Troy Council to vote on excessive force settlement

HOULE shortly after his 2012 arrest

The City Council will vote to settle for $60,000 a federal lawsuit brought by freelance photographer Brian Houle at next month’s meeting.

The ordinance, which the Council will first discuss at the Finance Committee meeting on Nov. 20, will satisfy claims that officer Kyle Jones and others used excessive force while arresting Houle on June 26, 2012 in front of his South Troy home.

Prior to the questionable arrest, Houle and Jones got into a dispute on Facebook over what constitutes a “hero.” Houle referred to himself as one as he described how he extinguished an automobile fire after an accident.

Jones disputed there was a fire, Houle took exception. Jones then called Houle and the two continued the debate on the phone – a conversation Houle recorded and distributed to the media. Jones didn’t outright threaten Houle but he came close.

He was arrested for resisting arrest and disorderly conduct for allegedly blocking traffic during the early morning hours of June 26, 2012.  Those charges were dropped.  

Houle’s lawsuit, filed in U.S. District Court, named Jones and other officers as well as Chief John Tedesco, for failing to supervise or train his officers, and the city.

He initially asked for $3 million.

Internal Affairs investigated Houle’s claims against Jones and found the officer violated the department’s computer policy but did not use excessive force.

If the Council does not accept the mayor’s recommendation to settle, the case will proceed to trial.

Houle is represented by attorney Danielle Neroni.

The FBI and the TPD

The FBI has decided not to pursue a full blown investigation into two other allegations of excessive force filed against the Troy Police Department.

According to Police Benevolent Association President Bob Fitzgerald, the request to look into the actions of Officer Kyle Jones during two 2012 arrests will not result in anything more than a cursory look. This comes on the heels of the FBI determining the Kokopellis melee of Jan. 25 did not warrant a full blown investigation either.

HOULE

In June, 2012, Jones was accused of using excessive force while arresting freelance photographer Brian Houle. Days prior to the arrest in front of Houle’s South Troy home, Jones and Houle got into an argument on Facebook over the definition of “hero.” Houle called himself such after putting a car fire out, Jones took exception and called Houle to tell him as much. Houle, of course recorded the conversation and while Jones didn’t outright threaten him, it was close.

Days later, Houle, Jones was on patrol in South Troy, attempted to arrest Houle for some petty crime, Houle allegedly resisted and got beat up pretty good.

FOGARTY'S HEAD

Houle currently has a $3 million lawsuit filed against the city. Jones was found to have violated the department’s internet policy and standards of impartiality. I don’t think there is such thing as “violating good judgment” or “thumbing your nose at common sense” in the police officer manual but if there were he would be guilty of those too.

Anyway, in December, Jones tried to arrest Frank Fogarty in downtown for disorderly conduct and Fogarty and his wife allegedly resisted. An Internal Affairs investigation found that Jones did use excessive force, but the PBA claimed Chief John Tedesco released the letter to Fogarty too soon and filed a complaint against the chief for doing so.

Along with allegations of excessive force after the Jan. 25 Kokopellis melee, the two complaints were sent along to the Justice Department by the Troy African American Pastoral Alliance.  The FBI took a look at all three and decided not to conduct a full blown investigation into any of them.

TEDESCO and JONES

In addition to Houle’s civil suit, Fogarty filed one too, Kokopellis has already filed a notice of claim and I’d be willing to bet it’s only a matter of time before Roshwon Donley, the man captured on cell phone and surveillance videos getting hit by police with nightsticks, files one as well.

Some good did come out of the allegations, however. The Police Department has revamped how it takes complaints – in that they are actually taking them seriously – the Police Objective Review Committee is taking a more active role and there is a separate entity, the Troy Citizens Complaint Board, to assist residents file complaints and see the police follow through with the investigation.

In the end the allegations did have some lasting impact:

DOHERTY

-Tedesco came out on top by forwarding everything to the FBI – whether he knew the outcome or not – and got control of the TPD’s day-to-day operations back.

-Not that the TPD didn’t take the more serious complaints seriously, but now officers know the minor ones will too.

-Kokopellis brought to a head what citizens called a systematic, longtime abuse at the hands of police officers. I’m not sure how widespread it was – or if it was institutional racism as indicated by a number of residents – but obviously there was something there based on the number who showed up at the Public Safety Committee meetings to complain and by Tedesco’s own words.

-Despite the FBI, the nation's lead investigatory agency, opting not to pursue the complaints, Councilman Bob Doherty, D-District 4, still wants a district attorney to take a look at possible criminality. I just don't see that happening.  
 
 
 
 

Not fair to paint the TPD with a broad brush

Wow, can it get any worse for the Troy Police Department?

Two more claims of excessive force, the FBI requested more files from Internal Affairs, more allegations of police brutality, the Kokopellis chaos continues with another arrest and yet another video, racial tensions show no signs of easing and the lawsuits keep piling up with, I am sure, more to come.

I won’t reiterate anything that has already been written, but click the links at the bottom to see the reports.

Terry Kindlon an attorney representing Archie Davis, who was allegedly beaten by Officer Isaac Bertos after he allegedly resisted arrest last October, said it best (and I paraphrase what Channel 13 said): “A few bad apples reflect poorly on all the good officers on the force.”

KINDLON

I know that to be true. The great majority of Troy cops don’t randomly beat people. The majority are not racists. The majority just want to show up and do their job to the best of their ability – and that doesn’t include beating people just because.

That said, for a city the size of Troy to see this many allegations of excessive force in a relatively short period of time also reinforces another of Kindlon’s comments: “Something is peculiar in the City of Troy Police Department.”

Despite what some have claimed, I don’t think there is a departmental policy of targeting and beating black people. Two of the higher profile cases prior to the Kokopellis melee – Brian Houle and Frank Fogarty – involved a cop, Kyle Jones, beating white guys.

I think there are a handful of rogue cops – out of a force 130 strong - who really had no one to answer to for the better part of two years so they went out and did pretty much what they wanted without any fear of repercussion. As Chief John Tedesco was quoted as saying, the department will be looking for patterns of behavior among some of the officers. I won’t be surprised if he finds a few. And I won’t be surprised if he takes swift and appropriate action against them.

If in fact it is determined that some officers did use excessive force then they should be punished accordingly and/or retrained. If that doesn’t cut it then they should be removed from the force. It’s as simple as that, really.

To paint the entire Police Department as a bunch of racist, out of control, nightstick wielding, renegades looking to bust heads every time they go out on patrol is simply not fair. It’s the same as saying every member of the Assembly is a pervert because six of the 150 got arrested for groping interns.

There was a time when I think the TPD engaged in racial profiling - like arresting people for not having a bell or a light on a bike and jaywalking and the entire Street Crimes Unit experiment - but even then it wasn't excessive force. Offensive and likely a violation of a person's Civil Rights, but it wasn't geared around random acts of brutality.  

Here are the links:

-The Times Union story about the FBI wanting more files.

-The Times Union story about the other two excessive force complaints.

-The Channel 13 story about the guy getting arrested for attempted robbery for trying to steal a cops nightstick - yes you read that right - including an interview with the arrested guy, a new cell phone video and an interview with attorney Terry Kindlon.

-The Channel 13 story about an officer, Isaac Bertos, throwing a guy head first into a patrol car and then charging him with a felony. Includes a video and an interview with the guy's attorney, Joe Ahearn.

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.