Sources: Owner of Kokopellis was the shooter; likely to face charges

Sources say the co-owner of Kokopellis is the one who pulled the trigger in a shooting at the Fourth Street bar early Sunday morning and will likely face charges.

Joe Glick, who owns Kokoeplli’s with his father Barry, was questioned last night by police but sources say he quickly consulted an attorney and was released Sunday morning.

By mid-week, Glick will likely be formally charged with aggravated assault or similar crimes in the shooting of an unarmed black man Sunday morning, according to sources. The victim, who was treated and released from a local hospital, has not been cooperative. However, sources say there are at least two witnesses.  

Police are still trying to piece together a motive for the shooting - which will determine the charges - and it’s unclear if Glick owned the handgun or if it belonged to someone else at the bar. Police are still trying to determine if it was legally registered, if the owner had a permit or it was an illegal weapon.

Also, search warrants are in the works to confiscate video that may or may not have been taken from cameras at the bar. The Glicks made much of the sophisticated surveillance system they have in place in the wake of a Jan. 25, 2014 melee during which eight police officers were injured and that sparked cries of police brutality and discrimination.

TEDESCO

On Jan. 1, the Glicks announced they were shuttering the bar and placed blame squarely on the Troy Police Department. While the bar may not be open on a regular basis, the Glicks have not surrendered their liquor license and are still legally hosting private parties.

“Kokopellis is closing as a result of an incident that occurred in January of 2014 in which the Troy Police department brutally beat a patron for no reason, which caused some uproar from the community,” according to a statement posted on the social media site Facebook. “Owners Barry and Joe Glick spoke out against the Troy Police Department for their actions and since that time, they felt they have been targeted and harassed.”

BARRY GLICK

On Jan. 25, 2014, police answered a 911 call about a brawl at the bar. The Glicks say bouncers had spotted someone smoking marijuana on the second floor and, despite a scuffle, had everything under control by the time the TPD arrived at the scene.

A cellphone video showed a handful of police officers beating a black man, Roshowan Donley, with nightsticks and then forcibly restraining him. Surveillance video released by the Glicks show police entering what appeared to be a peaceful scene of patrons leaving the bar. The Glicks, during public forums hosted by the city Council, claim everything was under control until police started harassing the clientele.

Barry Glick, during one of the forums, infuriated many citizens, and officers and Troy Police Chief John Tedesco, by likening the TPD to the KKK while other citizens held marches to protest what they claim is rampant police brutality with minorities more often than not the victims.

The Glicks have filed a notice of claim which is the first step in a formal lawsuit against the city.

Tedesco was unavailable for comment.

More information as it becomes available.    

Some observations on the Kokopellis lawsuit

As expected, the owners of Kokopellis have filed a notice of claim against the city and Police Department, more for the aftermath of what transpired on Jan. 25 at the Fourth Street establishment than the melee itself.

The bottom line is Kokopellis owners, Barry and Joe Glick, feel the city and Police Department are harassing the establishment, causing them to lose business with the ultimate goal of putting them out of business.

And, since the city handled the incident so badly – and the fact owners’ Barry and Joe Glick have hired Elmer Keach who is known for suing the pants off law enforcement and winning – I would say the city is in pretty close to a no-win situation.  

Since every news outlet in the area has reported the fact the document has been filed, let’s take a look at each element in the notice of claim, which of course is not the formal lawsuit. The formal suit, to be filed in federal court unless the city pays an undisclosed amount of damages, will eventually include a bunch of under-oath depositions - and those should be an interesting read.

GLICK

Phrases in italics are what are stated in the notice, the phrase following are my observations.

-During the evening of Jan. 24 and/or the morning of Jan. 25, Kokopellis hosted a party for individuals celebrating the life of their recently decease friend, Darzee Reid.

That much is true. Reid was shot to death on an Albany Street in April, 2013 in what was widely seen as a gang related hit. When Judge Stephen Herrick sentenced 27-year-old Leonard Spence to 21 years for the shooting, he described the killing as perpetuating a cycle of violence since Spence’s brother was gunned down a year earlier. I say gang related because Spence mistook Reid as the guy who actually shot his brother, which means who actually did the shooting is still at large.

That is probably one reason police set up the Mobile Command Center outside the bar at 10 p.m. on Jan. 24 and decided to put on additional troops – they were expecting problems and were prepared, if not looking for, a fight.

-During the party, Joseph Glick and his staff smelled marijuana on the second floor of their club. In response, Joseph Glick directed his staff to shut down the club and contact the Troy Police Department.

Incidentally, one of Kokopellis’ staff was assaulted by a patron who tried to push his way onto the second floor that was now closed. The Troy Police Department was called again in response to this assault.

I don’t think any of that is in dispute.

-At approximately 2:45 am, numerous Troy Police Department Officers stormed into Kokopellis and brutally assaulted a number of Kokopellis’ patrons.

“Stormed into the bar” is not an accurate description. The surveillance videos show the police walking into the bar while patrons were leaving in what appeared to be in an orderly fashion. It wasn’t until police went to arrest Roshawan Donnelly that all hell broke loose and police started hitting him with nightsticks.

-The Troy Police Department tried to justify their behavior by claiming that the patrons tried to assault police officers who were attempting to maintain order. However, the Glicks, who wanted the public to know what actually happened in their club, released videotapes of this incident to various media outlets. The video from Kokopellis directly contradicts statements by the Troy Police Department about the events that took place at Kokopellis, and further demonstrated the excessive use of force by several Troy Police Officers.

That much is true, but I don’t think the bar can sue over whether the police used excessive force or not. The patrons certainly can, and it’s just a matter of time before those suits are filed too.

-In order to shift the blame for their outrageous conduct, the Troy Police Department, including Chief Tedesco, made a number of blatantly false comments about the Glicks and engaged in a campaign of harassment against the claimants because of the Glick's efforts to inform the public.

There certainly was a war of words and of video – or better put a war of interpreting the videos. Who won depends on who you talk to as there are just as many standing behind the police and bashing the bar as there are bashing the police as racists. In the end, I don’t think anyone knows how the courts will rule on this one or if it even matters.

-For instance, on the night of the incident, Troy Police Sergeant Carillo told Joseph Glick, Barry Glick and other Kokopellis employees, that when he was done with "this bullshit paperwork. I am going to take your liquor license."

I know Carillo and don’t doubt for a second he said what he’s accused of saying. And the notice claims there are witnesses too. But, I have no idea if that violates anyone’s rights or not.

-Shortly thereafter, and despite the Glick's full compliance with the police department's investigatory efforts, the Glicks were turned into the State Liquor Authority by, upon information and belief the Troy Police Department.

The SLA is investigating and I have no doubt it was based on a complaint, or at least a tip, by the TPD. I don’t know how compliant the Glick’s have been in helping the police investigate. If they were compliant, it certainly wasn’t a long lasting partnership.

-Currently, the Glicks are defending an action by the State Liquor Authority wherein one of the possible penalties is revocation of their license. Additionally, one of Kokopellis" bartenders was recently arrested for serving alcohol to a minor despite that conduct being a ticketable offense and video depicting that minor providing appropriate identification.

That much is true too. The police did point to a section of video that showed someone they claim was underage purchasing alcoholic beverages from the bartender in question. I don’t think police would make up the underage person and then alert the press about it unless it was true, and if it’s a fake ID then I think the bar is still culpable. Also, I think the difference between an arrest and a “ticketable offense” is splitting hairs because she did turn herself into the TPD.

-Since the incident, Troy Police Department officers have parked their cars outside of Kokopellis almost every night causing Mr. Glick to lose a tremendous amount of business. Troy Police Officers have been stopping and towing cars that park near Kokopellis including a friend of Joseph Glick.

I don’t doubt any of that in the least. But, police are known to patrol that area of Fourth Street and known to long before Jan. 25. As far as towing cars goes … I have no idea if police targeted patrons but I wouldn’t be surprised if they did. I also wouldn’t be surprised if they had reason, even if the reason was largely overlooked in the past.

-High ranking Troy Officers, including Chief Tedesco and Captain Cooney, in addition to the Police Benevolent Association President, Bob Fitzgerald, have also made public and blatantly false statements about Kokopellis.

Yep, that much is true too. It’s been a war of words and rather than sit back and let it play out the TPD and city did respond.

-For example, statements have been made indicating that the Glicks were responsible for the escalation of violence because Kokopellis was over capacity on the night of the incident and that patrons were throwing glass bottles from the bar at police officers.

The Glicks maintain their current Certificate of Occupancy does not have any limit, which, if true, then someone didn’t do their job and assign one. There is a sign saying no more than 99 people are allowed on each of the three floors hanging within the establishment but the Glicks say there were 245 according to the bouncer’s counter.

As far as the glass bottles thrown at police officers go, I’m told by a good source they came from Gino’s Pizza located across the street from the bar not from the bar itself.  

-On January 28, 2014, several Troy officers produced a search warrant to Joseph Glick at

Kokopellis. The search warrant strictly limited the search to video and audio surveillance equipment. Nevertheless, Joseph Glick caught Troy Police Detective Becker on video searching through cabinets in the basement of the establishment.

If true, and it probably is since the Glicks do have a sophisticated surveillance system set up at the bar, then that’s a problem for the TPD.

-Further, on January 31. 2014, another Troy Police Officer attempted to enter Kokopellis without any identification. After being prohibited entry into the establishment, the officer lifted his shirt revealing his police badge and stated "is this enough fucking identification for you?" After still being refused entry and refusing to give his name and badge number, the officer advised Kokopellis staff that he was an undercover Troy police officer and would be across the street watching the bar.

I don’t know if that is such a big deal or not. It’s not the first time Troy police have sent an undercover cop into a bar and certainly not the last.

-These are just a few of the many incidents of harassment perpetrated by the Troy Police

Department. As a result of the harassment, the Clicks have lost thousands of dollars in revenue from their establishment and suffered significant emotional distress. Moreover, the Clicks have had to close Kokopellis on Sundays and Mondays and close early on Tuesdays because of the reduction in business.

Seems to me if they opened up on Sundays and Mondays and stayed open to normal time on Tuesdays they would make more money not less.

This one is far from over and I don’t know how the city can settle its way out of it since they have defended their actions time and again since shortly after the actual melee. If they settle, it shoots all their posturing as just that … posturing.   

 

 

 

Did police walk into an inferno or throw gas on a candle? (UPDATED)

I may as well head right into the “Questions” segment of the program because that’s all I have regarding the melee at Kokopellis Saturday morning. Let me first say, however, this isn't about supporting or not supporting the police ... it's getting to the bottom of what happened. If the police screwed up they should be held accountable  - just like anyone else. If they didn't, they didn't. It's really as simple as that and only an outside investigation will answer the question.

-On Wednesday, Troy police released radio transmissions from officers outside the bar calling for help in controlling an unruly and aggressive crowd, but they are not time stamped so when they were the calls made? The department also released transcripts of two 911 calls made at 2:37 a.m. One by the bartender and another by an unidentified caller, who claims there were 100 people fighting. Despite media reports, there was no audio of the 911 calls released to the public.

-There is 30 minutes of video, from four different angles, taken from inside the bar beginning at 2:47 a.m. which disputes the 911 transcript in that it looks like a pretty orderly crowd. On Thursday, on the Times Union website, bar owner Barry Glick said there was a disturbance but it was under control by the time police got there. We don’t know what happened prior to 2:37 a.m. outside of the 911 transcripts. Again, did the radio transmission occur before or after the video footage? Is there any footage of outside the bar?

-If there was chaos outside the bar at or before 2:47 a.m., however, why did half a dozen officers decide to come inside the bar? (photo to the left is of Roshowan Donley, who police arrested in the bar. It can be seen on the videos.) The question then becomes did police use excessive force when they arrested Donley or did they use only the force necessary to place him under arrest?

-Why is it the incident reports, also as reported by the Times Union, claim police showed up at the bar and were greeted with chaos when the Mobile Command Center was set up on Fourth Street at 10 p.m. Friday and were there until at least 3 a.m. Saturday? In other words: Police were already there, and there with an extra four officers on special duty in anticipation of problems. So when, and how, did everything get so out of hand?

-Where is Mayor Lou Rosamilia? I give him credit for backing up the police pending an investigation but he needs to make a public appearance and not just issue a statement. Obviously, there is a good chunk of the community who thinks police used excessive force and a good chunk who don't think they did. the mayor should be front and center to diffuse what is an already explosive situation.

-Why isn’t anyone in city government calling for an independent investigation outside of Chief John Tedesco. I find it kind of ironic that he and Rev. Willie Bacote are on the same side of anything, but they are on this one. Police Commissioner Anthony Magnetto, Rosamilia – as reported on Channel 13 – and Police Benevolent Association President Bob Fitzgerald all say the investigation should be done in house by Internal Affairs. Why, though, would they want to keep it in house?

-And the question everyone wants, and deserves, an answer to is: Did police throw gas on a candle or did they walk into an inferno?

I don’t know the answer to the last. I wasn’t there. And there is more to the story than just watching the video and/or listening to radio transmissions. What I do know is the only way to get an answer that satisfies everyone involved is if someone besides the Troy Police Department conducts a thorough investigation as the chief, Bacote and the Times Union are calling for.

-Two other questions readers came up with are: Does Donley have a criminal record and if Kokopellis had been issued nuisance abatement points in the past? Anyone know the answers?

  

Police were prepared for problems at Kokopellis

FILE PHOTO OF COMMAND CENTER

On Friday night, hours before the riot broke out at Kokopellis, police had its Mobile Command Center set up on Fourth Street and had four extra patrolmen on duty, according to two sources whose information was confirmed by Capt. John Cooney.

The precautions, in place at 10 p.m. Friday, were on the count of police expecting a "large gathering" at the bar," said Cooney, the department spokesman. 

The question then becomes, if police were expecting problems, how did the situation deteriorate to the point where six officers ended up in Samaritan Hospital?

FACEBOOK PHOTO
OF DONLEY

Cooney said the command center and additional officers were outside when the call came in at approximately 2:45 a.m. Saturday about one of the bar’s employees being assaulted - but not inside the establishment. More than 200 people, and some say upwards towards 350, were attending a memorial service for Darzee Reid, a Troy man who was shot to death in Albany on April 18, 2013 by Leonard Spencer.

According to police, some officers went inside where they were punched, jumped on, had bottles thrown at them, sprayed with pepper spray and at one point a patron sprayed a fire extinguisher. Outside, someone threw a garbage can through the window of a police cruiser and other police agencies were called in to assist.

According to Channel 13, the bar’s owner, Dr. Barry Glick, claims the crowd was civil until police entered and tried to arrest 25-year-old Roshawon Donley for assaulting the employee. A video taken from surveillance cameras inside the bar, and televised by Channel 13, seems to back up Glick’s claim that all hell broke loose after the officers entered and the fire extinguisher was sprayed into the crowd.

It’s shortly after that, according to Channel 13’s account of what transpired, the explosive video shot by someone using a cell phone picks up the action. That 44-second clip can be seen below.

In all, five other people were placed under arrest but at the time of this writing none of them were charged with assault – which is why the police were initially called - or any drug related offense. The alleged assault on the employee reportedly occurred when he tried to stop patrons from smoking pot.

Other questions that no one seems to have an answer to:

-Again, how did police allow the situation get so far out of control if they were expecting problems? Was it the commanding officer at the time or the guys in the field who screwed up? I don’t say that lightly, but when six officers end up in the hospital, someone screwed something up.

-Cooney is quoted as saying police used appropriate force while arresting Donley, but how do they explain the 44-second video clip? Also, how did Donely get the black eyes if appropriate force allows officers to hit a suspect in the body’s larger muscles but not the head? I’m told the injuries seen in the video came during the alleged fight with the employee but who knows?

-Why isn’t the fact everyone carries a cell phone, and every cell phone can take a video taught at the police academy?

-Will the administration and/or Council, stand by the cops involved or throw them to the wolves? At this point in time I would be surprised, and disappointed, if they didn’t back up the officers pending a thorough investigation.  

-I did reach out to Donley’s cousin in the hopes of talking to him and the cousin, who goes by the Facebook name of Quanto Quanloo, told me Donley isn’t talking until he confers with an attorney. The next logical question is how much is the civil suit going to be worth?

-How bad will race relations get in Troy? There are already a number of inflammatory comments on Facebook, some of which have been taken down? I don’t think race had anything to do with it but anyone want in on a pool guessing when Rev. Willie Bacote will hold a “march for peace?” There is a rally slated for 6 p.m. Monday in front of the Missing Link Zion Church at 101st Street and Fifth Avenue.

Melee at Kokopellis; video disappears (UPDATED with VIDEO)



The explosive video from the melee inside Kokopellis bar in downtown Troy showing a cop using a Billy club on an unarmed man has disappeared.

I watched it on Facebook at about 4:30 p.m. on Saturday, and while it was shared by a number of people - nearly 300 if I remember including Council President Rodney Wiltshire - I can’t find it anymore anywhere on Facebook.

You can, however, now see the video on YouTube: 

The 44-second video does only show what I hear is a fraction of what actually transpired at the bar known for problems. The most damaging segment, if you’re a Troy cop, shows an officer beating an already beat up black man with a night stick. Two other officers join in and appear to kneel on him to hold him down while a woman is screaming “stop it, stop it.” Other officers are either watching the thrashing or standing guard apparently making sure nobody interferes.



From Facebook

It’s a brutal scene, and I’m not sure how the police can justify it, regardless of what happened before or after. At the time of the beating, it does actually appear the police have the situation under control too.

There is also a photo of a man on Facebook who claims his cousin was beaten up by cops but it doesn’t appear to be the one in the video. It’s posted by a guy going by the name of Quanlo Quanloo.

As I've said before, I’m glad I’m not a cop because I’m sure they get amped up just like every other person on the planet would if in a similar situation. The difference is police are trained to not give into their emotions and beat people up for what appears to be no other reason except it was, by all accounts, a pretty ugly scene.

Here is what we know so far, according to a number of media reports and people I have talked to:

-Police were called to the Fourth Street bar by the owners because a fight had gotten out of control.

-Ten Troy officers showed up and were not warmly welcomed by the unruly crowd that some say was in excess of 300.

-After the melee six Troy cops were taken to the hospital with a number of injuries consistent with having been on the bad end of a fight, bottles were thrown at them, some were pepper sprayed and one had a fire extinguisher sprayed at him. Someone tossed a garbage can through the back window of a cruiser. A number of other agencies were called into assist.

-Six patrons were arrested for crimes including disorderly conduct, harassment and resisting arrest.

-Rev. Willie Bacote (pictured above right) is already front and center on social media rallying the masses and screaming racism. If he hasn’t already, I’m guessing he will organize another march in protest of police brutality in the very near future. I know of no one who is in favor of police brutality – black or white – and somehow I don’t think police were thinking about the person’s color when they were spraying pepper spray or throwing bottles.

-There are video cameras in the bar so hopefully we will see the entire scene and not just a 44 second snippet.

-This comes on the heels of two higher profile beatings by Troy police as well as another on Christmas Day. In the first Officer Kyle Jones was cleared of using excessive force while arresting Brian Houle in June 2012 after the two got into an argument on Facebook over the definition of a hero. Houle now has a $3 million lawsuit pending. In the second, Internal Affairs confirmed Jones used excessive force while arresting Frank Fogarty in December, 2012. That one is still causing a ruckus. The third, a police officer allegedly beat a man already under arrest in the Police Department and it’s captured on video tape. Fogarty and Houle are white, by the way.

-It comes at a time when there is chaos in the TPD hierarchy with Police Commissioner Anthony Magnetto is going back into retirement and Police Chief John Tedesco is threatening a lawsuit if he doesn’t get back control of the department’s day-to-day operations.

In the end, there is no way this one goes away anytime soon.