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Man Shot By Police In Marcus Garvey Park Hit With Multiple Charges

NEW YORK (CBSNewYork) -- A suspect who was shot and wounded by a police officer during a struggle in Marcus Garvey Park was hit with multiple charges Friday.

Daniel Cabrera, 28, of White Plains, was charged Friday with assault on a police officer, menacing a police officer, resisting arrest, and obstructing governmental administration.

Around 1:30 p.m. Thursday, a uniformed officer was on patrol in the park, at 120th Street and Fifth Avenue, when he shot Cabrera following a struggle, CBS 2's Alice Gainer reported. The officer was on patrol of the park due to complaints of drug activity, police said.

"As (the officer) was walking up the footpath toward the top of the park, he's accosted by a male and there's a struggle," a police spokesman said.

A police news release said the suspect "suddenly attacked him."

Sources told CBS 2 the officer spotted two men with some sort of bag, when he was approached by a third man identified as Cabrera.

A witness sitting nearby, who asked not to be identified by CBS 2, said he saw what happened.

"The officer was telling him 'get back, get back,' and the guy put his hands toward the officer and then the officer push him back and then mace him, about twice he mace him," the witness said.

Police confirmed that the officer, an eight-year veteran of the force, used pepper spray on the man.

The witness watching nearby said the officer then went to handcuff the man, who appeared shaky on his feet, on the ground.

"The officer put his knee in his back and said, 'Are you f***ing kidding me?'" the witness said.

But as the officer tried to arrest the man, a struggle ensued, police said. Police said the suspect "violently resisted and attempted to attack the officer once again."

"But when the guy got up, the shackles went on the side and the officer pulled his gun and shot him right in his chest here," the witness said.

The witness said he didn't see the man strike the officer, but police said the man punched the officer in the face at some point during the struggle.

Sources said the officer saw Cabrera go for his waistband as if reaching for a weapon, but he did not actually have one.

Sources said Cabrera has a history of mental illness and a criminal rap sheet.

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