this guy at one point a member of that bizarre gang of rogue Democratic state senators which Gov. Paterson calls “Somali Pirates” and “The Indictees?”

I regret that I had to read this. For the personal problems, best wishes.

It’s the political machinations that make the system unsustainable. I wish anything revealed was unusual or scandalous.

It certainly is discouraging to those who want to make a positive contribution. There should be nothing wrong with political activists supporting a candidate while earning public funding on its merits. But when there is no alternative than the discretionary funding, all the participants are suspect.

It’s a very sad fact that some men feel that they are justified to haul off on their girlfriends and wives, whatever their reason. At the very least, those who do so should be required to take anger management courses. Their ladies should be given the opportunity of receiving counseling to help them free themselves from a toxic relationship.

If the abuse worsens, the victim must get a restraining order. Recent history has proved that these orders are often ineffective, however. Men who abuse their significant others should be required to wear a global positioning device, and their girlfriends or wives the same. It might deter more serious by alerting the woman to the approaching male.

It is doubly disturbing that the alleged offender in this instance is the first Latino elected official from Queens. Latino young men, like young men from any background, need strong, wholesome men as role models, not limited to just baseball players and entertainers.

Unfortunately, here in The Bronx, we have a terrible ongoing problem with nepotism and cronyism. We all understand that politicians have used their positions for time immemorial, to hand out plum positions to their relatives and friends. Sadly, the Rivera family has taken that practice to a new high…or should I say a new low?

Perhaps The New York Times should investigate this situation, since The Bronx never seems to get the political coverage which the other boroughs receive.

This Councilman has a shady past and appears to draw controversy. Arrested for assulating his girlfriend …….. sure, why not? . . . lets elect him to the Senate! Got to Love NY Politics!!!!

So, basically, those who can’t function in a meaningful and industrious way join the ranks of “political machinery” and rob the tax payers, is that it?

And how many drinks did the Councilman consume at the Holiday Party?

And he drove his girlfriend to LI Jewish Hospital on the Queens-Nassau border from his apartment in Jackson Hts. You mean there aren’t any closer hospitals b/w Jackson Heights and Q-N border? Perhaps he figured he wouldn’t be noticed that far away?

Oh, and it’s too bad they didn’t have him do a breathanalyzer test. Probably could’ve hit with DUI too.

If found culpable, I would recommend that Mr. Monserrate
consider becoming a middleweight.

This guy is a disgrace!

Not only is he a crook (giving millions of taxpayer dollars to questionable and phony charities) he is also engages in domestic violance.

I hope they put him in jail. What kind of lunatic slashes their girlfiends face with a knife?

This “man” has no business being in elected office.

I just hope the NYS Senate has the good sense not to seat this jerk!

He should resign his State Senate seat. New York State government does not need someone that commits acts of domestic violence.

The above poster is right too, he was probably drunk and drove drunk to a hospital in Nassau County to avoid detection.

Vito Fossella had to resign, why not Monserrate?

If she didn’t want him arrested, she shouldn’t have said he hit her. Use some common sense.

Wow imagine that: an ex-cop turned politician thinking he can beat up a woman and get away with it.

And, sadly, he will get away with it. And I’ll still have this lowlife as my state senator!!!

BTW, Hiram’s apartment is only blocks away from Elmhurst hospital.

Hmmm. Wonder why he did not show his ugly face there?

ex cop huh? anybody surprised? 20 to 40 stitches…what did he hit her w a beer bottle? or a glass? isnt that agg assault? how does a fist rip open the skin like that?

and then all the shady stuff. are all politicians dirty? it seems so. why have them at all….

am sure he will get off. she asked for it right?

one thing we knew for awhile – he’s a fighter.

too bad his punches aren’t used for more purposeful matters, like serving the people instead of serving himself. his history (and i liked the guy) spells out his epitaph. and yeah, as someone above asked, how many drinks did he consume before arriving home? and how much arguing and moaning did she do about his coming home late? such stupidity and pettiness from either or both sides always leads to this result.

Coward! I hope he does not get to take his seat in the State Senate. He almost slashes her eye out (20-40 stitches!) and she doesn’t want him arrested? Probably because she knows it will get worse when he gets out. I’m glad N.Y. has the mandatory arrest requirement, it should not be up to the victim. I hope she comes to her senses with all this publicity and leaves him or her family steps in. I doubt people know he’s such a bully at home.

40 stitches in her face! She could have lost an eye. Time for a resignation.

What is it with cops and ex-cops and violent tempers? We have a problem in this country with violence. We glorify violence while civility and mutual respect are practically non-existent.

Law enforcement is one of the most violent institutions in our nation as evidenced by the repeated assaults by police officers on civilians, such as Patrick Pogan on the bicyclist in Times Square. We have nurtured this culture of violence and allowed our civil servants (police, prisons, etc.) to get away with sadism.

Nathan, #8, wrote, “If found culpable, I would recommend that Mr. Monserrate consider becoming a middleweight.”

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You mean, because it’s okay for middleweights to beat up on women? Where do you get off suggesting that there is anything worthy of being a professional boxer because some creep beats his girlfriend to a pulp?

hell’s Kitchen Guy December 19, 2008 · 12:11 pm

If you’re a brute, a bully, a gangster, a drug mule, a shakedown artist … you go into politics.

Sad to see only two people put a name to their remarks. How many other men in this city were arrested on the same charge last night, this week… They all also deserve the same notoriety. It is part of all facets of society. Child services and neighbors across America see this every day. Only education and the guts for people to come forward will resolve these issues. Hiding behind screen names is just as galling to me.

sounds like an ideal policeman

This guy is a complete clown. He was not my Council Member, but he is the person who was elected to serve as my State Senator. I did not vote for him, nor would I have. I have heard that his initial election was a knee-jerk reaction to vote for a former cop/marine right after 9/11. I hope that the State Senate refuses to seat him until the outcome of this case. Oh, and maybe that “charity” could help pay his legal fees, since it may have already been gathering his signatures.

In a comment above, somebody suggested that the perpetrator should have “anger management” counseling.

Domestic violence offenders do not need anger management.

They know very well how to manage their anger.

In fact, they know how to exaggerate their anger, the better to hold their victims in a reign of terror.

By contrast, they do not lose their temper at their bosses or co-workers.

It’s important for society to realize this, so that it will not think it can reduce domestic violence by requiring perpetrators to attend anger management counseling.

City legislators are a seedy lot!