Incidents

Buffalo Police Department

    Incident 261

    Date Dec 11, 2014
    Time 06:40 AM
    Department Buffalo Police Department
    Officers Craig J. Leone , Jason M. Mayhook , Earl E. Perrin Jr
    Description

    Officers armed with guns and a no-knock search warrant raided the wrong home of Maisha Drayton, then a senior director of staff development at the Evergreen Association, a nonprofit health care organization.

    Police left all the doors open when they departed, Maisha Drayton testified. Snow from boots were on the floor throughout the house. The warrant left by officers was full of misspelled words, along with the name of a suspected drug dealer Drayton and her kids had never heard before.

    Detectives had obtained the search warrant for the home based on the word of an informant facing unspecified criminal charges. The informant told City Court Judge Amy Martoche, who signed the warrant, that she was hoping to “work off some of the charges” when she told police that a man named George lived at the house and had crack stashed inside.

    Officers during depositions said they watched the house at least twice before serving the warrant but didn’t see Tariq, then 10, or his brother Xavier, then 16, go to school each morning, nor did they see Maisha Drayton or her husband, who worked as a graphic designer at the Buffalo News, go to work each day and come home each night.

    They also didn’t see George, the suspected crack dealer, but that wasn’t cause for concern, police testified during proceedings in the lawsuit. They believed the house was used to stash drugs, not as a point of sale, and so the lack of visible drug activity wasn’t considered unusual for a suspected drug dealer.

    The Draytons owned the home where they’d lived for seven years, and police knew it. They also knew that utilities were in Maisha Drayton’s name. That, too, didn’t cause police to question whether the informant had told the truth about George living there.

    In seeking a search warrant, Detective Earl Perrin told Judge Martoche that he knew about George and the house before the informant told police that the Drayton home contained cocaine. He asked that the warrant be no-knock because people inside the house had guns. Kirkham wrote that Mayhook wasn’t candid when he told the judge, without corroborating the informant’s information, that the house was used to stash crack sold elsewhere.

    “This statement among other representations made to the court at the in-camera hearing for the search warrant constitutes material misrepresentations of the facts that led to a finding of probable cause [to search the house],” Kirkham wrote.

    Officers involved in the raid admitted no mistakes during depositions.

    Outcome

    Due to the raid, Maisha Drayton, who was in underwear when police rousted her from bed, suffers from post-traumatic stress syndrome and has experienced panic attacks and vertigo as well as migraine headaches, her lawyers say. Xavier suffered sprained wrists from being handcuffed, injuries to his arms and shoulders and has also experienced emotional injuries, according to the lawsuit. Tariq, who visited a therapist, suffered emotional injuries and has had nightmares, according to the family’s attorneys.

    The Buffalo Common Council settled the Draytons’ lawsuit against police for $255,000.

    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
     

    Incident 31

    Date Apr 24, 2014
    Department Buffalo Police Department
    Officers Nicholas A. Militello , Jeffrey Rinaldo , John Cirulli , Dennis R. Gilbert , Brian Griffin , Lindsay A. Laracuente-Zgoda
    Description

    CW: On the night of April 19th, when John Willet was driving, he noticed a car was following him. Fearing that it may be someone meaning to do him harm, he sped away. The car following him turned out to be undercover police car, which pursued Willet to Ontario and Philadelphia Streets. Willet parked his vehicle, got out and ran across the street where he willingly surrendered. Willet reported that he stood there with his hands in the air when an officer punched him and threw him down to the ground. Officers kneed and punched Willet while trying to apprehend him. An officer kicked and punched Willet while he was handcuffed and laying face down, pleading for them to stop. Willet was charged with resisting arrest and minor drug possession charges.

    Address Buffalo, NY
     

    Incident 234

    Date Nov 21, 2013
    Department Buffalo Police Department
    Officers Joseph R. Hassett , Corey R. Krug
    Description

    Police officers Corey Krug and Joseph Hassett assaulted and detained Rickey Spencer for a violation of NYS V&T Law 1236 Lamps and Other Equipment on Bicycles in that he did not have a light or reflector on his bicycle. Spencer required surgery on his arm due to the assault.

    Address E. Ferry Street
    Buffalo, NY
     

    Incident 242

    Date Jun 03, 2013
    Department Buffalo Police Department
    Officers Joseph M. Cook , John C. Garcia , Daniel Derenda
    Description

    Police busted down a door of a Breckenridge apartment belonging to Iraqi War combat veteran, Sgt. Adam Arroyo in Buffalo looking for drugs. In the process, the police shot Arroyo's dog Cindy multiple times, killing the dog.

    Police claim they read his address wrong. They meant to raid the upstairs front apartment at 304 Breckenridge St, but they became confused and raided the rear apartment. Busting down Arroyo’s door, they found that he was not at home. His dog Cindy, a pit bull, was tethered to the sink in the kitchen.

    Detective Joseph Cook, accompanied by a SWAT team of police, chose to stand beyond the length of tether and shoot Cindy, as opposed to wasting the time it would take to get animal control into the house and place the dog in a kennel.

    After Cindy was shot, animal control arrived and unloosened her from her bloodied leash. The impact of the bullet had thrown the dog, and it had become entangled around her neck. They were inconvenienced as they unwound her leash and untethered her, removing her carcass in a body bag.

    Without realizing it was not the apartment named on the search warrant, police were inconvenienced as they ransacked the apartment. Blood from the dog got on their boots and, despite wiping it off on the carpet, they spread it all over the apartment. Some of it stuck like plague to their boots.

    Address Breckenridge
    Buffalo, NY
     

    Incident 26

    Date Nov 28, 2012
    Time 08:54 PM
    Department Buffalo Police Department
    Officers Michael J. Anderson , Robert M. States , Matthew Cross
    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. Decisions regarding further damages are left to come.

    County Attorney Jeremy Toth called the jury’s decision “inexplicable” and said the county intends to appeal the verdict and seek a new trial. 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.

    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 230

    Date Sep 01, 2012
    Department Buffalo Police Department
    Officers Joseph R. Hassett
    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 38

    Date Jun 24, 2012
    Time 03:00 AM
    Department Buffalo Police Department
    Officers Karl B. Schultz , Jason A. Whitenight
    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 252

    Date May 30, 2009
    Department Buffalo Police Department
    Officers Gregory M. Kwiatkowski
    Description

    Lt. Kwiatkowski arrived at Treehaven Road in Buffalo to respond to a vehicle that had been stopped by the Cheektowaga Police Department (CPD) and that was believed to be involved in an ongoing series of BB gun shootings, including one which occurred earlier that night. Lt. Kwiatkowski was the first BPD officer to arrive at the scene. Other CPD officers were present at the scene when Lt. Kwiatkowski arrived and had already removed the vehicle’s four occupants, who were all between 16 and 18 years old.

    At the time of Lt. Kwiatkowski’s arrival, all of the occupants were compliant and completely under the control of the CPD officers. Upon arriving at the scene, Lt. Kwiatkowski used unlawful and unreasonable force on each of the four occupants. Specifically, Lt. Kwiatkowski admitted to forcibly pushing each of the suspects heads and upper torsos into the vehicle around which they were being detained. He also called the four Black teenagers “savage dogs” and asked, "Do you like shooting at white kids?"

    Outcome

    A federal judge sentenced the former Buffalo Police lieutenant to four months in prison in 2018.

    Address Treehaven Road
    Buffalo, NY
     

    Incident 237

    Date Nov 01, 2006
    Department Buffalo Police Department
    Officers Gregory M. Kwiatkowski , Cariol J. Horne
    Description

    In 2006, Officer Cariol Horne intervened to stop a fellow officer, Gregory Kwiatkowski, who was choking Neal Mack, a Black man who was already placed under arrest and handcuffed. Horne was assaulted by the officer during the intervention, and thereafter the Buffalo Police Department punished officer Cariol Horne by terminating her for attempting to stop the assault by her fellow officer upon a citizen —just one year shy of receiving her full pension.

    In October 2020, Buffalo adopted "Cariol's Law," to require police to intervene if a fellow officer uses excessive force. In 2021, a New York court awarded her the pension and back pay she earned. The city has yet to pay Cariol her pension.

    Address Buffalo, NY
     

    Incident 29

    Date May 30, 2003
    Time 06:30 PM
    Department Buffalo Police Department
    Officers Robert R. Johnson , Michael J. Bauer , Daniel P. Horan
    Description

    CW: More than two dozen Buffalo police officers attacked a peaceful group of bicyclists at 6:30 p.m. They kicked some and beat several with clubs and Mag-Lites. They arrested nine of them on the kind of trumped-up felony charges.

    Address Buffalo, NY
     

    Incident 246

    Date Dec 13, 1989
    Department Buffalo Police Department
    Description

    Thomas Grillo, a retired Buffalo police officer, was arrested for attacking a man with a tire iron and threatening to shoot him with a loaded revolver during an apparent traffic dispute. Grillo was accused of smashing the window of the driver's car with a tire iron and hitting the driver. He was also accused of pointing a loaded .38-caliber revolver at the driver's head.

    Outcome

    Grillo was charged with assault, first-degree reckless endangerment, possession of a weapon and criminal mischief.

    Address Buffalo, NY
     

    Incident 224

    Date Jun 25, 1975
    Department Buffalo Police Department
    Officers Philip C. Gramaglia , Gary Atti
    Description

    Richard Long, an 18 year old from North Buffalo planning his first semester at Buffalo State College, was dragged from his brother’s car at 2:30 a.m. on June 25, 1977, beaten and stomped to death by two police officers (Philip Gramaglia and Gary Atti) and a Buffalo businessman (Jack Giammaresi). The three were charged with first degree manslaughter.

    The beating was precipitated by a traffic incident, in which Long, driving home after a party, cut off Gramaglia and Atti (who had also been celebrating). The two policemen bragged to their friends about the beating afterwards, over drinks at Mulligans. They never attempted to deny their actions, as this chilling testimony from the trial transcript demonstrates:

    “Q. He went down?

    A [Gramaglia]. Yes, sir.

    Q. What did you do?

    A. When he was down, or when he was going down, or just about all the way down, I kicked him.

    ...

    A [Atti]: ...Phil reached down and grabbed him by his shirt and tried to pull, lift him up, and the kid says ‘No,’ so then I started to holler ‘Get up, get up,’ and he wouldn’t get up, and I gave him a quick kick to what I believe is the top of the head.

    Q. Then what happened?

    A. Well, I believe we were still hollering to get up, and I kicked him again.”

    (from Buffalo News, June 25, 1987)

    Long drowned in his own blood. Most of the testimony in the trial revolved around whether other officers had been involved, and, although many people still believe there were more, in the end only Gramaglia, Atti, and Giammaresi were convicted. After a relatively painless 18 month stretch in a minimum security facility, the three resumed their lives in Buffalo. This relatively mild verdict was condemned by many.

    The Long trial was front page news in Buffalo for months, and was instrumental in ending the mayoral career of Stanley Makowski, making room for then State Senator Jimmy Griffin. Makowski’s police chief, Thomas Blair, left with him.

    Address Buffalo, NY
     

    Incident 256

    Date May 07, 1970
    Department Buffalo Police Department
    Description

    After the Kent State killings, thousands marched down Main street, protesting the Cambodian invasion. High school students joined in. Club-swinging Buffalo police fired tear gas. Rocks were hurled through bank windows. Students were gassed repeatedly. On May 7, 1970, police filled the student union with tear gas and birdshot.

    "It felt like a war zone," says James E. Brennan, editor in chief of the Spectrum, UB's student newspaper, during the riot era.

    "I purchased 10 gas masks for our reporters so they could work. The police were lobbing so many tear gas canisters. We put air conditioning units in the print offices of the Spectrum, because the police were shooting tear gas in the windows of the student union. We took the staff down to the basement, put the gas masks on, went up, turned the air conditioners on, aired out the offices and put out an extra edition."

    Getting gassed, he recalls, "was like getting pepper thrown in your eyes. It had an acrid, sharp smell, worse than onions." At age 20, "you feel invincible. Until I saw kids lying on the floor in the student union with that birdshot in their skin.

    Address Main St
    Buffalo, NY
     

    Incident 257

    Date Mar 12, 1970
    Department Buffalo Police Department
    Description

    At a rally on March 11, 1970 the Strike Committee at the University at Buffalo issued an ultimatum to the university administration: "meet the strike demands by 9:00 p.m. the next day or face the outcome of a War Council." The Strike Committee demanded that the Buffalo Police leave campus, unconditional amnesty be given to all protesting students and an end to the ROTC program at UB.

    Acting President Regan announced that a phased withdrawal of the Buffalo Police would begin March 17 in response.

    1,000-1,500 people attended a nighttime rally on campus the following day. Mixed among the UB students were students from other colleges, high school students and other members of the local community.

    The War Council began when the rally convened at Clark Gym. Demonstrators burned a bed sheet painted to resemble the American flag and chanted slogans in support of North Vietnam. Protesters then began to throw rocks, ice and other items at police officers gathered nearby.

    The protesters moved from Clark Gym to Hayes Hall where they confronted 200 police who were lined up in front of the building. Both sides jeered at and taunted the other before the protesters moved on to the Themis site.

    Protesters threw rocks at windows at the Themis site and were confronted by 75 police officers.

    Approximately 1,000 protesters returned to Hayes Hall and again confronted the 200 police officers there. Rocks were thrown by protesters at already broken Hayes Hall windows, showering nearby police with glass. At this point, a number of officers charged the crowd and began to beat protesters, members of the Peace Patrol and non-protesting bystanders.

    58 people were injured. Some received treatment from Student Health Services, while others were taken by ambulances to area hospitals. Six people were arrested.

    Themis was a research project conducted by faculty from the Department of Physiology and was funded by the Department of Defense.

    Address Buffalo, NY
     

    Incident 241

    Date Jan 04, 1970
    Department Buffalo Police Department
    Description

    The Avenue was raided, where 94 people were kicked out of the bar, 11 arrested, and two lesbians were beaten up by officers.

    The Avenue was opened after queer friendly space The Tiki on Franklin and Tupper, was shut down. The owner of The Tiki, James Garrow, was denied by the New York State Liquor Authority because he was arrested for allegedly cruising other men. He was denied again for a liquor license, so the Avenue became a gay “juice bar” and an underground center for LGBTQ people to meet.

    The police raid closed down The Avenue. Two years later it was demolished - the fate of many gay historic sites in Buffalo. The Avenue was replaced with Frank A. Sedita City Court, named for the mayor at the time and still standing.

    Address 70 Delaware Ave
    Buffalo, NY
     

    Incident 258

    Date Aug 19, 1968
    Department Buffalo Police Department
    Description

    On August 19th, 1968 FBI, U.S. Marshals and Buffalo Police entered the Unitarian Universalist church on Elmwood Avenue to arrest Bruce Beyer. Beyer had been seeking sanctuary against arrest for draft evasion in the church for publicly burning his draft card since August 8th.

    Outcome

    Eight of Beyer's supporters were also arrested after a brief altercation with the police and federal agents. This group, later known as the Buffalo Nine, were charged with assault. Beyer was charged with failure to report for induction and assault of a federal marshal. He was found guilty of two of three counts of assault and was sentenced to three years in prison.

    On March 19th, hundreds gathered in Lafayette Square in Buffalo to protest the sentencing and burn an effigy of the presiding judge. When nine University at Buffalo students were arrested, the protesters moved to the UB campus.

    Address Buffalo, NY
     

    Incident 255

    Date Jun 26, 1967
    Department Buffalo Police Department
    Description

    While playing basketball with friends, two young residents got into a physical altercation. Buffalo Police arrived on the scene to break it up, and one of the young men informed the cops that there was no need to intervene. “We fight every day and we would be friends the next day,” explained the young man. Despite his attempts to de-escalate what he believed to be a non-threatening situation, the police soon spiraled out of control.

    Two police quickly multiplied to thirty as residents gathered around the unfolding scene. At one point, an officer even drove his motorcycle through the crowd of boys as the remaining police ordered the by-standers to return to their homes. Irate that the reckless officer had hit their sons, two mothers and a reverend approached the officers. They had underestimated the hostility of the police.

    An attempt to address one incident of violence instigated even more physical abuse as the officers lashed out at the residents who dared to confront them. According to community members, “Two more Police officers came and they tried to arrest Rev. Bryant, pulled a gun on him, hit one of the mothers in the head, and then again the Precinct #10 cops came, riot ready—pulling their guns out, swinging their sticks at us and telling us to go home.”

    Community Response

    After the Police Violence that community experienced, community members initially went home and waited until about midnight until folks went out with the intention of causing property damage. There may not have appeared to be much damage on the first night, however the visceral reaction to over policing and brutality in the Lakeview Project was not confined to the West Side of Buffalo.

    The chaos spread like wildfire onto the East Side where most of the Black population resided. The very next night after Molotov cocktails exploded on the West Side, the Buffalo Evening News reported that the East Side convulsed under the weight of vandalism, fires, and looting. On Tuesday June 27th, eight people were reported injured, nine fires were set ablaze, and an estimated twenty-three people were arrested.

    According to some, Mayor Sedita was partially responsible for the disturbances that were taking place because of joblessness, poor housing, and a lack of recreational facilities. “The power structure in Buffalo has contributed as much as any other factor to the disturbance in the past three nights by their indifference to the needs of all its citizens,” remarked Rev. Milton A. Williams, the President of the NAACP Buffalo Chapter. He railed against: “…the retailers who have refused over the years to hire Negroes in numbers comparable to the number of Negroes in the community…A mayor who permits his departments to operate recreational areas in a most deplorable condition which mirrors the contempt of the white community for this area…A Board of Education and the head of our School Department who claim insight and concern for the poor area schools but who failed to provide $50,000 for the operation of the public school playgrounds in a $51 Million budget.”

    Address Buffalo, NY