Judge Joseph Fiorella made that decision Friday afternoon.
Officer Robert Eloff declined to answer any questions by invoking his fifth amendment rights.
Meanwhile, Officer Adam O'Shei says he saw Basil shove Bill Sager, Jr. down a flight of stairs at Molly's Pub nearly two weeks ago. O'Shei says he helped move Sager so he would not be in danger, and saw Sager was unresponsive. He adds Basil screamed Sager assaulted him and wanted the airman arrested, and Sager was handcuffed.
O'Shei told Eloff to take the cuffs off Sager, and says Eloff did so before emergency crews arrived. O'Shei says Basil was drunk but could not tell if Sager was, and says the incident occurred quickly. He denied making a statement in a captain's report saying Sager was drunk and starting trouble.
Basil is charged with assault.