NEW ROCHELLE, NY -- David Nieves, 36, of 45 May Street in New Rochelle has now been charged criminally by both the Westchester County Police and the New Rochelle Police after an incident on June 10 where his three-year old son fell from his apartment window. Nieves told police he was in the bathroom when the child climbed out the window and fell onto a paved ramp more than 25 feet below.
On June 10, Nieves was charged with Criminal Contempt 2nd Degree, a misdemeanor, for allegedly violating a court order that he have no contact with two people under a Westchester County Family Court-issued Order of Protection.
Nieves’ arrest came after Child Protective Services requested Westchester County police to respond to a room at Westchester Medical Center in Valhalla, NY. Nieves son was recuperating in the room following the fall earlier that day.
“The law prohibits me from identifying the persons named in that order,” said Westchester County Police Department Spokesperson Kieran O’Leary. “Nieves was in the presence of two people that he was barred from having any contact under the court order.”
Talk of the Sound knows the persons to be the three-year old toddler and Nieves partner who is the mother of Nieves child.
O’Leary did not have court or bail information on the case but Talk of the Sound knows that Nieves was released after he was charged by the WCPD but barred from seeing his son.
On June 18, New Rochelle police re-arrested Nieves. He was charged with Criminal Contempt 2nd Degree for violating a court order and a new charged, acting in a manner injurious to a child less than 17 (Endangering the Welfare of a Child), a Class A misdemeanor.