LEWIS , JASON J TROOPER

TYPE: Personnel
CASE# 20100232
FINDING: Founded
Complainant:
STEPHEN NEVINS

Complaint ofPersonnel Investigation 20100232
Type:

Sub Type

P.ersonnel

4/22/20 10

Incident Date/ Time
Report Due

4:00 PM

Level Inv.

6/7/2010

Troop:

T

Commissioned Officer Assigned No

C

Mode Rec. In Person
C7V:

3

Status:

F

F3660 • T/MONROE

Report Location

11/22/2010

IAB

I

Synopsis:
On April 22, 2010, Trooper Jason Lewis was assigned a 1 tour out of SP Monroe. At approximately 4:00 PM,
he failed to answer his radio when repeated ly called by the SP Monroe desk member. He was subsequently
found to be off post without proper authorization.
Troop F to investigate

Classification:
1Subjec~s:

Finding: F

INTERNAL ADMINISTRATIVE MATTERS

-

j

Employee ID

Last Name

Rank

DOE:

TROOPER

Ml J

First Name JASON

L EWIS

5/19/2002

F
Location MONROE
CCC 2: COMA
CCC 3: FLSEN

Troop

CCC 1: NEGLT

I

[Complainants:

Employee I D Shield 3024

Rank

First Name STEPHEN

Last Name NEVINS

CAPTAIN

SP Employee ~

SexM

State

Address

City

Home Phone

Work Phone

,A.dminlst;ative Person_nel:

NEVINS

E~pfoyee ID Last

CORLETT

Employee ID Last

NEVINS

Employee ID Last

rzs F200

8/9/1981

Zip

J

Employee ID Last

DOE

Ml

MAZZONEJR

Monday, December 27, 2010

ID

First
ID

First
ID
First
ID
First

RECEIVING MEMBER

TZS F200

Ml

Datemme: 5/6/201 0

STEPHEN

MEMBER AT TROOP NOTIFIED
KEITH

Ml

M

Ml

TZS F200

Datemme: 5/6/2010

Ml

MEMBER AT DIV NOTIFIED
RICHARD

TZS F012

Date/Time: 5/6/201 O

MEMBER WHO NOTIFIED TROOP ·
STEPHEN

L

11:00 AM

11:00 AM

TZS H132

Date/Time: 5/6/2010

11:00 AM

Page 1 of2

=

ID

Employee ID
Last

First

KEYSER

FRANK

- -Employee ID
Last

1111111111111

KEYSER

ID
First

TZS F290

MEMBER WHO NOTIFIED DIV

Ml J Date/Time: 5/6/2010
-- -- - - - -- - ----- - -- TZS F200

INVESTIGATOR
FRANK

Ml

J

Date/Time: 6/16/2010

- --Employee ID
Last

1111111111111

ID
First

SMITH

TZS H132

REVIEWER
MARK

Ml
--

Monday, December 27, 2010

=

J

Date/Time: 7/20/2010

- - - - --

-

- --

Page 2 of2

NEW YORK STATE POLICE

.,.

BUILDING 2~
1220 WA SHI NGTON AVENUE
ALBANY, NY 122.26 225'7.

SrJ; \/EN F CUMOLETTI
Of!Pi.-f'( SJ.PE"°l•tT£1-4DENi

October 29, 201 0

Trooper Jason J. Lewis
New York State Police
Troop F
Middletown, New York
LETTER OF CENSURE

NOTICE OF SUSPENSION
Dear Trooper Lewis:
On April 22, 201 0, while working a ''1" shift, you were intentionally off-post, at the
home of an acquaintance, for nearly an hour without advising your radio control point of
your whereabouts. During this time, SP Monroe repeatedly attempted to reach you without
success. While you were off-post, you left your assigned Division vehicle running, in the
acquaintance's driveway, with the windows down. You also asked a Trooper at SP Monroe
to run a NYSPIN inquiry for you, ostensibly in furtherance of an on-going criminal
investigation. However, there was no such investigation.
You used extremely poor judgment by being off-post and unable to respond to radio
calls for assistance and neglected your job responsibilities by engaging in this behavior.
To exacerbate matters, you were less than truthful during your sworn statement.
Accordingly, you are hereby formally censured. You are also suspended without
pay for five (5) days, November 8, 2010, through November 12, 2010. In addition you will
be transferred to SP Middletown.
For, and in the absence of, the First Deputy Superintendent.
Very truly yours,

SteVen ~Z/::~.

Deputy Superintendent

FIRST ENDORSEMENT
TO:

Major Edward Raso, Troop F
New York State PoHce, Middletown New York

FROM:

Trooper Jason J. Lewis, Troop F - ~
New York State Police, Middleto~~New York

~

. DATE:
\

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant to Rule 3.4 of the New York State Police, member:

✓
□

Accepts the penalty imposed by the First Deputy
Superintendent.
I decline to accept the penalty imposed by the First
Deputy Superintendent. I request, pursuant to Rule
3.4(1;>), that formal charges be prepared and served ·
upon me, that a hearing board be appointed and a
hearing conducted. I understand that the penalty .
imposed by the First Deputy Superintendent .will, be
withdrawn and will not be binding on the hearing board,
or the Superintendent, once charges are executed.

SECOND ENDORSEMENT
TO:·
FROM:

DATE:.

SUBJECT:

Deputy Superintendent St~~moletti

C4-

, Major Edward Raso, Troe F
New York State Police, Mid e1§n, New York

\ 9/u,\ l D
PERSONNEL INVESTIGATION

Forwarded for appropriate action.
I.

.
.

'

· NEW YORK STATE POLICE
OFFICE OF THE FIRST DEPUTY SUPERINTENDENT
MEMORANDUM

Date: October 1, _2010
To:

From:
Subject:

Trooper Jason J. Lewis, Troop F
New York State Police, Middletown, New.Yark
· Dep\JtY Superintendent StevEln F. Cumole~

PERSONNEL INVESTIGATION

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation intq your activities on April 22, 2010.
On that date, while working a "1' shift, you were intentionally off-post, at the
home of an acquaintance, for nearly an hour without advising your radio control point of
your whereabouts. During this time, SP Monroe repeatedly attempted to reach you without
success. While you were off-post, you left your assigned Division vehicle running, in the
acquaintance's driveway, with the windows down. You also asked a Trooper at SP Monroe
to run a NYSPIN inquiry for you, ostensibly in furtherance of an on-going criminal
investigation. However, there was no such investigation.
You used extremely poor judgment by being off-post and unable to respond
to radio calls for assistance and neglected your job responsibilities by engaging in this
behavior. To exacerbate matters, you were less than truthful during your sworn statement
I find reasonable cause to believe that your behavior violated Regulations of
the State Poli~e, including Regulation BAB.
·
It is my judgment that you be suspended without pay for five (5) days,
transferred to SP Middletown and formally censured.
Rule 3.4 of the New York State Police Administrative Manual sets forth the
procedures you are to follow.
For, and in the absence of, the First Deputy Superintendent.

NEW YORK STATE POLICE
OFFICE OF THE FIRST DEPUTY SUPERINTENDENT

MEMORANDUM
Date:

October 1, 2010

To:

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

From:

Deputy Superintendent Steven F. Cumole~

Subject:

PERSONNEL INVESTIGATION

.

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities on April 22, 2010.
On that date, while working a "1" shift, you were intentionally off-post, at the
home of an acquaintance, for nearly an hour without advising your radio control point of
your whereabouts. During this time, SP Monroe repeatedly attempted to reach you without
success. While you were off-post, you left your assigned Division vehicle running, in the
acquaintance's driveway, with the windows down. You also asked a Trooper at SP Monroe
to run a NYSPIN inquiry for you, ostensibly in furtherance of an on-going criminal
investigation. However, there was no such investigation.
You used extremely poor judgment by being off-post and unable to respond
to radio calls for assistance and neglected your job responsibilities by engaging in this
behavior. To exacerbate matters, you were less than truthful during your sworn statement.
I find reasonable cause to believe that your behavior violated Regulations of
the State Police, including Regulation BAB.
It is my judgment that you be suspended without pay for five (5) days,
transferred to SP Middletown and formally censured.
Rule 3.4 of the New York State Police Administrative Manual sets forth the
procedures you are to follow.
For, and in the absence of, the First Deputy Superintendent.

FIRST ENDORSEMENT
TO:

Major Edward Raso, Troop F
New York State Police, Middletown, New York

FROM:

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

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant to Rule 3.4 of the New York State Police, member:
□

Accepts the penalty imposed by the First Deputy
Superintendent.

□

I decline to accept the penalty imposed by the First
Deputy Superintendent. I request, pursuant to Rule
3.4(b), that formal charges be prepared and served
upon me, that a hearing board be appointed and a
hearing conducted. I understand that the penalty
imposed by the First Deputy Superintendent will be
withdrawn and will not be binding on the hearing board,
or the Superintendent, once charges are executed.

SECOND ENDORSEMENT
TO:

Deputy Superintendent Steven F. Cumoletti

FROM:

Major Edward Raso, Troop F
New York State Police, Middletown, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Forwarded for appropriate action.

NEW YORK STATE POLICE
MEMORANDUM
TROOP F STATION Middletown
DATE

July 9, 2010

TO:

Deputy Superintendent Anthony G. E ~

FROM:

Major Edward Raso, Troop Command~

SUBJECT:

COMPLAINT AGAINST PERSONNEL - 20100232 - LEVEL 3
TROOPER JASON J. LEWIS, SP MONROE

Reference is made to the attached report of Lieutenant Frank J. Keyser and cover
memorandum of Captain Stephen Nevins, regarding the above subject.
I have reviewed the attached report and agree that it is founded. Trooper Lewis is in
violation of Sections 30A2, 5B2, SA3, 12A5, and NYSPIN 4.1(7).
Recommend appropriate administrative disciplinary action. Forwarded for your

Attach.

NEW YORK STATE POLICE

MEMORANDUM
Troop£...Station

Date

Zone 2 Headquarters

June 15, 2010

To:

Major Edward .

so, Troop_Commander, Troo~ F

From:

Captai~en evins

Subject:

COMPLAINT AGAINST PERSONNEL.:. 2010-0232
TROOPER JASON J. LEWIS - SP MONROE - EOD 05/19/02

j

Reference is made to the attached report of Lieutenant Frank J. Keyser, Zone 2
Headquarters, dated June 16, 2010, regarding the above-captioned subject.
·
I have reviewed the attached report submitted by Lieutenant Keyser and concur
with his :findings. Investigation into this matter has revealed that on April 22, 2010 while
working.a 1 shift .and assigned to post 669/609 Trooper Jason J. Lewis was intentionally off post
without advising his radio control point (SP Monroe). While off post and without a portable
radio, SP Monroe was unable to reach hlm;·despite repeated attempts, regarding an erratic
operator. The investigation revealed he went off post to visit an acquaintance who resides in the
Village ofKiryas Joel. In attempting to locate the woman's residence he improperly requested ·
from the SP Monroe deskman, a NYSPIN inquiry on a vehicle registration. lbis Trooper Lewis
explained was done in the furtherance of a criminal investigation. In fact there is no ongoing
criminal investigation regarding that subject. Shortly after this occurred, Trooper Lewis
volunteered to Zone Sergeant Michael J. Quinn, that he had been in Kiryas Joel visiting a friend.
Contrary to this, in his statement, Trooper Lewis stated that his presence at the residence was part
of a legitimate investigation. Tuer~ was no SJS entry made regarding his activity. Furthermore ,
while in the wonian,s residence for more than an hour Trooper Lewis left his assigned Troop car,
2F5 p'arked unattended, with the keys in the ignition, engine running, and driver's window open,
completely unsecured. Trooper Lewis statedJhat he spoke with both the SP Monroe deskman and
an Investigator regarding their attempts to raise him. Interviews of both·Members contradict that
statement.
Trooper Lewis has been employed as a New York State Trooper for over eight
years. Except for.a disciplinary stint assigned to Troop "F' Communication~, Trooper Lewis has
been assigned at SP Monroe.

Trooper seriously.
In this latest .incident Trooper Lewis made a decision to.leave his assigned post
and make no provisions for receiving any communications regarding his patrol responsibilities.
He has shown a complete disregard f~r his responsibilities to the Troopers assigned to his shift
on adjoining posts as well as the public is accountable to protect. By failing to properly secure
his ·assigned Troop car he allowed the vehicle with all its equipment and weapons to be a target
for any thief that happened upon it. Trooper Lewis ~bused his authority to obtain NYSPiN
information for a non-lawful purpose. In an attempt to legitimize his actions, Trooper Lewis
made two untruthful statements in his official statement. He contradicts the reason why he visited
the woman and then contradicts the fact .that he did not contact the desk.man at SP Monroe _or the
Investi ator both of whom tried unsuccessfull to reach him after he did not answer his Troop .

he

Recommend appropriate disciplinary action against Trooper JasonJ. Lewis.
Attachment

GENL.30 (REV 2/00)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING
TROOP

MANAGING
TROOP

F

F

June 16, 2010

DATE OCCURREID

·TZS

April 22, 2010

F211

CTVCODE
F3637

Trooper Jason J. Lewis
Troop F - SP Monroe, EOD 05/19/02
Complainant:

INVESTIGATIVE PERIOD

Captain Stephen Nevins

ApriL27, 20·10 - ~une.7, 2010

Troop F - SP Monroe, EOD 08/09/81

DATE OF REPORT

.

(typed)

TYPED BY
fjk

~

SHIELD

REPORT OF

2551

Lieutenant Frank J. Keyser

CASE#
2010-0232

STATION

SP Monroe

CHARACTER-OF CASE - (CC CODE)
COMPLAINT AGAINST PERSONNEL

(PCT0100)

STATUS OF CASE
( ) C~ ( ) C/EC ( ) C/INV ( ) C/UNF ( ) CJUNS ( X ) C/FND
( ) OPN.
'

..
REFERENCE: RE;port of Personnel Investigation No. 2010-0232

ENCLOSURES:

1. Memorandum of Zone Sergeant Michael Quinn, da1ted April 27, 201 0
2. SP Monroe Pers. 29, dated April 22, 2010
3. Copy of transcript of radio transmissions of April 2~~. 2010
4. .Copy of CB6 Raillllllllllll April 22, 2010
dated April 27, 2010
5. Statement from
6. Statement of Trooper Michael Glassey, dated May 11, 201 0
7. Copy of NYSPIN inquiry
8. Statement of Investigator Leqnard Caruso, dated May 11, 2010
9. Memo~ndum of Trooper Evan Rothbaum, dated May 11., 201 o
·10. Statement of Trooper Kristen Er~rio, dated may 11, 20110
11. Copy of the Fuel Transaction Report, dated April 22, 2010
12. Copies of SJS entry #s 3503118 and 3503296
13. Copies-0f-lnGident Report# 2700146 and# 21049:37
14. Statement of Moses Witriol, dated May 25, 20·10
15. Transcript of T~ooper Jason Lewis's interview dated Jun·e 7, 201 0
·.

.
FOR TROOP/DIVISION HEADQUARTERS USE ONLY

DISTRIBUTION:
j ·) DHQ ( ) TROO_P· ( ) OTHER:
;

ZONF~tO

APP~

. TROOP
DHQ

.N\

Q

DESTROY IN 20
-PERMANENT RETENTION
INITIALS
RCtil

INITIALS

NE\'l YORK STATE P!iLf':F.

!NTERJIAL M·rAl:-lS BU: EAU
1-:EAO:UA!HtHS

, 2010 JUL 28 P

ij:

ll ~

()col. 31

SYNOPSIS:
On April 22, 2010, Trooper JASON J. LEWIS, SP Monroe~ EOD 05/ 19/02, was
assigned post 609/669 in non-video. equipped Division vehicle. 2F5. At approximately
4 :00 PM, he failed to answer his radio when repeatedly called by the SP Monroe desk
member. He was subsequently found to be off post without proper authorization.
Investigation has determined that on April 22, 2010, at approximately 3:52. PM,
Trooper LEWIS was off post in the area·of
in the Town of Highland
Mills, where he directed the SP Monroe desk member Trooper MICHAEL GLASSEY to
conduct an improp~r NYSPIN inquiry on New York registration Furthermore,
Trooper LEWIS failed to respond to repeated attempts to co~tact him via the SP Monroe
radio for an extended period of time. In addition, Trooper LEWIS· failed to properly
secure his Divisio~ vehicle by leaving the engine rutu1ing while he was inside of the
residence. It also appears that Trooper LEWIS was not truthful in his
-response to questions during the statement.
Recommend appropriate disciplinary ~ction.

1

DETAILS:
AT SP MONROE

.

1.
On-April 22, 2010, between 3:30 PM and 4:30 PM, Division vehicle 2F5 assi~
to_.SP Monroe was observed parked at a residence for an extended period of time a t •
in Highland Mills, New York. During this time, Trooper
LASSEY, the SP Monroe desk person repeatedly attempted.to contact 2F5
via radio transmissions for an extended period of time, without receiving an answer.
Captain STEPHEN NEVJNS was notified and assigned Lieutenant FRANK KEYS~R to ·
mvestlgate.
.
•

•

1

..
I

2.
On April 27, 2010, I interviewed Zone Sergeant MICHAEL J. QUINN, BOD
09/22/86, SP Monroe, who stated that on April 22, 20 I 0, he was assigned a B tour out of
Zone 2 Headquarters. He stated that at approximately 4:45 PM, on that day he received a
phone call from Kiryas Joel Public Safety Director MOSES _WITRIOL, who asked for
Zone Sergeant. DAVID_ SCOTT. Sergeant QUINN advised Mr. WITRIOL tµat Sergeant
SCOTT was on pass ·and Mr. WITRIOL advised that he would call back. Sergeant
QUINN stated that a few minutes later, at approximately 5:00 PM, Trooper JASON
LEWIS entered the Zone office and inquired if Mr. WITRIOL had called, which Sergeant
QUINN replied that he had. Trooper LEWIS went on to say that Mr. W!TRIOL may say
. or_imply that he was just in a residence in Kiryas Joel for a substantial length of time and
that Mr. WITRIOL may accuse him (Trooper LEWIS) of sleeping at the residence.
Trooper LEWIS· further stated that a friend of his· in the Village had contacted him and ·
told · him that Mr. WITRIOL and others were watchiIJ,g him at the residence. Trooper ·
LEWIS stated that ~e was visiting a friend at the residen~e for approximately 40 minutes.
Zone Sergeant ·QUINN completed a memorandum, which is attached to this report as .
Enclosure # 1.
3.
On April 27, 2010, ·I reviewed SP Monroe Pers. 29, dated·April 22, 2010, which
indicated that Trooper JASON LEWIS was the operator of 2F5 on that date. A copy of
the SP Monroe Pers. 29 for April 22, 2010,'is attached this report f.lS Enc;:losure # 2. ·

to

4.
On April° 27, 2010, I reviewed the radio transmissions from SP Monroe Desk
Members to.rrooper in Division vehicle 2F5 on Thursday, April 22, 2010. On April 22,
2010, ·at approximately 3:57PM and 3:58PM, SP Monroe. Desk Member Trooper
MICHAEL GLASSEY contacted Division vehicle 2F5, but did not receive an answer.
On April 22, 2010, ,at approximately 4:21PM, Investigator LEONARD CAURSO
contacted 2F5, ·but did not receiye an answer. A copy of the transcription is attached as
Enclqsure # 3. It s~ould be noted that the radio fog for April 22, 2010, does not reflect
· any radio transmissions of Trooper GLASSEY or Investigator CARUSO to reach 2F5. A
- copy of the CB6 Radio Log is attached as Enclosure # 4.
5.
On April 27, 2010, I contacted MOSES WITRIOL, Director of Public.Safety for
Kiryas ·Joel, and asked if he c o ~ y other witnesses regarding this incident.
Mr. WITRIOL advised that Mr. was a witness.
.

2

6.
On April 27, 2010, I interviewed Mr.
Monroe, New York. He stated that on April 22, 2010, at.approximately 3:30 PM, he was
in _the area of
Road on business when he observed Troop car 2F5
parked unattended in t~e rear of the driveway at that location. He continued to a
· residence ln the area to conauct an inspection and when he_ passed Road about 10 to 15 minutes later, the Troo car was still in the s ~
residence. He continued to his residence on
· but returned a short time later
, and again observed-the Troop car parked at
Road. At this time he
walked through an adjacent yard to obtain the plate from the Troop car, which he noted
was 2F5. He also noticed that the Trooper car was running, the driver side window was
open and the car was unoccupied. He left the area at about 4:05 to 4:10 PM and the
~ remained in the driveway. A copy of the written statemen( obtained from Mr.
- - i s attached to this .report as En~~osure # 5.
7.
On May 11, 2010, I interviewed Trooper MICHAEL GLASSEY, SP Monroe
BOD 09/090/02 at SP Monroe. Trooper GLASSEY stated that on April 22, 2oio he was
assigned the SP Monroe desk. He stated that at approximately 3:51 PM on. that date,
Trooper JASON LEWIS texted him to conduct a NYSPIN inquiry on New York
registra.tion which he did. Trooper GLASSEY then texted the res onse back
~ LEWIS which ·was that the registered owner
the vehicle was
--o
NY. The vehicle was a
Trooper GLASSEY stated that he did not ask Trooper LEWIS the reason for t}:ie inquiry,
nor did Trooper LEWIS provide it. At approximately 3:57 PM, Trooper GLASSEY
stated that he received a report of an erratic operator, eastbound o.n State Route 17, near
exit 128. He stated that he called Trooper LEWIS, the highway post c·ar, at 3:57 PM and
received no response. He added that he attempted to contact him again at 3:58 PM. and
again ·received no response. Trooper GLASSEY .stated that approximately 20 minutes
later, SP Monroe Investigator LEONARD CARUSO attempted to contact 'Trooper
LEWI,S by radio from SP Monroe desk, also without receiving a response. Trooper
GLASSEY stated that he had no contact with Trooper LEWIS at the end of their shift on
April 22,.2010, but when he worked next on April 26, 2010; Trooper GLASSEY stated
that he told Trooper LEWIS that when he calls him on the radio, ·he has to answer.
.Trooper GLASSEY stated .that at no time qn April 22, 2010 did Trooper LEWIS con,tact
him and advise that he Was going to be out of service at any location. Trooper
GLASSEY stated that he did not notify a Supervisor that Trooper LEWIS did not answer
the radio because Trooper LEWIS had not recently called out on a vehicle and traffic stop
and was not assigned to a complaint. Also, it was near the end qf his tour so he thought
that he might be fueling his vehicle. A copy of a transcript of Trooper GLASS~Y1s
st~tement is attached as Enclosure# 6. A copy of the NYSPIN inquiry is attached as
Enclosure# 7.
·

·of

8.
On.May 11, 2010, I interviewed Investigator LEONARD CARUSO, SP Monroe
BOD 01/08/96. Investigator CARUSO stated that on April 22, 2010 at approximately
4:20 PM, he needed to contact Trooper LEWIS for personal reasons, so he tried to
contact him via cell phone, then_via the· SP Monroe desk radio both without-receiving a ·

3

response. Investigator CARUSO added that he left the station after trying to reach
Trooper LEWIS and did not have a conversation wit him regarding his .whereabouts at
that time or the reason why he didn't answer the radio. A copy of a transcript of
Investigator CARUSO's statement is attached as Enclosure # 8.
·

9.

. On May 11, 2010, I interviewed Trooper EVAN ROTHBAUM, SP Monroe, EOD·
10/30/00. Trooper ROTHBAUM staied that on..April 22, 2010 he-was working a 2-5
shift out of SP Monroe assigned Divi~ion·vehicle 2F5. He ~tated that during his tour he
did not recall any radio problems with his vehicle during his tmJr. Trooper ROTHBAUM
completed a memorandum, which is a_ttached as Enclosure# 9. ,
·
10.
On May 11,-2010, I interviewed Trooper KRISTEN M. ERA.RIO, SP Monroe,
EOD 01/15/07. Trooper ERARIO stated that on April 22, 2010, she ~as working a 1
shift out of SP Monroe assigned Post 608/KJ in Division vehicle 2F6. She stated that she·
did not hear the raaio transmissions from SP Monroe to 2F5 on that date. In addition, she
stated that she was· not aware . of Trooper LEWIS' location at the time he was being
called, nor did she make any attempt to contacf him either by car to car radio or. by
cellular telephone. A copy of a transcript of Trooper ERARIO's statement is attached as
Enclosure # 10. ·
·
·
.11. . On May 12, 2010, I obtained a copy of the :Fuel Transaction report for Divisio•n.
· vehicle· 2F5, which indicated that 2F5 ,was fueled tip at 4:49 PM on April 22, 2010. A
copy. of the Fuel Transaction report is attached to this'report
. as EncloS1.Jie. #., 11. ·

12.
On May 12, 2·0 10, I obtained a copy of Trooper LEWIS' SJS entries for April 22,
2010, which recorded his activity for tfott day which included a suspended operator on
Orange and· Rockland Road in the Town. of Mo·nroe. .(Incident #
Trooper
LEWIS also processed a subject at SP Monroe for CDL prints. (Incident#·
A
copy of both SJS entries is attached to this report as E~closure # 12.
13.. . On Ma 12, 20 LO, I reviewed SJS entries involving,
and
of
9/24/2008. Both incidents were complaints
, investigated by
Trooper L E W I S ~ c i ~ Trooper FORESTIRE, (2008 incident). A copy of
both .incidents #- } I - are atta9hed ·to this report as Enclosure# 13.

2010 I interviewed
of ■
, New York at SP Monroe.
stated that
he w:;ts familiar .with Trooper LEWIS after me.eting him when he responded to ·his
residence for complaints in 2007 and 2008. After meeting Troop~r LEWIS they
developed a relationship where they spoke occasionally (once a month or so) by phone or
i . ~ a s Joel. This relationship inciuded his wife,
111111111111111
stated. that he did not recall speaking to
Trooper LEWIS on April 22, 2010 and became aware that Trooper LEWIS was
his
~esidence when bis hpusekeepet called to say that there was a Trooper at the house. At
that time, he stated that his wife was not at home, but was shopping in the village market

at

4.

He stated'that although be was unaware that Trooper LEWIS was stopping by his house,
~e did. ~appen to see h i m ~ told him t.o stop .by; that. they had moved
mto their hew house on • from their prev10us residence on ~e stated that the last time Tro9per LEWIS stopped by his house was after one of
the complaints in 2007 or 2008, when ~e was off duty. He s t a t ~ lady
was at the residence when Troop.er LEWIS visited as well as h i s - - - - · Mr.
declined to provide a written ·statement.
·
15.
On May 13, 2010, I contacted Troop F PC Coordinator, Trooper GERALD
BOWERS, who advised that Division vehicle'2F5 is currently being ·equipped with the
Automatic Vehicle Locater'(AVL) system, but was not equipped on April 22, 2010 ..
AT HIGHLAND MILLS, NY
· 16.

J .

On May 23, 2010, I interviewed.
< l o b - • of
,. Highland ·fi:·1ills; ~ew
t she had initially
met Trooper JASON LEWIS in 2007, related to a
in the.Village of
Kiryas Joel. She saw him a few more times at her residence as a follow up to the
. Earlier this year, after her husband had seen Trooper LEWIS, he
was told to stop by to see their new residence at the above address. On April 22, 2010, at
· approximately 3:15pm, she received a text message on her- celiular phone from Trooper
LEWIS' that he was in the area of her residence and would stop by. She stated that she
was shopping at that time, but returned home at a roxiinatel 3:30 m. Trooper LEWIS
waited at her residence as well as her maid
who was waiting to
be let in the house. She stated that when she arrived home, Trooper LEWIS and Ms.
came inside and· he Vi§ited with her for what she believed was approximately
one half hour. l;ihe stated that he had backed the Troop car in the driveway, parking it at
the rear of the. driv~way. She did not bear arty radio t r a n s m i s s i o ~
. and did not observe that ,he was carrying a portable radio. 111111111111111 ·
declined to provide a written statement.
17.

On May 23, 2010,'I interviewed Ms.

<lob-~ of
, Highland Mills, New York, who stated that on April 22, 2010, she·was at
esidence from approximately 3:00pm - 6:00pm. She stated that she
believed when she arrived at the residence, Trooper LEWIS was already there. She
stated that he was in the Troop car, parked on the road in front of the residence. She
stated that Trooper LEWIS was at the residence for 40 minutes 'to an hour. · Ms.
was busy doing her chores and did not pay attention to what Mrs.
and Trooper LEWIS were doing or saying. She was u_nable to provide
any further information and would not provide a written statement.
AT SP MONROE
18.

I

,

of-

·On May 25, 2010, I interviewed fyiOSES WITRIOL, DOB.,
' New York. He stated that on April 22, 2010, he received a telephone
· who told him that a Trooper car was parked at the .

5

residence at
Road in the Town of Highland Mills.
The Trooper ·car was. parked in the rear of the residence, unoccupied, with the engine
running. Mr. WITRIOL stated that after receiving this information he drove to the
location and parked near the residence at approximately 3:52PM. He stated that Trooper
LEWIS exited the·residence at approximately 4:38 PM and left the area. Mr. WITRIOL
completed a written statement, which is attached as Enclosure# 14. · .
20.
On June 7, 2010, I interviewed Trooper JASON LEWIS, who stated that on April
22, 2010, he was working a 1·- 5 tour, in Division vehicle 2F5, assigned to post 669/609.
He stated that on April 22, 2010 at approximately 3:30 PM · he went off post, without
notifying his radio control point and drove to .the area of
in the Town of·
Highland Mills. He stated the reason that he went to that location was to continue an
investigation, although he admitted that he failed to document his investigation in SJ$
both when he received the complaint two weeks prior and on that date: He stated that he
caused a NYSPIN inquiry to be conducted on a vehicle registration, which he maintained,
was to establish a location of the, address that he was going to. He stated that he utilized
his cell phone to complete the NYSPIN inquiry through the SP Monroe desk and h~d no
explanation as ~o w h ~ d u ~ t t~s inquiry via J:?ivision .radio. He state~·that
·he parked 2F5 m the . . . . . . . . dnveway and does not recall 1f he left the vehicle's
engine running when he exited the vehicle and enter~d the residence. He stated that he
did not sign out a portable radio on that day and he did not advise SP Mo.nroe desk that
he·would be out of sei:vice.a_nd unavailable. He added that when be left the residence, he
became aware via his cell phone that the SP Monro~ qesk was trying to reach him to
assign him a complaint. He stated that upo~ returning to SP Monroe, he spoke with Zone
Sergeant MICHAEL QUINN in the Zone office where he advised ·sergeant QUINN that '
he was at a residence in the Town of Woodbury, and ·upon leaving the residence was
advised by_a local resident that MOSES (WITRIOL). was taking photographs of his
vehicle while it was parked at the residence. He stated that he did not recall how long he.
tQld Sergeant QUINN that he was at the residence. A complete transcript of Trooper
JASON LEWIS' interview is attached as Enclosure# 15.
.
CONCLUSION:
· Investigation· into _this matter _bas detennined..that ·on April 22, .2010, at approximately
4:00PM, Trooper LEWIS was off post without-notifying his radio control point. Trooper
LEWIS failed to answer his radio after repeated attempts by the SP Monroe desk person
.over an extended period of time. He caused an improper NYSJ;>IN inquiry to be .
completed on a vehicle _registration, NY which he stated was to obt3lin an
address for a complainant for a criminal investigation. As there is apparently no
legitimate criminal investigation, the NYSPiN inquiry on the vehicle registration is
improper. In addition, Trooper LEWIS .failed to properly secure his Division vehicle by
-leaving the engine running while he was inside of the
residence. In
addition, it appears that Trooper LEWIS was not truth~l in his response to questions
during the statement. Specifically, when asked to explain why he was off post, he
responded that he ·was continuing a harassing phone call investigation; However, this
. explanation was contradicted by himself on _the day of the incident in his conversation

6

with Sergeant ·QUINN, when he said that he was visiting friends. Furthermore, upon
being interviewed, both Mr. and Mrs.
both stated that he was visiting and
there was no mention of any harassing phone calls. F i n a l i y , ~ S failed to
· document in SJS that he received the complaint from Mrs. . . . . . . . . two weeks
prior to April 22, 2010 or that he followed up the complaint on April 22, 2010. He was
also not truthful in response to the question of when he became aware of the complaint
that Trooper GLASSEY was trying to contact him for. Trooper LEWIS stated thaJ he
had a conversation via cell phone with both Investigator LEONARD CARUSO and
Trooper MlCHAEL GLASSEY regarding the complaint after he left the residence. He
stated that Investigator CARUSO advi'sed him that Trooper GLASSEY was loolcing for
him and that he notified 'J'.tooper GLASSEY that he was on his way back to the station.
In their statements, both Investigator CARUSO and Trooper GLASSEY contradict this in
that they both stated that neither one of them had any contact with Trooper LEWIS that
day, after t.p.ey had tried unsuccessfully to reach him.
.
T,:ooperLEWIS is in violation of the New York State Police Field Manual section 30A2
Post Discipline, which states that all members assigned to patrol duty must comply with
the following Instructions, unless directed or au.thorized to do otherwise by the desk
Member, theMember-in-charge of the tour or a supervisor.
(b) Do not leave your assigned post during your duty tour without ·the appro~al of your
Radio Control Point. Trooper- LEWIS left his assigned post without notifying the SP
Monroe desk member.

is

Trooper LEWIS
in violation of the New York State Police Administrative Manual'
section_5B2 Securing The Vehicle, which states, "Anytime you park your vehicle, safely ·
secure the vehicle as follows: close the windows; remove the keys; and lock all doors.
Trooper LEWIS faile~ to sequre Division vehicle 2F5 by leaving the engine running after
he exit~ the vehicle and went inside the
residence.
Trooper LEWIS is in violation .of the New York State Police Administrative Manual
section 8A3, which states, "It shall be the duty of all Members to obey ev~ry lawful or4er
is.sued orally or in writing by Competent Authority." Trooper LEWIS violated this
section .during his compelled statement, when after being ordered to cooperate and
answer truthfully questions relating to the allegations, he was not truthful in his
resp~cally, he was not truthful when asked the reason· that he was off pos~ at
the . . . . . . . . residence. He was also not truthful when he was asked when he
became aware of the complaint and responded that he had a conversation with
Investigator CARUSO and Trooper GLASSEY. Both incidents are describ.ed ~her in
detail in the above conclusion.
Trooper LEWIS is in violation of New York State Police Administrative Manual ~ection
12AS Mobile Radio Procedure sub (2), which instructs members to respond to all calls to
you·r mobile unit. Trooper LEWIS failed to answer repeated radio calls by the SP
Monroe desk.
·

7

Trooper LEWIS is in violation of New York State Police Administrative Manual section
12A5 Mobile Radio Procedure Sub (4), in that he failed to check out of service with his
dispatcher and give a telephone number or location where he could be reached, if, in
response to a complaint or other police action, he was unavailable by radio.
Trooper LEWIS is in violation ofNYSPIN Manual, Chapter 1, Section 4.1 sub (7) which
states that the use of vehicle registration, driver's iicense information, or information in
the "hot files" obtained via NYSPIN is limited to· official law enforcement, criminal
jqstice or DMV purposes. Trooper LEWIS directed the SP Monroe desk member to
complete an improper NYSPIN inquiry on N Y Recommend appropriate disciplinary action.

8

0

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop.f....Station

SP Monroe
May 13, 2010

Date

To:

Major EDWARD RASO, Troop Commander, Troop F

From:

Zone Sergeant MICHAEL J. QUINN

Subject:

COMPLAINT AGAINST PERSONNEL

f{\Q_

On Thursday, April 22, 2010 I was working a 7B shift at Zone 2 Headquarters. At
approximately 4:45 PM I answered a phone call from Kiryas Joel Public Safety Director MOSES
WITRIOL who called the Zone office asking for Zone Sergeant DAVID SCOTT. I advised MOSES
WITRIOL that he was on pass and Mr. WITRIOL advised that he would call him when he was back
to work.
At approximately 5:00 PM Trooper JASON LEWIS came in to the Zone Office and
inquired if MOSES WITRIOL had just called, and I told him, "Yes, he did." Trooper LEWIS
appeared nervous and stated that Mr. WITRIOL may say or imply that Trooper LEWIS was just in
the Village of Kiryas Joel parked at a residence for a substantial length of time, and he may accuse
Trooper LEWIS of sleeping at the residence. Trooper LEWIS stated that a friend from the Village
contacted him to tell him that MOSES WITRIOL and others were watching Trooper LEWIS at the
residence. I asked Trooper LEWIS what he was doing at the residence and he stated he was visiting
with a friend for approximately forty minutes. Trooper LEWIS stated that he was mad that MOSES
WITRIOL and others were checking up on him. I told Trooper LEWIS that he has no reasori to be
mad ifhe wasn't doing anything wrong.

_,

®
Transcription of radio transmissions from. SP Monroe Desk Members to Trooper in
Division vehicle 2F5 on.Thursday, April 22, 2010.
"A" denotes SP Monroe Desk Member.
"B" denotes Trooper in 2F5.
"C" denotes SP Monroe Desk Member.

Time: 3:57PM
A.
Monroe to 2F5.
B.
(no answer)

Time: 3:58PM
A.
Monroe to 2F5 to'2F6.
B.
(no answer)
Time: 4:21PM
C.
Monroe 2F5.
B.
(no answer).

d

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State of New York
County of Orange
Town of Monroe

}
}
}

ss:

This state.P1ent is being taken from Mr. d.o.b. ,
· New York, by Lieu~enant Frank Keyser, New Yorlc State Police. This statement is
being taken at SP Monroe, New York, commencing at 8:50 PM;,on April 27, 2010. This
statement is being taken in connection with an internal administrative investigation.
I am a real estate broker and I manage two residences in Highla_nd Mills, near
Road. On April 22, 2010 at about 3:30·PM, I was driving on
Road, when I saw a State Police car parked in the back of the driveway at
Road! which I know to .be the residence o f - and
because I
rented the home to them about 3 months ago. I continued fo drive by to my destination,
which was on F~~ A venue for a home inspection. I spent about 10 to 15 minutes at that
·residence then drove past
again and saw the Trooper car still
parked in the same locati<;>n. I continued past the residence to my office a t _ ,
when I called
a friend, and asked him what he thought of this. ije fold
me to re~ to the residence and get the plate of the Trooper car, which I did. It was then
close to 4:00 PM and I walked through the neighbors yard to saw the plate on the police
car was 2FS and I also noticed that the Trooper car was running, the driver side window
.was open and the car was unoccupied. I then got a return call from
, who
. I had called earlier because it was his yard that I had walked through to get the license
plate from the Trooper car. ;E-Ie told rile to call Mr.
the man who lived
at the house and didn't appear to be home, since his vehicle was not in the driveway. I
· told Mr. that there was a Trooper car in hi~ driveway and I asked if everything
was okay. He said that everything \Vas fine, and not to worry about it, but he .seemed to
be very anxious to me. By the time I left the
Qf the residence, I believe it was abou~
4:05 to 1:10 PM.

11111

area

Titls statement is now ended. The time is 9:16 PM.

. I have·read this statement consisting of one page and I swear that it is true to the
best of my knowledge. I further state that this statement was made of my own free will
without any threats or promises, I have placed my initials at the bottom of each page and
next to each correction. I have also signed below. I understand that to make a fal se
statement herein is punishable as a crime pursuant to the Penal Law of the State of New
York.
· ·

MEMBER WITNESS - INTERVIEW

STATE OF NEW YORK
COUNTY OF ORANGE
TOWN OF MONROE
May 11, 2010

Interview of Trooper Michael Glassey at SP Monroe on May 11, 2010, by Lt Frank
Keyser commencing at 2:58PM.
The letter "Q" will denote questions asked by Lieutenant Frank Keyser·.
The letter "A" will denote answers provided by Trooper Michael Glassey.
. Q.

The purpose of this interview is to inquire into the actions of Trooper Jason Lewis
on April 22, 2010, where he was alleged to have been off post and failed to
answer his radio.
You are being interviewed as a Witness only in furtherance of providing
necessary and relevant factual information in this investigati_on. You are not the
target of ·this administrative investigation, and anything you say during this
interview cannot be used against you in a disciplinary proceeding. If during the
course of thfs interview it reasonably appears that you may°be the subject of a
potential disciplinary action, I will stop the interview and advise you of that
determination and your rights under the collective bargaining agreement. Do you
understand this?

A.

Yes I do.

Q.

This interview is .being conducted pursuant to Article I 6 of the collective
bargaining agreement between the State of New York and the New York State
Troopers PBA, and the applicable Regulatio"ns of the New York State· Police,
including Regulations 8A3 and 8Al 5, pursuant to which you are required to
cooperate and answer truthfully questions relating to the investigation. A refusal
by you to cooperate or to answer questions, or a failure to answer any questions
truthfully, niay result in disciplinary action against you, up to and including the
termination of your employment. Do you understand this?

A.

Yes I do.

Q.

You are entitled to all the rights guaranteed by the State and Federal constitutions.
As this is an involuntary interview, your responses are automatically cloaked with
criminal immunity. Accordingly, neither your statements nor any information or
evidence that is gained as a result of, or in reliance upon, this interview can be
used by a police or prosecutorial entity against you in support of a criminal

I

proceeding. Do you understand this?
A.

Yes I do.

Q.

You were advised on May 10, 2010 of the matter being investigated and that it
would be necessary to interview you concerning this matter, is that correct?

A.

· Yes.

Q.

I am Lieutenant Frank Keyser and as a supervising officer and representative of
the Superintendent I am authorized to conduct this interview. This interview is
being recorded mechanically at SP Monroe. A full transcript will be prepared and
you will be provided with a copy of the tape or will be afforded an opportunity to .
cause a ,duplicate of this tape to be made for your future use. You will be given
the opportunity to view the written transcript from this tape upon completion to
ensure its accuracy, and will also be provided with a full copy of the transcript,
subsequent to your signature. Do you understand this?

A.

Yes.-

Q..

Present in this room are, niyself, Lieutenant Frank·Keyser and·Trooper Michael..
Glassey. Do you understand this?

A.

Yes.

Q.

The record will note that you are present in response to a direct order. You will
now be asked questions relating to this investigation and you are required to
answer these questions truthfully.
If you decline or refuse to answer any
questions, you will be ordered by me to answer. If you then continue in your
refusal to answer, disciplinary action wiU be initiated charging you with
disobeying a lawful order. This disciplinary action could result in the termination
of your employment with the Division of State Police. You will be perm,itted
during this interview to take breaks when reasonable and. appropriate. Having
been advised of the above, are you now ready to proceed with this interview?

A.

Yes I am.

Q.

Please state your full name and rank.·

A.

Trooper Michael Glassey.

Q.

What is your date of entry with the State Police?

A.

09/09/02.

Q.

What is the location of your current assignment?

/

2

A.

State Police Monroe.

Q.

Were you working on April 22, 2010?

A.

Yes I was.

Q.

What shift were you working?

A.

I was working a· I shift.

Q:
I am now·showing you the Pers. 29 for SP Monroe for.the date April 22, 2010.
Who was working the I shift out of SP Monroe on that date and what post did they have
and what vehicle?
A.
Trooper Jason Lewis was a 1-5 shift. He was at post 609/669 in vehicle 2F5.
Trooper Kristen Erario was a I shift, assigned to 608/KJ, vehicle 2F6. Trooper D_aniel
Harter was a I shift, post 610/61 I, assigned to vehicle 2Fl2.
Q.
If you could, for the purpose of the record, what do those numbers indicate for the
· post? In other weirds, Jason Lewis had post 609/669, you said?
A.

Correct.

Q.

What does that mean?

A.
609 comes as Chester, Blooming Grove, and Washingtonville. 669 is the ·
highway post, 17. Trooper Erario, 608 is Town of Monroe, Town of Woodbury, Village
of Harriman and also the Village of Kiryas Joel. Trooper Harter is assigned to 610/611
which encompasses the Village of Florida, Town of Warwick, and the Goshen area.
Q.
A.

· Okay. Thank you. And again, who was assigned to the KJ post? . ·
. Trooper Erario.

Q.
Did ·there come a time that you were asked to run a data or D.M.V. inquiry for
Trooper Lewis?
A.

Yes.

Q.
Could you explain the circumstances of that request and around what time that
request was made?
A.
It was approximately 3:51PM. I received a text message on my cell phone from
Trooper Lewis asking me to run this plate for him.

3

I ••

A
.·-·
Q.

What was the plate?

Q.

Did you run that plate?

A.

Yes I did.

Q.

What did you do with the response?

A.

I tex.ted back the response to Trooper L~wis on my cell phone.

Q.

Po you know what that request was in.relation to?

A.

No, l do not.

Q.

What were the results of the inquiry?

A.

.The vehicle came back to a

4-dooi:- sedan,

tan, and the address is
Q.
.A .

.AJJ.d ~gain, what time was that data conversation?
:Approximately 3:51PM.
.

,

.

Q.

Did there come a time where you had a ·complaint for Trooper Lewis?

Q.

What was that complaint?

A.
The complaint was an erratic operator, eastbound, State Route 17, in the .area of
exit 128.
·
·
. Q.
Based on that complaint, did , there come a time when you tried to reach out to
Trooper Lewis?

A.

Yes.

Q.

What time was that? Approximately.

A.

Approximately 3:57PM.

Q:

How did you try to reaching him?

A.

I tried to reach him on the radio.

:.

.

'

Q.

What was your radio transmission?

A.

Mine was: Monroe to 2F5.

Q.

Did you receiye a response?

A.

No, I did not.

Q.

How many times·did you try to reach him via radio?

A.

I believe twice.

Q.

After that initial attempt, when did you try again to reach him?

A.

About a minute later.

Q.

What was the transmissio•n at that time?

A.

Same as the first time. Monroe to 2F5 or 2F6.

Q.

What was the response from 2F5?

A.

No answer.

,

Q.
Prior to or after those radio transmissions, did you have any radio problems with
the SP Monroe radio or the 2F5 Troop car radio?
A.

No.

Q. .

Did you make any other attempts to reach Trooper Lewis other than by radio?

A.
I don't recall or not if I attempted to call him on his cell phone from my cell
phone.
Q.

If you did, if you had, did you get a response?

A.

No.

Q.

Do you know if any other SP members tried to reach Trooper Lewis by radio?

A.

Yes.

Q.

Who was that?

. A.

Investigator Caruso.

5

Q.

When was that in relation to your request? Approximately.

A.

20-25 minutes after.

Q.

Did Investigator Caruso get a response?

A.

No.

I

Q.
To your knowledge, did he attempt to reach him again ~n the radio or was it just
that one attempt?
·

A.

I believe it was just that one attempt.

Q.
What happened to the original complaint of the erratic operator that you tried to
reach Trooper Lewis for?
A.

There was no follow up on the complaint.

Q.

What was the location of the erratic operator, and what direction was it going?

A.

Eastbound at exit 128.

Q.
So you believe, that based on the time and distance and direction of travel of the
. erratic vehicle that it would have been out of the SP Momoe patrol area?
A.

Yeah, probably. Yeah.

Q.
After these attempts to contact Trooper Lewis, when did you have contact with
. him and how?
A.

I believe I next saw him at around 5 after 5 at the station.

Q.

Did you have a conversation with him at that time?

A.

No.

Q.

How l_ong was Trooper Lewis unable to be reached? Approximately.

A.

From the first time I called him on the radio, so I guess 3:57pm.

Q.

Until what time?

A.

Until I saw him again at 5 o'clock.

Q.

So approximately an hour?

6

A.

Yeah approximately.

Q.

Did Trooper Lewis ever call out of service that day at any time?

A.

I don't believe so.

Q.
Did he tell you that he would be out of radio contact and for you to call him on his
cell phone at any time that day?
A.

I don't·believe so. No.

Q.

Did Trooper Lewis give you an explanation as to why he could not be reached at
any that time at that day?
A.

I didn't speak to him. When he came ~ack, I never spoke to him after that.

Q.
Okay'. How about the next time that you and him spoke with each other, what
· was the conversation like? .
A.
me.

· I just told Trooper Lewis that if I try and call you on the air, you should. answer

Q.

Andthatwas the sum and substance of that conversation?

A.

Yeah.

Q.
I have no further questions at this time. Is there anything further that you would
like to add?
A.

No.

Q.

The interview is now concluded .. The time is 3:12PM.

I have read this transcript consisting of seven (7) pages and affirm that it is true to the
best of my knowledge. I have placed my initials on the bottom of each page and next to
each correction and I signed it below.

LT . -\- ~
Witness

7

\l-:tf

J..l-,.

®
MEMBER WITNESS. INTERVIEW

STATE OF NEW YORK
COUNTY OF ORANGE
TOWN OF MONROE

May 11,2010

Interview, of Investigator Lenny Caruso at SP Monroe on May 11, 2010, by Lieutenant Frank
Keyser cornrnencing at 3 :40PM.
The letter "Q" will denote questions asked by Lieutenant Frank Keyser.
The letter "A" will denote answers provided by Investigator Lenny Caruso.
Q.

The purpose of this interview is to inquire into the actions of Trooper Jason Lewis on April
22, 2010, where he was alleged to have been off post and failed to answer his radio.
You are being interviewed as a Witness only in furtherance of providing necessary and
relevant factual information in this investigation. You are not· the target of this
administrative investigation,. and anything you say during this interview cannot be used
against you in a disciplinary proceeding. If during the course of this interview it reasonably
appears that you may be the subject of a potential disciplinary action, I will stop the
interview and advise you of that determination and your rights under the collective
bargaining agreement. Do you understand this?

A.

Yes.

Q.

This interview is being conducted pursuant to Article _16 of the collective bargaining
agreement-between the State of New York and NYSPIA, and the applicable Regulations of
the New York State Police, including Regulations 8A3 and SAIS, pursuant to which you are
required to cooperate and answer truthfully questions relating to the investigation. A refusal
by you to cooperate or to answer questions, or a failure to answer any questions truthfully,·
may result in disciplinary action against you, up to and including the termination of_ your.
employment. Do you understand this?

A.

Yes.

Q.

You are entitled to ali the rights guaranteed by the State and Federal constitutions. As this is
an involuntary interview, your responses are automatically cloaked with criminal irnrnunity.
Accordingly, neither your statements nor any information or evidence that is gained as a
result of, or in reliance upon, this interview can be used by a police or pro·secutorial entity
against you in support of a criminal proceeding. Do you understand this?

A.

Yes.

Q.

You were advised by me today, May 11, 2010, of the matter being investigated and that it
would be necessary to interview you concerning this matter, is that correct? .

A.

Yes.

Q.

I am Lieutenant Frank Keyser and as · a superv1smg officer and representative of the
Superintendent I am authorized to conduct this interview. This interview is being recorded
mechanically at SP Monroe. A full transcript will be prepared and you will ~e provided
with a copy of the tape or will be afforded an opportunity to cause a duplicate of this tape to
he made for your future use. You will be given the opportunity to view the written transcript
from this tape upon completion to ensure its accuracy, and will also be provided with a full
copy of the transcript, subsequent to your signature. Do you understand this?

'A.

Yes.

Q.

Present in this room are myself, Lieutenant Frank Keyser, and Investigator Lenny Caruso.
Do you understand this?

A.

Yes.

Q.

The record will note that you are present in response to a direct order.· You will now be
asked questions relating to this investigation and you are required to answer these qu~stions
truthfully. If you decline or refuse to answer any questions, you will be ordered by me to·
answer. -If you then continue in your refusal to answer, disciplinary action.will be initiated
charging you with disobeying a lawful order: This disciplinary action could result in the
termination of your employment with the Division of State Police. You will be permitted
during this interview to take breaks when reasonable and appropriate. Having been advised
of the above, are you now ready to pr<icee4 with this interview?

A.

Yes lam.

Q.

Please state your full name and rank.

A.

Investigator Leonard Caruso, Jr.

Q.

What is your date of entry with the State Police?

A.

January 8, 1996.

Q.

What is the location of your current assignment?

A.

I am an investigator assigned to SP Monroe.

Q.

Were you working on April 22, 2010?

A.

Yes I was.

Q.

In what capacity?

A.

I was assigned to the back room at SP Monroe, working an 8:30- 4:3Q shift.

Q.
Did there come a time when you tried to reach Trooper Jason Lewis via the SP Monroe desk
radio?
A.

Yes I did. I used the radio at approximately 4:20 and stated, 'Monroe to 2F5'.

Q..

And what was the reason for your attempt to reach him?

A.
I attempted to reach him for.personal questions, he is a friend ofniine, to ask him. At which
time, prior to using the radio, I had called him on his cell phone.
Q.

Okay. Did you ever get in contact with him on that day?

A.

No, I did not.

Q.

Do you know why he did not answer his radio?

A.

No, I don't.

Q.

Do you knciw. where he was at the time that he wasn't answering his radio?

A.

No, I don't.

Q.
After attempting to reach him, you had no contact with him the rest of the day? Your tour ·
ended.
A.

My tour ended. I left at approxima.tely 4:30 and went home.

Q. . Okay. The. time is no 3 :45pm. I have no further questions at this time. Is there anything
further that you would like to add?
A.

No

Q.

The interview is now concluded.

I have read this transcript consisting of three (3) pages and affirm that it is true to the best of my
knowledge. I have placed my initials on the bottom of each page and next to each correction and I
. signed it below.

Investig

(j)

Ge~!. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop F Station
Date

SP MONROE
MAY 11, 2010

To:

Major Edward Raso, Troop Commander, Troop F

From:

Trooper Evan Rothbaum

Subject:

Complaint Against Personnel

On April 22, 2010 I worked a scheduled 2-5 shift. I was assigned to post 669 which
encompasses State Route 17 and I was assigned to Division vehicle 2FS. I do not recall any
radio problems with said vehicle during my shift. If there were any radio problems that I
was aware of I would have contacted SP Monroe dispatch and advised them of saine.

MEMBER WITNESS - INTERVIEW

STATE OF NEW YORK
COUNTY OF ORANGE
TOWN OF MONROE

May 11, 2010

Interview of Trooper Kristen Erario at'SP Monroe on May 11, 2010, by Lieutenant Frank Keyser
commencing at 6:55PM.
·
The letter "Q" will denote questions asked by Lieutenant Frank Keyser.
.. The letter "A" win denote answers provided by Trooper Kristen Erario.
Q.

The purpose of this interview is to inquire. into the actions of Trooper Jason Lewis on
April 22, 2010, where it is alleged to have be~n oJfpost and failed to answer his radio.
You· are being interviewed as a Witness only in furtherance of providing necessary and
relevant factual information in this investigation. Yqu are not the target of this
administrative investigation, and anything you say during this interview cannot be used
against you in a disciplinary proceeding. If during the course of this interview it
reasonably appears that you may be the subject of a potential <lisciplinary action, I will
stop the interview and advise you of that determination and your rights under the
collective bargaining agreement. Do you understand this?

A.

Yes sir.

Q.

This interview is being conducted pursuant to Article 16 of the collective bargaining
agreement between the State of New York and the New York State Troopers PBA, and
the applicable Regulations of the New York State Police, including Regulations 8A3 and
8Al 5, pursuant to which you are required to cooperate and answer truthfully questions
relating to the investigation. A refusal by you .to cooperate or to answer questions, or a
failure to answer any questions truthfully, may result in disciplinary action against you,
up to and including the termination of your employment. Do you understand this?

A.

Yes sir.

Q.

· You are entitled to all the rights guaranteed by the State and Federal constitutions. As this
is an involuntary interview, your responses are automatically cloaked with criminal .
immunity. Accordingly, neither your statements nor any information or evidence that is
gained as a result of, or in reliance upon, this interview can be used by a police or
prosecutorial entity against you in support of a criminal proceeding. Do you understand
this?

A.

Yes sir.

Q.

You were advised on today, May 11, 2010, of the matter being investigated and that it

I

would be ne~essary to interview you concerning this matter, is that correct?
A.

Yes sir.

Q.

I am. Lieutenant Frank Keyser and as a supervising officer and representative .of the
Superintendent I am authorized to conduct this interview. Tiris interview is being
recorded mechanically at SP Monroe. A full transcript will be prepared and you will be
provided with a copy of.the tape or will be afforded an·opportunity to cause a duplicate of
this tape to be made for your future use. You will be given the opportunity to view the
written transcript from this tape upon completion to ensure its accuracy, and will also be
provided with a full copy of the transcript, subsequent to your signature. Do you
understand this?

A.

Yes sir.

Q.

Present in this room are myself, Lieutenant Frank Keyser, and Trooper Kristen Erario.
Do yo_u understand this?

A.

Yes sir.

Q.

The record will note that you are present in response to a direct order. You will now be
asked questions relating to this investigation and you are required to answer these
questions truthfully. If you decline or refuse to answer any questions, you will be
ordered by me to answer. If you then continue in your refusal to answer, disciplinary
action will be initiated ch_arging you with disobeying a lawful order. This disciplinary
action could result in the termination of your employment with the Division of State
Police. You will be permitted during this interview to take breaks when reasonable and ·
appropriate. Having been advised of the above, are you now ready to proceed with this
interview?

A.

Yes sir.

Q.

Please state your full name and rank.

A.

Trooper Kristen Marie Erario.
;

Q.

What is your date of entry with the State Police?

A.

January 15, 2007.

Q.

What is the location of your current assignment?

A.

SP Monroe.

Q.

On April 22, 2010, were you.working?

A.

Yes sir.
2

Q.

What shift were you working?

A.

The one shift.

Q.

What post were you assigned?

A.

608/KJ.

Q.

· What vehicle were you in?

A.

2F6 sir.

Q.

At around 4pm, on that day, do you recall the desk man trying to reach 2F5?

A.

No sir.

Q.

Did Trooper Lewis, who was assigned to 2F5, advise you that he was going to be out of
service, and did he give you a numberi
·
A.

No sir.

Q.
·Do. you have any knowledge of him being out of service or calling out of service at any
time that day that you rec_all?
A.

No sir.

Q.
Did you try reaching him by radio or by cell phone to get in contact with him on that day
about that time?

A.

No sir.

Q.
add?

I have no further questions at this time. Is there anything further that you would like to

A.

No sir.

Q.

The interview is now concluded. It is.7:01.

I have read this transcript consisting of three (3) pages and affirm that it is true to the best ofmy
knowledge. I have placed my initials on the bottom of each page and next to each correction and
I signed it below.

~w-~
Trooper Kristen Erario

<-'- \ : ~

witness
3

'4fk-

OS/12/2010 WED 11:47

FAX 8453463567

EXPORT

EXPORT

VAN

DA'fl: 0S/!U201(
P,

fUEL TRANSACTION
AMOl.lNT TRANSACTION cos·r
CREATt:D
UC~NSE TYPE DATE
.
CLASS (GAL)
TIME
($) ODiJMl:'fER DATE

CARD
HOLDER
TZS NAMi:

008247 2.FS

UL

04/09/2010

l'T(.

6.90 10:24

00824 7 2F~

lJl

04/09/2010

PTL.

lG 52 06:'2

008247 2F5

UL

04/10/2010

t'TL

0082-47 2F5

UI.

04/10/2010

rr1.

12.01 23:4!.J

008247 2F5

UL

04/12/2010

PTt

14.00 04 :44

41.45

02275 04/20/i,'010 f211 SUN FRANK

008247 2F.'i

UL

04/12/2010

PTL

13, 37 18:29

39.JO

82~5S 04/20/2010 F21 l AND~fl.SON
ERIK

00824 7 ;l,f!)

UI.

04/13/2010

P1L

12,30 18:31

36.66

82/50 04/20/2010 Flll ANDERSON
!:RIK

008247 2F5

UL

04/13/2010

P7'L

11,23 06:35

33.25'

82578 04/20/2-010 F2ll RODEN JOHN

008247 2F5

UL

04/15/2010

,,n

16.00 05::Z:6

47.35

008247 2FS

UL

04/16/2010

PTI

16.00 05:05

47.35

D
02927 04/20/2010 F2l l OUKOVlNSKY
ANDREW T
8H61 04/20/2010 F211 SUN FAANK

000247 2f5

UL

04/17/2010

PTL

13.14 06:20

30.90

83336 04/20/2010 F21 l LEWIS

008247 2F5

UL

04/18/2010

PTL

13.6406:13

40.10

03'181 04/20/2010 f:l) 1 l.f.WJS

008247 21=5

UL

04/19/2010

Pl'L

14.13 05: 50

41,55

83630 04/30/2010

P\J

El1798 O<'I/D/2010 f'2 I 1 ANl)ERSON
ERIK

30.93

81708 04/13/2010 n11 LEW!S

44.40

81989 04i13/2010 Fi ll SUN Fr<ANK

JASON J

s

82133 04/13/2010 F211 SUN FRAN!(

s

s

s

JASON J
JASON J

nu

U;WIS
JASON J

008247 2f5

Ul

04/19/2010

PTL

10,00 l il:?..7

32 .00

133767 f)o'\/30/1,010 F2Ll SUN FRANK

00021'17 2FS

UI..

04/20/2010

PTL

6.00 05:55

17.88

03029 04/30/2010 F211 8lJKOVINSKY
ANDR[WT

008247 2 F5

UI

04/20/20JO

PTL

13 .00 19:03

41.60

!13966 04/30/2010 F211 SUN FRAN:(

008247 2F5

UL

04/21/2010

PTL,

16.54 16:10

49.62

OOU247 2f5

UL

0 4/22/2010

PT(

12 94 16:49

38.81

000247 2FS

UL

04/23/7.010

PTL

14.42 15:02

43.27

04153 04/30/2010 f 2H LEWIS
J/\SON J
84 262 04/ 30/ 20 10 !Q ll U:W!S
JASON J
8'1433 0'1/30/20JO F2U BUKOVINSKY

000247 2f5

UL

04/24/2010

PTI.

11.SJ 05:07

34.59

8'1565 0<1/30/2010 f211 KELLY SEAN
p

04/24/2010

PTL

l~i.00 t7 :41

45.00

8'1763 04/30/2.0J0 f=2l 1 SUN FRANK

s

s

ANDREWT

009247 2r'S

s
008247 2FS

UL

04/26/20Hl

Pl'L

U.74 06:21

26.21

84812 05/04/2010 F2l 1 l<ElLY SE/\N

0002<17 2FS

UL

04/28/2010

P'i"L

9.l 7 06:09

27.89

2r-s

UL

04/29/2010

PTL

M.38 18:2'1

43.70

()4%4 OS/04/'WlO 1'211 ANDERSON
f:AIK
85365 05/04/2010 1'211 S!KORSKl

008247 2FS

UL

04/29/ioio

PTL

15.22 07:44

46.56

0082'17 2FS

UL

04/30/2010

PR

9 . 53 18:29

29.lll

000247 2r·S

Ul

04/30/2010

PTL

15.07 (}1:35

46.10

8$559 05/04/2010 f2U TINNlRHLO
.
DOUGI.AS

008247 2FS

UL

05/02/2010

l'Tt

6.22 06:40

20.28

05795 05/11/2010 F,tll ANDERSON
ERIK

008247 21'5

UL

05/04/2010

PTL

10,91 os :21

33.72

85941 05/11/2010 l't l l 7'lNNIR€U.O

p

008247

TIMOTIIY M

.8516'3 0S/0-t/2010 f21l SIKORSl<I
TJMOTtfl' M
85694 OS/04(2010 F2 ll LEWIS
JASON J

hUp://fleetwave/script/export_J;rint.asp?Ot)tion=J&filcnamc=FUEL__ISSUES __FW&embcd ... 5/}2/2010

12. Div/Precinct

1. Agency

F2 TROOP F - ZONE 2

:¼ ,~ ?;-_:NeW:,i{Orl(St_lt~; '"/\-> -

7,8,9.- Date Reported (Day, Date, Time)
TifURSDAY 04/22/2010 12:30

~;r·

'JN~IIl'E~ REPOJUl -•

F211

,10,11,12. Occurred On/From (Day, Date, Time)
THURSDAY 04/22/2010 12:30

(1~

1

s. Case No.
16" Incident No.
3503296
NY1350200
r3,14,15. Occurred To (Day, Date, :ime)

ORI

'

117. Business Name

16. Incident Type

SP MONROE

AID-FINGERPRINTING
f9".1nc1dentAddrcss (Street Name, Bldg.No., Apt. N o.J
20. City/State/Zip

MONROE NEW YORK 10950

123. NO. of~ictfms

21. Location Code (fSLED)

MONROE TOWN 3660

124. No. of Susp~cts

126~ Victim also Complainant?

Location Type

GOVERNMENT OFFICE

ASSOCIATED PERSONS

845)567-0423

NARRATIVE
Date of Action

IDate Written

I Officer Name & Rank

04/22/2010

104/22/2010

I LEWIS, JASON (TPR)

Narrative

WILLIAM D WHETSEL 05/31/66 AT SP MONROE TO BE PROCESSED FOR CDL PRINTS. CLOSED

ADMINISTRATIVE
74. Inquiries

175. NYSPIN Mes~age No.

76. Complainant Signature

DMVCHWW
77. Reporting Officer Signature (Include Rank)

78. IDNo.

TPR JASON LEWIS

81. Status
CLOSED BY INVESTIGATION

3020

182. Status Date

79. Supervisor Signature (Include Rank)

80. ID No.
2546

SGT SIC BRUCE FURBECK

83. Notified/fOT·

04/22/2010

I Solvability Total

~Page I of 1

5/12/2010

0

16:36:05

State ofNew York
County of Orange
Town of Monroe

May 25, 2010

The following statement is being voluntarily provided by Mr. Moses Witriol, DOB
, of
Village of Kiryas Joel. The statement is being
taken by Lieutenant Frank Keyser, New York State Police, at'SP Monroe, 369 Nininger
. Rol,ld, Monroe, N~wYork 10950 on May 25, 2010, commenc(ng at4:27 PM.
On April 22, 2010_: ~
3:45PM, I received a call from Mr.
who resides at
NY. Mr.
told me .that there was a
State Trooper vehicle ·parked at
.which-is~the·: ~ · -- - _-· - -residence.. The State Trooper vehicle was. parked in the rear of the driveway with the
engine running. There was no Ttoo er in the c a r . ~ told me he heard from the
person renting next door, Mi:.
I asked Mr. ~ e t the license plate number.
Mr. told me that Mr.
uldn't .see from the distance he was at.
lives across the street from the
His .b~c]s: yard faces their front yard. Mr.
Iooked and got the ~ l a t e number which was 2F5. I then drove to the area
and sat in front of Mr. . . . . house at approximately 3:52PM. I sat there for
approximately an hour and also liste~~ to the State Police radio. I heard the State Police
radio call to 2F5, which was not . responded to. I heard the radio two times,
approximately one minute.apart. At the beginning, I was concerne~ s~appened.
I did some research and found that the woman who lives there,
has had
previous complaints with the Village of Kiryas Joel.· At approximately 4:37PM,
crune by in a black pickup. He saw me and started screaming something. He
drove in front of the house and started sounded his siren. At approximately 4:38PM,
Trooper Lewis, the woman and the little girl came out of the residence. I then left.

I•

Mr.' 11111

11111

11111.....

LT- . "-\- Mi.y..<....,

IU-~~-

Lieutenant Frank Keyr

MEMBER TARGET- NON-CUSTODIAL INTERROGATION

STATE OF NEW YORK
COUNTY OF ORANGE
TO\VN OF MONROE

JUNE7,2010
This Statement is taken from Trooper JASON J. LEWIS at SP Monroe on June 7, 2010, by
Lieutenant Frank Keys~r, commencing at 10:56AM.
·
The letter "Q" will denote questions asked by Lieutenant Frank K~yser.
The letter "A" will denote answers provided by Trooper Jason J. Lewis.

- -

-~-.-.-'The purpose oftliisinterrogation1s to inquire into your activities as ·a Member of the
New York State Police. Specifica\ly, it has been alleged that oil April 22, 2010, you were
off post without proper authority and failed to answer repeated calls from your radio
control point. In addition, you conducted an improper NYSPIN inquiry and failed to
follow Zone· 2 orders which required that communications be made via Troop radio not
cell phone when conducting" a·NYSPIN inquiry. It is further alleged that you failed to
- r e Division vehicle 2F.5, ~hile_ you were inside the residence a ~ -

Thi~ interrogation is being conducted pursuant to the Article 16 of the current New·York
State Troopers Collective Bargaining Agreement and the Regulations of the New York
Sta·te Police, including 8A3 and 8A15 . .
You have the right to contact and consult w·itb a union represen~ative or attorney before
being interrogated, and to have a union representative or ~tt9rney of your choosing ·
present during the interrogation. Do you understand this?
A.

Yes.

Q . . · You are Q.Ot under arresl However, Article 16 and the applicable Regulations require
you to cooperate and. answer truthfully questions relating to the allegations. A refusal by
you to cooperate or to answer questions, or a failure to answer any questions truthfully,
may result in disciplinary actio·n against you, up to and including the termination of your
employment: Do you understand this?
A.

Yes.

Q.

.You are entitled to all the rights guaranteed_.by the State and Federal constitutions. As'this
is an involuntary statement, your responses during this interrogation are automatically
9loaked with criminal immunity. Accordingly, neither your statements nor any
information or evidence that is gained as a result of, or in reliance upon, this interrogation

can be us_ed by a police or prosecutorial entity against you in support of a criminal .
proceeding. Do you understand this?
·
A.

Yes.

Q.

Are you being represented at this time and if so, by whom?

A.

Yes· I am, by my Troop F Delegate Richard Amedure and by the Associate General
Counsel Maria Morris.

Q.

You were advised on May 21; 2010 of the matter being investigated and that it would be
necessary for you to give a statement concerning this ·matter, is that correct?

A.

Yes.

Q.
I am Lieutenant Frank Keyser and as -a supervising_officer_and_representative-of-the--. - - - - - - - ~-superintendent, I am-authorized to conduct this interrogation. This interrogation is being
recorded mechanically at SP Monroe. A full transcript will be prepared and you will be
provided with a copy of the tape or will be afforded an opportun}ty to cause a duplicate of
this tape to be made_ for your future use. You will be given the opportunity to view the
written transcript from this tape upon completion, to ensure its accuracy, and will also be
provided with a full copy of the transcript, subsequent to your signature. Do you
understand this?
A.

Yes.

Q.

Also present in the room are PBA Associate General Counsel Maria B. Morris and Troop
"F" PBA delegate Richard Amedure. Do you understand this?

A.

Yes

Q.

-The record will note that you ~re present in response to a direct order. Trooper Lewis,
. you will now be asked questions relating to the performance of your official duties and
you are required to answer these questions. If you decline or refuse to answer any
questions, you will be ordered by me to answer. If you then continue in. your refusal to
answer, disciplinary action. will be initiated charging you with disobeying a lawful order.
This disciplinary action could result in the termination of your employment with the
Division of State Police. You will be permitted during this statement to take breaks when
reasonable and appropriate. Having been advised of the above, are you now ready to
proceed with this interrogation?

A.

Yes.

Q.

Please state your full name and rank.

A.

Jason J. Lewis. Rank of Trooper.

Q.

What is your date of entry with the Division of State Police?
2

A.

05/19/2002.

Q.

.
.
What is·the loc3:tion of your current assignment?

A.

State Police Monroe.

·Q.

Were you working on April 22, 2010?

A.

Yes.

Q.

What tour were you working on April 22, 201 0?

A.

I

A 1-5 shift.
•

Q.

What was yo_ur_!ssigned vehic:le on A.pril 22, 201 O? ___ ----'-----'-- - -.----- - - -

A.

2F5.

Q.

What was your assigned post on April 22~ 2010?

A. ·

Post 609 and 669.

Q.

What location
does post 609/669 cover?
.
.

· A. . · Post 609 covers Town of Chester, Town of Blooming Grove and Village of Chester and
Village of South Blo_oming Grove. Post 669 is Route l 7.
Q.
Did you experience ~ny difficulties with the radio in 2F5 during your tour on April 22, ·
2010?
.

A.
·Q.

No.
Did you go.off post during your tour ·o.n April 22, 2010 at about 3:30~M?

A.

Yes.

Q.

Did you notify your radiQ c.ontrol point, upon leaving your post? ·

A.

No.

Q.
Did there come a time whe·n you drove to the area of
Highland Mills?

A.

Yes:

Q.

What was the reason that you drove to that location? .

3

in the Town of

.

.

A.

To continue some investigation.

Q.

What time did you drive to that location?

A.

Approximately 3:40PM.

Q.

What specific location did you drive to at that location?

A.

Unknown when I first arrived.

Q.

Were you looking for anyone in particular at thatlocat_ion?

A.
Q.
-

-

. Yes.
Who lives at that location?

A-:-~esidence.

Q.

Did you cause a NYSPIN inquiry to be conducted when you were in the area o ·
'
.
· .

A.

Yes.

Q.

How did you cause the NYSP~ inqqiry to be completed?

A.

Via cell phone.

Q.

Why did you not use the radio, as directed by Division policy?

A. .

I just don't know. I just didn't do it.

Q.

Who ran theNYSPIN inquiry?

A.

Trooper Glassey.

Q.

What was the inquiry of?

A.

A vehicle registration plate.

Q.

Specifically, what was the data of, if you recall?

A.

I do not recall.

Q.

What was the reason for the NYSPIN inquiry?

A.

I was trying to establish an address for t h e - residence.

Q.

Was there a legitimate purpose for th~ NYSPIN inquiry?
4

..
A.

Yes.

Q.

What was the purpose for the NYSPIN inquiry?

A.

I was trying to establish an address for the

Q.

Did you drive

That was the only reason.

to a specific location, as a result of infonnation from the NYSP~ inquiry?

No.

- --

Q.

What was the address?

Q.

Who did you see there_?_ _____ _ __

.A.

11111-

Q.

Is-that the person you were_ looki~g for?

A.

One of the persons.

Q.

Y'bat was the purpose of you driving to that location?

A.

To speak to the homeowners.

Q.

Explain.

- -. -

---

-

- - -- - -- ·-- - - - -- -

A.
My reason was to speak to the husband .and the wife. l did not know the husband _was not
there. When the, wife returned, I only.knew her and thecleaning lady were there.
Q.

Where did you park 2F5 at that address?

A.

In the qnveway.,

Q.

Did you dismount/ex.it 2F5?

A.

Yes.

Q.

Did you leave 2F5 running with the keys in it when you dismounted?

A.

I. don't recall, probably not. 99.9% of the time~ I shut the car off and lock the doors.

Q.

Do you have extra keys for 2F5?

A.

I don't recall.

5

•
Q.

Is it possible you left 2F5 running, exited 2F5 and locked it, having an extra set of keys?

A.

I don't recall.

· Q.

Did you close the windows?

A.

Yes .

. Q.

Did you lock the doors?

A.

Yes.

Q.

Describe where you parked 2F5?

A. .

Parallel to the steps of the front walkway.

Q-.-.~.Descrifie liow you parked 2F5?
A.

I backed it in.

Q.

Was there room to park 2F5 on the road in front of the residence?

A.

Yes.

Q.

Was there room to park 2F5 at the beginning of the drive~ay?

A.

Yes.

Q.

Did you park next to the door of the residence?

A.

Yes .

. Q.

Why did you park 2F5 in that manor?

A.

I always back in when I am.going.to a residence.

Q.

Did you call out of service when you left 2F5?

A.

No.

Q.

What time did you arrive at the residence?

A.

Approximately 3:50.

Q.

Did you have a portable that day?

A.

.

r

.

No.

6

•

-,

· Q.

What time did you leave the residence?

A.

Approximately 4:25 / 4:30.

Q.
you?

Did you become aware that Monroe Desk was trying to raise 2F5 to assign a complaint to

A.

Yes.

Q.

How? When? ·.

A,

Once I left the residence, via cell phone from SP Monroe ..

Q.

Who did you get a call from?

'

1\.. -~rnvestigator Caruso called- and said Mike (Trooper Glassey) is trying to rea.ch you. I

notified Trooper Glassey that I'm at a gas pump and then will be on my way back to the station.
Q:

Do you·know what the complaint was about?

A.

No.

Q..

Upon leaving the residence, where did you go?

A.

Gas Station.

Q.

Where did you fuel 2F5?

A.

Mobil-On-The-Run in the Village ofMonroe.

Q.

What time did you fuel 2F5?

A.

Approximately a quarter to five, in that vicinity. ,

. Q.

What did you do after you fueled 2F5?

A.

I returned to SP Monroe.

Q.

Upon returning to SP Monroe, did you have a conversation with Zone Sergeant Quinn?

A.

Yes.

Q.

. How did the conversation with Z~ne Sergeant Quinn come about? (Rc.:Ri'-- 10 (',,1:,~ ~)

«

A.
I walked back to his office and asked ifhe'had a moment to talk to: I told him I was at a
residence in the Town of Woodbury. Upon leaving the residence, I ·was stopped by a local
resident who stated that Moses was taking photographs of my vehicle while it was ·backed in the
7

/

..
driveway. Zone Sergeant Quinn asked why. I said I don't lmow. I was at the residence talking
to the family and when I left, that is what I found out. Then the conversation with Zone Sergeant
Quinn ended.
,
Q.

Was there an SJS entry for the conversation on date'prior to April 22, 2010?

A.

No.

Q.

Was there an SJS entry for April 22, 2010?

A.

No ..

Q.

_Who is Moses Witriol? What is his job title?

A.

He is the Director of Public Safety in Kiryas Joel.
--'---

-- -

-.

~-- - -

Q.
Howmd you explain to Zone Sergeant Quinn where you were when you believe you
were observed by Moses Witriol?
A.
I walked back to his office and asked ifhe had a moment to talk to. I told him I was at a
residence in the Town of Woodbury. Upon leaving the reside1ice, I was stopped by a local
resident who stated that Moses was tµdng photographs of my vehicle while it was backed in the
driveway. Zone Sergeant Quinn asked why. I said I don't lmow. I was at the residence talking
to the family and when I left, that is what I found out. Then the conversation with Zone Sergeant \
Quinn ended
~\-; G."'~~-\,~('-, v.!l~~ ~~~c,.:,"tF..t.t-... 0 ~ A ~c-e.'3io"-., o.~u.\-1',,~~ ~~f:l<,t. 7 J
·
\'T-.~ . f\-('l~wc:., Wt'>'i:. ~\..tc-. ,~~'j~t.~ -tt~ "\-'h.\~ Q"~'t'lo...._. W
W
Q.

. How did Moses s.e e you at that location?

.

A.

I don't lmow.

Q.

"Did you see Moses?

A.

No.

Q:

How long did you tell Zone Sergeant Quinn that you at that residence?

A.

I don't recall.

Q.
Are you familiar with
Monroe on July 18, 2007?

1111 and

A.

Yes.

Q.

What was the basis of this complaint?

c~:>ntact with the State Police in ·

A.
Q.

')>

Was that complaint yours?
8

•
A.

Yes.

Q.

Was there any follow up entries in SJS made since 20q7-2008?

A.

I don't recall.

Q.

Was there any action that caused you to re-contact t h ~ - on April 22, 20101

A.

Yes.

Q.

Explain.

A.
Approximately two weeks prior to April 22, 2010, while patrolling in Kiryas Joel, I was
approached by the They said hi; and since returning to the Monroe area, the wife
has been receiving harassing phone calls_ on her cell J)hone . _ _

- - ~-- - -----~

--

Q.
-

What djd you mean when you said, "upon returning to Kiryas Joel", meaning the
moving back?
· ·
. ·

A.

I found out two weeks prior to April 22nd, that they were temporarily living i n .
.
.
.

Q.
add?

I h'ave no further questions at this tinie. · Is there anything further that you would like to

A.

No.

Q.

The interview is now concluded. The time is. 11 :54AM.

-

I have read this transcript consisting of nine (9) pages and affirm ·that it is true to the best of my
knowledge. I have placed my initials on the bottom of each page and next to each correction and
I signed it below.

9

- .,.

..............

Complaint of Personnel Investigation 20100232
Type:

Sub Type

Personnel

Incident
Report Due

4/22/2010
6/7/2010

4:00 PM

Level Inv.

T

No

Commissioned Officer

Troop:
3

Mode Rec.
CTV:

F

Status: P

In Person

F3660 - T/MONROE

Report Location

Synopsis:
On April 22. 2010, Trooper Jason Lewis was assigned a 1 tour out of SP Monroe. At approximately
4:00 PM, he failed to answer his radio when repeatedly called by the SP Monroe desk member.
He was subsequently found to be off post without proper authorization.

Troop F to investigate
Classification:

Finding:

INTERNAL ADMINISTRATIVE MATTERS

Subjects:

- - - - - - - - - - - - - - - ~ -ank_IRO.OeER _ _ _ _ _

Last Name

LEWIS
First
JASON
Troo F
Locatio MONROE
CCC 1: DISOD
CCC 2: NEGLT
CCC 3:

Jl.OE

5/19/2002

Ml J

Complainants:
Shield 3024 Rank
Address
Home Phone

Last Name NEVINS
CAPTAIN
Sex M
City
Work Phone

SP

First Name STEPHEN Ml
TZS F200
DOE
8/9/1981
State
Zip

Administrative Personnel:
ID
Last

NEVINS

First

ID
Last

CORLETT

First
ID

Last

NEVINS

First
ID

Last

MAZZONE JR

Thursday, May 06, 2010

First

RECEIVING MEMBER
STEPHEN

TZS F200
Date/Time 5/6/2010

Ml

MEMBER AT TROOP NOTIFIED
KEITH

Ml

M

MEMBER WHO NOTIFIED
STEPHEN

MEMBER AT DIV NOTIFIED
RICHARD

Ml

TZS F012

Date/Time 5/6/201 O

TZS F200
Date/Time 5/6/2010

Ml

L

11:00

11:00

TZS H132
Date/Time 5/6/2010

11:00

Page 1 of2

ID

Last

KEYSER

First

MEMBER WHO NOTIFIED DIV
FRANK

Ml

J

TZS F200

Date/Time 5/6/2010

Page2of2
Thursday, May 06, 2010