The city issued 15 nuisance
abatement points to Kokopellis, three each for the five arrests made during a
Jan. 25 melee, police Capt. John Cooney told @Talk1300 on Sunday.
According to the City Code, if a
building is issued 12 or more points in a 12 month period or 18 or more points
within two years, “a nuisance shall be deemed to exist and the mayor or mayor’s
designee may take action.” The 15 points are in addition to three already
assessed the Fourth Street establishment for unrelated infractions.
The owners of Kokopellis, Barry
and Joe Glick, must be afforded a hearing within 60 days of Jan. 25 and if all
the points withstand scrutiny the city could close the building “to the extent
necessary to abate the nuisance,” suspend for a certificate of use for up to
six months or revoke the certificate for up to 13 months and/or suspend or
revoke an occupational license for the same time frame as above.
Abatement points can be given to
any structure in the city for a host of infractions including drug use or
possession, junk cars, excessive noise, and violations of city code and/or
state law.
In the case of Kokopellis, Troy
police were called to the bar by two 911 calls stating that there was a massive
fight taking place. Upon entering some 10 minutes after the calls, surveillance video indicates people leaving in an orderly fashion until police attempted to
arrest Roshawon Donley. The surveillance video, and a cell phone video, show an
officer striking Donley with a nightstick while two other officers attempt to
restrain him just before place erupted into chaos.
Complaints of excessive force followed
in the days following as did cries of racism and calls for an independent
investigation into the matter. A Public Safety Committee hearing was held last
week for the public to vent its frustrations with the police department and it
was a well-attended and emotionally charged event. Another is slated for
Wednesday for the police and its supporters to respond.
The five were arrested Jan. 25 for
a host of crimes including harassment, resisting arrest and disorderly conduct.
Two were arrested after the fact for similar charges including throwing a
garbage can through the back window of a police cruiser. The last two arrests
are not part of the nuisance abatement procedure.
According to City Code, “a
conviction for an offense in a court of competent jurisdiction shall not be
required to establish that a specified violation of law has occurred at a
building, erection or place.” In other words, disposition of the criminal charges,
and if they are reduced or dismissed, have little bearing on the nuisance
abatement procedure.
After the melee – much of which
took place outside the bar – eight officers ended up injured with six going to
the hospital for the treatment of various, minor injuries.
Will be updated as more
information becomes available.
So now what happens? Shut down for two months or absolutely nothing while they appeal? Doherty must be up in arms--will he show up at this hearing too?
ReplyDeleteCity should do the same to Jack Cox on the 5th Av property as well as the 112th St property.
ReplyDeleteWould love to hear about Judge Matt Turners sudden recusal from the Coxs cases in his court room. The city is working to get a substantial per day fine on the Coxs for parking cars all over north Troy lots that he has no permission to park on. What's UP Matt? They must have hired you.
ReplyDeleteOr went in for a consultation. Who knows --but something stinks in Denmark.
DeleteWhat are the chances of the code violations being signed by Matt McGrath? As I said before he and his corrupt father are in co hoots with the cops. The cops hate Rodney and Doherty because they stand for the people not the thugs in blue. This won't go away and if Tedesco thinks he can run Mr. Glick out of town he's in for a long HOT summer.
ReplyDeleteFoil helmet time!!!!!! And it's not Kokopelli anymore it's Gogopelli and it's time to go.
DeleteBut it wont be Chief Tedesco, it will be the mayor acting vicariously through the commissioner and the deputy commissioner. For the last 3 years the PBA has been stacking up the wood pile and throwing gas... Its your fire, you deal with it.
DeleteMaybe if properties were taken care of, there would be no need for Code to do their jobs. Maybe if people didn't let their property get run down and looking like a shit hole, there would be no need for Code to visit you. Maybe, if some just followed the rule of a normal society, Code would care less about you. And Rodney & Doherty are two fools.who showed their true colors already with their screw you Troy PD attitudes, and encouraging a welcome to Troy - a great place to have a brawl and get away with it reputation. 2 complete idiots, who will cost the city money in the long term, because of their stupidity.
DeleteWill abatement pitons be issued when the cops arrest bobby for his threats? Hopefully it's up at 520 5 th
ReplyDeleteThat's enough for a closure. Common lets go. We did it to broadway brew right
ReplyDeleteConvictions not needed, however, a mere arrest does not constitute a preponderance of evidence. Talk about stretching the law, especially considering the police made the arrests. Can you say major conflict of interest.
ReplyDelete§ 205-20. Conviction not required. For purposes of this section, a conviction for an offense in a court of competent jurisdiction shall not be required to establish that a specified violation of law has occurred at a building, erection, or place. Instead, the City shall be required to prove a specified violation by a preponderance of the evidence. However, a conviction as defined and applied in accordance with the provisions of § 1.20 of the Criminal Procedure Law, in any court of competent jurisdiction, shall constitute conclusive proof of such a violation of law. Conviction of an attempt to commit a violation of any of the specified provisions shall be equivalent to a conviction for a violation of the
specified provision.
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ReplyDeleteIt is a shame that the police and the city administration are attacking Kokopellis every which way they can to divert the attention from the fact that the police overstepped their boundaries.
ReplyDeleteSure, when the police told the nice man with the warrant he was under arrest, he didnt struggle or resist... And all those hundred or so others who were brawling before the police were called were framed.
ReplyDelete