A woman pepper-sprayed by a passerby while raising money at a Brooklyn stoop sale for families in Gaza is calling for hate crime charges against another woman accused in the episode.
The victim, 40, who requested her name not be used, was taking part in the sale on Pacific St. in Cobble Hill on Nov. 23 when Amy Kwalwasser, 53, began taking footage of the group, some of whom were wearing keffiyehs.
“All proceeds to families in Gaza,” a sign attached to a tree in front of the stoop read.
The victim then began filming Kwalwasser herself, resulting in an exchange that allegedly ended with Kwalwasser pepper spraying the victim, said cops and the victim.
“A 40 year-old female victim got into a verbal dispute with another female individual. The victim was then sprayed in the face with pepper spray causing irritation to the eyes and swelling,” said a DCPI spokesperson Thursday.
Kwalwasser, a lawyer from Fort Greene, was charged with assault, assault with intent to cause physical injury, criminal possession of a weapon, harassment and criminal mischief, according to a court database.
The New York chapter of the Council on American-Islamic Relations and the victim’s lawyer, Ron Kuby, both say they have contacted the Brooklyn District Attorney’s Office several times to urge Kwalwasser be charged with a hate crime.
Kuby complains that the charges Kwalwasser is facing are not as severe as those faced by 28-year-old Taylor Pelton and others accused of spray-painting the homes of Anne Pasternak, the executive director of the Brooklyn Museum, and a museum board member. Kuby said the victim in this case hired him to make sure people who are thought to be Palestinian are treated the same way as people who support Israel when they are attacked.
“This general indifference to Zionist-inspired violence against actual people stands in sharp contrast to the vigor with which you prosecute crimes committed by Palestinian supporters against Zionist property,” wrote Kuby in a letter to two Brooklyn Assistant District Attorneys.
The case is under review.
“We take all allegations of bias seriously,” a spokesperson from the Brooklyn District Attorney’s Office told the Daily News. “The Hate Crimes Bureau is reviewing this case to determine if charges beyond those the police brought are warranted.”
Kuby, the victim and a witness provided video of the incident to The News.
According to another woman involved in the stoop sale who did not share her name, Kwalwasser told the group images of them would be posted online as an example of hatred towards Jews. The victim and her friends then began filming Kwalwasser with their phones.
“We’re helping five families who are being starved,” the victim says in one of the videos.
Video shows Kwalwasser then reaches out for the victim’s phone.
“She grabbed my phone and threw it violently,” the victim later explained. “First the phone hit the leg of one of our friends and then it hit the ground.”
Another video taken at the same time shows Kwalwasser throwing the phone, and then someone from the stoop sale group reaches out and grabs ahold of her bag before Kwalwasser wrenches it free and heads across the street.
Another video filmed by the victim picks up the scene across the street a few seconds later, after the victim retrieved her phone and saw it was damaged.
“Come and repay my phone,” says the victim, following Kwalwasser as she continues to walk backwards while recording and screaming for help.
“We were keeping a distance and she was walking, slowly recording us and screaming like she was the victim,” the woman whose phone was snatched later told The News.
Kwalwasser then sprays the victim with pepper spray, the video shows.
“In a matter of seconds my face started to burn,” the victim said. “After some time the police came and one of them helped me to cross the street because at that point I couldn’t open my eyes anymore.”
“I was in shock. Is this happening to me?”
The victim went by ambulance to NYU Langone Hospital—Brooklyn, where she was treated and released.
Another video seen by The News shows Kwalwasser in handcuffs, being walked to a car by a pair of NYPD officers.
“Remember, you’re supporting terrorism,” she tells the group, who react with sounds of mock concern.
Kwalwasser was issued a desk appearance ticket by the NYPD to appear in court at a later date.
Kuby also represents victims of Jonathan Kaye, the Brooklyn investment banker charged with assault, menacing and harassment for allegedly shoving and punching a pro-Palestine group after the Brooklyn Pride Parade in June. Kuby also feels Kaye should have been charged with a hate crime. That case is ongoing.
The victim said it’s clear to her that Kwalwasser’s actions can be chalked up to bias.
“A civilized person would say ‘I’m sorry, I had a burst of anger,’” the victim said. “Even if I am pro-Israel and you are pro-Palestine.”
Phone messages left for Kwalwasser were not returned. She is due in court on Feb. 11.
With Rocco Parascandola