DNA and criminal record ruled enough probable cause for Brooklyn man’s arrest
A Brooklyn man who was arrested, charged and acquitted of burglary has been prevented from following through with his suit against the city for false arrest and malicious prosecution.
Given the defendant’s past criminal record and DNA evidence found at the scene of the crime, the police had probable cause to arrest and the prosecutor authority to prosecute a Brooklyn federal judge ruled.
Kevin Thompson was arrested in 2010 in connection with the burglary of an apartment building on Underhill Avenue near Prospect Park. A baseball cap left on the scene contained DNA evidence from an unknown source. Investigators revealed that the cap did not belong to any of the apartment’s residents. A DNA analysis was conducted and indicated that the DNA profile matched defendant Kevin Thompson.
NYPD officers began looking into Thompson’s background and learned that Thompson had a past record of a number of theft-related offenses. In addition, Thompson’s last known address was less than 300 feet away from the victim’s Underhill Avenue apartment. Thompson was arrested and charged but a jury ultimately found him innocent of charges against him.