.

.

LEWIS, JASON J
TROOPER

-

I

I

I

TYPE: Personnel

I
I

CASE# .2 0070 690
1

I

FINDING : .F ounded

Complainant:
STEPHEN NEVINS

I

Complaint of Personnel Investigation 20070690
Type:

Personnel

Sub Type
10/20/2007

Incident Date/Time
Report Due

Troop:

8:15 PM

12/14/2007 Level Inv.

T

3

Commissioned Officer Assigned No

Mode Rec.
CTV:

F

Status: C

Phone

F3660 - T/MONROE

Report Location

JAB

1/14/2008

Synopsis:
On 10/20/07at approximately 8:15 PM, Orange County 911 transferred a caller reporting an erratic driver to
Tpr. Jason Lewis (SP Monroe). During the call Tpr. Lewis was unprofessional and condescending to the
caller. Tpr. Lewis, as the assigned desk member, also failed to make an SJS entry or dispatch a Trooper to
look for the vehicle in question.
Troop F to investigate
Classification:

Finding: F

INTERNAL ADMINISTRATIVE MATTERS

JSubjects:
Rank

Last Name

Troop F

IComplainants:

l

Shield 3024

Rank

511912002

Ml J

First Name JASON

LEWIS

CCC I: UNPRO

DOE:

TROOPER

Location MONROE

CCC 2: NEGLT

CCC 3: DICDV

Last Name NEVINS
CAPTAIN

First Name STEPHEN
SP Employee ~

SexM

Address

City

Home Phone

Work Phone

State

DOE

Ml

TZS F200

819/1981

Zip

iAdministrative Personnel:
ID
Last

NEVINS

First
ID

Last

RASO

First
ID

Last

SMITH

First
ID

Last

FURBECK

First

RECEIVING MEMBER
STEPHEN

TZS F200
Date/Time: 10/23/2007

Ml

MEMBER AT TROOP NOTIFIED
EDWARD

MEMBER AT DIV NOTIFIED
MARK

Ml

J

11:00 AM

TZS H132
Date/Time: 10/23/2007

11:15AM

TZS F211

INVESTIGATOR
BRUCE

TZS F011

Date/Time: 10/23/2007

Ml

11:00 AM

Ml

R

Date/Time: 10/31/2007

Page 1 of2

Last

SMITH

Tuesday, June 17, 2008

ID

REVIEWER

First

MARK

rzs
Ml

J

H132

Date/Time: 12/24/2007

Page 2 of 2

NEW YORK STATE POLICE
MEMOR..>\~L>UM

Troop F Station Middietown
Date

February 20, 2008

Deputy S~1perintcndent John P. Melville
From:

Major Edward Raso , Troop Commander

Subject:

COMPLAINT AGAJNST PERSONNEL - 20070690 - l .EVEL 3
TROOPER .JASON .T. LEWIS, SP MONROF.

Reference is made to the previously submitted cover page report regarding the above
subject.
On February LS , 2008. Trooper Lewis appeared before me and executed his consent
to have me adjudicate this matter at Troop level.
Pursuant to Rule 3 of the New York State Police Administrative Manual, I have
determined that he receive a Letter of Censure and the loss of three days vacation for his actions. l
have attached a copy of the Letter of Censure and consent waiver.
This matter is closed.

Attach.

PRESTON L. FELTON
SUPERINTENDENT

MAJOR EDWARD RASO
TROOP COMMANDER

STATE OF NEW YORK

NEW YORK STATE POLICE
TROOP "F" HEADQUARTERS
55 CRYSTAL RUN ROAD
MIDDLETOWN, NY 10941
(845) 344-5300

February 20, 2008

Trooper Jason J. Lewis
New York State Police
Middletown, New York

LETTER OF CENSURE

Dear Trooper Lewis:
On October 20, 2007 while on desk duty, you conducted yourself in an
unprofessional and condescending manner while obtaining information from a caller. You also
failed to dispatch a Trooper to investigate the incident or complete an SJS entry regarding the
incident. Your actions violated Regulations 8A4, 8A8, 8A9(4) and Section l l 15(d)(3).
On February 15, 2008 you appeared before me, executed a waiver and requested that
I adjudicate the discipline in this matter.
Accordingly, it is my decision that you receive a letter of censure and the loss of
three days vacation for your actions. I trust that you will not allow this to happen again.
Sincerely,

Edward Raso
Major
Troop Commander

NEW YORK STATE POLICE
MEMORANDUM
TROOP F STATION Middletown
DATE

To:

Major Edward Raso, Troop Commander

From:

Trooper Jason J. Lewis

Subject:

DISCIPLINARY ACTION

Jannary 18, 2008

~

I hereby consent to have the above-captioned investigation adjudicated by the Troop
Commander under the provisions of Article 3, Disciplinary Action of the New York State Police
Manual.
I waive the following:
1.

The right to have this matter disposed ofby the Superintendent or by a formal
hearing.

2.

Any right to appeal from the Troop Commander's adjudication which may be
a determination of unfounded or, upon a finding of guilty, the imposition of:
a.

A Letter of Censure and/or

b.

An intra-troop transfer, with my consent and/or

c.

A fine to be expressed in the loss of no more than five vacation days
to be worked by the member with no additional compensation or
overtime and/or

d.

A period of probation not exceeding 90 days which probation must be
for a definite period of time and must include conditions of probation
which, if violated, could subject me, without the right of a further
inquiry or a hearing, to the imposition of any one or more of the
penalties that can be imposed by the Troop Commander, and/or an
intra-troop transfer, without my consent.

,.,
NEW YORK STATE POLICE

2081 D[C 17 P,1 1 LJ O

MEMORANDUM
TROOP F STATION Middletown
DATE

December 12, 2007

~

TO:

Deputy Superintendent John P. Melvill\

fi'R01\11:

Major Edward Raso, Troop Commander~

SUBJECT:

COMPLAlNT AGAINST PERSONNEL - 20070690 - LEVEL 3
TROOPER JASON J. LEWIS, SP MONROE

Reference is made to the attached report of Sergeant/SC Bruce R. Furbeck and cover
memorandum of Captain Stephen Nevins, regarding the above subjec t.

l have reviewed the attached report and agree Lhat it is founded. Trooper Lewis
violated tl1e fol1owing Division Regulations:
8A4 - by acting in an unprofessional and condescending manner.
8A8 - by bring discredit upon the Division.
8A9(4) - by exhibiting neglect of duty.
Section 1 I 15(d)3 - by failing to dispatch a post car to investigate the complaint.
Recommend appropriate administrative action. Forwarded for your review.

Att..ich.

....

Genl.7
\

NEW YORK STATE POLICE

MEMORANDUM
Troop£_Station

Zone 2 Headquarters

Date_ _. ;;.;N;..;;;o.. ;;.v=e=m=b=e-'-r. .; .1.; ;.,9,'-"2=0;..;;0;..;;..7

To:

Major EdwW\Troop Commander, Troop F

From:

Captain Ste~~bs, Zone Commander, Zone 2

Subject:

COMPLAINT AGAINST PERSONNEL
TROOPER JASON J. LEWIS, EOD 05/19/02, SP MONROE

Reference is made to the attached Geul 30 Investigative Report of Sergeant/Station Commander
BRUCE R. FURBECK, SP Momoe, dated October 31, 2001; regarding above-captioned subject.
I have reviewed the attached report submitted by Sergeant FURBECK and concur with his fmdings.
Investigation determined that on October 20, 2007, Orange CoUDty 911 transferred a caller, Mr.
reporting an erratic driver to Trooper JASON LEWIS. During the call, Trooper LEWIS was unprofessional and
condescending to Mr. Trooper LEWIS admitted that he conducted himself in an unprof~ional and
condescending manner while obtaining information from Mr.Trooper LEWIS also admitted that he failed to
dispatch a Trooper to investigate the incident or complete an SJS entry regarding the incident.
Investigation into this matter has determined Trooper LEWIS violated the following Division Rules
and Regulations:
Regulation# 8A4: In dealing with the public, a member must act in a courteous, dignified, and businesslike manner.
Trooper LEWIS violated this Regulation by speaking to Mr. in an unprofessional and condescending
manner.
Regulation# SAS: A member shall not act in a manner tending to bring discredit upon the Division. Trooper LEWIS
violated this Regulation by failing to act in this manner, bringing discredit upon the Division, by expressing a
condescending and unprofessional tone while interviewing a complainant reporting an erratic vehicle to SP Monroe
from his cell phone.

Regulation# 8A9(4): A member may be determined to be incompetent and subject to disciplinary action in accord
with Rules of the Division ifin the performance of his official duties the Member exhibits neglect of duty. Trooper
LEWIS violated this Regulation by failing to dispatch a Trooper to investigate the complaint ofan erratic vehicle and
failing to complete the appropriate Spectrum Justice System incident entry as required to be completed for all received
complaints.
Section #1115(d)(3): When you receive a cellular 911 call that requires a police response, immediately dispatch the
nearest available unit, or in areas that are customarily handled by a particular agency, such as a Town or Village,
immediately notify that agency or dispatch one of their units. Trooper LEWIS violated this section by failing to
dispatch the assigned post car, a Trooper, to investigate the complaint of an erratic vehicle as reported by a
complainant from his cell phone.
Recommend appropriate administrative action be taken.
Attachment

GENL30 (.REV 2100)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING
TROOP

MANAGING
TROOP

DATE OF REPORT
(typed}

F

F

October 31, 2007

DA TE OCCURRED

TZS

CTVCODE

F211

F3660

Trooper JASON J. LEWIS, EOD 05/'19/02
Troop F - SP MONROE

October 20, 2007
COMPLAINANT:

TYPED BY

INVESTIGATIVE PERIOD

New York State Police

trb

October- 24, 2007 - October 31 , 2007

I

SHIELD

REPORTOF ~
SergeanVSC BRUCE

CASE#

STATION

CHARACTER OF CASE - (CC CODE)

20070690

SP Monroe
COMPLAINT AGAINST PERSONNEL

2546

R FURBECK

(PCT0100)

STATUS OF CASE
( ) CA ( j C/EC { ) C/fNV ( ) C/UNF ( ) C/UNS (
( )OPN

X ) C/FND

Report of Personnel Investigation 2007-0690

REFERENCE:
ENCLOSURES:

1. Transcription of recorded audio tape, dated October 20, 2007
2. Copy of the recorded audio tape, dated October 20, 2007
3. General 7 Memorandum of Trooper JASON J. LEWIS, dated October 31, 2007

FOR TROOP/DIVISION HEADQUARTERS

DISTRIBUTION:
( } OHO ( ) TROOP ( } OTHER:

DESTROY IN 20 - - -

use ONLy

INITIALS

PERMANENT RETENTlON - - - - - - - - - - - - -

INITIALS-----RCIII

HE.WYORt( STATE POLICE
INTER~IAL AFFAIRS BURE AU
HEAOOUARTH S

ZCOl OEC 28 P 12: lt 0

1

SYNOPSIS:
On October 20, 2007, at approximately 8:15PM, Orange County 911 transferred a
caller reporting an erratic driver to Trooper JASON LEWIS, SP Momoe. During the call,
Trooper LEWIS was unprofessional and condescending to the caller, Mr.
Trooper LEWIS, as the assigned desk member, also failed to make an SJS entry or
dispatch a Trooper to look for the vehicle. Captain STEPHEN NEVINS, Zone 2
Commander, reviewed the recorded audio tape from this incident and reported that Trooper
LEWIS was unprofessional and condescending to Mr. Trooper LEWIS admitted
that he conducted himself in an unprofessional and condescending manner while obtaining
information from Mr. during the incident. Trooper LEWIS also admitted he
failed to dispatch a Trooper to investigate the incident or complete an SJS, entry regarding
the incident.
Investigation into this matter determined that on October 20, 2007, Trooper LEWIS
had violated Division rules and regulations during the recorded audio tape of Mr. reporting an en-atic vehicle.
Recommend appropriate administrative action.

2

DETAILS:
AT SP MONROE:
On October 24, 2007, Captain STEPHEN NEVINS, Zone 2 Connnan.der, reviewed
a recorded audio tape from the Orange County 911 center of an incident which occuffed on
October 20, 2007, involving Trooper JASON LEWIS. Captain NEVINS repmted that
during the recorded conversation Trooper LEWIS was unprofessional and condescending
to the caller, Mr.
Captain NEVINS further repo1ted that Trooper LEWIS
failed to assign an SJS entry or dispatch a Trooper to investigate the incident. Captain
NEVINS notified Major EDWARD RASO, Troop F Commander, who advised Inspector
MARK SMITH, IAB South. Captain NEVINS assigned Sergeant FURBECK to
investigate.
1.

2.
On October 24, 2007, member reviewed the recorded audio tape of the
conversation which occurred between Trooper LEWIS and a cell c a ~
08/ 13/80, of Monroe, NY. The recorded audio tape revealed Mr. ~
erratic vehicle, NY Reg: that was traveling through the Village of Kfryas Joel
and into the Village of Monroe. Mr. stated that during the conversation, the
subjects within the vehicle were yelling at pedestrians in the Village of Kiryas Joel.
Trooper LEWIS requested the caller's name,
res onded, '
~ E W I S responded inappropriately, stating,
- - Trooper LEWIS later requested the license plate number of the suspect vehicle.
After receiving the information, Trooper LEWIS replied,
Trooper LEWIS then requested the caller's current location. After
information, Troo er LEWIS responded,
Trooper LE
When the caller responded,
Trooper
ed the sus ect vehicle was making a left by the diner and added,
The caller later stated that the suspect driver
~ the Shoprite plaza. Trooper LEWIS responded, '
. . . . . . . .,, A transcript of the recorded audio tape is provided as enclosure# 1. A
copy of the recorded audio tape is provided as enclosure # 2.

11111

3.
On October 24, 2007, member reviewed the station Spectrum Justice System and
determined Trooper LEWIS had failed to complete an SJS entry to document the incident.
A further review of recorded audio tapes and the radio log determined Trooper LEWIS
failed to dispatch a Trooper to investigate the incident.
,
verified
he contacted OC911 on October 20, 2007 at approximately 8:16 PM. He verified be had
reported the incident to a Trooper and had observed an erratic vehicle travel from the
Village of Kiryas Joel to the Village of Monroe. Mr. did not desire to offer an
opinion about the conduct of the Trooper during the phone conversation. Mr. declined to provide a written statement.

3

On October 27, 2007, member interviewed Mr.

. Mr.
verified that he
was operating his vehicle, NY Reg:
, a 2003 black Dodge Neon, with several
friends as passengers on October 20, 2007 at approximately 8: 15 PM. He verified that his
friends had been yelling at pedestrians through the streets of Monroe. Mr. additionally stated there had been no violence or threats made by anyone in his vehicle
during the incident. Mr. -declined to provide a writt"en statement.
6.
On October 31, 2007, member interviewed Trooper JASON J. LEWIS, EOD
05/19/02, SP Monroe, who admitted that he conducted himself in an unprofessional and
condescending manner while obtaining information from Mr. during the incident.
Trooper LEWIS admitted to the inappropriate comments atttjbuted to him in paragraph #2,
Trooper LEWIS also admitted he failed to dispatch a Trooper to inve~tigate the incident.
Trooper LEWIS verified he failed to complete an SJS entry regarding the incident. The
memorandum ofTrooper LEWIS is included as enclosure # 3. ·
CONCLUSION:
Investigation into this matter has determined Trooper LEWIS violated the
following Division Rules and Regulations:

Regulation # 8A4: In dealing with the public, a member must act in a courteous, dignified,
and businesslike manner. Trooper LEWIS violated this Regulation by speaking to Mr.
in an unprofessional and condescending manner.
Regulation # 8A8: A member shall not act in a manner tending to bring discredit upon the
Division. Trooper LEWIS violated this Regulation by failing to act in this manner,
bringing discredit upon the Division, by expressing a condescending and unprofessional
tone while interviewing a complainant reporting an erratic .vehicle to SP Monroe from his
cell phone.
Regulation # 8A9(4): A member may be determined to be incompetent and subject to
disciplinary action iu accord with Rules of the Division if in the performance of his official
duties the Member exhibits neglect of duty. Trooper LEWIS violated. this Regulation by
failing to dispatch a Trooper to investigate the complaint of an erratic vehicle and failing to
complete the appropriate Spectrum Justice System .incident entry as required to be
completed for all received complaints.
Section# 1115(d)(3): When you receive a cellular 911 call that requires a police response;
immediately dispatch the nearest available unit, or in areas that are customarily handled by
a particular agency, such as a Town or Village, immediately notify that agency or dispatch
oue of their units. Trooper LEWIS violated this section by failing to dispatch the assigned
post car, a Trooper, to investigate the complaint of an erratic vehicle as reported by a
complainant from his cell phone.

4

It is requested that this matter be forwarded to consider further administrative

action.

..

'

NEW YORK STATE POLICE

MEMORANDUM
Troop£._Station

Date

To:

Major EDWARD RASO, Troop Commander

From:

Trooper JASON J. LEWIS

Subject:

COMPLAINT AGAINST PERSONNEL

SP Monroe
November 2, 2007

~

Member was instructed by Sergeant/SC BRUCE R. FURBECK to prepare a
memorandum regarding a COMPLAINT AGAINST PERSONNEL. "I was advised of my
rights to representation pursuant to Article 16.2 ofthe contract by Sergeant/SC. BRUCE
R. FURBECK on October 30, 2007. I am represented by Trooper PAUL MEYER and
provide the following account."
On October 20, 2007 at approximately 8:16 PM, writer was working a 2-shift,
assigned to desk coverage. Member received a ~ll from the Orange County 911 Center
involving a cell 911 call. The 911 center advised writer that a motorist was on the line
following an erratic driver. Writer then took the call over from OC 911. During the phone
call, writer conducted himself in an unprofessional and condescending manner while
receiving information from the cell caller regarding the erratic vehicle.
Writer conducted the following conversation.

i ·:. .• ·---~
: · i!.

:

••

Wdter is:,veu:aware of the fact that he.had violated Division rules and regulations
during th~ ,phone c~ll while at SP Monroe desk. Writer is well aware that not only was he
'1nprofe~sional and condescending towards the cell caller, but he made the Division of State
Police look unprofessional. Writer is aware that.he failed to complete an SJS entry for the
erratic vehicle complaint. Writer also failed to dispatch a Trooper to investigate the erratic
vehicle.

, .:: . ' • •·.·. :

......_) .

Writer is very aware that what he did was totally uncalled for and unprofessional,
, member really feels ashamed for his uncourteous and
unbusinesslike manner. Writer is 110% positive that this type of behavior will never be
displayed again while employed by the Division of State Police.