Incidents

Buffalo Police Department

    Incident 262

    Date May 01, 2024
    Department Buffalo Police Department
    Officers Kimberly L. Beaty
    Description

    Individuals organized outside of Hochstetter Hall at UB's North Campus to call for a ceasefire to the genocide in Gaza and for the University at Buffalo and the UB Foundation to divest from Israel. Specifically, SUNY Boycott, Divest, Sanction (BDS) “wants financial divestment of all stocks, funds, partnerships, endowments and other monetary instruments from companies complicit in human rights abuse in Palestine, an academic boycott of Israeli institutions and universities, and they demand financial investments into education on Palestinian culture, literature, social movements, history and diaspora.”

    After arriving at Capen Hall, protesters began setting up tents in the lawn next to Hochstetter Hall. An officer speaking through a loudspeaker ordered the protesters to disassemble those tents and place them on a nearby sidewalk within 20 minutes or face arrest. They cited a university policy from 2020 that “prohibits indoor and outdoor encampments” and “overnight assemblies.” Three students driving a U-Haul van with additional wooden pallets for the encampment were ordered to drive away from the crowd.

    In response to the order to break up the camp, protesters booed the officers, shouting that UB was “our school” and that they were “legally allowed to remain for 12 hours.” The protesters still complied with the police order and removed their tents, transitioning to a sit-in.

    At 8 p.m., police ordered the protesters gathered outside of Hochstetter to disperse before 8:22 p.m. or face arrest. Shortly after, University Campus Police, New York State Police, Erie County Sheriff Deputies, Buffalo Police, Amherst Police, Kenmore Police, both town and city Tonawanda Police agencies descended on the encampment specifically targeting Muslim students who were wrapping up prayers. A UB spokesperson said that UB requested the outside officers come “as a precaution” and to “provide UPD with additional support if needed.”

    Most protesters remained in place with locked arms as police closed in, chanting “free Palestine” and “end genocide.” Others were arrested and placed into marked police cars or onto a UB Stampede bus. Police chased the crowd toward Mary Talbert Way, continuing to make arrests. Multiple officers tackled protesters. One officer was filmed pushing a demonstrator’s face into the ground.

    There was a ratio of at least 2:1 cop:protestor. A female student's hijab was unraveled as she was forcibly restrained. One protestor's head was slammed into a door and had to be treated at the hospital for his injuries. A 67 year old man also had to be treated at the hospital for an injury to his arm.

    One non-UPD officer pushed a Spectrum editor attempting to film the arrests and told him to "get the f—k out of here." When the editor identified himself as media, the officer said, "I don't care."

    A small number of protesters briefly barricaded themselves in Capen Hall, which houses many of UB’s administrative offices. A Stampede bus carrying roughly 10 detained protesters left campus around 9 p.m. The protesters inside could be heard chanting “free Palestine” as the bus drove by Hochstetter. After protesters had largely dispersed, police returned to the site of the attempted encampment and Founders Plaza. They confiscated belongings left at the site.

    UB claims 15 arrests were made. Protest organizers said that the actual number is 18. According to UB, the charges that were filed included:

    • Loitering

    • Trespass

    • Disorderly conduct

    • Resisting arrest

    Those arrested were released on appearance tickets to appear in Amherst Town Court at a later date.

    Though there were no announced counter-protests, some Jewish Student Union members laughed at the pro-Palestine demonstrators. One did push-ups next to the protest. While police were arresting demonstrators, two individuals held up an Israeli flag. One shouted, “F—k those terrorists.”

    One UB student said: "I feel like what they teach us in the class, and what they've taught us our whole lives about how we have freedom of speech, how we're in a democracy, just went out the window. We are out here trying to exercise our rights and those rights are being violated. It makes me feel angry against the president because I'm genuinely wondering, 'Where are you?' Your students are being violently arrested."

    Another student said: "I'm hoping that at some point UB divests, I hope at some point that we see some change, but this is the situation right now and we have to fight somehow."

    Address Amherst, NY
     

    Incident 229

    Date Feb 24, 2024
    Department Buffalo Police Department
    Officers Joshua Slupinski , Andrew Lewis
    Description

    Buffalo Police Officers Joshua Slupinski and Andrew Lewis fired 20 rounds at Edward Holmes, hitting him twice after Holmes attempted to discharge a round and then lowered his 12-gauge shotgun. Officers told Holmes to put down the gun several times, but no other de-escalation tactics were used. The shotgun malfunctioned when Holmes tried to fire a round, becoming jammed in the receiver. It is believed that this is what led Holmes to lift the gun at a 45-degree angle in an attempt to clear the obstruction.

    Holmes, who died at the scene, just minutes earlier had phoned the Ferry-Fillmore District police station just moments earlier from his cellphone to report an armed individual in the roadway.

    Outcome

    Both officers were been put on administrative leave. No other publicly available information has been released regarding disciplinary action.

    Address Reed Street
    Buffalo, NY
     

    Incident 223

    Date Sep 23, 2023
    Department Buffalo Police Department
    Officers Kereem Johnson , Tyler Baxter
    Description

    Police officers responded to a call regarding an attempted suicide on Tonawanda St. Jon Battison, a 36-year-old man, was observed with a long pellet gun aimed at his own head. He never directed it towards the police.

    Battison asked the officers whether they were going to shoot him given that he was holding a gun to his own head. Subsequently, the officers shouted at Battison to lower the pellet gun, and no further efforts at deescalation were undertaken.

    One officer declared an intent to shoot. "OK," responded Battison, maintaining the pellet gun pointed at his own head.

    Outcome

    Battison was taken by ambulance to Erie County Medical Center, where he was listed in critical but stable condition and was held in police custody, with charges on criminal possession of weapons.

    The officer was temporarily placed on administrative leave and faced no charges.

    Address Tonawanda St
    Buffalo, NY
     

    Incident 238

    Date Aug 29, 2023
    Time 10:30 AM
    Department Buffalo Police Department
    Description

    A 30-year-old man was allegedly attempting to leave a CVS store with items he didn't pay for. An off-duty Buffalo Police officer working as the store security guard shot the man, hitting him in the hand. He was transported to ECMC for what according to police were non-life-threatening injuries.

    Outcome

    No publicly available information has been released regarding disciplinary action.

    Address Elmwood Ave
    Buffalo, NY
     

    Incident 244

    Date Mar 19, 2023
    Department Buffalo Police Department
    Description

    Buffalo Police Officer's recklessly left a sniper rifle on a tripod unattended at the edge of a rooftop overlooking a St. Patrick's Day Parade, and it fell to the street after an alleged gust of wind. The rifle fell within feet of parade spectators. It was then secured by another officer and removed from the scene.

    Outcome

    Buffalo Police confirmed the incident saying it did happen, and that Internal Affairs will look into the matter. No other information regarding disciplinary action has been publicly released.

    Address Delaware Avenue near Allen Street
    Buffalo, NY
     

    Incident 222

    Date Mar 05, 2023
    Department Buffalo Police Department
    Officers James R. Mcandrew
    Description

    Buffalo Police Officer James McAndrew grabbed a 32-year-old man and shoved him into the side of a staircase, damaging the railings. McAndrew also pushed a woman who tried to get between him and the other man.

    Outcome

    McAndrew was arrested and temporarily suspended by the department without pay. He pled not guilty and was released on his own recognizance, according to court records. He was charged with two misdemeanors – fourth-degree criminal mischief and second-degree trespassing – as well as second-degree harassment.

    Address Weyand Avenue
    Buffalo, NY
     

    Incident 243

    Date Sep 21, 2022
    Time 08:20 AM
    Department Buffalo Police Department
    Officers James R. Kaska
    Description

    James R. Kaska, a retired Buffalo police detective hid inside a woman's vehicle that was parked in a driveway. He then confronted the woman inside the car and as she tried to leave he pushed her back in the car, hit her arm, and held her wrists. He also took her cellphone away as she tried to call 911. Police had previously asked Kaska to leave the home following a domestic incident.

    Outcome

    The Hamburg police department investigated the case. Kaska was charged with multiple misdemeanors related to the domestic violence incident. He was arraigned on charges of second-degree menacing, fourth-degree criminal mischief and second-degree harassment before Hamburg Town Court Justice Carl W. Morgan.

    Address Hamburg, NY
     

    Incident 221

    Date May 02, 2022
    Department Buffalo Police Department
    Officers Amber M. Beyer , John F. Beyer
    Description

    13 days before a white supremacist lynched ten Black people in a predominantly Black neighborhood in Buffalo, Police Captain and head the Behavioral Health Team, Amber Beyer read aloud a Facebook post by a resident with a mental illness that the behavioral team was going to check on. In the post, the resident freely used a racial slur that targets Black people. Beyer yelled out the word as she read the post to members of her team,

    In her racist rant, Beyer said Black cops were more likely to cheat on their wives than white cops and she’d be suspicious if she saw a Black man in her neighborhood. She claimed white police officers suffered post-traumatic stress disorder from working in Black neighborhoods, but Black officers did not, because they were more accustomed to violent crime. Beyer told Black officers they should try to understand how the criminality of Black people justified some racism. Beyer offered these opinions on May 2 in the Behavioral Health Team’s office in police headquarters on Court Street.

    Captain Beyer did not apologize and said she had just been repeating what her husband, a patrol lieutenant, had stated.

    Outcome

    A lawsuit was filed in federal court by two Buffalo police officers and a civilian mental health clinician. The civil rights complaint is still being litigated.

    Beyer was put on a 30-day unpaid suspension. She no longer heads the Behavioral Health Team and has been reassigned.

    The Behavioral Health Team pairs police officers with mental health clinicians to respond to calls regarding people having mental health crises.

    Address Court St
    Buffalo, NY
     

    Incident 220

    Date Mar 14, 2022
    Time 04:45 AM
    Department Buffalo Police Department
    Officers Philip I. Edwards , Michael Ramos
    Description

    30-year-old Dominique Thomas experienced a mental health crisis and was shot by two Buffalo police officers multiple times outside his apartment building on Hertel Avenue.

    Address Hertel Avenue
    Buffalo, NY
     

    Incident 247

    Date Aug 24, 2021
    Time 03:45 AM
    Department Buffalo Police Department
    Description

    One woman was killed and others were injured in a high speed pursuit initiated by Buffalo Police that ended in a crash. Authorities say patrol officers began pursuing a suspicious vehicle at 3:45 a.m. near Sycamore and Fillmore avenues. The vehicle was traveling south on Bailey Avenue at an apparent high rate of speed, police say, when it allegedly ran a red light and was hit by another vehicle.

    A female passenger in the vehicle was declared deceased at the scene.

    Outcome

    The Buffalo Police Department Internal Affairs Division and the Accident Investigation Unit investigated the incident. No publicly available information regarding the outcome of the investigation or disciplinary action has been released.

    Address Sycamore Avenue near Fillmore Avenue
    Buffalo, NY
     

    Incident 32

    Date Sep 28, 2020
    Department Buffalo Police Department
    Officers John M. Davidson , Andrew T. Moffett , Mark D. Ambellan
    Description

    Buffalo Police Officers John Davidson and Andrew Moffett were suspended for making false statements following a drug arrest. The statements formed the basis for the false arrest of Morgan Eaton on charges of possession of 30 grams of cocaine with intent to distribute. The alleged cocaine was his fiance's medicine. All field and laboratory tests on the pills proved that the pills were not cocaine.

    Address Strauss Street
    Buffalo, NY
     

    Incident 39

    Date Sep 12, 2020
    Department Buffalo Police Department
    Officers Karl B. Schultz
    Description

    Willie Henley was shot in the abdomen by Buffalo police. "Put your bat down," calls out one officer with a gun pointed at Henley. "Nobody wants to hurt you." Henley, who continues to try to walk away from the group of more than half a dozen officers, some of whom have weapons drawn, responds, "I didn’t call y'all! I wasn’t doing nothing. I was by myself." Henley was known for carrying his baseball bat wherever he went, slept with it on street corners at night, and lined up for meals every day with it at the Buffalo City Mission. Those who regularly interacted with him described him as "very quiet, very peaceful."

    Address Buffalo, NY
     

    Incident 264

    Date Sep 07, 2020
    Department Buffalo Police Department
    Officers Kevin Biggs
    Description

    On September 7, 2020 Alexis Rivera was shot while on Wyoming Ave. He subsequently spent several days at ECMC. When Buffalo Police responded to the scene of the shooting, Rivera’s vehicle was impounded. It was eventually searched, and inside, police say they found approximately 13 ounces of cocaine.

    Later, prosecutors say Kevin Biggs, former Buffalo Police Detective donned police attire and falsely presented himself as an officer, entered the impound lot on Dart St. in order to obtain the vehicle. During that time, the Erie County District Attorney’s Office said Biggs provided forged paperwork while trying to acquire it.

    Prosecutors also said that Biggs entered the Buffalo police garage on Seneca St. two additional times, but did not have permission to be there. During one occasion, they say he had bolt cutters.

    Rivera was accused of going to the police garage with the same falsified paperwork allegedly used by Biggs after Biggs left on one of those days.

    Outcome

    Kevin Biggs, 51, the former detective who also served as an East Aurora village trustee, faced charges of criminal trespassing, criminal possession of a forged instrument, criminal impersonation and possession of burglar tools.

    Alexis Rivera, 25, was charged with criminal possession of a controlled substance in the first and seventh degrees, criminal use of drug paraphernalia and two counts of forgery.

    After their arraignments, Biggs left on his own recognizance, but Rivera had to post $75,000 bail. Biggs’ charges were non-qualifying offenses for bail.

    Address Buffalo, NY
     

    Incident 42

    Date Sep 03, 2020
    Department Buffalo Police Department
    Officers Richard N. Hy
    Description

    An off-duty police officer, Richard Hy, hit and subded a Black man having a mental health crisis until other police arrived. No charges were filed and Hy was not suspended.

    Address Buffalo, NY
     

    Incident 30

    Date Sep 01, 2020
    Department Buffalo Police Department
    Officers Marcus Rogowski
    Description

    Buffalo police order Black woman not to walk on same side of the street as white men

    Address Hertel Ave
    Buffalo, NY
     

    Incident 248

    Date Aug 28, 2020
    Department Buffalo Police Department
    Description

    Buffalo Police sit in their cars looking around clueless while a pair of armed white supremacists block traffic shouting racial slurs.

    Address Hertel Avenue
    Buffalo, NY
     

    Incident 34

    Date Jun 28, 2020
    Department Buffalo Police Department
    Officers Michael A. Delong
    Description

    CW: Lieutenant Michael DeLong, was suspended after being videotaped directing a vile, misogynist insult at a woman outside a convenience store. DeLong called the woman a “disrespectful little fucking cunt” when she questioned how police were handling a man in distress outside the store who has a history of drug and mental health issues. The woman taking the video was upset about the size of the police response to the scene. DeLong was suspended the day after the June 28 incident for 30 days without pay for his insult, then, under state law, was returned to the payroll while remaining under suspension. He was paid about $63,000 while awaiting an arbitration hearing in which the city was expected to ask that DeLong be further disciplined or fired.

    Address Connecticut Street
    Buffalo, NY
     

    Incident 249

    Date Jun 08, 2020
    Department Buffalo Police Department
    Description

    The Buffalo Police Commissioner suspended Robert Marth, a man who worked as police dispatcher. The suspension came after Marth made the following comments on FaceBook: "Enough is enough !!! What is going on is uncalled for.. FUCKEN WILD ANIMALS ... and what do you do to an animal that's rabid out of control you take it out !! Mayor stop being a patsy to these fucks and give the order !!! Allow the officers to shoot to kill!!"

    Address Buffalo, NY
     

    Incident 33

    Date Jun 04, 2020
    Department Buffalo Police Department
    Officers Aaron M. Torgalski , Robert J. Mccabe Iii , John Losi
    Description

    CW: While at a Black Lives Matter protest, 75-year old peace activist Martin Gugino approached a line of riot police stopping in front of the them to talk, one officer yelled “push him back”; one officer pushed his arm into Gugino’s chest, while another extended his baton toward him with both hands. Gugino feel backward, with blood immediately leaking from his right ear. An officer leaned down to examine him, but another officer then pulled the first officer away. Several other officers walked by Gugino, motionless on the ground, without checking on him.

    Outcome

    The two officers were immediately suspended by Buffalo Police Commissioner Byron Lockwood. An Internal Affairs investigation was completed. The District Attorney's office of John Flynn charged the two officers that pushed Gugino with felony assault. However, a grand jury chose not to indict. Martin is continuing to litigate a civil suit against the City of Buffalo.

    Address Buffalo, NY
     

    Incident 250

    Date Jun 01, 2020
    Department Buffalo Police Department
    Description

    Buffalo Police and National Guard swarm in to beat and arrest some people. After firing tear gas and obstructing the view, they then run away as an SUV drives through them and hits at least one officer.

    Address Bailey Avenue
    Buffalo, NY