LOFRESE, JOSEPH M TROOPER

TYPE: Personnel
CASE# 20130362
FINDING: Founded
Complainant:
BRENDAN CASEY

INTERNAL AFFAIRS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 20130362
CTV:lli§.2
TYPE: Personnel
REGION: South
LEVEL: .3.
Subject(s): Troooer Josenh M . Lofrese
Troop or Detail F
Investigated by:Z/S~t James A . Whittel
Staff Inspector:Georne Beach
Date: 9/ 19/13
SUBJECT IDSTORY REVIEWED? IXl
AUDJO? IX'.!
ON PROBATION? I I
VIDEO? 0
ALLEGATION: Im ro er Use ofTaser·
SYNOPSIS: Trooper Lofrese failed to follow Taser Use Policy by firing his taser a fleeing suspect who was operating an
ATV. Suspect subsequently fled scene and was not apprehended.
Founded.

181 Founded D Unfounded D Unsubstantiated O Closed by Investigation
Recommended Level of Adjudication: D Troop Level O Division Level
Finding of Investigation:

Adjudicated at TroopO

Date:

Date Forwarded to Assistant Deputy Superintendent -

Finding oflnvestlgation:

'li(! Founded

Recommended Level of Adjudication:

O Unfounded

t8(Troop Level

O Unsubstantiated

D Closed by Investigation

O Division Level

Direction:

0 Troop Level - Return to Chief Inspector
O Division Level -- Forward to Division Counsel
Date Forwarded to Counsel or the Chief Ins ector:
D Troop Level ·
Rank/Name of Member Notified _ _ __ _ _ _ __
Date Notified: _ __ _ _ Notified by Whom:

Complaint ofPersonnel Investigation 20130362
Type:

Sub Type

Personnel

8/14/2013

Incident Date/Time
Report Due

Troop:

T

CTV:

3

Commissioned Officer Assigned No

fl

Mode Rec. In Person

6:25 PM

9/16/2013 Level Inv.

Status:

F

F3601 • C/MIDDLETOWN

Report Location

10n/2013

IAB

Synopsis:
Trooper Joseph Lofrese deployed his Division issue taser against an unknown Individual operating an ATV
(AMS# AMSM214234028). The use of the taser in the incident appears to violate Division Taser Polley
forbidding the use of a taser against an individual operating a vehicle.
Troop F to Investigate.

C/assfffcatlon: USE OF FORCE
Subjects: ···-,-·-·--·----···-----

111111111111111

Employee ID

Finding: F
- - -Rank

LOFRESE

Last Name

2/14/2005

Ml M

---- Locatlon MIDDLETOWN _ _ _ _ __ _ _ __ _ _ __

CCC 2: DISOD

CCC 3:

j

Complainants:

Employee IDIIIIIIIIIIIIIII
Shield 4117

DOE:

TROOPER

First Name JOSEPH

. . _ ... . . -·- ·--··-- Troo~

CCC 1: TASEF

- -- - --

Rank

Last Name CASEY

First Name BRENDAN
SP Employee ~

SexM

CAPTAIN

Address

City

Home Phone

WorlcPhone

State

DOE

Ml R

TZS F200

9/22/1986

Zip

Administrative Personnel:
Employee ID
Last

111111111111111

Employee ID
Last

First

CASEY

· - - - - - --

ID

------ .

111111111111111

NUZZO

ID
First
ID

Last

CASEY

Employee ID
Last

111111111111111

BEACH II

Monday, October 07, 2013

.. ..

.

First
ID
First

TZS F200

RECEIVING MEMBER
BRENDAN

Ml

R

Date/Time: 8/14/2013

7:00 PM

.. .. ····· -··· ·-----MEMBER AT TR9OP NOTIFIED
ROBERT

Ml

M

Date/Time: 8/14/2013

MEMBER WHO NOTIFIED TROOP
BRENDAN

Ml

R

MEMBER AT DIV NOTIFIED
GEORGE

Ml

P

TZS F300

7:00 PM

TZS F200

Datemme: 8/14/2013

7:00 PM

TZS H132

Date/Time: 8/1 4/2013

7:00 PM

Page 1 of 2

Employee ID
Last

11111111111111

NUZZO

ID
First

rzs

MEMBER WHO NOTIFIED DIV
ROBERT

Ml

M

F300

Datemme: 8/14/201 3

7:00 PM

-------···· ·----· ···-Employee ID
Last

WHITTEL

Employee ID
Last

11111111111111

11111111111111

BEACH II

Monday, October 07, 2013

ID

INVESTIGATOR

First

JAMES

ID

REVIEWER

First

GEORGE

---

TZS F200
Ml

A

Date/Time: 9/4/2013

TZS H132
Ml

P

Date/Time: 10/1/2013

.

,,

.

:·, .

Page 2of2
·•, ; ; ,

JOSEPH A. D' AMICO
SUPERINTENDENT

MAJOR PATRICK J. REGAN
TROOP COMMANDER

STATE OF NEW YORK

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

December 18, 2013
Trooper Joseph M. Lo:frese
New York State Police
Middletown, New York

LETTER OF CENSURE

Dear Trooper Lo:frese:
On August 14, 2013 you pursued an ATV that was driving on the roadways in the
area of Mud Mills Road and Silver Lake Scotchtown Road in the Town of Wallkill. Upon locating
the ATV, you ordered the driver to step off the ATV. The subject failed to comply and accelerated at
you in an attempt to inflict bodily harm. You deployed your taser at the subject and jumped out of
the way. The subject then fled the scene and was unable to be identified. In using the taser in this
incident, you were in violation of Regulation 8A2, specifically the NYSP Taser policy, section E(h),
which instructs members to not discharge an ECD against an individual who is in control of a vehicle
in motion, or a vehicle that could be immediately put into motion.
On December 18, 2013 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 for your actions. I
trust that you will not allow this to happen again.
Sincerely,

Patri
Majo
Troop Commander

!WIHl!o!

•

PM Ml

NEW YORK STATE POLICE

MEMORANDUM
Troop F Station Middletown
Date
To:

Major Patrick J. Regan, Troop Commander

From:

Trooper Jo~eph Lofrese

Subject:

DISCIPLINARY ACTION

November 5, 2013

/;:::?/?!~

I hereby request to have the above-captioned investigation adjudicated by the.
· Troop Commander pursuant to Rule 3, Disciplinary Action, of the New York State Police
Manual.
I waive the following:
1. ·

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

2.

Any right to appeal theTroop Commander's adjudication, which may be a
determination of unfounded or, upon a finding of guilt, the imposition of
the following penalties:
·
·
i.

A letter of censure and/or

ii.

An intra-troop transfer and/or

111.

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

NEW YORK STATE POLICE
MEMORANDUM
Troop F Station Middletown
Date

December 18, 2013

To:

Deputy Superintendent Daniel R. Penny

From:

Major Patrick J.

Subject:

COMPLAINT AGAINST PERSONNEL - 20130362 - LEVEL 3
TROOPER JOSEPH M. LOFRESE, SP MIDDLETOWN

Regf

roop Commander

Reference is made to the previously submitted Level 3 report regarding the above
subject.
On December 18, 2013, Trooper Lofrese 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 for his actions. I have attached a copy of the
Letter of Censure and consent waiver.
This matter is closed.

Attach.

NEW YORK STATE POLICE
MEMORANDUM

'TROOP F STATION Middletown .
DATE

September 13, 2013

TO:

Deputy Superintendent aniel R. Penny

SUBJECT:

COMPLAINT AG INST PERSONNEL- 20130362 - LEVEL 3
TROOPER JOSEPH M. LOFRESE, SP MIDDLETOWN

Reference is made to the attached report of Zone Sergeant James A. Whittel and cover
memorandum of Captain Brendan R. Casey regarding the above subject.
I have reviewed the attached report and agree that it is founded. Trooper Lofrese
violated Regulation 8A2, specifically .the NYSP Taser policy Section E(h), when he deployed a
Taser against and individual who was operating a vehicle.
Recommend appropriate administrative action at Troop level. Forwarded for your

Attach.

Genl.7

NEW YORK STATE POLICE

MEMORANDUM
Troop£_5tation

SP Monroe

Date_ _-=S-=e;.a;:;p..;.;te=m=b=er....9"""'"""'2=0......1......
3

To:

Major Patrick J. Regan Troop Commander, Troop F

From:

Captain Brendan R. Casey, Zone 2 C o m ~

Subject:

COMPLAINT AGAINST PERSONNEL 2013-0362
TROOPER JOSEPH M. LO FRESE, EOD 02/14/05, SP MIDDLETOWN

Reference is made to the attached Genl. 30 Investigative Report of Zone Sergeant JAMES
A. WHITTEL, SP Monroe, dated September 4, 2013, regarding the above-captioned subject.
I have reviewed the attached report submitted by Zone Sergeant WHITTEL and concur with
his findings. On August 14, 2013, Trooper JOSEPH M. LOFRESE pursued an ATV that was driving on
the roadways in the area of Mud Mills Road and Silver Lake Scotchtown Road in the Town of Wallkill.
Upon locating the ATV, Trooper LOFRESE ordered the male subject to step off the ATV. The subject
failed to comply and accelerated at Trooper LOFRESE in an attempt to inflict bodily harm. Trooper
LOFRESE deployed the Taser at the subject and jumped out of the way. The subject then fled the scene
and was unable to be identified. The use of the Taser in this incident violated the Division Taser Policy
forbidding the use of a Taser against an individual operating a vehicle.
Trooper LOFRESE violated the following Division Rules and Regulations:
8A2 - failed to comply with Rules, Regulations, Instructions, specifically:
Trooper LOFRESE was found to be in violation ofNYSP Taser policy section E(h) where
Members shall not discharge an ECD against an individual who is in control of a vehicle in motion, or a
vehicle that could be immediately put into motion.
Recommend this case be CLOSED- FOUNDED. Recommend appropriate administrative
action for Trooper LOFRESE.
Attachment

• GENL .•30 (REV ~/00)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING TROOP

MANAGING TROOP

F

DATE OF REPORT

09/04/13

F

Trooper Joseph M. Lofrese
EOD 02/14/05
SP Middletown

DATE OCCURRED

TZS

08/14/13

F221

CTVCODE

F3666

INVESTIGATIVE PERIOD

TYPED BY

JAW

08-14-13 to 09-04-13
REPORT OF

SHIELD

2461

Z/Sgt James A. Whittel

V

CHARACTER OF CASE - (CC CODE)

STATION

Complaint against Personnel

SP Middletown

PCT0100

CASE#

20130362

STATUS OF CASE
( ) CA ( ) C/EC ( ) C/INV ( ) C/UNF ( ) C/UNS ( X) C/FND () OPN

Reference: Report of Personnel Investigation 20130362
Enclosures: To Division Headquarters and Troop "F"
1)
2)
3)
4)
5)
6)
7)

Gen 34D and associated photographs
AMS message AMSM214234028
SJS entry 5237279
Gen 89- NYSP use of Taser X26
Gen 91 - Pursuit Report
Taser down load report
Memorandum of Trooper JOSEPH LOFRESE

FOR TROOPIDIVISION HEADQUARTERS USE ONLY
~,_

APPROVED:

.J!;:i~::;:;,:~~
~==~~~=----------

ZONE _ _

TROOP_.,E,-//_'1--+<'.((;~/i,r-"',/:::::~::·~_ _ _ _ _ _ __
DHQ

/'/
/

DESTROY IN 20 - - -

INITIALS

PERMANENT RETENTION _ _ _ _ _ _ _ _ _ _ _ __
INITIALS _ _ _ _ __
RCN

SYNOPSIS:
On August 14, 2013, Trooper JOSEPH M. LOFRESE pursued an ATV that left the roadway onto railroad
tracks. Upon terminating the pursuit, Trooper LOFRESE was able to locate the ATV operator again on the
railroad tracks. The ATV operator stopped upon Trooper LOFRESE's verbal command, but then accelerated
at Trooper LOFRESE in an attempt to inflict bodily harm. Trooper LOFRESE deployed the Taser at the ATV
operator, but it was ineffective due to only one prong striking the ATV operator. Trooper LOFRESE was able
to jump out of the way of the ATV. The subject then fled the s9en~ and was unable to be identified. Trooper
LO FRESE was forced to make a split second decision as to whqre or not to deploy the Taser. The deployment
of the Taser against an individual who is in control of a vehicle in motion, or a vehicle that could be
immediately put into motion is a violation of the NYSP Taser policy. Trooper LO FRESE drew the Taser and
pointed it at an individual that was in control of a vehicle that could immediately be put into motion. He then
deployed it against an individual who was in control of a vehicle in motion. I recommend appropriate
disciplinary action.

DETAILS:
RAILROAD TRACKS, MIDDLETOWN, NY:
1.
On August 14, 2013, at approximately 6:25 pm Trooper JOSEPH M. LOFRESE (BOD 02/14/05 SP
Middletown) had a pursuit and deployed his Taser against an unknown ATV operator on railroad tracks in the
Town of Wallkill near the intersection of Mud Mills Road and Cottage Street One prong stuck in the
unknown operator, and the operator was able to get away since the Taser had no affect. Sergeant JARED W.
DUFFY (BOD 01/07/02 SP Haverstraw) was advised and responded to the scene.
2.
On August 14, 2013, at approximately 6:45 pm Trooper LOFRESE was interviewed by Sergeant
DUFFY. Trooper LOFRESE stated that he saw an ATV driving on the roadways in the area of Mud Mills
Road and Silver Lake Scotchtown Road. The ATV went off the roadway then and up onto rail road tracks
where Trooper LOFRESE terminated the pursuit. Knowing the area, Trooper LOFRESE was able to get up on
the railroad tracks on foot and locate the ATV. Trooper LOFRESE ordered the ATV operator to stop. He
ordered the ATV operator to step off the A TV where the operator failed to comply. Trooper LOFRESE
ordered the operator to again step off the ATV while also drawing his Taser at the unknown operator. The
operator accelerated at Trooper LOFRESE who deployed the Taser at the unknown operator and jumped out of
the way of the ATV. Sergeant DUFFY secured the afids and Taser cartridge at the scene. Sergeant DUFFY
photographed the scene. Gen 34D and associated photographs are enclosed as enclosure #1.

AT SP MIDDLETOWN, MIDDLETOWN, NY:
3.
On August 14, 2013, Sergeant DUFFY advised Captain BRENDAN R. CASEY of the facts
surrounding the case. Since the incident involved the deploying of the Taser against an individual operating a
vehicle in motion, which is in violation of the Taser policy, Acting Troop Commander, Captain ROBERT
NUZZO, was advised and a complaint against personnel was initiated. Zone Sergeant JAMES A. WHITTEL
(EOD 09-27-93 SP Monroe) was assigned to investigate.
4.
On August 14, 2013, Sergeant DUFFY advised Trooper LOFRESE of his contractual rights and
advised him to prepare a memorandum detailing the incident. Sergeant DUFFY also completed AMS #
AMSM214234028 detailing the incident. Copy of the AMS entry is enclosed as enclosure #2.

5.
On August 14, 2013, Trooper LOFRESE completed SJS entry 5237279 detailing the incident. Copy
of the SJS entry is enclosed as enclosure #3.
6.
On August 14, 2013, Trooper LOFRESE completed the Gen 89 (NYSP use ofTaser X26) form and
Gen 91 (Vehicle Pursuit Report). Originals submitted through channels under separate cover. Copy of Gen 89
and Gen 91 are enclosed as enclosures #4 and #5 respectively.
1

7.
On August 14, 2013, Sergeant DUFFY down loaded the Taser report. A review of the report shows
only one 5 second firing of the Taser at 6:24 pm. Taser down load is enclosed as enclosure #6.

AT SP MONROE, MONROE, NY:
8.
On August 15, 2013, I advised Trooper LO FRESE that I will be conducting the investigation into the
incident. I advised Trooper LOFRESE to submit his memorandum to me after consulting with his PBA
delegate.

AT SP MIDDLETOWN. MIDDLETOWN, NY:
9.
On September 4, 2013, I interviewed Trooper LOFRESE about the incident. Trooper LOFRESE
maintained the same version of events as articulated to Sergeant DUFFY. He saw the ATV operating
recklessly on Silver Lake Scotchtown Road where he activated his lights and sirens in attempt to stop the
A TV. The A TV made a U-turn and then proceeded onto Mud Mills Road where it eventually turned off the
road and entered railroad tracks. The pursuit lasted only a mile. Trooper LOFRESE terminated the pursuit
and went to a different area along the railroad tracks in an attempt to locate the ATV again. After being on
foot on the tracks he located the A TV and ordered it to stop. The ATV stopped, and then the operator was
ordered off the ATV which the operator failed to comply. The operator was now demonstrating numerous
signs of aggression; thus Trooper LOFRESE drew the Taser and pointed it at the operator. He again ordered
the operator off the A TV at which time the ATV suddenly accelerated at Trooper LO FRESE in an attempt to
strike him. Fearing for his life, Trooper LOFRESE deployed the Taser at the unknown operator and also
jumped out of the path of the A TV. The Taser was ineffective due to only one probe striking the unknown
operator. ATV operator fled the scene. Sergeant DUFFY was notified of the incident. Trooper LOFRESE
stated he was aware of the Division policy forbidding the use of the Taser against an individual who is in
control of a vehicle in motion. He felt with the fear for his life and the rapid, aggressive actions on the part of
the unknown operator necessitated the use of the Taser. Memorandum of Trooper LOFRESE is enclosed as
enclosure #7.

CONCLUSION:
Trooper LOFRESE was confronted with a split second decision as to whether or not to deploy the
Taser against an individual who was attempting to use physical force against him which could potentially have
resulted in serious physical injury. A review of the photographs of the scene show that the incident occurred in
an open area allowing for Trooper LO FRESE to get out of the way of the ATV. The subject then fled the scene
and was unable to be identified. Trooper LOFRESE's memo indicates that he was able to get out of the way of
the ATV even with the very short delay of deploying the Taser. Trooper LOFRESE's memo indicates that he
was in fear for his life but section l 6C2d-2 does not allow the use of a firearm in these circumstances;
consequently, the Taser should not be considered as an option. The investigation into the facts concludes that
Trooper LOFRESE did violate the following cited Regulation of the New York State Police:
8A8(2)-

It shall be the duty of all Members to sturdy and comply with the Rules, Regulations and
Instructions and to require like compliance of all other Members under their supervision or
control. Specifically, Trooper LOFRESE violated NYSP Taser policy section E(h) where
Members shall not discharge an ECD against an individual who is in control of a vehicle in
motion, or a vehicle that could be immediately put into motion. Trooper LOFRESE drew the
Taser and pointed it at the unknown individual who was in control of a vehicle that could
immediately be put into motion and then deployed that Taser against the same individual who
had put the vehicle into motion.

I recommend appropriate disciplinary action for Trooper LOFRESE.

2

/~,,,./JC L () su if .J:J I

GENi.. 340 REV 10/99

,I p1G1TAL PHo,:o RECORD

I

i

~.

• Complete a separate form for each investigation recorded on digital media
• Print or type all -tries

INSTRUCTIONS:

I

•

STATION AND CASE NUMBER

ID LEAD#

SP Middletown SJS# 5237279

DATE

I

08/14/13

I

INVESTIGATING MEMBER

PHOTOGRAPHER'S NAME

Sgt Jared Duffy

Sgt Jared Duffy

CRIME OR INCIDENT

TIME
Sil.GAN

I

6:56PM

I

WEATHER

Taser Usage

Clear/Warm

ADDRESS OR LOCATION

COUNTY

Cottage Street and Silverlake Scotchtown Rd (Railroad Tracks- T/Wallkill)

Orange

COMPLAINANT • DEFENDANT • DECEASED

I

NYSP
VEHICLE (S) OPERATOR• GENERAL DESCRIPTION OF SCENE

IMAGE TYPE OR FILE FORMAT
OJPEG OT1F

IMAGE#

I

CAMERA

Station

DRAw

I

I

'

1104
05
06
07
08
09

ACTION REQUESTED

1

OF

DESCRIPTION:

RR tracks with ATV tire tracks
Foot prints
Aphids from Taser

"

"

ATV tire tracks

"

"

I

I

DsuRN TO

co1ovo □PRINT

DATE OF BIRTH

X'S

□RETAIN

DATE SUBMITTED TO ID SECT:ElAMANN,ER SUBMITTED: (Check one)

PAGEi/

vAMCI\A

PHOTO ID#

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38

COMPLETED

6:59PM

1

08/15/13
IMAGE#

39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76

vo
PHOTO ID#

□FLOPPY

De-MAIL OoTHER
DESCRIPTION:

nRd

100,_1104.JPG
1/64/F2.7/1S0200

1/64/F2. 7/1S0200

1/84.5/FJ.4/1S080

·100_1107.JPG
1/84.5/F3.4/1S0200

1/64/F2:7/1S0200

1/64/F2.7nS0200

Administrative Message Report
Print\Run Date 08/15/2013

Date\Time Reported\Discovered
08/14/2013 18:25

Agency ORI

TZS

NYSP MIDDLETOWN

F221

Message
PURSUIT, TASER USAGE
Investigated By
SERGEANT JARED DUFFY

Photos YES

Units Responded
UF

Videotape NO

(I\Jijrr-~tive
On 08/14/13, at approximately 6:25 p.m., Trooper JOSEPH LOFRESE, EOD 02/14/05, was operating CITE vehicle F29 on
Silver Lake Scotchtown Road in the city of Middletown when he observed an ATV traveling eastbound being operated
recklessly. Trooper LOFRESE activated the emergency lights on F29 and the single occupant of the ATV fled continuing
eastbound on Silver Lake Scotchtown for .3 mile at which point the ATV made a U-turn in the roadway, doubling back,
traveling westbound on Silver Lake Scotchtown Road, making a right-hand turn onto Mud Mills Road, which he used to
access railroad tracks. Trooper LOFRESE terminated the pursuit, and knowing the area, proceeding down Cottage Street
into Woodside Knolls housing development where he accessed the railroad tracks, in an effort to stop the ATV. Trooper
LO FRESE exited his vehicle and ran to the access area adjacent railroad tracks, ahead of the approaching ATV. The ATV,
traveling westbound toward Trooper LOFRESE, came to a stop in front of him, at which point Trooper LOFRESE ordered the
operator to step off the vehicle. The operator failed to comply with the order to step off the vehicle and Trooper LOFRESE
pointed Taser (serial number X00-557375) at the ATV operator, issuing the order again. The ATV operator accelerated at
Trooper LOFRESE and Trooper LOFRESE stepped out of the path of the ATV while simultaneously discharging the Taser
cartridge, (serial number C4100EWYM).

r, extencie~'.Na'rrative/1 '>

r;;· ·•

·•.· · " ·." ···. •·. ··

. ·. .·. , I

One prong struck the suspect and the Taser discharge had no effect. The operator of the ATV fled the scene and was not
identified. The afids and Taser cartridge were secured at the scene. The pursuit lasted approximately 1 minute, traveling
over a distance of approximately .5 mile with a top speed of approximately 30 miles per hour. Due to the short duration of
the pursuit, no supervisor was advised or monitored it. Troop F Zone 2 Commander Captain BRENDAN CASEY notified.

#Vehicles

1

# Injured
0

County
ORANGE

# Deceased
0

Apparent Cause
PENDING INVESTIGATION
Location\ Street Name \ Mile Post Marker
COTTAGE STREET

C/TNName
MIDDLETOWN, CITY OF - 3601

Weather Conditions
1 -CLEAR

Road Conditions
1-DRY

Description of Damage
NONE
Criminal Action
V&T
Sent Date \ Sent Time
08/14/2013 21:44
Notification

. ;, B.y ·. ·.·. ,..

CAPTAIN BRENDAN CASEY

ZONE, TROOP

Driver lnformatiort 1·
Driver Name
UNKNOWN,
Address

IA~~h~iii~,;r1

Sent By
DUFFY JARED

DOB

Gender
City

License State
State

Page 1 of 2

Chemical Test NO
Driver Charged NO
Zip

-----,--------------------------------------------Violations
Driver Member?
NO

Member Rank

Date of Entry

Member Shield

Member Shift

Name (exactly as printed on registration)
UNKNOWN,
Address

City

State

Zip

Insurance Company and Code

i.VjhIP,1~ :,ijfcjril\itjiJ,n,J>t ··
License Plate #
UNKNOWN

State

Vehicle Year

Make

VIN#

ABTR

Van#

Mileage

School Bus
Comm. Veh.
NYSPVeh.

NO
NO
NO

Equipment
Damage

NO

Front Airbags Deployed
Side Airbags Deployed
Fire Suppression Deployed
Equipment Damage
Description

Page 2 of 2

NO
NO
NO

1. Ae;ency
F2 TROOP F - ZONE 2

6. Incident No.
3. ORI
5. Case No.
NYl350200
5237279
13,14,15. Occurred To (Day, Date, Time)
10,11,12. Occurred n/From (Day, Date, Time)
WEDNESDAY 08/14/2013 18:20
WEDNESDAY 08/14/2013 18:24

2. Div/Precinct

F221

7,8,9. Date Reported (Day, Date, Time)

WEDNESDAY 08/14/2013 18:20

16. Incident Type
VEHICLE-RECKLESS DRIVING
19. Incident Address (Street Name, Bldg. No.,

17. Business Name
pt. No.

SILVERLAKE SCOTCHTOWN ROAD
20. City/State(Lip
MIDDLETOWN NEW YORK I 0940
21. Location Code (TSLED)

23. No. of Victims

WALL KILL TOWN 3666

24. No. ofSusoects

26. Victim also Complainant?

0

0

Location Type

NARRATIVE
Date of Action

IDate Written

08/14/2013

los114/2013

I Officer Name & Rank

I LOFRESE, JOSEPH (TPR)

Narrative

1. While on patrol I observed a white male operating a ATV recklessly on Silverlake Scotchtown road traveling eastbound in the
Town of Wallkill. I activated my lights and sirens and followed the atv for approx 3/10 of a mile when the ATV made a u-turn in
traffic almost causing motor vehicle accident with other vehicles. ATV proceeded westbound on .Silverlake Scotchtown road and
made right tum onto Mudmills road. ATV crossed over the roadway and entered entrance to railroad tracks.
2. Knowing the area I patrolled to the railroad tracks located adjacent of Woodside Knolls development. I exited my patrol vehicle
and entered the railroad tracks when I observed same white male on the ATV traveling westbound on the shoulder of the railroad
tracks. I entered the path the ATV was heading and gave a verbal command by putting out my hand to stop. ATV stopped in front
of me approx 1Oft from me. I approached the ATV giving verbal commands to get off the ATV which the operator failed to
comply. I was approx 3ft from the ATV when I pulled out my taser giving verbal commands to get off the ATV. ATV suddenly
accelerated towards me when I jumped out of of the path of the ATV while simultaneously discharging the taser. I notified
surrounding police departments off incident and description of subject. Sergeant was notified of incident and deployment of taser
at scene. Checked surrounding areas for subject with negative results.

ADMINISTRATIVE
74. Inquiries

77. Reporting Officer Signature (Include Rank)
TPR~~

-r::, /

76. Complainant Signature

175. NYSPIN Message No.
78. ID No.
2435

80. IDNo.

79. Supervisor Signature (Include Rank)

---

81. Status"'
CLOSED BY INVESTIGATION

182. Status Date
08/14/2013

83. Notified/TOT

I

Pagel of I

Solvability Total

0

8/14/2013

23:5 I :25

f /V l L <JSt1.l2 c ti 'f
Genl. 89 (1 1112>

OC SPRAY

NYSP USE OF CHEMICAL AGENT/TASER X26
i
TASER X26
Serial Number

xco- SS'9-3rt"'

SUBJECT INFORMATION

Name (Last, First, Ml)

2.Sex

Lln"'{\ 0 W f\

D

6. Race

~ Combative □ Alcohol-Influenced □ Drug Influenced

□

American Indian and A laskan Native
□ Asian ( Asian Indians, Chinese, Japanese, Koreans, Fillplnos,
Indonesians, Polynesians, and other Non-Whites)

JI! No
11. Injured

>' Hostile

o Mentally Ill

o Suicidal

)4 Failed to follow verbal directions
□

□

□ Yes

-

-

7. Condition prior to use of Force (check all that apply)

)'White □ White Hispanic □ Black □ Black Hispanic

Unknown
8. Arrest

-

F

5. Wt.

4.Ht.

3.Age

!)CM

Other

9. Armed
10. Threatened Use of Weapon
□ Yes w/
Describe:
□ Yes
~No
'6CNo
12. Injury Occurred: □ Prior to use of Force/ o During use of Force / □ After use of Force

□Yes

14 No

Describe:
13. Injuries (specify)

o EMS Notified /Responded

,~

MEMBER INFORMATION

14. Name (Last, First, Ml)

15.Sex

L o~r~E!..:-:Ios.

~M
F

IY}

D

19. Station

20. Shield

SP
23. Injured

18.

a15

TZS
orce

□Yes

o
Describe:
25. Injuries (specify)
INCIDENT INFORMATION

26. Date
.

0£ /I</ /9013

27. Tour

□1

2-

0

-·

29. Location
County

F-

30. Nature of Initial Incident

Brand name

28. Time

o A □ B o C

33. # Bursts of
OC ~ay

36. Taser X26
37. # of
')GDeployed Probe
Discharges
□ Contact
40. Taser Cartridge Serial Number

31. Situation upon arrival

34. Distance from
Subject

---

4
Secured

~e..c.\- )'.:I

Oca Of:!:l

c,c-. Ai\/ o.:+ n,e_mber

35. Was OC effective
□Yes Describe reaction:
□ No

__.

39. Was Taser effective?
s Describe
o, Was a 2nd Cart
.
osition Ta
□ Discarded
Su

43. Additional Information ( Attach additional sheets as necessary)

No
)
Date

SJS#

;

.

.NL-0i1 (9/00)

•'NYSP

VEHICLE PURSUIT REPORT
DIRECTIONS:

Member:
Supervisor:

Complete and submit by end of shift to Supervisor who monitored the pursuit.
Review for completeness and sent through Channels to Zone Headquarters
within 3 days of pursuit. Attach File 3, if applicable.

MEMBER INFORMATION
Member Involved - Name, Rank:

Shield#:

TROOPER JOSEPH M LOFRESE

2435

EOD:

T/Z/S:

2/14/2005

F221

Station/Detail:

Vehicle RIN:

Sp Middletown

F29

Other Division Members Involved (Include Passengers) - Name, Rank & Vehicle RIN:

Supervisor Notified of Pursuit - Name, Rank & Station:
JARED W DUFFY, SERGEANT & SP HAVERSTRAW
Other Agencies Involved in Pursuit: (Include Names/ Car Numbers If Available)

PURSUIT INFORMATION
Date:

Tour: 2-5

08/14/2013

8

A

Time Started:

C

Reason for Initiating Pursuit:
[&) VTL

□

Penal Law □ Other

Specify

✓-

06: 20pm

Time Ended:

Est. Speed of Pursued Vehicle:

Distance Traveled:

40-45mph

1 Mile

06: 24pm

Weather Conditions:

Light Condition:

Road Condition:

[&) clear □ raining □ snow □ fog/mist

[&) daylight □ dawn □ dusk

[&) dry □ wet □ snow/ice

□ other

□

□ other

darkness

Type of Area: (Choose one or more)
[&) Residential

□

□

Commercial

□

Industrial

Urban

□ Rural

D Other (Specify)

County:

Location Pursuit Commenced:

Orange

Silverlake Scotchtown Road, Town of Wallkill

County:

Location Pursuit Ended:

Orange

Mudmills Road, which atv used access to railroad tracks. T/Wallkill
Emergency Lights Used:
[&) Yes

□ No

0 N/A

Was Pursuit Vehicle Video

Emergency Siren Used:
[&) Yes

□ No

□ N/A

Spike Belt Tire Deflator Used:
□ Yes

!ID No

Specify Type

Was Pursuit Videotaped?

Equipped?
□ Yes

□ Yes

!ID No

!ID No

OPERATOR INFORMATION
Vehicle Plate #:

License State:

Vehicle Year:

# Of Occupants:

Vehicle Make/Model:

ATV -(unregistered)
Driver Age: (Estimate if not Identified)
0 <16

□ 16-17

[&) 18-25

□ 26-35

036-45 □ 46-55 0>55

Driver's Name, If Known: (Last, First, Ml)
UNKNOWN
Reason Given By Driver For Failing To Stop:

Impairment: unknown

Sex:

□ Alcohol □ Drugs □ Not impaired

[&) Male □ Female

Date of Birth:

f

□ Legal Intervention

End o{Pursuit:

□

Vehicle Stopped

00 Member Terminated Pursuit

Number Killed
Complete these
boxes if pursuit
resulted in Death,
Damage or Injury.

□ Vehicle Crashed

□ Vehicle Lost

□ Supervisor Ended Pursuit

D Division Vehicle Crashed

Number Injured

Estimated Value of Property Damage

Division Vehicle
Pursued Vehicle

-

Third Party
Description of Charges Filed:

Synopsis of Pursuit:
Trooper JOSEPH LOFRESE was working a schedule 2-5 shift out of Sp Middletown operating unmarked patrol unit F29 on Silverlake Scotchtown
road in the Town of Walllkill. Trooper LOFRESE observed white male operating a ATV recklessly on Silverlake Scotchtown road eastbound. Trooper
LOFRESE activated his lights and sirens and followed ATV for approx 3/10 of a mile when the ATV made au-tum in traffic almost causing motor
vehicle accident with other uninvolved vehicles. ATV proceeded westbound on Silverlake Scotchtown road and made a right turn on to Mudmills
road. ATV crossed over roadway and used access railroad tracks to elude member. Trooper LOFRESE terminated the pursuit at that point.

Date:

Mem~~

-r-:'.

-

/

. ·-

~

#:J~-t e

File3#:

Case#:
5237279

08/14/2013

Pursuit Supervisor Comments:

~ u t Tb

Pursuit Sup

-E.-(

s H-r1ll11

Au/J. ,+ Tlt1tV'

gnature/ Ran

t1.

Zone Commander/ Second Line Supervisor Comments:

Date:

Of-/f·/j

Q),TASER
•

"""''"'"'' ,,t ..
Taser Information
Dept.
Serial
Model
Firmware Version
Device Name

New York State Police
X00-557375
TASERX26
Rev.22
F221-2

Health

Active

Report Generated by
Name
Badge ID
Local Timezone
Generated On

duffy, Jared
2498
Eastern Standard Time (UTC-04:00)
14 Aug 2013 21 :05:15

Device (x26)
Seq#

Local Time
[dd:mm::yyyy Hr:min:Sec]

Event
[Event Type]

Duration
[Seconds]

Temp
[Degrees Celsius]

Batt Remaining
[%)

1

14 Aug 2013 18:24:29

Fire

5

18

84

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop Station

SP MIDDLETOWN

Date

AUGUST 14, 2013

To:

Major PATRICK J REGAN, Troop Commander, Troop F

From:

Trooper JOSEPH M. LOFRESE

Subject:

TASER DEPLOYMENT

~/?2--?

I was advised of my rights to representation pursuant to Article 16.2 of the
contract by Sergeant JARED W DUFFY.
On August 14, 2013 I was a scheduled 2-5 shift out of SP Middletown. I was operating
unmarked patrol unit F29. I observed white male operating an ATV recklessly on Silverlake Scotchtown
Road traveling eastbound in the Town of Wallkill. I activated my lights and sirens and followed the ATV
for approx 3/10 of a mile when ATV made a u-turn in traffic almost causing several motor vehicle
accidents. The ATV proceeded westbound on Silverlake Scotchtown Road, then made a right turn onto
Mud Mills Road, crossed over the roadway, and entered the entrance to the railroad tracks. Knowing the
area, I proceeded down Cottage Street into Woodside Knolls housing development where I accessed the
railroad tracks in an effort to stop the ATV. I observed the same white male on the ATV traveling
westbound on the shoulder of the railroad tracks. I entered the path the ATV was heading on foot and
gave a verbal command by putting out my hand to stop. The ATV stopped in front of me. I approached
the ATV and gave the operator verbal commands to get off the ATV. At which time the operator failed to
comply. Operator of ATV showed planned aggression, evidenced by standing on ATV while jumping up
and down on ATV and clinching his fist. I pulled out my taser while attempting to effect an arrest on the
subject. The ATV suddenly accelerated trying to strike me, causing me to fear for my life. I was able to
jump out of the path of the ATV and simultaneously discharged my taser with negative results. I was
unable to stop and identify the operator who continued in a westbound direction. I notified Sergeant
JARED W DUFFY of taser deployment who responded to the scene.
I am aware of the Division Taser Policy that "Members shall not discharge an ECO
against an individual who is in control of a vehicle in motion." My initial intention was to effect the arrest on
subject while the ATV was stopped. However, I took out my taser while the ATV was at a complete stop.
ATV operator made aggressive actions toward me. These actions included: standing on ATV and
clinching his fist toward me. Subject suddenly accelerated trying to strike me. I then felt fearful for my life.
Therefore, I felt it was necessary to deploy my taser.