On December 18th, 2005 early in the morning, the victim was hailing a cab with his crutch. He had recently undergone knee surgery. Officer Wasylyshen and some colleagues were off-duty and drinking, and had just gotten out of a cab. Wasylyshen noticed the individual and started to verbally attack him (calling him a "cripple"). In return the victim yelled back. Wasylyshen approached the victim and struck him with a closed fist in the left ear. Wasylyshen's friends held him back after this. The victim then called two friends, who arrived shortly after. The group of three crossed the street. Wasylyshen followed them, there was a violent exchange between Wasylyshen and the victim's two friends, in which the friends pinned the police officer to the ground. At this point two loss prevention officers from a 7-11 decided to get involved. While they were separating the group, Wasylyshen uttered threats to the officers and struck one of them.