Buffalo police officers John Davidson and Patrick Garry pulled over Bruce McNeil, a Black man, on May 27th, 2019. The officers did not provide a reason for why they pulled McNeil over. The officers told McNeil that there was a problem and they needed to search his vehicle. Without reading McNeil his Miranda Rights, officers removed McNeil from his vehicle, put him in handcuffs, searched him, and put him in the back of their patrol car. The officers found nothing and let McNeil go.

McNeil believed his civil rights were violated and that the officers had no right or reason to search his car. He also found damage on the hood of his car that he said police caused during the search.

McNeil went to C-District Headquarters to file a complaint against the officers with Internal Affairs. He alleged in a civil lawsuit that Lieutenant Patrick Boice was on duty, refused to accept his complaint. Boice, told him “to leave and not return”; and “that he would go to jail if he again tried to make a complaint” because McNeil had marijuana in his car, which McNeil denied.

McNeil left, but came back to the police station, this time with his mother, who demanded that he get a complaint filed. This time Lieutenant Jenny Velez was on duty. Lt Velez explained that McNeil would be arrested for marijuana in his car if he did not leave.

Five other officers were in the room behind the front desk and could hear the conversation between Velez, McNeil and his mother. Those officers were Lt. Anthony McHugh, officer Anthony Burvid, officer Matthew Vaughn, officer John Davidson, and officer Patrick Garry. While listening, those officers conspired to allege officers Davidson and Garry found crack cocaine in the back of their patrol car after a sweep of the vehicle in the vicinity of where McNeil sat.

Officer Davidson emerged from the back room and told Lt Velez that they found crack cocaine in the back of their patrol vehicle. Lt Velez then told McNeil that he was being charged with possession of crack cocaine. When McNeil protested charge, she said that it was "too late, you should have left." Officers Burvid and Vaughn then proceeded to arrest McNeil in front of his mother.

McNeil was transported Erie County Holding Center by Davidson and Garry, was booked and placed into a cell at the Holding Center. He was later arraigned and released on his own recognizance.

Meanwhile, the Buffalo News published a story based on police account titled, "Man leaves crack cocaine in the worst place possible: the back seat of a police car." The story used Bruce's name and address.

Outcome

Prosecutors offered McNeil a plea deal, which he refused. A judge did not believe the police officers' story. Once the judge knew that McNeil was charged with possession of crack cocaine after he went to the C-District headquarters twice to make a complaint against Davidson and Garry, the judge told the prosecutor that it was unlikely he would convict McNeil.

McNeil was acquitted of all charges associated with his false arrest by a bench trial and sued the city and the police officers for wrongful arrest. The lawsuit was settled for $700,000.

A few months after the acquittal, in April 2020, Garry pulled McNeil over twice in three days — the second time driving his patrol car across a median to follow McNeil’s vehicle into a gas station. When McNeil asked why he was being pulled over, Garry told him, “I heard you didn’t accept the plea deal,” according to the complaint.

Once again Garry handcuffed McNeil, put him in the back of his patrol car, searched his vehicle, then released him with no charges or citations. McNeil filed a lawsuit in federal court in July 2020.

To date, there has been no disciplinary action taken against any of the officers involved in this incident.

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.