t, could not be reached for comment.

His lawyer, Peter Brill, in an attempt to minimize the penalty against Espinal, argued that the incident did not constitute domestic violence because Espinal does not live with the aunt.

But NYPD Judge Vanessa Facio-Lince disagreed, found Espinal guilty of the charges against him, and recommended he be fired.

Brill noted that the aunt did not testify at the departmental trial and that the judge relied on her previous statements.

 It used to be that if you had an absent complainant, unless the case was 100% cut and dry, more weight would be given to the respondent officer than the person who chose not to show up because you can't cross examine them.  Brill said.  Lately, they seem to be giving a lot of weight to the person who you can't question. 

The criminal case against Espinal was eventually dismissed.