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CBS2 Exclusive: L.I. Man Says Off-Duty NYPD Officer Watched As He Was Beaten Unconscious

MASSAPEQUA PARK, N.Y. (CBSNewYork) -- A Long Island man is suing the NYPD, claiming an off-duty officer allegedly stood by and did nothing during a brutal beating.

The parking lot attack was caught on surveillance video. CBS2's Hazen Sanchez spoke exclusively to the man who was beaten.

Vincent Mosca, 27, who works as a hedge fund analyst, said his life has not been the same since he was beaten outside the Massapequa Park, Long Island bar.

He suffered a traumatic brain injury and needed reconstructive surgery to repair his fractured face.

"That pain -- I don't think I could ever forget about the pain that I felt that night," Mosca said.

Surveillance video from outside The Tap Room bar on Park Boulevard allegedly showed Ian Walsh kicking Mosca in the face and then continuing to pummel and kick him as he lay helpless on the ground.

Mosca said off-duty NYPD Officer Francesco Colavito flashed his police badge and then watched.

"Then he said: 'I'm with the NYPD. You're not going anywhere,'" Mosca said. "And that was the last thing I remember before getting hit and attacked; knocked out unconscious."

So what started the fight? Mosca said one of the two men, whom he knew from high school, falsely accused him of texting his girlfriend.

Sensing tension, Mosca decided to leave the bar after just one drink. Walsh and Colavito allegedly followed.

"I think the worst part is besides being attacked and brutally kicked and punched and everything else, was seeing the individuals -- both individuals -- going back into the bar, celebrating, having shots with one another and all their group of friends, and then they proceed to come outside again a second time, and they're just staring over me, standing over my body, making fun of me," Mosca said.

No one ever called police. Mosca filed a report with Nassau County police two days later.

Mosca said the Nassau County District Attorney's office failed him. Despite having the surveillance video, the DA only charged Walsh with misdemeanor assault and never charged Colavito with anything.

"What kind of message does that send for the District Attorney's office, that we're going to condone this behavior?" said Mosca's attorney, Mark Freund.

Mosca is filing a civil lawsuit against Walsh and Colavito for his pain and suffering, and is also suing the NYPD for not taking immediate action against Colavito last year when police saw the surveillance video.

The NYPD had placed Colavito on modified assignment, with the department telling CBS2 on Thursday that he was fired last week.

"They need to train their employees much better, because this is unacceptable," Mosca said. "And it's just something that I wouldn't wish upon my worst enemy."

Mosca said he has a long road to recovery, but is just grateful he survived.

The Nassau DA's office said there was not sufficient evidence to prove criminal conduct by Colavito beyond a reasonable doubt. Walsh pleaded guilty to misdemeanor assault and was sentenced to three years' probation.

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