Incidents

    Incident 26

    Date Nov 28, 2012
    Time 08:54 PM
    Department Buffalo Police Department
    Officers Michael J. Anderson , Robert M. States , Matthew Cross , Daniel Derenda
    Description

    In 2012, Richard A. Metcalf Jr. died from strangulation when jail guards at the Erie County Holding Center secured a spit mask around his neck, leading to suffocation while he was restrained and left face down on a stretcher with the mask and a pillowcase covering his head. Metcalf, aged 35, was transported to Erie County Medical Center and taken off life support after two days.

    Outcome

    In a civil suit filed by Metcalf’s father, Erie County could have settled over the death of Richard A. Metcalf Jr. for $17 million, but instead took the case to a trial. The trial ended with a jury’s $95 million judgment against the county – the largest known civil verdict ever against the county. Before the lawsuit filed by Metcalf’s father went to trial, the county had already spent $900,000 on legal bills related to the case. Toth said he expects legal costs for defending the county through the trial to total around $2 million.

    County Attorney Jeremy Toth called the jury’s decision “inexplicable” and the county would argue the court for a reduced settlement. After arguing for a reduced settlement, a state judge has cut the damages award for the murder of Richard A. Metcalf Jr. from $100 million to $20 million. Acting State Supreme Court Justice Mark J. Grisanti reduced the jury's April award after attorneys for the county and five current and former jail deputies argued that what the jury granted was "excessive."

    The jury determined the five deputies used excessive force and four of the five were negligent and violated Metcalf’s civil rights by being “deliberately indifferent” to his medical needs. Jurors in the Metcalf case found that the county and five current and former deputies were liable for using excessive force and depriving Metcalf of proper mental and physical medical care. Among the former deputies that were found to have used used excessive force on Metcalf were Matthew Cross and Robert States, who are now current Buffalo Police Officers. Robert Dee was fired in 2022 by the Sheriff’s Office after a series of investigations into unrelated misconduct, including domestic violence charges and improper contact with a woman who was incarcerated. Edward Kawalek and Scott Emerling still work for the Sheriff’s Office.

    Address Delaware Ave
    Buffalo, NY
     

    Incident 120

    Date Oct 06, 2012
    Department Rochester Police Department
    Officers Richard G. Doran
    Description

    Jose Lugo on Facebook. Beaten and taxed three times because he looked strange. Neighbors got involved and they started beating them up too.

    Outcome

    None for the officer.

    Address Rochester, NY
     

    Incident 77

    Date Sep 05, 2012
    Department Rochester Police Department
    Officers Justin R. Collins
    Description

    Involved in drug raid that resulted in killing 3 pit bulls

    Outcome

    Nothing mentioned in article or database. Database shows 2 things since 2014 but no details on this incident.

    Address Rochester, NY
     

    Incident 76

    Date Sep 05, 2012
    Department Rochester Police Department
    Officers Justin R. Collins
    Description

    Officer was allegedly involved in killing 3 pit bulls during a drug raid.

    Outcome

    Nothing mentioned in article or database. Database shows 2 things since 2014 but no details on this incident.

    Address Rochester, NY
     

    Incident 230

    Date Sep 01, 2012
    Department Buffalo Police Department
    Officers Joseph R. Hassett , Daniel Derenda
    Description

    Officer Joseph Hassett maliciously and intentionally assaulted Adam Hamideh without provocation during a September 2012 arrest near 1425 Clinton St.

    Hamideh said he was he was painfully and seriously injured from the repeated blows and also suffered a shock to his nerves and nervous system and may have permanent defects.

    Outcome

    A civil case against the City of Buffalo was settled for $70,000. There has been no information publicly released about disciplinary action against officer Hassett.

    Address Clinton Street
    Buffalo, NY
     

    Incident 43

    Date Aug 10, 2012
    Department Rochester Police Department
    Officers Francisco R. Santiago
    Description

    Two unarmed men were allegedly pursued and shot at by Officer Santiago

    Outcome

    None

    Address Rochester, NY
     

    Incident 191

    Date Jul 27, 2012
    Department Rochester Police Department
    Officers Alex M. Jimenez
    Description

    According to No. 6:12-CV-6655T.REED v. SHEPPARD, officer Jimenez was one of several officers who entered the home of 532 Upper Falls Boulevard and allegedly conducted a warrantless search of a parolee. During the search, officers Cashman discovered a loaded handgun, and arrested the parolee and his girlfriend. The father and brother of the parolee instituted the action seeking money damages based on the warrantless search of the home.

    Outcome

    None, the Court finds that Jimenez is entitled to qualified immunity.

    Address Upper Falls Boulevard
    Rochester, NY
     

    Incident 150

    Date Jul 21, 2012
    Department Rochester Police Department
    Officers Brian D. Flint
    Description

    According to IndyMedia, Officer Briant Flint was among several officers who arrested peaceful protesters on an East Avenue sidewalk. Flint arrested a person on the sidewalk livestreaming the arrests.

    Address East Ave
    Rochester, NY
     

    Incident 137

    Date Jul 21, 2012
    Department Rochester Police Department
    Officers Thomas J. Minurka
    Description

    According to IndyMedia, Officer Thomas Minurka was involved in the arrest of protesters during a Black Lives Matter rally on East Ave.

    Address East Ave near Alexander St
    Rochester, NY
     

    Incident 23

    Date Jun 26, 2012
    Department Montpelier Police Department
    Officers Chad Bean , Kevin Moulton , Wade Cochran
    Description

    Officers responded to a domestic disturbance. While attempting to arrest an individual, Officer Bean used a wrist lock that broke the man's arm. The man died several months later with the Chief Medical Examiner determining the cause of death to be "sepsis due to surgical site infection . . . due to failed fixation of left humerus fracture due to blunt force injury of left arm" and characterized the manner of death as a homicide, stemming from an 'altercation with other(s).'"

    Address Pleasantview Street
    Montpelier, VT
     

    Incident 38

    Date Jun 24, 2012
    Time 03:00 AM
    Department Buffalo Police Department
    Officers Karl B. Schultz , Jason A. Whitenight , Daniel Derenda
    Description

    Wilson Morales was shot by Buffalo police officers after a car chase on the city’s East Side. The bullet that struck Morales, then a 17-year-old student at WNY Maritime Charter School, instantly paralyzed him from the chest down.

    Outcome

    Morales, who is still recuperating, faces trial on charges of assaulting a police officer and unlawfully fleeing from a police officer.

    Buffalo’s Common Council authorized one of the largest lawsuit settlements in the city’s history: $4.5 million to Morales. A grand jury cleared Officer Karl B. Schultz and a partner at the time, Jason R. Whitenight, agreeing they fired in self-defense as the teenager backed the van he was driving toward Whitenight at the tail-end of a high-speed chase.

    Address Buffalo, NY
     

    Incident 101

    Date Jun 21, 2012
    Department Rochester Police Department
    Officers Antonio C. Gonzalez
    Description

    Gonzales was one of seven officers that shot and killed an individual. The man suffered from bipolar disorder and was armed. Some witnesses contradict police reports that the man aimed the gun at the police. The individual had called 911 after claiming he stabbed his mom.

    Outcome

    None of the officers were disciplined. victim sued the RPD but the case was dismissed.

    Address Locust St
    Rochester, NY
     

    Incident 181

    Date Jun 21, 2012
    Department Rochester Police Department
    Officers Brian E. Cala
    Description

    On June 21, 2012, a 20 year-old man was gunned down by 7 officers near his house on Locust St. The civilian suffered from bipolar disorder and called the police on his birthday after he and his mother got into a scuffle. He was clearly suffering, according to witness accounts, and against the pleading of friends and family, the entire team of RPD opened fire and killed him. There was no provocation. One of the officers is Brian Cala.

    Outcome

    None

    Address Locust St near Dewey Ave
    Rochester, NY
     

    Incident 98

    Date May 06, 2012
    Department Rochester Police Department
    Officers Anthony Camilo
    Description

    While attempting to turn around on a marked path in his police vehicle, officer failed to observe a concrete barrier, and struck it, causing damage to the vehicle.

    Outcome

    Letter of Reprimand noting that this was his third avoidable police vehicle accident in 36 months.

    Address Beach Ave
    Rochester, NY
     

    Incident 146

    Date Apr 02, 2012
    Department Rochester Police Department
    Officers Kevin C. Flanagan
    Description

    According to DavyVBlog, RPD Officer Kevin Flanagan, together with RPD Officers Richard Doran and Joel Hasper, drove the wrong way up a one way street, pulled up, and grabbed a man bringing him over to an RPD cruiser. As the civilian's family and neighbors questioned what was going on, the officers became angry and started pepper spraying onlookers (including a pregnant woman and an elderly woman in her 60s) and arrested some of them. They also pepper sprayed the man, tasered him multiple times, and beat him. They confiscated witnesses cell phones as well.

    Outcome

    The man who was arrested and assaulted was charged with resisting arrest and felony assault on a police officer. He was found innocent by a jury in April 2013.

    Address Flower St
    Rochester, NY
     

    Incident 139

    Date Apr 02, 2012
    Department Rochester Police Department
    Officers Benjamin E. Mitchell
    Description

    According to Davy V. Blog, Officer Benjamin Mitchell shoved, pepper-sprayed, and confiscated the phone of a person who was placed under arrest.

    Address Flower St
    Rochester, NY
     

    Incident 151

    Date Dec 09, 2011
    Department Rochester Police Department
    Officers Brian D. Flint
    Description

    Brian Flint was one of six RPD officers who attacked a civilian as he exited a vehicle and complied with a directive to get on the ground according to a civil suit brought by the civilian. The six officers attacked the civilian using hands, batons, and pepper spray. After handcuffing him, officers tasered him while he was on the ground. The man lost his left eye as a result of the beating.

    Outcome

    The man received monetary damages for the civil suit.

    Address Avenue D
    Rochester, NY
     

    Incident 169

    Date Dec 09, 2011
    Department Rochester Police Department
    Officers Christopher W. Kosch
    Description

    According to the initial complaint, "on December 9, 2011, at approximately 1:35 p.m.," [Civilian] got out of his car on Avenue D and started to run from police. Police gave chase and he was ordered to the ground. [Civilian] complied and "laid face down on the ground." As he was complying, several officers, including Christopher Kosch and Nicholas Thomas, proceeded to "brutally attacked by the gathered officers." Each officer assaulted the civilian with their "hands, clubs or batons, cap shun, aerosol mace and/or pepper sprays, without justification or provocation." The complaint continues that the civilian was "also punched, kicked and struck with various objects about his head, face and body. After being handcuffed [civilian] was tasered repeatedly while laying on the ground. Other officer and superivsing officers present at the scene did nothing to stop this assault, use of excessive force and physical brutality."

    Because of the police assault on his body, the civilian "suffered cuts, lacerations, bruises, swelling and pain over his entire body. He also sustained swelling, pain and bleeding from his left eye." The complaint continues, "As a direct result of these circumstances, [civilian] left eye was surgically removed..."

    Outcome

    Right before the trial was to start, the city settled. There are no details as to what the settlement entailed.

    Address Avenue D
    Rochester, NY
     

    Incident 109

    Date Dec 09, 2011
    Department Rochester Police Department
    Officers Jason Cropo
    Description

    According to Indymedia reporting on a lawsuit filed, Jason Cropo was among a group of officers who assaulted a civilian--the man got out of his car and started to run from police. Police ordered him to get on the ground; as he was complying, the officers proceeded to assault him with their "hands, clubs or batons, cap shun, aerosol mace and/or pepper sprays, without justification or provocation." The man was then tasered repeatedly while laying on the ground.

    Outcome

    Civil suit settled with the city--no details as to what the settlement entailed

    Address Avenue D
    Rochester, NY
     

    Incident 97

    Date Oct 26, 2011
    Department Rochester Police Department
    Officers Anthony Camilo
    Description

    During a police investigation, Officer Camilo took possession of items stolen in a robbery. He placed these items on the hood of his police car and drove away. As a result of this action, evidence was lost.

    Outcome

    Letter of reprimand for failure to maintain custody and properly handle evidence.

    Address St Paul St near St Bridgets Dr
    Rochester, NY