On February 7, 2018, Celiberti was involved in a one car accident due to excessive speed driving in the snow while driving a fleet car. He pleaded guilty, and it was noted that this was his 3rd avoidable accident in 36 months. A reprimand was issued.

Outcome

reprimand

As part of the Greater Rochester Are Narcotics Enforcement Team, Havill and other officers shot (allegedly returning fire) at suspects in a drug raid on Burbank Street in Rochester. Two suspects were injured.

Outcome

shootings were found to be justified.

According to the disciplinary record, Officer Hasper effected an improper detention of a child, improper arrest of a child and used force to effect an improper detention.

Outcome

Officer had to take a class

According to testimony and documents in the City of Rochester Disciplinary Records, a woman had been hit by her ex-boyfriend in a car earlier in the day injuring her foot and had gotten home from the hospital when the ex-boyfriend showed up at her door with Officers Johnson and McNees. According to her testimony, she refused to allow her ex-boyfriend into her residence--the officers told her that they were going to allow her ex-boyfriend to break in to the residence, despite being informed several times that the ex-boyfriend did not live there. The officers gave the ex-boyfriend instructions on how to break into the apartment.

Outcome

Officer Johnson pled guilty to a violation of RPD rules and regulations and was suspended (unpaid) for one day. The victim received 100,000 in a lawsuit settlement.

While off-duty, MCENTEE allegedly reported his child missing, sparking a massive law enforcement response. MCENTEE had allegedly forgotten he had brought the child home and may have been intoxicated.

Outcome

suspended with pay, charges eventually dropped

In a lawsuit, in which Lucas Burritt was named, someone accused Burrit and other officers of using "excessive and unlawful force against him, falsely arrested him, and subsequently fabricated official police paperwork and committed perjury in an attempt to cover-up this wrongdoing."

Plaintiff alleges that various Rochester Police Department ("RPD") officers used excessive and unlawful force against him, falsely arrested him, and subsequently fabricated official police paperwork and committed perjury in an attempt to cover-up this wrongdoing

Officer Sean Aranas wrote a citation for and took money from a street vendor selling hot dogs from his cart. Aranas offered no explanation to the vendor.

According to Police Accident Report, while heading to assist another officer at a traffic stop, Officer Delvecchio struck a vehicle resulting in damage to their rear tail light and driver's side rear quarter panel.

Outcome

Letter of Reprimand

While executing a no-knock search warrant at the victim's residence, Investigator Ferro allegedly fired three shots. The victim was reported to be uninjured.

Outcome

Ferro was been assigned to administrative duties, pending the results of an internal investigation.

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.

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

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.

According to Davy V., Laureano approached a young black male for looking suspicious as he moved his mother's car to the opposite side of the street

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.

According to Yancey v. Pancoe, on March 13th, 2017, Sergeant Timothy Pancoe used racist language in telling Rakim Yancey to move his car, and when Yancey asked why he used that language, Pancoe maced Yancey, beat him with a baton, and kicked him while he was on the ground. Officers Christopher Kosch and Bradley Pike then arrived at the scene and also maced, beat, and choked him, resulting in two fractured wrists and thumbs, a back injury, a chipped tooth, and multiple contusions and abrasions requiring hospital treatment.

Outcome

None

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.

Officer Thomas Lisle is allegedly named in Pagan v. The City of Rochester court docket.

James Kistner was having breakfast with his sons at his Buffalo East Side home on New Year’s Day 2017 when he noticed police at his apartment across the street.

They finished breakfast before Kistner walked outside to find out what might have caused the police presence at the apartment on Schmarbeck Avenue.

Kistner walks a few feet toward a second police cruiser that begins to back up. He gets within a foot and he throws out his arms to brace for what was about to happen: the cruiser runs into him, forcibly knocking him to the ground. No one moves. None of the officers run to check on Kistner. More than 15 seconds pass before officers get out and walk toward Kistner, who is lying on the ground yelling at his son to call 911.

Earl, Kistner’s son, runs over, sees that his dad is on the ground with his legs pushed out between the two wheels of the left side of the SUV and then walks back to the sidewalk to call 911.

Not only was Kistner struck by a police SUV and injured, but officers surrounding Kistner’s son while he called 911, shoved him around and took his phone. Police cancelled the ambulance call. An officer picks up Kistner off the ground, they cuff him and detain him in the second police cruiser that returned to the scene. Police charged Kistner with felony criminal mischief and a disorderly conduct violation.

Officers transported Kistner to ECMC, where they chained him to a gurney, and left to speak with medical staff. The officers tried to get Kistner admitted in the psych ward at ECMC, claiming he attacked the police cruiser. Kistner said the nurse told him that the officers claimed he jumped onto the police cruiser. ECMC did not admit Kistner, so police brought him to central booking where he was fingerprinted, searched and photographed. He was charged with felony criminal mischief in the third degree for the damage to the mirror and disorderly conduct.

Kistner thought he would get an appearance ticket for some violation, but the officers would eventually bring him back to ECMC to try to get him admitted a second time. Kistner again denied to a doctor that he attacked a police car and said he has video to prove it. The doctor called a family friend of the Kistners, who confirmed that the video shows Kistner being struck by the police car.

Less than an hour later, ECMC nurses told Kistner he was free to leave.

Kistner’s attorney said the officers conspired to cover up the incident to avoid discipline for hitting Kistner with a police cruiser.

Outcome

Prosecutors dismissed the charges against Kistner once they saw the video evidence.

Kistner’s attorney said as far as he knows the officers were never disciplined.

Kistner said he filed a complaint with internal affairs but was ignored. So, he decided to sue the City of Buffalo, the police commissioner and police officers Lauren McDermott, Jenny Velez, Karl Schultz, Kyle Moriarty and David T. Santana. Pending Common Council approval, James and Earl Kistner will be receiving $1,100,000 as a result of the settlement from the lawsuit.

Two traffic incidents damaging squad car

Outcome

Letter of reprimand for first incident and one day suspension for the second