Utica (WSYR-TV) – A convicted sex offender who had been accused of slamming his mother’s head into a floor repeatedly is suing the Utica Police Department.
In January 2012, Utica Police arrested Matt Cuda on a charge of assault in the second degree.
Police said they began investigating Cuda – who was convicted of sodomizing a 14-year-old boy in 1998 – after concerns were raised by staff members at Bassett Medical Center in Cooperstown.
They said Cuda had driven his mother from their home on Devereaux Street in Utica more than 40 miles to the hospital in New York’s Southern Tier.
When he arrived at the hospital, police said Cuda told staff that his mother had fallen off of a couch.
At the time, police said a staff member from Office of the Aging helped them determine that the man had pushed her head into the floor over and over again.
The Oneida County District Attorney’s Office says there was insufficient evidence to support the police department’s charge.
Cuda has launched a civil lawsuit accusing the police of false imprisonment, assault, and battery.
"In my years of handling criminal cases, I don't recall ever seeing any criminal charges filed against someone, particularly on a felony level where there has been no supporting deposition from someone to verify the allegations that were made against the individual," Cuda’s attorney - Mark Wolber – told WUTR-TV in Utica.
Cuda is seeking financial compensation through the lawsuit.