Two Brooklyn men were arrested for assault after getting caught shoplifting at the Bayonne Walmart last week, with one getting pepper sprayed after kicking an officer in the knee, police said.
Tyshawn Kennedy, 31, of Brooklyn, New York, was charged with aggravated assault on a law enforcement officer, criminal mischief, obstructing a governmental function, and resisting arrest, while Frankie Markez, 36, also of Brooklyn, New York, was charged with aggravated assault and possession of an imitation firearm, according to Police Capt. Eric Amato.
Kennedy and Markez were taken into custody at about 11:31 p.m. on Friday from the area of Bayonne Crossing Way. Officers responded to the area of Walmart on a report of a fight possibly involving a handgun.
The caller stated that two woman and one men, one of whom was possibly in possession of a handgun, were just involved in a fight in the parking lot with three individuals and fled the scene.
According to one of the victims, after he confronted the two men, later identified as Kennedy and Markez, with observations of them under-ringing items in the self-checkout, he exited the store and attempted to get into a vehicle occupied by 2 other individuals.
At that time, Markez emerged from the store and initiated a verbal altercation with the victim. The altercation turned physical after Markez spat in the face of one of the vehicle occupants while threatening harm with a gun he claimed he possessed in his waistband.
While a gun was not shown but an object was observed in the waistband by the victim, leading him to believe it was a gun. Markez was then joined by Kennedy and two women as they began to fight with the victim and the two other occupants of the vehicle.
Kennedy, Markez, and the two women then fled but were located and apprehended as they attempted to hide behind merchandise stationed outside of Lowes.
As officers attempted to place Kennedy into custody, he resisted by dropping to the ground, lying on his hands, refusing to stand up, and flailing his body to avoid being handcuffed.
After a struggle and with the assistance of several officers, Kennedy was placed into handcuffs and walked to a waiting police vehicle for transport to headquarters.
As Kennedy was entering the police vehicle, he grabbed hold of the door handle and ripped it from the door. He was ultimately placed in the rear passenger compartment and transported to headquarters.
Markez was then taken into custody without incident and a search incident to his arrest led to the recovery of a black video game controller concealed on his person which he referred to as he made threats of a handgun to the victim.
The two women involved were released at the scene.
While at headquarters being processed, Kennedy requested medical attention and an ambulance was summoned for transport to the hospital. Officers removed Kennedy from his cell and began escorting him to the waiting ambulance.
While being escorted, Kennedy became irate and aggressive, flailing his body, dropping to the ground, and attempting to break free from the control of the officers.
As officers attempted to return him to his cell, he again dropped to the ground and kicked an officer in the knee.
One officer then deployed a short burst of pepper spray which caused Kennedy to cease his violent behavior and allow transport to the hospital for treatment, authorities said.
