Incidents

    Incident 94

    Date May 14, 2015
    Department Rochester Police Department
    Officers Michael T. Collins
    Description

    From City of Rochester RPD Misconduct database charges: “That on or about May 14th, 2015, you were operating your fleet vehicle in a westbound direction at or about 614 Clifford Avenue with yourvehicle's emergency equipment activated, when you became involved in your third avoidable fleet accident in thirty-six months. You attempted to make a K-turn and while backing northbound on Clifford Avenue, did strike a civilian vehicle. The civilian vehicle was also traveling in a westbound direction and attempted to pass behind you as you were attempting to execute your K-turn.”

    Outcome

    Not aware

    Address Joseph Ave near Clifford Av
    Rochester, NY
     

    Incident 62

    Date Apr 03, 2015
    Department Rochester Police Department
    Officers Jason A. Elwood
    Description

    Officer allegedly harassed community space.

    Address Troup St near Clarissa St
    Rochester, NY
     

    Incident 84

    Date Feb 02, 2015
    Department Rochester Police Department
    Officers Anthony S. Delvecchio
    Description

    According to court documents, Delvecchio was among officers of who opened the door to plaintiff's home. Plaintiff said please take me home. Immediately after she said this, according to plaintiff, Officer Delvecchio elbowed her in the face. Officer Delvecchio's elbow allegedly struck plaintiff in the mouth, knocking out her top left front tooth. Plaintiff alleges that immediately after being elbowed, she was punched by Officer Delvecchio in the area of her left eye.

    Outcome

    the Court denies Defendants' motion for summary judgment

    Address Meredith St
    Rochester, NY
     

    Incident 83

    Date Feb 02, 2015
    Department Rochester Police Department
    Officers Anthony S. Delvecchio
    Description

    The officers failed to obtain permission to transport Plaintiff as required by police department rule, it could not have been an arrest pursuant to New York Mental Hygiene Law.

    Outcome

    the Court denies Defendants' motion for summary judgment

    Address Rochester, NY
     

    Incident 162

    Date Jan 16, 2015
    Department Rochester Police Department
    Officers Joseph D. Perrone
    Description

    Upon seeing pit bull inside the home on a call, Perrone shot and killed the dog through the open front door from his position on the porch.

    Outcome

    Lawsuit settled

    Address Trafalgar St near Wellington Ave
    Rochester, NY
     

    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 , Daniel Derenda
    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 , Daniel Derenda
    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 51

    Date Nov 12, 2014
    Department Rochester Police Department
    Officers Matthew T. Cushman
    Description

    According to D&C officer was involved in a shootout with no injuries.

    Outcome

    None found

    Address Vermont St near Culver rd
    Rochester, NY
     

    Incident 210

    Date Oct 22, 2014
    Department Rochester Police Department
    Officers Matthew R. Klinkman
    Description

    According to Davy V., several RPD officers (including Matthew Klinkman) surrounded a black man who was pumping gasoline. They claimed he matched the description of someone they were searching for, but then left. Davy V. asked Officer Klinkman why he questioned the man, and Klinkman got into his police car and left.

    Address Buffalo Road near Gilde St
    Rochester, NY
     

    Incident 138

    Date Oct 22, 2014
    Department Rochester Police Department
    Officers H. Cuyler Mooney
    Description

    According to Davy V’s blog, a total of 5 Rochester Police cruisers had pulled over an African-American motorist. When asked for his badge number and more information, Officer Mooney replied: "I'm doing my job, get out of my way!”

    Outcome

    None

    Address Chili Ave near West Ave
    Rochester, NY
     

    Incident LPL1

    Date Oct 20, 2014
    Time 10:00 PM
    Report # LPL1
    Department Chicago Police Department
    Officers Jason D. Van Dyke
    Description

    Officer Van Dyke shot Laquan McDonald (17 years old) 16 times, killing him. McDonald was walking away from the officer at the time.

    Address S Pulaski Rd between W 41st St and W 42nd St
    Chicago, IL
     

    Incident 190

    Date Oct 10, 2014
    Department Rochester Police Department
    Officers Alex M. Jimenez
    Description

    According to discipline database, on October 10 2014, Jimenez allegedly was involved in a third avoidable fleet incident within a year's time. Jimenez allegedly followed another fleet vehicle too closely and struck the rear of the other fleet vehicle. The accident caused $1612.16 of damage.

    Outcome

    Reprimand

    Address 490 near Inner Loop
    Rochester, NY
     

    Incident 67

    Date Sep 18, 2014
    Department Rochester Police Department
    Officers Bryan A. Boskat
    Description

    Court case: Man alleged 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 Boskat was named in this court case that was connected to another incident the Plaintiff was involved on date above . The focus of the incident on 9/18/14 was on Officer Masic ( investigate him !!) Defendent

    Outcome

    none

    Address Rochester, NY
     

    Incident 58

    Date Sep 11, 2014
    Department Rochester Police Department
    Officers Patrice R. Allen
    Description

    According to the Davy V. Blog, Officer Allen was tailgating an individual who eventually pulled over to let the RPD vehicle pass. Officer Allen pulled up next to the individual and asked why they had pulled over; the individual asked Officer Allen for her badge number, but she refused, saying it was "none of your business."

    Address Highland Ave
    Rochester, NY
     

    Incident 231

    Date Sep 09, 2014
    Department Buffalo Police Department
    Officers Joseph R. Hassett , John F. Beyer , Daniel Derenda
    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 135

    Date Aug 21, 2014
    Department Rochester Police Department
    Officers Donald M. Flood
    Description

    According to a complaint and lawsuit filed, RPD Officer Donald M. Flood, together with Officers Michael Feldman and Evan Henry, pulled over a civilian, handcuffed him, and then beat him. The man "sustained several injuries during the beating, including a concussion, permanent blindness in his right eye, orbital fractures, diminished vision in his left eye, and multiple bruises."

    Outcome

    The City of Rochester paid the victim $750,000, which was only revealed later through an open records request

    Address Maple St
    Rochester, NY
     

    Incident 270

    Date Jul 29, 2014
    Time 06:00 AM
    Department Buffalo Police Department
    Officers Shawn D. Adams , Joseph M. Cook , Daniel Derenda
    Description

    On July 29 2014, Buffalo Narcotics officers and the SWAT team stormed a West Seneca residence on Edson Street at 6 am in the morning. The residents were sleeping with their house-dog, a nine month old pit-bull puppy named Rocky, who was beloved both in the house and within the community. Rocky had been trained and loved from the time of his birth, was very well socialized, and did not have a mean bone in his body.

    In fact, medical records show that despite the officers frightening method of entry into the residence, all Rocky did was stretch his legs at the foot of Joseph Smith, one of his owners' bed. Photos, police reports, and medical records show that two narcotics officers Detectives Joseph Smith and Shawn Adams shot Rocky numerous times with multiple firearms from over 10 feet away as the innocent dog stretched on Smith's bed.

    Outcome

    The police found a small amount of drug residue and marijuana in the cubbies of a bedroom and charged Joseph Smith, whose dog was blown up at his feet. Smith’s attorney, after a long legal battle, was able to get the charges against his client dismissed. Despite the thousands of dollars that have gone into this worthless prosecution, the DA doubled downed to protect the dog killers and refilled the charges against Smith

    Address Edson Street
    Buffalo, NY
     

    Incident 52

    Date Jun 20, 2014
    Department Rochester Police Department
    Officers Matthew T. Cushman
    Description

    According to video from DavyV Officer was parked, in traffic lane, impeding vehicle traffic

    Outcome

    none

    Address Winton Rd near East Ave
    Rochester, NY
     

    Incident 103

    Date Jun 18, 2014
    Department Rochester Police Department
    Officers Cody M. Goodfriend
    Description

    An individual brought a false arrest and excessive force lawsuit against Goodfriend. According to the court documents Goodfriend pursued the individual into his house without a warrant and they punched him and kneed him.

    Outcome

    Goodfriend's motion for summary judgement to dismiss excessive force was denied.

    Address Keller St
    Rochester, NY
     

    Incident 253

    Date May 11, 2014
    Department Buffalo Police Department
    Officers Adam E. O'shei , Robert Eloff , Michael Beavers , Daniel Derenda
    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.

    The incident occurred during a sad chapter of Buffalo history during which members of the Buffalo Police force were not only allowed to have side jobs working security for the local bars, but they were actually encouraged to do so. Despite knowing that this system created a "breakdown in the chain of command," the City's Police Commissioner felt that having visible police stationed throughout the city's bars provided an added police presence at no cost to the taxpayers.

    This policy decision was longstanding, and had produced a plethora of citizen complaints from bar patrons. The practice created a conflict of interest for the off duty police, who developed an allegiance to personnel at the bars they were supposed to be policing. The result was a long list of complaints, including underage drinking, bouncers getting away with being overly aggressive, and in some cases, the off-duty police themselves using excessive force. Although the Police Commissioner acknowledged that he considered ending the program prior to May 11,2014' that suggestion was opposed by the rank and file as well as the police union, and the policy was therefore allowed to continue. After the death of William Sager, the Commissioner terminated the policy. However, the practice of off-duty Buffalo Police Officers being allowed to work security jobs on the side continues to this day.

    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.

    In 2015, William Sager Sr., the father of William Sager Jr, filed a civil suit for damages against the City of Buffalo, the Buffalo Police Department, the Buffalo Police Benevolent Association, Buffalo Police Commissioner Daniel Derenda, Buffalo Police Officer Robert Eloff, Buffalo Police Officer Adam O'Shei, Jeffrey Basil, Molly's Pub, the shareholders of Molly's Pub, and Independent Health. The lawsuit continues to be litigated, and is pending trial. In 2015, a friend of William Sager also filed a civil suit for damages against the City of Buffalo, the Buffalo Police Department, Buffalo Police Officer Robert Eloff, Buffalo Police Officer Michael Beavers, Molly's Pub, and the shareholders of Molly's Pub. The lawsuit continues to be litigated, and is pending trial.

    Address Main Street
    Buffalo, NY