Troy cop arrested for tipping off drug dealers (UPDATED with DOCUMENTS)

GROSS

A Troy police officer was charged with tipping off suspects about a drug investigation, according to Attorney General Eric Schneiderman, which allowed the suspects to remove narcotics.

Officer Brian Gross, a 10-year veteran, is charged with one felony of tampering with physical evidence as well as two counts of official misconduct and one count of obstructing governmental administration.

“Revealing confidential information threatens the safety of law-enforcement agents and jeopardizes criminal investigations,” Schneiderman said in a statement. “It’s particularly troubling to see an officer accused of abusing his position while violating the very laws that he’s sworn to protect.”

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According to Schneiderman’s office, in 2013, the State Police Community Narcotics Enforcement Team had been investigating a drug ring in Rensselaer County. Gross was assigned to assist and had access to suspect information and information regarding the timing and location of search warrants.

In February, investigators executed search warrants at five locations where drug activity was observed - they found nothing and nobody was arrested.  

One of the residences searched was that of a suspect identified as “Person #2.” This person subsequently informed investigators that he’d been told by “Person #1” of CNET’s investigation into “Person #2” for drug trafficking and that a search warrant would be executed in the next few days.

According to the complaint, “Person #1” admitted receiving this information directly from Gross, who arranged in-person meetings via text message.

Further investigation revealed that Gross allegedly warned that “Person #2” had better “watch [his] back” because he had come to the attention of the State Police.

IPA photo

According to the felony complaint filed Wednesday, in the week prior to the execution of search warrants, Gross, again warned that there better not be any drugs inside the home of “Person #2” because “there was a good chance the police would be getting a warrant.”

In interviews with investigators, “Person #1” acknowledged warning “Person #2” to remove any drugs from his residence, based on the information from Officer Gross.

"The actions of this officer not only interfered with highly sensitive intelligence gathering on drug activity, it put the lives of our law enforcement officers in jeopardy," State Police Superintendant Joseph D’Amico said in a statement. "The success of these types of narcotics investigations could not be achieved without the hard work and dedication of our members working closely with our partners in law enforcement. It is unfortunate that this officer chose to breach that trust, abuse his authority and undermine a criminal investigation."

Gross, according to Talk 1300, is represented by attorney Steve Coffey, who told Channel 10, his client is innocent.

"We just met last night. We came in this morning I got to talk to him. I asked him he said I'm not guilty and beyond that I haven't had any discussions with him," Coffey told the television station. "I haven't talked to the Attorney General. I haven't really talked to Brian but that's where we are. There are serious allegations but we're defending them."

Gross pleaded not guilty in Troy City Court in front of Judge Chris Maier Wednesday morning. he was accompanied by Coffey and Police Benevolent Association President Bob Fitzgerald as well as a contingent of police officers. Protocol calls for him to be suspended without pay for no more than 30 days, at that point the department will determine what direction it takes regarding his future employment.

Gross was a member of the Emergency Response Team, an elite squad similar to a SWAT team, and spent time at the now defunct Special Operations Section, a squad that focused on long term drug investigations.

Police Chief John Tedesco said it was a "frustrating" situation and that he was aware of the State Police investigation since it began in February.

"He was a very competent and popular officer," Tedesco said. "There was a lot of work here and the career of a very good officer has been lost."

 

 

 

Gross Felony Complaint