A concert pianist said he was violently assaulted in Manhattan over the summer, and claims the district attorney's office refused to bring felony charges against his alleged attacker.
Graphic surveillance video showed the attack on 53-year-old Derek Wieland, a concert pianist, in July 2024 on the Upper West Side following a verbal dispute.
”I was attacked from behind by surprise. Very violently," Wieland told NBC New York in an exclusive interview. "The impact of the sidewalk had a huge amount of force, and then he pinned me down and started punching me repeatedly…He was not able to get the direct hits he wanted on the side of my face, so he pulled my arm back to do that — tearing my rotator cuff. He was also able to land some very direct punches that caused skull damage, internal bleeding in my right ear."
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Police would charge 21-year-old Emerson Ionita, the son of a friend of Wieland’s with misdemeanor charges. The professional musician was left shocked Ionita would not face felony charges.
"I feel the attack was very deliberate," he said.
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Wieland says the after he called 911, there was a second assault by Ionita several minutes later, one he called "particularly brutal."
"It was again at full speed and caused hip fractures, head impact," Wieland told News 4.
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Even though he never fought back, Wieland said he was arrested and charged with misdemeanor assault. He was handcuffed for a couple of hours at the 24th precinct before being taken to the hospital, where he stayed for eight days.
"I’ll never regain the use of my right shoulder. The tendons are damaged. There was multiple damage to the skull," said Wieland.
The criminal charges against Wieland were eventually dismissed, but he says he had to pay thousands of dollars for a defense attorney. He was out of work for months, and said he only recently has been able to play the piano again.
Ionita’s attorney told NBC New York that the video "doesn’t tell the whole story," adding that "Wieland’s team tried to shake this kid down and were willing to drop the case” — something the musician denies.
Wieland told News 4 he heard nothing from the Manhattan DA’s office. His attorney recently told him Ionita will be able to plead guilty Wednesday to a single misdemeanor. If he finishes an anger management course, he will end up with only a violation.
"I think a violation is something that doesn’t appear on your record, and for a victim of violence, that’s another trauma," said Wieland. "It says what happened to me is trivial. What happened to me doesn’t matter."
As a result of the lack of charges filed against his alleged attacker, Wieland said of the Manhattan DA's office that "anybody living in NYC right now would have a right to be enormously frustrated, enormously angry, almost hopeless what can be done for you … I believe in NYC you are unheard.”
The Manhattan DA’s office told NBC New York in part that they conducted a careful and thorough investigation and there wasn’t enough evidence to bring a felony assault case. They added the incident was not a random assault, and the defendant is a 21-year-old college student with no criminal record and any "conclusion to this case will take into account all of these facts.”