Sunday, November 24, 2013

Troy cop at center of controversy previously accused of abuse


FOGARTY LETTER
The police officer at the center of the controversial release of a report that found he used excessive force was accused of abusing another suspect months earlier.

According to documents, Officer Kyle Jones was found to have used excessive force while arresting Cohoes resident Frank Fogarty on Dec. 23, 2012. He was also accused of using excessive force while arresting Brian Houle, of First Street in Troy, on June 26 of the same year. The second incident was just days after a bizarre Facebook exchange between the two and then a telephone conversation where the two debated the meaning of a hero.

According to the April 18 letter Chief John Tedesco sent Fogarty: “I write today in response to the personnel complaint you initiated by you alleging that Officer Kyle Jones caused you to suffer physical injuries during your arrest on December 23, 2012.

“An investigation into this matter has concluded, and it has been determined that Officer Jones did utilize excessive force against you. Please know that any remaining actions taken on this matter will be administrative in nature.”
FOGARTY STAPLES
AND A PHOTO OF
HIS BRIUSED RIBS

I’m not sure what “administrative in nature” means but I’m told it is non-criminal, and can include anything from a written reprimand, to a suspension without pay, to termination.

According to documents, at around 1:30 a.m. Fogarty was arrested for fighting at the intersection of Broadway and the Franklin Street Alley. When Jones tried to place him under arrest, Fogarty resisted; and his wife helped. They allegedly succeeded in their effort to resist, and they were charged because of it. They were also charged with harassment and Frank had a disorderly conduct charge thrown in too. Fogarty filed an official complaint alleging Jones used excessive force and an Internal Affairs investigation determined that to be the case.

Force, of course, is a necessary evil in law enforcement, as police officers are, at times, called upon to put people in handcuffs and take them to jail. Understandably, many would rather not see that happen. I am not going to guess what constitutes an excessive use of necessary force because I’m sure there are a number of variables in any given situation.

I’m not sure those variables include the definition of “hero,” however.

On June 26, 2012 Jones and others arrested Brian Houle for disorderly conduct and resisting arrest in front of his First Street home. Four days prior to the arrest, Houle, a freelance photographer, called himself a hero on the social media site Facebook for putting out a car fire in Lansingburgh. Jones took exception using the word hero, questioned whether there was even a fire and after posting his thoughts on Facebook engaged in a lengthy telephone debate with Houle over the definition of hero. Of course, Houle recorded the entire conversation and while Jones may not have directly threatened Houle, he came pretty close. An IA investigation found Jones did not use excessive force but did violate two Code of Conduct provisions, including the one where an officer is required to maintain a degree of impartiality.

I’m still kind of confused as to why Jones decided to arrest Houle (pictured at right shortly after his arrest) in the first place. Houle claims he was targeted because of the earlier not so friendly interactions. Jones claims Houle jumped out in front of his cruiser to provoke the arrest. Witnesses and Houle claim he was beaten by the officers’ flashlights – yes it’s plural because Jones did call in backup. While other witnesses and police claim Houle was beating his head against the cruiser’s windows.    
Anyway, now the Police Benevolent Association is upset with the fact Tedesco released the letter to Fogarty and wants the IA to investigate. The chief says he’s done the same thing scores of times and wants the FBI to investigate the allegations. The chief waived his right to confidentiality and has invited the press to sit in on his IA proceeding. A gutsy move for sure.

The PBA and its president, Bob Fitzgerald, have been quiet as of late because they got their guy, Commissioner Anthony Magnetto, in to oversee Tedesco and the Police Department. But, Magnetto said he might step down early next year and the PBA has to start dirtying up Tedesco again so Mayor Lou Rosamilia appoints another commissioner to keep the chief in check. If you remember, Tedesco, who was appointed chief by then Mayor Harry Tutunjian, tried to shake things up at the TPD by disbanding some tired and ineffective bureaus to make things run more efficiently. He succeeded, but it did irk the PBA which would like nothing but the status quo. (photo above is of Tedesco and Jones during the latter's swearing in.)

This one is not over by a long shot. We have the IA investigation into the chief and Houle and Fogarty are suing the city with Danielle Neroni and Trey Smith representing, respectively. Houle was found not guilty of the criminal charges. It's unclear the disposition of Fogarty's case.





35 comments:

  1. Brilliant writing Jim. The only problem is you'll have to spend your entire Sunday afternoon reviewing all the comments from Fitz and the Tantrums(PBA).

    ReplyDelete
  2. The real question is why is this guy still a cop! He's a dangerous guy who should never be a cop.

    ReplyDelete
  3. The same cop while employed as a No.Greenbush cop beat an unconcious man at the intersection of Williams and Bloomingrove in 2011 but its believed that he already had the nod for the job as a Troy cop so I believe that was swept under the rug happy to just see him leave their town.

    ReplyDelete
  4. He is also the cop who is under investigation for beating a man at the a aftermat of Magnettos bachelor party at Bootleggers

    ReplyDelete
  5. This cop after repeated allegations of misconduct and brutality still has his job? It doesn't take a rocket scientist to see the pattern here! Looks to me as though Internal Affairs and the PBA (for obviously protecting this guy) have a lot of explaining to do! I'm also curious as to what the Police Review Committee recommended after their review of the incident(s). So far we've heard nothing about that committee at all and wasn't it supposed to bridge the gap between the public and the TPD. What a snake pit!

    ReplyDelete
  6. Lou and Monica's new plan for economic development close every bridge in and out of troy. Great job. It's a travesty they let vic go for this woman.

    ReplyDelete
  7. Kyle jones is dreamy

    ReplyDelete
    Replies
    1. no kidding:
      http://www.timesunion.com/local/article/Photos-Troy-promotes-police-1353129.php#photo-956651

      Delete
  8. The letter states that the investigation was concluded, not preliminary.

    The letter dated April 18th was CC'ed to both IA and Officer Jones, so why exactly 7 months after the letter was written is Tedesco being brought to the IAB?? So the IAB and Officer Jones knew back in April the letter said it was concluded and sent to the complainant, why act now?

    How many allegations of misconduct and excessive force will it take before Officer Jones gets fired? Will it take him using deadly force before he is removed from his power trip?

    Why is the PBA protecting Officer Jones?

    The blog also states that there is a lawsuit pending against the City by Fogarty, so why would they wait until after they get sued before they blame the Chief?

    - Inquiring minds want to know

    ReplyDelete
  9. Well once that party is paid for and wedding we can go back to normalcy with a police chief that knows what he's doing rather than this hack out to pay for his sons weddin

    ReplyDelete
  10. No comment from collar city brownstain?

    ReplyDelete
  11. Bad move by Fitz and his fans Lou and Pete. In trying to bloody up Tedesco they succeeded into making him out to be the hero, which is far from accurate. Add that to Fitz brings us a contract offer with 2-0-0-0 for four years starting from 2011 and tells us it's good. I hope all my brothers and sisters in blue take notice as we're being abused by the media, the administration and our own PBA president.

    ReplyDelete
  12. Man, I'm startin to feel sorry for the cops!

    ReplyDelete
  13. Does the party at bootleggers have anything to do with why Zuul of the new peepers didnt run for reelection to the county leg? Is she comfortable in her broom closet next to Pete?

    ReplyDelete
  14. This has nothing to do with this post, but I was over to Lucas Confectionery this weekend, and I've got to tell you --I was really impressed with the great work Vic has done with the property. Same goes for the grocery store. He seems to have a great vision for the future of downtown. Too bad we don't have someone of his obvious talents leading the charge at the Economic Development level for the city. Guess he didn't look as good in a skirt.

    ReplyDelete
    Replies
    1. Lots of nice skirts drinking at Vics

      Delete
    2. What about dr death in his carhart skirt.

      Delete
    3. Big and blond and gets down and dirty. Just the way I like em!

      Delete
    4. Yeah, but the farmers market queen can't pull off the skinny tie thing like Vic either

      Delete
  15. Not sure who in the kingdom of the fifth floor looks good in a skirt but I rather have vic in a skirt any day rather than whats there now

    ReplyDelete
  16. Sounds to me like there is a lot going on behind those badges. I pray to never run into this Officer. I fear his actions to the innocent tax payers of Troy. I also followed the criminal charge of Houle at trial. Jones on record admitting to throwing punches at Hule, this is one guy that needs to be stopped before someone ends up dead. It's a shame to the whole department. If Jones was fired after beating up Hule, just perhaps Frank Fogarty may had never been a victim of Kyle Jones.

    ReplyDelete
    Replies
    1. Brian Houle didn't deserve that type of beating. This kid should have been thrown off the force right then & there. He also apparently has some maturity issues to go and accost someone over something said on Facebook. Eventually, a cop with an obvious chip on his shoulder, is going to do nothing but cost the taxpayers allot of money down the road. I wish this mayor had a set and did something about this testosterone fueled idiot

      Delete
  17. Lou think I'm funny with my bid Ferris wheel is huge attraction and each ticket I sell I can afford to move off king street and stop complaining Maybe I have extra money and not raid city hall fridge

    ReplyDelete
  18. Why are all the conflicts of interest one sided? There are so many personal favors being made at the tpd it would make your head spin .None of them should be pointing any fingers at anybody. I call for a state or federal look into the department as a whole. Have the state or feds interview everyone in the City.

    ReplyDelete
  19. Remember when the cops shut down Broadway Brew for no reason as a favor to the neighboring bar. There is a story there too along with the copper bachelor party beat down of an innocent bystander. The victim was hushed and pressured into not pressing charges against the PD. It will all come out soon....

    ReplyDelete
    Replies
    1. Oh good --another scandal! Keep voting Row A people. You reap what you sow. Conroy misappropriating HUD funds on a house he was part owner of, J Boyle taking nude pictures of the teen boy at Dem HQ, J Buchanan stealing all that money, Voter Fraud, Council people under indictment, or signing agreements of cooperation while serving, tearing down a old building without any asbestos abatement --next door to a restaurant with an outdoor patio, repeated disregard for the City Charter,etc. etc etc. Vote Row A all the way.

      Delete
  20. Lou looks great in a skirt and high heels. He will go down as the worst mayor the city of Troy ever had.

    ReplyDelete
  21. Why would Tom Wade pay 180,000 for a home in Highpointe last summer and continue living on 5th Av in the Burgh.

    ReplyDelete
    Replies
    1. Maybe it's his summer home. Speaking of people who summer in Troy and live in Brunswick during the winter --wonder what he put down as the primary address when refiling for the STAR this year. You better watch out --hohoho

      Delete
  22. I don't like buell ll I live on king street. Hopefully my whining and complaining will get me money to leave this neighborhood. I don't like bombers why would I want anyone to invest in my neighborhood. I don't like that Buell is successful. I angry at the world

    ReplyDelete
  23. Thanks Rich now your my judgeNovember 27, 2013 at 5:20 AM

    Better yet, how can Tom Wade afford to? Skimming off the top for years. He should have been indicted years ago.

    ReplyDelete
  24. As a loyal Republican, I say sure, get rid of Wade and bring in the Misfit Mafia, aka, Delusional Bunch. Wades been kicking our ass for quite a few years now. Your new leader will also give sound advice on marital harmony.

    ReplyDelete
  25. Jim, Houles hero firefighting was in regards to a car into abuilding on the bottom of Stow Ave.

    ReplyDelete
  26. Houle is touch hole

    ReplyDelete