Incidents

Buffalo Police Department

    Incident 227

    Date May 30, 2020
    Department Buffalo Police Department
    Officers Scott H. Becker
    Description

    Police fired pepper balls at freelance photographer Andrew Jasiura and an officer tried to grab his camera while he was reporting on protests in Buffalo, New York, on May 30, 2020.

    Police began to attempt to clear the square by firing nonlethal projectiles and advancing in a line. One officer asked Jasiura why he was taking pictures, and Jasiura said he pointed to his bright yellow vest that said “PRESS” in English and Cantonese (Jasiura had previously covered demonstrations in Hong Kong).

    The photographer subsequently tried to come to the aid of a black man who had been hit with mace and pepper balls. “He was just pouring mucus out of his face, out of his nose, his mouth, his eyes. His whole face was red,” Jasiura said. Jasiura tried to wash the protester’s eyes out with saline spray, at which point officers shot pepper balls at him, even though his press vest was clearly visible.

    Address Niagara Street
    Buffalo, NY
     

    Incident 25

    Date May 10, 2020
    Department Buffalo Police Department
    Officers Ronald J. Ammerman , Michael C. Scheu , Byron C. Lockwood , John M. Davidson , Russell R. Sullivan
    Description

    CW: Quentin Suttles sustained serious personal injuries when Buffalo Police Officers used excessive force and brutally beat Mr. Suttles after pulling him over and arresting him.

    Address Buffalo, NY
     

    Incident 239

    Date Mar 25, 2020
    Department Buffalo Police Department
    Officers Kevin J. Murphy , Courtney A. Sumbrum , Joseph D. Mccarthy , Andrew Ferrentino , Edward L. Byrd , Samantha Negron
    Description

    Officer Kevin Murphy arrested Lakisha Neal, 42, on March 25, 2020. Body camera footage shows Murphy grabbing Neal, cursing and twice spraying her with pepper spray while other officers do nothing to intervene other than telling Neal to cooperate.

    “Get in the car or get sprayed!” Murphy demands after grabbing Neal by the arm and forcing her to a patrol car. Murphy deploys pepper spray after Neal says she’s pregnant.

    “Will y’all listen to me?” Neal asked seconds before Murphy sprayed her. As tears from the first spraying run down Neal’s face, Murphy sprayed again after Neal tells him that she can’t breathe.

    Neal was arrested and charged with making a false report, obstruction, reckless endangerment and resisting arrest.

    Outcome

    All charges against Neal were dismissed.

    Officer Murphy was terminated from his role as a police officer. An arbitrator upheld the Buffalo Police Department's firing of Murphy for excessive force and falsely stating that Neal had admitted telling a dispatcher that a gun was at the address. The arbitrator found that Murphy knew that Neal didn’t have a gun and that he’d failed to use de-escalation techniques.

    However, the Buffalo Police Benevolent Association is asking the arbitrator to overturn the decision reached after Murphy collected more than $276,000 in salary from the city while his disciplinary case was pending. Erie County Supreme Court documents dating to 2013 show no other cases of either the city or the police union asking a judge to reverse an arbitrator’s decision on whether an officer should be fired.

    The union during arbitration proceedings argued that Murphy didn't use excessive force and did not deserve termination. Officers aren’t prohibited from cuffing or deploying pepper spray on pregnant women, the union maintained, and Murphy testified that women seeking leniency sometimes lie about being pregnant, according to arbitration records filed by the union in the lawsuit.

    Address Buffalo, NY
     

    Incident 225

    Date Sep 01, 2019
    Department Buffalo Police Department
    Officers Christopher D. Bridgett , Kyle T. Moriarity
    Description

    Buffalo Officers Kyle T Moriarity and Christopher Bridgett attacked, assaulted, and seized Dean Taylor, a Black man, without just cause or provocation, while he stood on a street corner taking a video of police activity down the street. Moriarity and Bridgett struck Taylor numerous times, dragged him to a police vehicle and handcuffed him behind his back.

    Address Buffalo, NY
     

    Incident 226

    Date May 27, 2019
    Department Buffalo Police Department
    Officers Anthony Burvid , Patrick D. Boice , John M. Davidson , Patrick S. Garry , Jenny M. Velez , Anthony J. Mchugh , Matthew Vaughn
    Description

    Police pulled over Bruce McNeil, a city resident, in May 2019 for a vehicle violation. The officers searched McNeil’s car, found nothing, and let him go without even a ticket for the license plate bulb they claimed was not working.

    McNeil was mad about the stop. He believed his civil rights were violated, that they had no right or reason to search his car. And he found damage on the hood that he said police caused during the search.

    McNeil went to file a complaint against the officers with Internal Affairs and he alleged in a civil lawsuit that a lieutenant on duty refused to accept his complaint and threatened to arrest him for possession of drugs if he did not leave.

    McNeil left, but came back to the police station, this time with his mother, who demanded that he get a complaint filed. Police then arrested him on charges of possession of crack cocaine. The two officers alleged in the police report that they found the crack cocaine after a sweep of the police vehicle in the vicinity of where McNeil sat.

    A judge did not believe the story. McNeil was acquitted by a bench trial and is now suing the city and the police officers for wrongful arrest.

    Address Broadway Street
    Buffalo, NY
     

    Incident 235

    Date Mar 06, 2019
    Time 06:20 AM
    Department Buffalo Police Department
    Officers Clayton P. Reed , Michael J. Healy , Michael Ross , Ellen M. Taylor , Judith M. Bigelow , Michael D. Long , Patrick E. Morrow , Robert E. Lee
    Description

    Buffalo Police officers forcibly removed from a vehicle and mercilessly beat Robert Closs, a 78 year old man who was well known to the Buffalo Police Department as a citizen with mental health problems. Closs died approximately three weeks later from blunt force trauma caused by the brutality.

    Address Buffalo, NY
     

    Incident 251

    Date Dec 12, 2018
    Time 11:30 AM
    Department Buffalo Police Department
    Officers Joseph Meli
    Description

    Police say security from the Wegmans on Amherst Street reported a shoplifter at 11:20 p.m. An on-duty lieutenant who happened to be in the store was informed the suspect had ran.

    Approximately eight minutes later, officers located the suspect, 47-year-old Marcus Neal, across the street. They chased Neal on foot to Gladstone Street. Police said Neal ran into a yard and climbed up onto a flat-roof garage. Multiple officers pursued him up there. According to police, once up there, he produced a knife but refused multiple requests to drop it. They claim that Neal then charged the officers with the knife, and one of the officers opened fire, striking him.

    Neal’s family disputes the conclusion that nothing could have been done to spare his life and questions whether the events of that freezing night unfolded exactly as police have said.

    Neal was transported to Erie County Medical Center and immediately put into surgery. He later died from his injuries.

    Outcome

    Because of the presence of an alleged knife, Neal’s death was not investigated by the New York State Attorney General, which, under Executive Order No. 147 acts as a special prosecutor in deaths of unarmed citizens by police.

    The Erie County District Attorney’s Office did investigate. Erie County District Attorney John Flynn said that the shooting was justified. No charges were filed against the officer.

    Address Gladstone Street
    Buffalo, NY
     

    Incident 36

    Date Sep 12, 2018
    Time 03:14 AM
    Department Buffalo Police Department
    Officers Elnur S. Karadzhaev
    Description

    CW: In response to a 911 call of a man with a gun at about 3:05 a.m, Buffalo Police officer Elmur Karadzhayev shot and killed Rafael “Pito” Rivera as he was running away. Karadzhayev was placed on administrative leave. Erie County District Attorney John Flynn announced that there would be no charges filed against Karadzhayev after a nearly three-month investigation. The family of Pito filed a civil lawsuit. The City of Buffalo, the Buffalo Police Department, Officer Karadzhayev, and an unknown officer were all named as defendants in the lawsuit.

    Address Plymouth Ave
    Buffalo, NY
     

    Incident 240

    Date Mar 30, 2018
    Time 06:30 AM
    Department Buffalo Police Department
    Officers Daniel G. Ahearn
    Description

    On Friday, March 30, 2018, Susan LoTempio, died after being hit by a Buffalo Police Department patrol vehicle. Officer Daniel Ahearn was responding to a call and did not have his patrol car's flashing lights or siren activated when he hit Ms. LoTempio with the vehicle.

    Outcome

    No criminal charges or disciplinary action was taken against Officer Ahearn.

    A civil action was filed against the City of Buffalo, the Buffalo Police Department, Officer Ahearn, Adamson Industries Corp, Central Dodge Inc, Central Chrysler Dodge Jeep Ram Of Raynham, and Gamber-Johnson LLC. The NYS Office of the Attorney General investigated the death and determined that Ahearn was not criminally liable. The remaining parties settled for $200,000 plus $71,000.69 in attorney fees.

    Address Buffalo, NY
     

    Incident 254

    Date Jun 07, 2017
    Department Buffalo Police Department
    Officers Ronald J. Ammerman , Mark P. Andrzejak , Joseph F. Nigro , Curtis L. Hairston , Charles E. Shelvay , Derrick A. Banaszak , Robert P. Sheridan
    Description

    Noah Giusiana attended a late-night film at a Regal Cinema in Buffalo, NY with his younger brother. While exiting the movie theater, Giusiana and his brother were “horsing around” and wrestling outside the theater. Giusiana was confronted by a Regal Cinema assistant manager and a brief altercation ensued.

    Seconds later, Noah Giusiana was grabbed by off-duty Buffalo Police Officer Mark Andrzejak, who was working as a Regal Cinema security officer at the time. Officer Andrzejak then slammed Giusiana to the sidewalk. An eyewitness heard Giusiana’s head crack when it struck the sidewalk and said that he appeared unconscious as he was lying still, facedown on the ground.

    The Buffalo Police department arrived at the scene and placed Giusiana under arrest. The arresting officer at the scene, Ronald J. Ammerman testified that he was never told Giusiana’s head struck the sidewalk. Officer Ammerman’s testimony also revealed that Mark Andrzejak gave false statements regarding Mr. Giusiana’s actions.

    AMR attendants asked Giusiana a series of questions and then cleared him to be taken by the Buffalo Police to Central Booking. A cellblock video shows that Noah Giusiana vomited in a sink and slowly slumped to the floor of his cell in Buffalo Police Central Booking around 6:44 AM on the morning of his arrest. Shortly after 9:00 AM, Mr. Giusiana was found unresponsive, lying on the floor of this holding cell. An ambulance was then called and Giusiana was rushed to Erie County Medical Center, where he underwent emergency brain surgery.

    Noah Giusiana survived after undergoing emergency brain surgery. However, he is nearly 50% blind, has trouble with his memory, and suffers from other cognitive impairments.

    Outcome

    After doctors said Noah Giusiana might not live, police charged Jonah Giusiana on June 8, 2017, with felony assault, “for recklessly causing injury” to his brother. Police arrested Jonah while he was visiting his brother at the hospital. An Erie County grand jury reviewed the case, but did not indict Jonah Giusiana. The violations against both brothers were also dropped.

    The Buffalo Police Internal Affairs unit began an investigation into whether Andrzejak had used unnecessary force and caused Giusiana’s brain injury. Andrzejak was “exonerated” by the police department. Andrzejak remains a police officer.

    Noah Giusiana sued the City of Buffalo, the Buffalo Police Department, seven police officers, Regal Cinemas, off-duty officer Mark Andrzejak, AMR, and two ambulance attendants. Mr. Giusiana’s lawsuit was because the defendants falsely arrested him, negligently caused his injuries, denied him medical care in a timely manner, committed medical malpractice, and failed to train their employees properly.

    The Buffalo Common Council approved the payment to Giusiana for $1.05 Million. The remainder of the $2.9 million settlement came from other defendants.

    Address Elmwood Ave
    Buffalo, NY
     

    Incident 35

    Date May 07, 2017
    Department Buffalo Police Department
    Officers Justin P. Tedesco , Joseph B. Acquino , Jose M. Rivera , Richard N. Hy , Jonathan F. Bierl , Henry Velez , Daniel Derenda
    Description

    CW: Officers beat and fatally shot Jose Hernandez-Rossy during an unlawful, racially-motivated traffic stop.

    Address Buffalo, NY
     

    Incident 28

    Date Apr 18, 2017
    Department Buffalo Police Department
    Officers Christopher P. Fields , Debra A. Strobele
    Description

    CW: Mohammad Ismail bought a dilapidated house at a city auction of tax delinquent properties with the hopes of renovating it and turning it into a home for his wife and four children who were in Brooklyn. The previous owner was a Buffalo police officer who showed up with another police officer one day and threatened to arrest Ismail if he didn't leave. The dispute has led to two internal affairs probes by the BPD and a lawsuit by Ismail against the police officers and the Buffalo Police Department.

    Address Sherman St.
    Buffalo, NY
     

    Incident 41

    Date Mar 18, 2017
    Department Buffalo Police Department
    Officers Joseph R. Hassett
    Description

    Buffalo Police officer Joseph Hassett was recorded on camera assaulting Timothy Stanton Jr. on March 18, 2017. Stanton was taken to ECMC for a head injury and a cut on his forehead that required stitches. The Erie County District Attorney's Office and the Buffalo Police Department both said they didn't learn about the incident until video of the confrontation was requested by Stanton's attorney. Hassett was charged with two counts of third-degree assault, official misconduct, offering a false instrument for filing and making a punishable false written statement in connection to an incident that happened in March 2017.

    Prosecutors argued this was excessive use of force, but the Judge disagreed, dismissing all criminal charges. BPD Internal Affairs opened an investigation on May 26, 2017 and officially suspended Officer Hassett on May 30, 2017, according to Commissioner Daniel Derenda. Hassett was suspended for 30 days without pay.

    Address Buffalo, NY
     

    Incident 232

    Date Feb 07, 2017
    Department Buffalo Police Department
    Officers Todd C. Mcalister , Nicholas J. Parisi
    Description

    Officers Todd C. McAlister and Nicholas J. Parisi tried to handcuff Wardel “Meech” Davis outside a house on the West Side. One of the officers admitted he punched Meech during the struggle, after which the 20-year-old stopped breathing. Meech died a short time later, and even though his death was ruled a homicide, medical records say he died from pre-existing breathing problems that were exacerbated during the struggle.

    The officers were not charged and remain on the force. The attorney general said there was "no evidence" to contradict the officers' accounts because there were no witnesses and no video evidence such as body camera footage or dash camera footage. He added that there was "real need of reform" not only with the police department, but also with the Erie County Medical Examiner’s office, particularly because medical officials insisted on checking with police before making their medical rulings on the death.

    Address Hoyt Street
    Buffalo, NY
     

    Incident 37

    Date Jul 15, 2016
    Department Buffalo Police Department
    Officers Joseph B. Acquino , Mark C. Hamilton , Michael J. Acquino
    Description

    Four officers followed Arthur Jordan into the PCS Metro store and told him he was wanted for questioning. When Jordan said he wouldn’t go with the officers, who lacked both a warrant and probable cause for an arrest, the officers closed in on him, sprayed him in the eyes with copious amounts of pepper spray, punched him in the head and eventually restrained him enough to perform a search.

    Address Main Street near Filmore Ave
    Buffalo, NY
     

    Incident 27

    Date May 19, 2016
    Department Buffalo Police Department
    Officers Joshua T. Craig , Anthony J. D'agostino
    Description

    CW: A cellblock attendant grabbed Shaun P. Porter and slammed his face into a door, causing him to collapse and strike his face on the floor and bleed profusely. Meanwhile two Buffalo police officers did nothing as they stood by and watched. After dragging Porter down the hall and hitting him in the head again, he was placed in a restraint chair without medical treatment for about an hour and 45 minutes.

    Address Buffalo, NY
     

    Incident 228

    Date Aug 14, 2015
    Department Buffalo Police Department
    Officers Amber M. Beyer , John F. Beyer , Richard N. Hy
    Description

    Officer Beyer and Officer Hy viciously attacked Gregory Ramos, dragged him into the yard threw him into a police car. Then Beyer approached Ramos laughing and told him that if his eyeballs fell out, that she would tape them back to his face, and that would be the only medical attention he would receive. Then Officer Beyer and Hy drove Ramos to a parking lot where he sat handcuffed for several hours until they drove him to central booking.

    Address Buffalo, NY
     

    Incident 233

    Date Nov 27, 2014
    Department Buffalo Police Department
    Officers Corey R. Krug
    Description

    Buffalo police officer confronted Devon Ford on Chippewa Street slammed him onto a car, took him to the ground and then hit him six times with a nightstick.

    "I just remember being on my back, saying 'I didn't do anything, I didn't do anything," Ford told a federal court jury.

    Outcome

    Krug was temporarily suspended. A jury found Buffalo Police Officer Krug not guilty of two counts of deprivation of constitutional rights in the November 2014 use-of-force case.

    Address Buffalo, NY
     

    Incident 231

    Date Sep 09, 2014
    Department Buffalo Police Department
    Officers Joseph R. Hassett , John F. Beyer
    Description

    In September 2014, Hassett and his partner, John Beyer, apprehended 26-year-old Keith Worthy at a gas station at the corner of South Park Avenue and Louisiana Street. The officers then took Worthy and his car into the nearby Commodore Perry housing projects, according to sources who have viewed the investigations that followed.

    The officers charged Worthy with trespassing on public housing property, according to the incident report. They also charged Worthy with leaving his car — which had been at a gas pump before they arrested him and moved it — unattended and blocking a roadway.

    Outcome

    All the charges against Worthy eventually were dropped.

    The Internal Affairs investigation into the incident took four years to resolve. The finding: The complaint was “not sustained.” Neither officer was punished.

    Address Buffalo, NY
     

    Incident 253

    Date May 11, 2014
    Department Buffalo Police Department
    Officers Adam E. O'shei , Robert Eloff
    Description

    Air National Guardsman William C. Sager Jr. was gravely injured when he was pushed down a flight of stairs by Molly's Pub bar manager Jeffrey Basil. When the incident happened at Molly's, two off-duty Buffalo Police officers were there -- Adam O'Shei and Robert Eloff. Officer Eloff helped drag the unconscious Sager out of the bar after the push and handcuffed him at Basil’s request. After spending weeks in a coma at the hospital, Sager died. He was 28.

    Outcome

    Officer O'Shei was suspended for his involvement in the Molly's Pub incident that led to the death of a national guardsman but did not be face any charges. Eloff pleaded guilty to violating the civil rights of Donald Hall, a friend of Sager. He resigned from the force as part of the plea. Eloff was sentenced to three months in federal prison and three months of home confinement in 2016 in connection to the incident.

    Address Main Street
    Buffalo, NY