D.A. Bragg Man Indicted For Pistol-Whipping Vendor, Punching NYPD Officer After Getting Kicked Out of Dave & Busters

December 13, 2022

Manhattan District Attorney Alvin Bragg today announced the indictment of BRIAN MELECIO, 24, for pistol-whipping a street vendor with a loaded gun and punching an NYPD officer after being kicked out of the Times Square Dave & Buster’s. MELECIO is charged in a New York State Supreme Court indictment with two counts of Assault in the Second Degree and two counts of Criminal Possession of a Weapon in the Second Degree.[[1]]

“Times Square is no place for firearms,” said District Attorney Bragg. “As alleged, Brian Melecio brought a loaded gun to a popular place to eat, drink, and have fun – putting employees and all of his fellow patrons in danger. After getting kicked out, we allege he not only pistol-whipped a street vendor, but punched a police officer. We do not tolerate illegal guns or violence against police officers.”

According to court documents and statements made on the record in court, at approximately 11:30 p.m. on November 23, 2022, security guards kicked MELECIO, who was intoxicated, out of the Times Square Dave & Busters. As he exited, MELECIO displayed a loaded gun and made threatening comments. Once on the street, he removed the gun and tapped it on the glass door. After starting an argument with a street vendor outside, MELECIO pistol whipped the street vendor, which was observed by a nearby NYPD officer. When the officer attempted to arrest the defendant, MELECIO punched him in the face. 

Assistant D.A. Kristen Tierney is handling the prosecution of this case under the supervision of Assistant D.A.s Jessica Lynn (Chief of Trial Bureau 50), Kavita Bovell (Deputy Bureau Chief of Trial Bureau 50), Samuel David, (Deputy Bureau Chief of Trial Bureau 50) and Lisa DelPizzo (Chief of the Trial Division).

Defendant Information:


New York, NY


  • Criminal Possession of a Weapon in the Second Degree, a class C felony, two counts
  • Assault in the Second Degree, a class D felony, two counts


[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.