TYPE: Personnel
CASE# 20160026
FINDING: Unsubstantiated

-------------------------Complainant:

INTERNAL AFFAIRS BUREAU
PERSONNEL COMPLAINT TRACKING
REGION: South

LEVEL: ,1

TYPE: Personnel

Troo or Detail F
SUBJE
VIDEO? D
ALLEGATION: Co
used excessive force durin his arrest.
SYNOPSIS: Investigation into this matter has railed to substantiate the allegation that
while making an arrest.

D
used excessive force

Troop F Commander, Major Joseph A Tripodo, concluded the matter be closed as Unsubstantiated. Staff Inspector Kopy
concurs with Major Tripodo.

D Founded D Unfounded 125) Unsubstantiated D Closed by Investigation
Recommended Level of Adjudication: D Troop Level D Division Level
Finding of Investigation:

Adjudicated at Troop□

Date:

Date Forwarded to Assistant Deputy Superintendent• Internal Affairs 3/31/16 ·
Comments:

D Founded D Unfounded ~ Unsubstantiated D Closed by Investigation
Recommended Level of Adjudication: D Troop Level D Division Level ~ ~ - - r./ ✓
Finding of Investigation:

/4-~~~---r

D Division Level Recommended

D Troop Level Recommended

Date Forwarded to First De ut Su erintendcnt:
Date:
Direction:

0

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

20160026

Complaint
of Personnel Investigation
I
I

Type: Personnel

/1

Sub Type:

Incident Date/Time:

6:15 PM

Troop: F

Mode Recvd: In Person

Level Inv: 3 T

Report Due: 2/26/2016

Commissioned Officer Assigned: No

ti

CTV:

Report Location/Date: IAB - 4/ll/2016

Classification: USE OF FORCE
Synopsis:

Status:

Finding: Unsubstantiated

responded to 911 report of domestic with assault at
encounters male subject involved in complaint and attempts to interview same. Male
subject becomes combative and resists being taken into custody. Both
and male subject fall to ground, with
subject receiving minor abrasions. Subject alleges excessive force used b

Per IAB SRO troop to Investigate as Level 3.

·------------~---- - -- - - - ----.- -•

- - · -- -·

Subjects:
Name:
Rank/Shield: - Employee ID:
Troop: -

Location

Char of Case: EXCFO - EXCESSIVE FORCE
Complainants:
Sex:

Name:- Street Address:
City:

State: NY

Home Phone:

Work Phone

SP Employee?

Zip:-

Ext

Administrative Personnel:
RECEIVING MEMBER

Name: ZONE SERGEANT-MICHAEL RUSHANS

Emp ID:

Troop: FlOO Location Z/1 LIBERTY
Dat e/Time: 1/22/2016

7:06 PM

·------------- -------MEMBER AT TROOP NOTIFIED

Name: MAJOR JOSEPH TRIPODO

- - - ·. ·-

-- - - -- - -

-

Emp ID:

Troop: L011 Location TROOP COMMANDER
Date/Time: 1/23/2016

12:52 PM

----------------- -

- - -·--- - --

MEMBER WHO NOTIFIED TROOP Name: CAPTAIN BRIAN SHORTALL

EmplD

Troop: LOil Location UNIFORM CAPTAIN
Date/Time: 1/23/2016
MEMBER AT DIV NOTIFIED

12:52 PM

Name: INVESTIGATOR DAVID CHANDLER

-------------EmplD:

Troop: A331 location COLLINS

- - ----

Date/Time: 1/25/2016

·--·

MEMBER WHO NOTIFIED DIV

2:30 PM

- -- ------ --·- - -- - Name: LIEUTENANT JARED DUFFY

--------- - -

.

--------- - - -

EmplD

Troop: F300 Location Z/3 KINGSTON
D~te/Time: 1/lS/2016
INVESTIGATOR

2:30PM

Name: SERGEANT TIMOTHY MANNIX

EmplD:

Troop: Fill Location LIBERTY
Date/Time: 2/11/2016
Tuesday, April 12, 2016

Page 1 of 2

REVIEWER

'

·,

Name: STAFF INSPECTOR MICHAEL KOPY

Troop: H132 Location INSPECTION
Date/Time: 3/31/2016

Tuesday, April 12, 2016

Page 2of 2

NEW YORK STATE POLICE
MEMORANDUM
TROOP F STATION Middletown
DATE
TO:

Deputy Superintendent Daniel R. Penny

FROM:

Major Joseph A. Tripodo,

March 18, 2016

,/

p F Commander

Reference is made to the attached report of Sergeant Timothy J. Mannix and cover
memorandum of Captain Brian J. Shortall regarding the above subject.
I have reviewed the attached report and agree with the conclusion. The investigation
has revealed that the allegations against
are without merit The matter is closed by
investigation as unsubstantiated.
will be advised of the results ofthis investigation by
memorandum.
Forwarded for your review.

Attach.

•
NEWYORKSTATEPOLICE

MEMORANDUM

TROOP F

STATION Middletown

DATE

March 18, 2016

TO:

FROM:
SUBJECT:

-20160026

The investigation into this matter has been completed. This matter is closed with no
further action being taken.

CC:

Division HQ
Zone Commander

I

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop..f_Station

Date

SP Liberty

March 14, 2016

To:

Major Joseph A. Tripodo, Troop Commander, Troop F

From:

Captain Brian J. Shortal~ Zone Commander, Zone One

Subject:

LEVEL 3 COMPLAINT AGAINST PERSONNEL - DCN#: 20160026

fj

Reference is made to attached Level 3 Complaint Against Personnel of Sergeant
TIMOTHY MANNIX dated February 11, 2016 regarding the above captioned subject.
I have reviewed the above referenced report of Sergeant TIM01HY MANNIX and
find it to be properly submitted. I have discussed this matter with Sergeant MANNIX and concur
with his findings. On January 22, 2016
responded to a 911 r e ~
domestic with assault at
. Upon arrival . . . .
encounters
who is involved in the complaint and attempts to interview
Mr.
becomes combative and resists being taken into custody.
was eventually able to subdue Mr. and as he was being walked over to
Mr.
peatedly threw himselfon the ground. After being placed inside Division Vehicle
complained he had sustained an injury. Mr. was transported to Catskill
Regional Medical Center for evaluation. The tending physician's assistant d i a ~ m as having
minor bumps and bruises consistent with an individual resisting arrest. Mr. - - alleges that
used excessive force.
I concur with Sergeant MANNIX that there is no evidence to substantiate the
allegation of excessive force made by M r . - a g a i n ~ Investigation failed to
reveal that
violated any rules or regulations. It is therefore recommended that this
case be closed as "unsubstantiated" with no further action required.

\

, GENL.30 (REV 2100)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING TROOP

MA_NAGING TROOP

F

F

DATE OF OCCURRED

02/ 11/16

-

CTVCODE

TZS

01/22/ 16

DATE OF REPORT

11111

INVESTIGATIVE PERIOD

TYPED BY

01/22/16 - 02/11/16

tjm

SHIELD

5440
CHARACTER OF CASE - (CC CODE)

SP Liberty

COMPLAINTAGAINSTPERSONNEL
(PCT0l0O)

CASE#

STATION

20160026

STATUS OF CASE
(□) CA (□) C/EC (□) C/INV (□) C/IJNF (181) C/UNS (□) CIFND (□) OPN

REFERENCE:

Report of Personnel Investigation# 20160026, dated 02/11/16

ENCLOSURES:

TO DIVISION HEADQUARTERS AND TROOP F
1. Genl. 4, Deposition of
dated 01/22/16
2. Genl. 81, Authorization for Use and Disclosure of Protected Health Information
signed b
dated 01/22/16, with associated medical records
3. Genl. 34D, Digital Photo Record with associated photos, dated 01/22/16
4. Genl. 7, Memorandum
dated 01/22/16
5. Genl. 4, Deposition o
dated 01/22/16
6. AMS#
Injury to Person - while Being Taken into Custody, dated
01/23/16
7. Genl. 4, Deposition of Physician's Assitant JONATHAN ORTEGA, dated 01/23/16
8. Genl. 4, Deposition of EMT
, dated 02/10/16
9. SJS and Arrest Report, dated 01/22/16

DISTRIBUTION:
(181) DHQ (□) TROOP (□) OTHER:

a ' n

APPROVED:
ZONE

•

FOR TROOP/DIVISION HEADQUARTERS USE ONLY

DESTROY IN 20 _ __

INITIALS _ _ _ __

<f9..;.,::...(1}-.

TROOP✓-,L~~~===Z..:~'c:J....L...==Z:::::!'.:~~~~~====-----------_j
DHQ

RCN

REPORT

SYNOPSIS: On January 22, 2016, a defendant name
under arrest subsequent to a domestic dispute, alleged that
had used excessive force during the course of the arrest.
On January 22, 2016, at 6:30 pm
husband/wife domestic dispute at
Upon his arrival he attempted to interview one of the involved parties, later identified
as
outside the residence.- was uncooperative and
belligerent.
a s k e d - if he had any weapons on his person.
He then conducted a frisk for weapons at which p o i n t - made an aggressive
jerking motion.
then attempted to place him. under arrest and
resisted.
was eventually able to s u b d u e - and
walked him over to marked state police unit
A s - was being walked
over, he repeatedly threw himself on the ground. He was eventually placed inside
and complained he had sustained an injury. He was transported to Catskill
Regional Medical Center for evaluation. The tending physician's assistant diagnosed
him as having minor bumps and bruises consistent with one individual wrestling with
another. These injuries are consistent with an individual resisting arrest. There is no
evidence to support the allegation of excessive force.

11111

11111

I recommend this case be closed as unsubstantiated.

DETAILS:
AT SP LIBERTY, NY:
On January 22, 2016, Zone Sergeant MICHAEL RUSHANSK.I was
contacted telephonically by
who stated
he had been investi atin a boyfriend/girlfriend domestic dispute at
betwee
and
stated that during the course of his investigation, he
had arrested
for Obstructing Governmental Administration and Resisting
Arrest. He also stated
was claiming he was injured during the arrest and
that excessfve force had been used
EMS was contacted and
responded to the scene. Captain BRIAN SHORTALL, Zone One Commander, was
advised and assigned Sergeant TIMOTHY J. MANNIX to investigate.
1.

2

2.

On January 22, 2016, Zone Sergeant RUSHANSKI responded to 22
By the time Zone Sergeant RUSHANSKI had
arrived on scene,
had been transported b~ance to Catskill
Regional Medical Center.
rode along with . . . . in the
ambulance.
3.

On January 22, 2016, Zone Sergeant RUSHANSKI interviewed
She stated she had gotten into an argument with her
boyfrien
that turned physical. She sustained a few scratches.
She was on the phone with her mother at the time of the argument and when she
heard what was oin on, her mother called 911. then went outside the
apartment and
arrived shortly thereafter. She was inside and did q.ot
observe
being placed under arrest, however, when she did step outside she
observed ·a handcuffed- refuse to enter
car. She tried to
calm him down but he was out of control. He fell to the.m-_o_tID!Lon his o ~
was struggling with him to get him into his car. has several
previous injuries to his knee, ankle and shoulder stemmin from a tour he did with the
Marines in Afghanistan. She believes that
was doing his job and
was trying to calm
down. She feels
actions were wrong.
Deposition of
is attached as enclosure # 1.

AT HARRIS, NY:

4.
On January 22, 2016,
was treated by Physician's
Assistant JONATHAN ORTEGA at Catskill Regional Medical Center. Genl 81,
Authorization for Use and Disclosure of Health Information, and associated medical
records, are attached as enclosure # 2.
5.
On January 22, 2016, Zone Sergeant RUSHANSKI arrived at Catskill
Regional Medical Center and took photographs of
The Genl 34D
and associated photos are attached as enclosure# 3.
6.
On January 22, 2016, I was contacted telephonically by Zone Sergeant
RUSHANSKI and advised of the situation. I r~sponded to Catskill Regional Medical
Center and interviewed
He stated he responded to
, for a reported violent domestic dispute. Upon his
arrival he observed a male standing outside the a artment, s eaking on a cell phone.
He advised the individual, later identified as
that be was
dispatched by 911 to that location for a disturbance.
stated to him that he
had an argument with his "baby's mama." He asked
his name and he stated,
He asked his last name a n d - responded, "none of your business."

3

He explained to that he was conducting an investigation of an incident that
was involved in and that would require full name and th&t he was refusing
to cooperate. He then a s k e d - if he had any weapons on hi~ person to which
he responded "no" and held his hands out to the side stating
could
check him. As he attempted to do pat d o w n , _ became c ~ l l e d
profanities and took an aggressive step toward him. At this pointlllllllllllllll
attempted to place
under arrest for Obstructing Governmental
Administration.
continued to be uncooperative.
was able
to place him in handcuffs and attempted to place him in marked unit
.repeatedly threw himself to the growid.
eventually gained control
and was able s e c u r e - in
stated he was injured.and requested
medical attention. He was transported to Catskill Regional Medical Center without
incident. He requested his handcuffs be loosened and
complied. A
memorandum from
is attached as enclosure # 4.

1111-

AT SP LIBERTY, NY:
7.
On January 22, 2016,
was discharged from Catskill
Regional Medical Center. He was transported to SP Liberty for processing. While at
SP Liberty, I interviewed
He stated that earlier in the day he was at home
with his girlfriend,
and they had gotten into an argument.
had called her mother on "Facetime" during the argument. He told
to get her own phone and ,go next door if she "wants to talk shit about
then hung up
phone. This caused her mother to call
then went outside the apartment and received a phone call from
sister. While on the phone with her,
arrived. He was
to get off the phone.
then asked his
that he was not going to get off the phone. He told
that his name i s asked for his last name.
He refused to provide his last name. He told
to go inside and finish
his investigation. then put handcuffs on him and asked if he had any
weapons. ~ o t h i n g , you can check."
patted
him down and then put him against a wall and patted him down again. He asked
why he was searching and arresting him. At that point,
was feeling "homophobic" and jumped back a little. He fell to the ground.
fell halfway down with him. He tried to pick himself up but
kept pushing him to the growid.
picked him back up and
took him to his car. He opened the door and tried to put him in the passenger seat and
his foot got stuck in the door.
grabbed the hone that was · . is_p_o cket.an~
threw it toward his girlfriend who had come outside. He told her to start recording. As
all of this was happening,
fell to the ground.
picked him
up and placed him in the state police car: His phone that was in his pocket was
damaged while this happened. He cl~in}~Q to be injured and requested medical
- -

-

-

_ , ..,.. _ " ! ' -"!"

4

attention. ~ u n t of force used during his arrest was excessive. A
d e p o s i t i o ~ is attached as enclosure# 5.

8.

On Januacy 23, 2016, Zone Sergeant MICHAEL RUSHANSKI sent AMS
#
- INJURY TO PERSON - WHILE BEING TAKEN INTO
CUSTODY. It is attached as enclosure# 6.

AT HARRIS, NY:
9.
On Januacy 23, 2016, Zone Sergeant MICHAEL RUSHANSKI obtained a
statement from Physician's Assistant JONATHAN ORTEGA at Catskill Regional
Medical Center. In it he stated that on January 22, 2016, he was working at CRMC
emergency room and was assigned t o ~ an individual under
arrest by the New York State Police. ~ f excessive force used to
restrain him and complained of left shoulder and left ankle_pain. His left shoulder was
examined and was found to have full range of motion with some tenderness along the
clavicle. No bruising or abrasions were noted. The left ankle maintained a full range
of motion with minor discoloration on the inner side of the ankle. No abrasions or
lacerations were noted. There was a minor abrasion below the patient's right knee. Xrays were taken and showed no fractures. sustained very minor injuries
consistent with a fall and/or wrestling with another person. He was released and
advised to follow up with his personal physician. Deposition of Physician's Assistant
JONATHAN ORTEGA attached as enclosure# 7.

AT SP LIBERTY, NY:
10.

On Februacy 10, 2016, I interviewed Emergency Medical Technician
tele honically who stated that she is a volunteer EMT for
. On Januacy 22, 2016, she was dispatched to ■
for a reported assault along with EMT
. Once she arrived on scene, she saw a man (later
identified as
handcuffed in a state police vehicle. was
being difficult and uncooperative. He stated the Trooper had hurt his ankle. She
examined the ankle; it appeared slightly swollen. He stated that he had a split lip, he
didn't. He had bitten his tongue, which had been bleeding. His chief complaint was
his ankle got hurt when he was placed in the police car. He was limping on scene, but
when they got to the hospital, he wa~ barely limping. He was very difficult to deal
with. She did not see the Trooper act in a way towards the man that she would
consider to be an excessive use of force. Deposition of
attached as enclosure# 8.

5

11.
On February 10, 2016, I interviewed EMT
telephonically. He stated that he is a volunteer EMT fo
. On January 22, 2016, he was dis tched to
for a call along with EM
. He was the driver of
the ambulance and had little interaction with the patient (later identified a s He did not do a patient assessment. He remembers the patient was
belligerent. He declined to provide a written statement

CONCLUSION:

This investigation has found no evidence to support the allegation of
excessive force made by
responded to a report of
a violent domestic dispute and found
standing outside the residence
speaking on his cell phone.
attempted to interview- who
became belligerent. He asked
if he had any weapons on bis person, at which
point
stated he did not and told
that he could check.
conducted a frisk of the subject at which point he made a sudden
jerking movement·
then attempted to place him under arrest, and he
remained uncooperative, physically resisting arrest.
was eventually
able to subdueAs he was walking him to
he repeatedly threw
himself to th~ ground which was witnessed by his girlfriend,
- · He was ultimately secured inlll and complained of injury. He was
then transported to Catskill Regional Medical Center where he was treated by PA
JONATHAN ORTEGA. ORTEGA'S examination showed minor bruising consistent
with an individual who had fallen or wrestled with someone. Photographs taken of
after bis arrest showed bruising on his left bicep and on his right shin.
medical records, the statements ofAND PA
ORTEGA, and his own statement, reveal ~ o o p e r a t i v e . The minor
bruising sustained during the lawful arrest was consistent with an individual who had
to be subdued by a police officer due to active resistance. I recommend this case be
closed as unsubstantiated.

-

SUpPORTING DEPOSITIONi (CPL § 100.20)

PAGE

OF

• T-HE PEOPLE OF THE STATE OF NEW YORK

-vs.

DEFENDANT(S}

LOCATION OF DEPOSITION:

LOCATION OF= INCIDENT:

STATE OF NEW YORK

STATE OF NEW YORK

·-- ---,.---COURT

COUNTYOF

~ u LL\~t\.]

- f ffi.y~

OF

·
(Penal Law§ 210.45)
.
In a written instrument, any person who ~nowingly ma_
kes a false statement which such person does not believe to
be ~;~mmttted a crime under the laws of the stat ·,
·
•
eanor.
A~lJ~g~malty of perjury
trns~

ay of

J~vQcf

.2e>}'=,

- OR• Subscribed and Sworn to before me
this

- --~m day of- - -- - - - - -

• This kmn noed be

10 O<iy v.111,r, "4)ecir,aolly ~..VOCI by \he COU.1

Paae 1 - ORIGINAL.

P;ioa 2 - COPY

P~oP.

~

- COPY

P;io.:i 4. - C ()PY

;-

GENL-4 (RE\f. 4187)

New York State Police

• -., SUPP.ORTING DEPOSITION (CPL §100.20)

COUNTY Of _ _ _ _ _ _ _ __ _ _

STATE OF NEW YORK
_ _ _ _ _ _ _ _ _ _ _ _ _ COURT
11HE PEOPLE OF THE STATE OF NEW YORK

_ _ _ _ _ _ _ of _ _ __

_ __

)
)

-vs.

_______________

_______________
(Defendant(s)

)
SUPPORTING DEPOSITION

)
)
))

)

STATE OF NEW YORK
)
COUNTY OF _ _ _ _ _ _ _ _ _ _ _ )
_ _ _ _ _ _ _ of _ _ _ _ __ _

On

I

I

ss.

)

)

I., ,.....'"~ g;.:: I,.I...,_.......

DATE

I

state the following:

"T

F Ee L

I

CffN

NO.&STREET

04TEOF BIRTH

STATE

:r~ M":i ~c:/l?, €&'/es

7]-{£ 7(4~-- f1,:le<l,o te'°r'MC.Y fA.1t2criip
"· ·
'

tle::rro-1.{.S , A2t1:H:

,

fJNJ::> T/t-1$ ? C f ~

, M VS'ccr!

NOTICE
(Penal Law §210.45)
In a written instrument. any person who 'knowingly makes a false statement whic h such person does not believe to b~ true has
committed a crime under the laws of the state of New York punishable a
·
Affirmed under penalty of perjury
this

~z L-

day of

:J,\~

-OR• Subscribed and Sworn to before me
this _ _ _ _ dayof _ _ __

_ .19 _ _ .

Page 1 - ORIGINAL .

Page 2 - COPY

Page3-COPY

Page4-COPY

GENL, 340 /Rev 05/15\

DIGITAL PHOTO RECORD
"STATION

•

-

CASE NUMBER

SP Liberty
INVESTIGATING MEMBER

Sergeant Timothy J. Mannix
CASE lYPE

• Comploto a HP•mlo fonn for each lnV\IStigation
• Print or tvne 811 entries
TIME,
PHOTO DATE

, INSTRUCTIONS:
FIU LEAD NUMBER

INCIDENT DATE

BEGAN

1/22/16

J/22/16

I

07:46pm

PHOTOGRAPHER'S NAME

COM PLETED

8:50pm

Z/Sgt Michael J. Rushanski
COMPLAINAtrr - DEFENDANT - OPERATOR- DECEASED

Injury to person while taken into Custody
COUNTY

Def e n d a n t ADDRESS OR LOCATION

~
ACTION REQUESTED
P i e s - - (Domestic Victim)/ photos of Defendant at CRMC
D Burn To CD/DVD 181 Print
Sulliw"

GENERAL DESCRIPTION OF SCENE I ITEM(S)

CAMERA

SONY
IMAGE#

1

IMAGETYPEORFILE FORMAT

1278
1279

3

1280

4

1281
1282

7

8

9
10
11
12
13
14
15
16
17
18
19
20
21

JP~G

O TIF O Raw

CAMERA
PHOTO ID#·

2

5
6

I

I l'.8J

1283
1284
1285
1286
1287
1288
1289
1290

·

I

CATE SUBMITTED TO FIU
PAGEi

DESCRIPTION:

Right profileleft profileFront F a c e Front Defendant
Right Leg Def
Legs / Wrist Def
Face - DEf
Right Profile DEF
Left Profile DEF
Back - Head / Neck DEF
Tongue- DEF
Chest-DEF
BACK - DEF

IMAGE#

.,

-

40

41
42
43
44
45
46
47
48
49

50
51
52
53
55
56
57
58
59

23
24
25
26
27

61
62
63

28

66

29
30
31
32
33

67
68
69

34

72

35

73
74
75
76

38

DESCRIPTION:

39

60

37

CAMERA
PHOTO ID#

54
-~ -

Retain

□ CD/DVD □ E-MAIL □ Other _ _

OF

22

36

0

MANNER SUBMITTED: (Check one)

64

65

70

71

-

,_

-

--

- --

U&nl. I

NEW YORK STATE POLIC~

MEMORANDUM
Troop£_Station

Date_______J.....a__n__u__
a.....
rv...,2=2_.,__2__0__
1__
6

To:

Major Joseph Tripodo

From:

Subject:

INJURY TO PRISONER- WHILE BEING TAKEN INTO CUSTODY

Member was advised ofmy right to representation to Article 16.2 of the contract by
Sergeant Timothy J. Mannix on January 22, 2016. Member provides the following.written
account.
On Janu~16 I was working a Flex Shift and oper~ting marked patrol unit
assigned t o - . At approximately 6:15 J>M I responded to a 911 poll for a violent
domestic in ro ress re ardin a husband h sicall beating his wife, at the
I arrived at
and a male subject was standing outside
on a cell phone. I approached the
male subject and be asked if lie could help me. I asked him where he lived and he stated in
. I advised him I received a 911 call for a disturbance at that location and he
stated he had an argument with his "bah-mama." I asked the male subject his name at
which point he told me • - I asked
if he had a last name and be told me it was
none of my business. I advised the subject I was conducting an investigation, which he
admitted he was involved in, and it required a last name and date of birth. The male
subject refused to cooperate. I requested identification. from the subject, at which point he
stated it was inside the apartment. I asked the subject if be had any weapons on his person,
and he said no holding his hands out to his side, stating I could check. I attempted an
officer safety pat down of the individual, at which point he became combative, advising me
to go "fuck myself," stepping towards me in a confrontational manner. The male subject,
later identified a
was subsequently taken into custody for Obstruction of
Governmental Administration.
became combative, refusing to be taken into
custody, and resisted being placed into marked patrol unit- I was able to subdue the
defendant by handcuffing him behind his back with an adequate amount of space within
the handcuff to not cause pain or injury. While I was attempting to place Mr. within marked patrol unit- he repeatedly threw himself to the ground, and was
physically resisting being placed into the front seat o f - Once Mr. was placed
into the front seat of-he stated he.was injured, and req~ested medical attention. II
contacted Sullivan County 911 and requested an ambulance to respond to my location.

Mr-

ambulance responded to the scene and transported Mr. via
• ambulance, wbile I was present to Catskill Regional Medical Center in Harris. After
arriving at Catskill Regional Hospital in Harris Mr. requested that I loosen the
handcuffs, at which point the restraints were removed from the individual so be could
receive proper medical care. SERGEANT MICHAEL RUSHANSKI was advised of the
incident.

At no point did I or ~ e r member of the State Police uses excessive force while
effecting the arrest o f - - I used the minimum amount of force necessary to
control Mr. and take him into custody while conducting the investigation of
reported domestic incident.

New York State Police

~ENL-4 (03/05)

• SUPe>ORTING DEPOSITION (CPL§ 100.20)

PAGE.!- OF

'2_

THE PEOPLE OF THE STATE OF NEW YORK

-vs.

DEFENDANT{S)

LOCA T/ON OF INCIDENT:

LOCATION OF DEPOSff/ON:

STATE OF NEW YORK

- - - - - - - -COURT

COUNlY OF _ _ _ _ _ __ __ _ _ __

OF

STATE OF NEW YORK
COUNTY OF _ _ _ __ _ _ _ _ _ _ __

OF

- ---------

I 1··2-Z.-ll
DATE:

On

...uu..!...)J~~~l,.l;..L1..J...~~~~-~~~~~~J

.et

NOTICE
(Penal Law§ 210.45)
In a written instrument, any person who knowingly makes a false statement whic
be true has committed a crime under the laws of the state ot
·

person does not believe to
·
eanor.

Affirmed under penalty of perjury
this

2✓2

day of

l 2acoWGs

cy :2J.?) f-2

-OR• Subscribed and Sworn to before me
T IME ENDED:

this

IL .....

day of

---- - - -- -- ---• This fonn need be sworn to only when spec.;f,cally required by IIJe court
Page 1 - ORIGINAL

Page2-COPY

Page 3-COPY

Page 4-COPY

New York Slate Police

qENL-4 (03/05)

PAGEL OF

._. SUPl?ORTING DEPOSITION (CPL § 100.20)

2.

THE PEOPLE OF THE STATE OF NEW YORK

-vs.

LOCATION OF DEPOSITION:

_L(?CA TION,OF INCIDEtyT:
STATE OF NEW

vo~·t< .-. '.- . . ..

::;:~~-

.,.. ._<:~.: ,

... ,;:.._,,_,=-s....-.."..~~~--:

COUNTY OF

STATE OF NEW YORK

......~COURT

~-"'"

_.__.__ _...__.QF

OF

TIME STARTED:

~ATE:

I i ··"22t-- l(q

. \\ ·. 13p

On ,

I,

NOTICE
(Penal Law§ 210.45)
In a written instrument, any person who knowingly makes a false statement which such person does not believe to
be true has committed a crime under the laws of the state o ~ :. • I . t ·
·
meanor.
Affirmed under penalty of perjury
this

22..

day of

Ja,,urn I\/(

.2.J2lkl

. ...

. . -.

-OR• Subscribed and Sworn to before me
this

- - - -day of -

------ - ---

• This form need be sW<>m to only when specifically required by the court

Page 1 - ORIGINAL

Page2-COPY

Page 3 -- COPY

Page4-COPY

INJURY TO PERSON· WHILE BEING TAKEN INTO CUSTODY

Investigated By

Z,SGT MICHAEL J. ~US HANSKl, SGT TIMOTHY J. MANNIX

UnilS Responded

UF

s
u

M

1-,:SJ,...S::-#.,,.----,-----,P""h_l,...os----.---,Vi-,,,
o
1deot.,.....-ap_e_d--,-#-Veh_ic_le-s---~.-,-njured-----...,...#-~_ea_se
_d_ _ _--1

: ■•L-~..L_J~~"'~_l__.!:DL_j!_O_:__ _ __l!1_
R Apparent Cause (Pending Investigation)

y

_ _ _J!_o_ _ _ _J

PENDING INVESTIGATION

'"c"""oun - t y - - - - - - - -- - - . - - -- - - - - - - - - - - - - - -- - - - -----1

SULLIVAN
Location\Street Name\Mae Post Marker
Road Cond'rtions

2-CLOUDY

1-DRY

Descriplion of Damage

DNA
Criminal·Action

OBSTRUCT GOVT ADMIN.2ND, RESISTING ARREST
Narralive

ON 1/22/16 AT 6:16PM
DOMESTIC ASSAULT IN PROGRESS AT
ENCOUNTERS A MALE, LATER IDENTIFIED
OUTSIDE THE
ATTEMPTS TO INTERVIEW HIM AS A POSSIBLE SUSPECT IN THE
.
BECOMES PHYSICALLY COMBATIVE• ........_WRESTLES WITH
AND IS
HANDCUFF AND SECURE HIM IN H I S ~ WAS TREATEQ AND
ED AT CATSKILL REGIONAL MEDICAL CENTER FOR MINOR ABRASIONS AND COMPLAINTS OF
PAIN IN HIS SHOULDER AND WRISTS. ZONE ONE COMMANDER CAPTAIN BRIAN J. SHORTALL NOTIFIED
BY Z/SGT RUSHANSKI.

Authorized By

Sent By•

Sent·Date

Sent Time

CAPTAIN BRIAN J. SHORTALL

RUSHANSKI MICHAEL

01/23/2016

11:56

Notir.cati011

ZONE

)~UJEC:EASl!!D P.ERS~ORMATION

0 ~ '
4

ti,

~,

.

~"'

, ~i,

1"

'i

•

lnjured\OeCeased

p INJURED
E
R

s

Deserlption Of Injury

0

ABRAISON TO LEG, PAIN IN SHOULDER/ WRISTS

N
CATSKILL REGIONAL MEDICAL CENTER

001

Position in Vehicle

Relative Notified

□

SP Member\Emp!oyee

□

Rank

Race

Seat Belt

3 - HISPA

NO
Shield

Ejected

NO
AAS#

QENL-4 (04/08)

New York State Police

SUPPORTING DEPOSITION (CPL§ 100.20)

Page 1 of

THE PEOPLE OF THE STATE OF NEW YORK

vs

DEFENDANT(S)

LOCATION OF INCIDENT:

LOCATION OF DEPOSITION:

STATE OF NEWYOR!<, _ L"'"'O"""'C'-A
-__L--'C~R~IM
~l~NAL
.........._

COURT

STATE OF NEW YORK
COUNTY OF _ _ _ _ _...;;Sa.;:U:.:L:.:.Ll:. :.V.:. . :A::.N. :._ _ _ __

COUNTY OF - - - - -- - - -- - ---1
OF

On

I DATE:1/23/16

I

TOWN
TIME STARTED:

0 AM

OF

THOMPSON

FULL NM1E:

a
3:45
- - - - 181
-PM
~ I,.__ _ _
JONATHAN
_ _ _ ORTEGA,
__ _ _
PHYSICIANS
_ _ _ _ASSISTANT
_ __ _ _ ___.
t ~

STATE THE FOLLOWING:
On 1/22/16 I was working at CRMC emergency room as a physicians assistant and was assigned to t r e a t -

111111111111 was arrested by the state police and.complained of excessive force used to restrain him in handcuffs and was
'coni"j51aining of left shoulder and left ankle pain. His left shoulder was examined and was found to have full range of
motion, with some tenderness along the clavicle. There were no bruising or abrasions noted on the shoulder. The left
ankle also maintained full range of motion with a minor discoloration noted on the inner side of the ankle. There were no
abrasions or lacerations noted. There was a minor abrasion noted below the patient's right knee.
X-Rays were also
taken and no fractures were noted. In summary
sustained very minor injuries that would be consistant with
a fall and or wrestling with another person.
was released and advised to follow up with his personal
physician.

NOTICE
(Penal Law Sec. 210.45)
In a written instrument, any person who knowingly makes a false statement which such perso
crime under the laws of the state of New York punishable as
Affirmed under penalty of perjury
this
23
day of
JANUARY
-or•subscribed and Sworn to before me
this _ __ _ day of

-----

• Thi$ fonn

noed b& ....m IO only""°" spedfkally re,iulre<I by lhe """"·

, 20

, 20

16

2016-02-10 15:40

SP LIBERTY

845 252 3336 P 2/2

8452926735 >>

SUPPORTING DEPOSITION (CPL §100.20)

PAGE 1 OF 1
New YORK STATE POLICE

THE PEOPLE OF THE STATE OF NEW YORK

-va.
Defendant(s)

fNCIPENTLQCADQll.
STATE OF NEW YORI<
COUNTY OF

OJlo

I OV1D/2016

LOCAL CRIMINAi.

COURT

STATE OF NEW YORK

___________

_ ;SUU..IVAN
__

TOWN

On

LQ.CATJQN 9E QEPQSJTJON;

of

I

11t

COUNTY OF

TOWN

-

I

ITimeSUutolf
i..;;.;;;.
02:49
...............
PM _ __.

-----------SULLIVAN

°' -

~

I,~----------------------

Stalo The Following:

I am a voluntset EMT who rides fot
On 1122116, I was dispatched to
~ for what was sa, o e an assau l. Once I arnved on scene, I observed a man handcuffed in·e troop
~ n g at ms. I yelled back at him. I was told by a troopet on seem, that the men in the car was lhe patient.
The man was being difficult and uncooperative. He stated the trooper had hurt his anl<le. I Inspected the ankle it appeared to
be slightly swollen, He stated he had a split tip. He didn't. He hsd bitten his tongue, which had been bleeding. His chief
complaint was his enkle was hurt when he was placed in the Troop car. He was limping on scene but when we got to the
hospital he wes berely lim,:,ing. He was very difficult to deal with. I did not S96 the trooper act in a way towards th9 man that
I would consieler to b9 an &xcessive use of force.

~
(Penal Law §210.4S)

In a written instrument. any person who knowingly makes a false statement whleh such person does not believe to be true has
committed a crime undor lhe laws of the state of New York punishable as a crass A Misdemeanor.
Affirmed under penaltv of perjury
TH

this

---- day
10

of l=EBRUARY

20f8

•OR-

• Subscribed and swom to before me
this

----

day of

-----

• TIii• IOlffl nooa oo 1wum lo CNr""""' ope<Mcally l'OCIIM>G ay 1ne COUii

IWITNESSJ

1--:; M".,,.,. K

(NAME QF l'l:~SOIII T~NO DEPOSITION)

Timo linctea

02/1012018

02-.49 PM