Incident
Date | Jun 19, 2021 |
Department | Buffalo Police Department |
Officers | Richard(Rich) N. Hy |
Address | Buffalo, NY |
Incident Description
On June 19, 2021, Detective Richard Hy struck a motorcyclist with his patrol car during an attempted traffic stop. Hy had been following a group of motorcyclists for loud engine revving. When he tried to stop them, they evaded him by running red lights and crossing into oncoming lanes. Eventually, at a red light with no other motorcyclists present, Detective Hy positioned his patrol car ahead of the motorcyclist.
Surveillance and body-worn camera footage captured what happened next: Hy, after briefly deactivating his emergency lights, reversed his patrol car into the stationary motorcycle, causing the motorcyclist and his bike to fall. After striking him, Hy reactivated his emergency lights, exited his vehicle, handcuffed him and began searching him.
Throughout the interaction, Detective Hy was confrontational and discourteous, cursing at the motorcyclist and repeatedly questioning him without first issuing Miranda warnings, even though he was clearly in custody.
Hy’s written report inaccurately stated that the motorcyclist was moving forward and collided with his patrol car; however, Internal Affairs determined that the motorcyclist was stationary when struck. Detective Hy admitted during an internal interview that he reversed deliberately to prevent the motorcyclist from fleeing, although he denied intending to cause a collision.
Official findings regarding Detective Hy’s conduct
-Use of Excessive Force: Backing into a stationary motorcyclist was an unreasonable and excessive use of force under constitutional standards.
-Discourtesy: Detective Hy cursed at and berated Complainant 1, violating department rules.
-Violation of Self-Incrimination Rights: By questioning Complainant 1 without Miranda warnings while he was handcuffed and in custody, Hy violated constitutional protections.
Outcome
Detective Hy was found to have committed misconduct, forfeited 15 vacation days to resolve the disciplinary charges, and the criminal charges against Complainant 1 were later dismissed and sealed.
A lawsuit was filed in state Supreme Court, claiming that Hy intentionally backed his patrol car into the motorcycle at the corner of Delaware Avenue and Edward Street in June 2021. The city settled the lawsuit for $65,000.
Links
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755B Findings
We find that Detective Hy committed misconduct during this incident. - Office of the Attorney General
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Buffalo cop in hot water again
Richard Hy — a.k.a. the “Angry Cop" — is being sued by a motorcyclist who claims the officer intentionally struck his vehicle with his patrol car. - Investigative Post | Geoff Kelly
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Common Council Minutes Approving $65,000 Settlement
Item number #28 - Buffalo Common Council