Fist bump arrest costs Mount Vernon $40,000

MOUNT VERNON - The city will pay $40,000 to a man allegedly arrested after a fist bump.

Basil Johnson, 49, was detained in 2010 on marijuana possession charges and was found not guilty the following year by a Mount Vernon jury. He filed a civil rights lawsuit against the city in 2012 seeking damages for unlawful arrest, negligence and other alleged policing lapses.

Antoinette L. Williams, Johnson's attorney, said her client was arrested after greeting an acquaintance on the street.

"They gave each other a (fist) pound and based on that the police said there was a drug transaction," Williams said Wednesday. "If there was a drug transaction there would have been marijuana in his possession. He didn’t have any cash. He should have never been arrested."

The Mount Vernon Board of Estimate and Contract voted on Johnson's settlement Tuesday. During the board's discussion of the case, Corporation Counsel Lauren P. Raysor told Mayor Ernest Davis that one of the arresting officers in the case refused to testify, despite a subpoena.

Raysor said that without the full cooperation of the police officer, who was unnamed, the city could have faced a much higher judgment in favor of Johnson had the case gone to a jury trial.

Williams said Johnson is "reasonably satisfied" with the settlement.

Johnson has a history of petty crimes and arrests, according to court records. In 2004, he filed a civil rights lawsuit against Mount Vernon for false arrest. Williams said she could not comment on the outcome of the 2004 case because she didn't represent Johnson.

"Mount Vernon is a small city and you can have more than one encounter with a police officer," Williams said.

Twitter: @ErnieJourno