Incidents

Rochester Police Officer William Mason stopped the victims car after allegedly noticing that a taillight was out. Officer Mason and his partner entered their patrol car, sped up and stopped the vehicle. After issuing two appearance traffic tickets to defendant, one for a violation of Rochester's excessive vehicle sound ordinance, Mason asked the defendant to exit his car and sit in the back of his patrol car while defendant's car was searched and towed. Defendant was not under custodial arrest at that time, and the officer had no intention of taking defendant into custody. Rather, Officer Mason concluded that he was required to tow defendant's car because Rochester's City Code mandates the impoundment of a vehicle when its driver is cited for violating the city's excessive vehicle sound ordinance. Before it was towed, Officer Mason and his partner conducted an inventory search of defendant's car. During the inventory search, the police found a loaded shotgun and extra ammunition in the trunk of defendant's car. Defendant was then arrested, taken into custody, and charged with the prohibited possession of a firearm

Outcome

The impoundment and concomitant search of defendant's automobile, conducted without probable cause or a constitutionally permissible community caretaking purpose, violated the New York State and United States Constitutions. Rochester City Code is unconstitutional insofar as it authorized the impoundment of defendant's automobile in this case. The evidence seized as a result of the unlawful seizure and search of defendant's must therefore be suppressed.

Andrew Mackenzie shot victim after the man allegedly resisted arrest

Involved in event without description regarding "Information Regarding Crime"

Outcome

Reprimand

Several RPD officers allegedly approached victim with their guns drawn. Malley told him to get on the ground. Two officers allegedly jumped victim, wrestled him to the ground, and bashed his head. The officers allegedly placed victim in a police car with handcuffs so tight his wrists bled and his hands swelled. When victim filed a complaint with PSS, Sgt. Malley was the officer put in charge of the investigation, even though he was the commanding officer who ordered the assault on Davis.

Outcome

After two years, victim’s complaint was determined to be unfounded.

According to legal documents, RPD Officer Donald Flood arrested a man who was standing on the sidewalk holding a sign that said "Homeless. Hungry. Please Help." The man was simply standing silently on the sidewalk. The arrest was made for violating Rochester's Aggressive Panhandling Act (passed in 2004).

Outcome

The arrest was found to be unconstitutional by judge

According to city disciplinary records Officer Goulay was suspended for a day for failure to operate fleet vehicle in a safe manner, the fourth time in 36 months

Outcome

Suspended without pay for one day

According to D&C, officer Mark Simmons responded to a call that Lashedica Mason was threatening to hurt herself, and ended up shooting Mason three times. Simmons said Mason charged at him with a knife; Mason's family members said she didn't have a knife. then-Sergeant Jeffrey Koehn wrote in Simmons' 2005 yearly appraisal, “His assessment of the threat and his decision to use deadly physical force was correct.”

Outcome

After an internal investigation, Simmons was cleared.

Officers verbally harassed civilian child. Officers threw civilian to the ground, kicked him and pepper-sprayed him. Both children were treated at the hospital. The family was then stalked and harassed by RPD officers.

Outcome

filed a civil rights claim and the family received monetary compensation.

An individual called police for help removing a tenant allegedly stealing from her, was told she needed to evict the tenant, she became agitated and was cuffed, pepper sprayed, and placed under a mental hygiene arrest.

Outcome

No report in disciplinary records, lawsuit filed, unsure of outcome

Officer Camilo was charged with various failures related to performing his regular duties in a competent matter including failure to place a suspect's weapon on an evidence intake form, failure to utilize proper equipment, failure to bring necessary equipment to a scene, leaving a suspect's handgun unattended and unsecured in the Technician's Unit overnight, and under subpoena failing to report to the New York State Supreme Court at the appointed time to give testimony.

Outcome

Letter of reprimand

in court case file, victim alleges improper or illegal police conduct in approaching, attempting to stop, and in pursuing and arresting

Outcome

no discipline

(Fourth) avoidable fleet accident

According to complainant's hand-written letter, complainant was verbally abused, wrongfully arrested, and taken into custody with a loaded handgun. Complainant alleges officer reported other false allegations against the complainant.

Outcome

A letter of reprimand was filed against Mark Allen

According to Davy V Blog and other sources, Officer Simmons responded to a call from family members to assist with a 13 year old threatening suicide. He shot the child in the pelvis three times, claiming self defense.

Outcome

Acting Police Chief Cedric Alexander said victim "acted in an appropriate manner, "The way he was trained to act." He was not disciplined.

According to City misconduct databse, Costello was involved fleet vehicle accident ; 3rd avoidable accident

Outcome

suspended 2 days without pay , removal of 16.5 hrs from comp bank

According to RPD Misconduct Database, Coniglio was involved in an avoidable fleet vehicle accident.

Outcome

letter of reprimand

(Third) Avoidable car accident

Outcome

Reprimand

According to court documents, RPD officer DiVincenzo used profane language against and then physically slapped an individual while he was handcuffed and being identified at the Police Records counter. The incident was reported by a civilian employee on 01-11-2001.

Outcome

John DiVincenzo pleaded guilty to inappropriate use of force and failing to properly report the event. The officer was sentenced to 5 days suspension without pay and remedial training.

RPD Officer (now Lieutenant) David Gebhardt shot and killed an unarmed Jamaican father of three young children as he was sitting on a couch. According to D&C, "Gebhardt said he tripped or stumbled and his shotgun accidentally discharged".

Outcome

Gebhardt was cleared of all wrongdoing by the Civilian Review Board.

Use of improper tactics according to City of Rochester RPD Misconduct database.

Outcome

suspension