Over officer's 10-year career, 31 complaints have been made by residents, other officers

The City of Newark has settled a lawsuit against a police accused of severely beating a man and threatening him with his gun.

At the city's request, the amount of the settlement is confidential.

The agreement cuts short what was likely to be a lengthy trial expected to shine a rare spotlight on the Newark Police Department's procedures for dealing with officers accused of misconduct.

Police Director Joseph Santiago, who formerly headed the department's Internal Affairs Division, was scheduled to testify.

Robert Bianchi, who represented the plaintiff in the case, a part-time truck driver, Edwin Valentin, said the settlement talks were initiated by city on Monday.

"We're satisfied with (the amount of the settlement)," Bianchi said. "I think they considered it in their best interests to settle the case."

He said the parties agreed to the settlement before Superior Court Judge Arthur Minuskin on Monday afternoon.

Valentin said he was beat up by police officer Gary Bootes on a street in the North Ward in late 1994.

He filed a complaint against Bootes with the police department, but Valentin was eventually indicted on a charge of resisting arrest.

His indictment was thrown out by a Superior Court judge.

Valentin filed a lawsuit in 1996, accusing the police department and the city of federal civil rights violations, false arrest and malicious prosecution.

Neither City Corporation Counsel Michell Hoolar-Gregory, nor Kathleen Goger, the assistant corporation counsel representing the city in the case, returned calls seeking comment yesterday.

"We were ready to go forward," said Tony Fusco, a partner in the law firm representing Bootes, who is now a detective in the police department's narcotics squad.

"It was the city, ultimately, that started the settlement. But everybody ultimately agreed. We always thought we had a defendable case from the beginning."

Police department spokesman Sgt. Derek Glenn said Valentin's allegations have not led to any disciplinary action against Bootes by the police department.

"There are no departmental charges pending against Gary Bootes relative to this matter," Glenn said.

On the first and only day of the trial last week, Bianchi said 31 police department complaints had been filed by citizens and other officers against Bootes during his 10-year career.

Some of those complaints, such as Valentin's, were still pending. Valentin filed his complaint five years ago.

The complaints cited by Bianchi also included one by an off-duty Nutley police officer who said he was pistol-whipped by Bootes.

While the amount of the settlement in Valentin's case is confidential for now, all monetary settlements of lawsuits against the city must eventually be approved at public meetings by the Newark City Council.

As of yesterday, a proposed settlement revealing the amount of money to be paid by the city to Valentin has not yet been presented to the council.