Troy cop indicted for tipping off drug dealers

GROSS

Troy Police Officer Brian Gross was indicted on a host of charges related to allegations he tipped off drug dealers ahead of a raid.

Gross, a 10-year veteran, stands formally charged with the felony of tampering with physical evidence, two counts of obstruction of governmental administration, divulging an eavesdropping warrant and obstruction of governmental administration.

 Gross was part of C-NET, a drug investigation unit headed up by the State Police that includes local law enforcement. The unit spent months investigating five drug houses in Troy, and while every indication was the Feb. 12 raid should have yielded a huge confiscation of illegal drugs police walked away with nothing.

Sources confirmed that Gross had a close personal relationship with a sister of one of the targets. Prior to the raid, Gross alerted the sister to the raid and told her to warn her brother. The sister, who has not yet been charged or named, works in the Child Protective Services division of the Rensselaer County Department of Social Services. T-Spin is withholding her name.

Since nothing came of the investigation or the raid the brother was not charged.

Gross was suspended without pay for 30 days but as per the union contract his pay was returned while he remains on suspension.

The first Obstruction of Justice charge is from the middle of January, according to the complaint, when Gross texted the sister and requested they meet. The sister told State Police investigators that Gross told her that her brother has to “’watch (his) back’ because (he) is doing something that had come to the attention of the State Police.”

According to phone records cited in the complaint, on Feb. 10, Gross texted the sister again and she told State Police Investigator Dennis Churns that Gross told her that “there better not be any drugs inside the home of (her brother) because ‘there was a good chance the police would get a warrant.’"

The sister then said she went to her brother’s home and told him that if “he is doing anything he needed to ‘cut the shit’ and get any drugs out of his house.”

Prior to the revelation of the friendship between Gross and the target’s sister, his arrest had many in the TPD scratching their heads and crying foul on his behalf. By all accounts he was an exemplary cop with an unblemished professional and personal record.

Gross is represented by attorney Steve Coffey. The office of Attorney General Eric Schneiderman is prosecuting.

Sources: Cop had close relationship with suspected dealer's sibling

GROSS

The Troy police officer arrested for allegedly tipping off drug dealers, spoiling a five-house raid by the State Police, had a close relationship with the sister of one of the suspects, according to multiple sources.

According to sources, “Person No. 1” in the felony complaint filed by Attorney General Eric Schneiderman works in the Child Protective Services division of the Rensselaer County Department of Social Services and makes $52,000 a year. Officer Brian Gross, who is currently suspended without pay, and the person have or had a longtime, close personal relationship, according to sources.

“Person No. 2” in the document (shown below) charging Gross with felony tampering with physical evidence and three misdemeanors – obstruction of governmental operation and two counts of official misconduct – is Person No. 1's brother.

State Police raided the home of Person No. 2 and four other houses in Rensselaer County expecting to make multiple arrests and seize a good quantity of drugs. They came up empty, “despite extensive evidence of drug activity,” according to the complaint. Gross allegedly told Person No. 1 about the raid to warn Person No. 2. Person No. 2 then gave a heads up to the other suspects.

T-Spin is withholding the names of Persons No. 1 and No. 2 because neither has been charged. Although, it is widely believed that Person No. 1 could be charged with at least obstruction of governmental operation. That, of course, depends on whether or not she struck a deal with the AG’s office to act as a witness should the case go to trial.

Person No. 2 was not arrested in the raid so naming either person paints Person No. 2 as a drug dealer with enough traffic through his Brunswick home – which is right outside the Troy border – to justify a State Police investigation. That is not an official allegation at this time.  

According to the complaint, State Police were prepared to raid five homes in Rensselaer County on Feb. 12 after a lengthy investigation. A source said investigators had been “sitting on a wire” for close to year before executing the raid. “Sitting on a wire” refers to listening to conversations via electronic devices.

Gross was part of a small drug task force at the Troy Police Department and was assigned to the State Police Community Narcotics Enforcement Team so he had knowledge of internal details of the investigation, according to the complaint.

The first Obstruction of Justice charge is from the middle of January, according to the complaint, when Gross texted Person No. 1 and requested they meet. Person No. 1 told State Police investigators that Gross told Person No. 1 that Person No. 2 has to “’watch (Person No. 2’s) back’ because (Person No. 2) is doing something that had come to the attention of the State Police.”

According to phone records cited in the complaint, on Feb. 10, Gross texted Person No. 1 again and she told State Police Investigator Dennis Churns that Gross told her that “there better not be any drugs inside the home of (Person No. 2) because ‘there was a good chance the police would get a warrant.’”

Person No. 1 then said she went to Person No. 2 and told him that if “he is doing anything he needed to ‘cut the shit’ and get any drugs out of his house.”

It’s unclear whether Gross allegedly sent the text message to protect Person No. 1’s relative or if Person No. 1 used the text to harm Gross. Or if it’s a combination – either intentional or an inadvertent byproduct - of the two. In other words, if it wasn’t an intentional set up by Person No. 1, when confronted with the allegations, Person No. 1 and/or No. 2 decided it was easier to talk than face further scrutiny.

 As far as the felony complaint is concerned, according to lawyers who have reviewed it, the AG has a weak case based on just the text messages and testimony from one person who might or might not have an ulterior agenda, and from another suspected of dealing large quantities of illegal narcotics.

Also, as was previously written, it was difficult to find a motive for a 10-plus year cop - with a clean personal and professional record - to tip off drug dealers. The personal relationship with Person No. 1 is one avenue the AG’s office has explored, according to a number of sources.

Gross is represented by attorney Steve Coffey, who declined comment. Troy Police Chief John Tedesco was unavailable for comment as were the State Police and the AG’s office.  

Gross Felony Complaint by jfranco17410

A cop, drug dealers and questions

GROSS

In the days following the arrest of a 10-year police officer for tipping off drug dealers, some common questions heard around town are: Why? What was his motive? Did he even do it?

Officer Brian Gross is, by all accounts, a well-respected and well-liked cop. He was a member of the highly trained elite Emergency Response Team, similar to SWAT, and a member of the Special Operations Section, which conducts in-depth drug investigations. He is often called upon to train rookie cops. He has a construction related business on the side and is known to have an unimpeachable work ethic. He is married with two children and they all live in a nice home in Brunswick. A storybook life.

So, why?

One thing everyone agrees on is the proof presented in the felony complaint filed by Attorney General Eric Schneiderman – based on an investigation by the State Police - is pretty weak. Gross set up a meeting with someone and that someone told investigators that Gross told him to tell someone else about the raid. That’s a he said/she said scenario with an extra “he” thrown in.

If Gross is innocent, I hope Schneiderman had something more than a text and a statement from a guy in the drug world before he brought charges. If Gross is guilty, I hope the same thing.

Before I get into the more common scuttlebutt themes of why Gross is in this most unenviable spot, remember that he is a 10-year veteran of a pretty busy department so he should know the ropes a little bit. Now, without further ado:

-He’s a fall guy for State Police investigators on the Community Narcotics Enforcement Team, who spent who knows how much time, energy and effort – not to mention money – to set up a raid of five houses only to come up empty. Gross reached out to someone for whatever reason and that someone reached out to someone else and no drugs were found. In the minds of some, 2 + 2 = 5 and he was arrested for tipping off the drug dealers.

-Gross knew the guy he texted from his time on the SOS and tried to set up a routine meeting and the guy is making the rest of it up to save his own ass. Drug dealers are not pillars of the community and I’m fairly certain it wouldn’t be the first time one told a lie, especially when you have the State Police and the AG offering you a deal.   

-On the flip side of that, Gross, through SOS or just by being a cop, could have become friendly with the guy he was texting and the guy who the guy ended up talking to and was doing them an ill-advised favor. Cops, by the nature of the job, spend half their time with people on the “good” side and half with those on the “bad.” Cops and criminals are people too so I’m sure some cops and criminals get along just fine. I’m fairly certain there is a line somewhere that shouldn’t be crossed, and if Gross did what he’s accused I’m even more certain that it constitutes crossing the line.

-Gross was getting paid off by the drug dealers. I guess it’s always a possibility. But people are finding it hard to believe he is even a little dirty, and it doesn’t get much dirtier than putting your colleagues’ lives at risk by tipping off drug dealers. The pay off, too, just can’t be worth it. Then again, greed is one of the seven deadlies.

-He’s on drugs. I find this one hard to believe too because if someone is using drugs to the point of putting everything at risk by tipping off a dealer then someone is going to know and it would have leaked out by now.

-A family member got jammed up somehow and if Gross didn’t help out the drug dealers then that family member was in danger. I’m not sure if I buy this one, but I guess it’s a possibility.

-Or, it could be a combination of any of the above or something completely different.

I guess we won’t know until the case works its way through the court system – if it even gets that far.

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.”

IPA photo

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

Fun Raisers

This month already saw back to back to back fundraisers with another slated for April 30 and according to the Times Union, there is another slated for next month.

The first was held Tuesday by Troy Council President Rodney Wiltshire at Bomber’s Burrito Bar at $150 a pop – but attendees could contribute up to $1,000 or as little as $25 or nothing at all. It’s pretty steep for a fundraiser for a Council president considering on Wednesday the Rensselaer County Republican Party was charging just $40 and they had gubernatorial candidate Rob Astorino as the guest of honor.

I guess you could look at it two ways. Either Wiltshire was asking an exorbitant amount of money for a Council president with an eyeball towards higher office or the county GOP don’t think too much of Astorino’s chances of beating Gov. Andrew Cuomo.

Doesn’t matter, really, fundraising is one of those things where you get what you can when you can.

The Wiltshire camp says they had 115 people sign in for the event that raised in excess of $8,000. Before the event even kicked off, though, I was getting text messages and emails about how Wiltshire was reaching out to people and offering them comp tickets just to fill the room. The Wiltshire camp, however, said it was also a victory party for the volunteers who helped him win the presidency last year. Also, people at the event claim they figured between 30 and 40 people actually paid the full ticket price.

Not in attendance, I’m told, were any mainstream Democrats like county Chair Tom Wade, City Chair Jack McCann or those close with the party hierarchy. Those Democrats who were, I’m told, are members of what Wade calls “The Delusional Bunch.”

I wasn’t there so I don’t know firsthand and we may not have any idea how much he raised until the formal financials are filed in June. The last filing showed Wiltshire with $6,780 in the bank but during his campaign last year he loaned himself $6,000, a loan he will eventually have to repay.

Wednesday, I’m told more than 200 people showed up and paid the $40 to hear Astorinio speak at Franklin Terrace. Again, it was for the entire committee rather than one person and they charged less than a third of what Wiltshire charged.

On April 30, the County Democrats will hold one of their two major fundraising events at Franklin Terrace and the asking donation is $85 a ticket or $150 per couple to see another statewide candidate – incumbent Attorney General Eric Schneiderman. Obviously, the Dems think more of their guest of honor than the GOP does.

Next month, according to the Times Union, Mayor Lou Rosamilia will hold his own fundraiser to boost his paltry war chest that now stands at about $16. While I’m still not convinced Rosamilia will run again, it is clear Wiltshire has an eye towards higher office and many think it is mayor. He has said he won’t primary Rosamilia, and the only sure fire way to stave off any attempt by Wiltshire to force a Democratic primary against another candidate – since there is about no chance the Democrats will support him – is to make it look like Rosamilia runs again, even if it comes down to collecting petitions for him and have him decline the nomination.

Then again, I’ve been wrong before and the mayor may run again. It would certainly make things easier for his appointments in City Hall and the party as a whole.