Involved Member(s):

Trooper James E Huestis

Case Type : Pe rson nel Complaint
Case Number: DCN2019-0203
Finding: Founded

Complainant:

Insp. II Rev 6110

Personnel Complaint Work Sheet

ISub Type:

Type: Personnel
Initiated By:

DC

I Case Number

Iincident Date: 5/26/ 19
I Detail ~ Troop

ICTV: K1424

=Citizen 181S =NYSP
D Fax
l □ EMail

Incident Time: 6:30 pm
Level of lnvestiaation

3

Mode Received
1181 In Person I D Letter I D Phone
I D Survey
Synopsis of Complaint: During an investigation of an injury to person while in custody, a review of video
footage revealed Trooper James E. Huestis, SP Wappinger, my have used excessive force while removing
an emotionally disturbed person from a residence.

Subiectfsl of Complaint
Employee ID#

Last Name

First Name

Ml

EOD

Huestis

James

E

4/21 /08

Maiden Name

Complainant Information (if Member see below)
Name

Address

City & State

Home Phone

Work Phone

Cell Phone

Zip Code

Member Information fjf comolainantl
Employee ID#

Rank/Name

TZS

Captain Paul M. DeQuarto

K200

Administrative Notification Information - Dates are rea uired - T imes are desirable
Receiving Member
Employee ID#

Rank/Name

Date

Sergeant Lawrence A. Puccio

5/28/1 9

Time

Troop Notification
Employee ID#

Employee ID #

Rank/Name of Member at Troop Notified

Date

Time

Major Richard L. Mazzone Jr.

6/1 4/1 9

11 :15am

Rank/Name of Member Notifying Troop

Date

Time

Captain Paul M. DeQuarto

6/1 4/1 9

11 :15am
Time

Divis ion Notification
Employee ID#

Rank/Name of Member at Division (or Duty Officer) Notified

Date

Staff lnsp. Robert C. Gregory

6/1 4/1 9

1:00pm

Employee ID #

Rank/Name of Member Reporting Complaint to Division

Date

Time

Major Richard L. Mazzone Jr.

6/1 4/1 9

1:00pm

Rank/Name of Investigating Member

Date

Time

Lieutenant Peter B. Healey

6/1 8/1 9

Employee ID #

Som e fields have a built-in Help feature that will work when opened with Word. With t he cursor on the f ield,
you m ay click F1 to invoke Help o r c heck t he status bar on t he lower left fo r tips o n dat a entry.

PROFESSIONAL STANDARDS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 2019-0203

CTV: Kl424
REGION: SRO
LEVEL: 3
TYPE: Personnel Complaint
Subiect(s): 'frooper James Huestis
lnvestii?ated by: Lieutenant Peter B. Healv
Troop or Detail: K
Staff Inspector: Robert C. Gre~on'
Date Occurred: 05/26/19
SUBJECT HISTORY REVIEWED? IX!
AUDIO? 0
VIDEO? 0
ON PROBATION? 0
ALLEGATION: Excessive Force
SYNOPSIS: 06/ 14/19 review by Zone Supervisors of video footage from an injury to prisoner while in custody administrative

investigation revealed the defendant's injury occurred as the result of excessive force used by Tpr Huestis.
Investigation revealed Tpr Huestis responded with other Members to assist V/Wappingers PD with an MHL armed with a knife.
The subject was located hiding in the residence; he was taken into custody and handcuffed behind his back. He was
resistant/belligerent while being escorted from the house. After descending the porch stairs, an attempt was made by the 3 Police
Officers holding/escorting him to have him sit on the stairs. Tpr Huestis was not one of the three Police Officers escorting/holding
the prisoner. As Ihey attempted to guide/pull the prisoner back/down to sit, Tpr Huestis approached the prisoner from the front. As
he was fac ing the prisoner, he leaned in, bending down 10 help seat the prisoner. The prisoner's head moved forward and he spit in
Tpr Huestis' face. Tpr Huestis reflexively/instinctively punched the prisoner in lhe face, injuring the prisoner's nose and injuring his
own hand. Although the one strike was immedia1e/instinctive/reflexive in response lo the physical/aggressive actions of the. prisoner
while Tpr Huestis was in a vulnerable position, he struck a handcuffed prisoner who was being restrained by 3 other Police
Officers.
Major Richard L. Mazzone, Troop K Commander, recommended this Personnel Complaint be closed as Founded, with Tpr Huestis
violating:
Reg 8A2, specifically Article 3184 for using more force than necessary;
Reg 8D I (2) for engaging in improper conduct toward a prisoner;
Reg 8A8(2) for bringing discredit to the Division.
Staff Inspector Robert C. Gregory discussed this at length with Major Mazzone, and concurs with the findings.

Finding of Investigation:

C8J Founded D

Unfounded

Recommended Level or Adjudication: ~ Troop Level
Adjudicated at Troop□

Date:

D Unsubstantiated D Closed by Investigation
D Division Level
Disposition:

Date Forwarded to Assistant Deputy Superintendent - Professional Standards Bureau: 01/30/20 - RCG.
·Assistaot-:i)e ·)1 " :sti 'erinteuderif,;:pfofessiooatiStantfardslB«re'a~~?::';~tt ,tb'ate:';'.f'::~~·:·. :;21i2120 ·. ; .. .'. .
Comments:

Finding of Investigation:

C8J Founded D Unfounded D Unsubstantiated D Closed by Investigation

Recommended Level of Adjudication:
D

:tDe

181 Division Level Recommended

D Troop Level

intendent - P

· ".

-

~ Division Level

ureau

D Troop Level Recommended

Date Forw;irded to First De >ut Su crintcndent:

MSR

---

)

0 Ti-~op Level-Return to C hieflnspector

~ on Levtl -- Forward to Division Counsel

Datt Forwarded to Counsel or the C hld Inspector:

0

'froop Level

Ra nk/ Na me o( Member Notified_ _ __ __

Datt Notified: _ _ _ _ _ _ Notifiecl by Whom: _ _ _ _ _ _ __
l'J

'(~

Lo<-.

Siv-y
~f>p

-----

'
·

4

w

State

ATE

Police

RK

ANDREW r.,. CUOMO

KEVIN P. BRUEN
First Deputy Superintendent

Governor

March 2. 2020

Trooper James E. Huestis
New York State Police
Troop K
Poughkeepsie, New York
Re:

DCN: 2019-0203
LETTER OF CENSURE

NOTfCE OF SUSPENSION
Dear Trooper Huestis:
On May 26, 2019, you and other State Police members assisted the Village of
Wappingers falls Police Department with a complaint involving a male armed with a knife who
refused to leave his parents' residence. The individual, who was intoxicated and combative, was
taken into custody under Mental Hygiene Law §9.41 and restrained with handcuffs. Another
Trooper and Wappingers Falls Police Officer escorted this jndividual from the residence, followed
behind by a Dutchess County Deputy Sheriff. You approached this individual, who was
uncooperative while exiting the residence, from the front in an attempt to assist the other officers
with his removal from the residence. As you leaned forward toward the arrestee, he spat in your
face causjng you to reflexively hit him, which resulted in an injury to his nose.

Although the amount of force you used against this individual was a direct result
of him unexpectedly spitting in your face, your response to his behavior was unacceptable.
Accordingly, you are hereby formally censured. You are also suspended withoul
pay for t\vo (2) days, March 23. 2020, and March 24, 2020.
Sincerely,

·1(0'2Kevin P. Bruen
First Deputy Superintendent

Building 22, 1220 Washington Avenue. Albany. NY 12226 l www.troopers.ny,gov

NEW YORK STATE POLIC_E

I

OFFICE OF THE FIRST DEPUTY SUPERINTENDENT
. 'MEMORANDUM

• I

I

Date: February'20, 2020 .
To:

From:
· Subject:.

Trooper James E. Huestis, Troop K
New York State Police, Poughkeepsie, New York
.
..
. (fO
First Deputy Superintendent Kevin P. Bruen q

I •

PERSONNEL INVESTIGATION .

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities on May ~6; 2019.
·
·
On that date; you and.other State Police members assisted the Village of
· Wappingers Falls Police Department with a complaint-involving a male armed with a knife
who refused IQ leave his parents' residence. The Individual, who was intoxicated-and
combative, was taken into custody under Mental Hygiene
§9.41 and restrained with
handcuffs. Another Trooper and Wappingers Falls Police Officer esccirted this individual
.from the residence, followed behind by a Dutchess County Deputy Sheriff. You
approached this individual, who was uncooperative while exiting the residence, from the
front in an attempt to assist the other officers with his removal from the residence. As you ·
leaned forward toward the arrestee, he spat in your face causing you to reflexively hit him;
_... -- __ .- ·
which resulted in an injury to his nose.
·
·
----

Law

Although the amount ·of force you used against this individual was a direct
result of him unexpectedly spitting in your face,. your response to his behavior was ·
·unacceptable:
'
·
·
I find reasonable cause to believe that your conduct violated Regulations qf
the State Police, including Regulation 8A2.
fW?>

f), ~ -

.

It is my judgment that you be suspended without pay for f ~ '4'). days and
formally censure_d:

of

Rule 3.5 the New York State Police Administrative Manual·sets forth the
procedures you are to follow.

FIRST ENDORSEMENT
Major Michael J. Drake, Troop K
New York State Police,. Poughkeepsie, New York

TO:

Trooper James E. Huestis, Troop K
~ ~l,;New York State Police, Poughkeepsie, New York

FROM:

.

f~B@lp111.y\ :i. :;,, :}o~o

DATE:
SUBJECT:

PERSONNEL INVESTIGATION

i

.. I
I
I

Pursuant to Rule. 3:5 _of the New York State Police, member:

·ef
□

Accepts the penalty Imposed by the First
Deputy Superintendent.
I deciine to accept the penalty imposed by the
First Deputy Superintendent. I request, pursuant
to Rule 3.5(b), that formal cb~rges be prepared
and served upon me, that a hearing board be ·
appointed and · ~ hearing conducted. I
. und~rstand 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:

I

.I

I

First Deputy Superil')tendent Kevin.P. Bruen
Major Michael J. Drake, Troop K
New York State Police,.Poughkeepsie, New York

DATE:
SUBJ.ECT:

PE~SONNEL INVESTIGATION .
Forwarded for appropriate action.
I

I'

I

I
I

NEW YORK STATE POLICE

OFFICE OF THE FIRST DEPUTY SUPERINTENDENT

MEMORANDUM
Date: February 20, 2020
To:

Trooper James E. Huestis, Troop K
New York State Police, Poughkeepsie, New York

From:

First Deputy Superintendent Kevin P. Bruen

Subject:

PERSONNEL INVESTIGATION

-1Ll'tJ

Pursuant to Rule 3 of the New York State Police, I have reviewed the report
of an investigation into your activities on May 26, 20 19.
On that date, you and other State Police members assisted the Village of
Wappingers Falls Police Department with a complaint involving a male armed with a knife
who refused to leave his parents' residence. The individual, who was intoxicated and
combative , was taken into c ustody under Mental Hygiene Law §9.41 and restrained with
handcuffs. Another Trooper and Wappingers Falls Police Off¾cer escorted this individual
from the residence, followed behind by a Dutchess County Deputy Sheriff. You
approached this individual, who was uncooperative while exiting the residence , from the
front in an attempt to assist the other officers with his removaf from the residence. As you
leaned forward toward the arrestee, he spat in your face causing you to reflexively hit him,
which resulted in an injury to his nose.
Although the amount of force you used against this individual was a direct
result of him unexpectedly spitting in your face, your response to his behavior was
unacceptable.
I find reasonable cause to believe that your conduct violated Regulations of
the State Police, including Regulation 8A2.
It is my judgment that you be suspended without pay for four (4) days and
formally censured .
Rule 3.5 of the New York State Police Adm inistrative Manual sets forth the
procedures you are to follow.

FIRST ENDORSEMENT

.

TO:

Major Michael J. Drake, Troop K
New York State Police, Poughkeepsie, New York

FROM:

Trooper James E. Huestis, Troop K
New York State Police, Poughkeepsie, New York

DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Pursuant to Rule 3.5 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 3.5(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:

First Deputy Superintendent Kevin P. Bruen

FROM:

Major Michael J. Drake, Troop K
New York State Police, Poughkeepsie, New York

· DATE:

SUBJECT:

PERSONNEL INVESTIGATION

Forwarded for appropriate a9tion.

'

Genl. 7

..
l
NEV'w l'ORK STATE POLICE
1,

MEMORANDUM
Troop.Ji._Statlon

Headquarters

Date_ _ ____,;N==o..;;..ve=m=b;..;;;e..;;..r. .;:;8_._,=2=0...;;.1=9

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

Major Richard L. Mazzone, Troop Commander, Troop K f?. ~ 1lr\

Subject:

COMPLAINT AGAINST PERSONNEL #20190203
TROOPER JAMES E. HUESTIS, EOD 4/21/08, SP WAPPINGER

Reference is made to attached NYS-P Cover Page Report of Lieutenant PETER B.
HEALY and cover memorandum of Captain PAUL M. DEQUARTO, both dated November 4, 2019
and concerning titled subject.
I have reviewed the report and discussed the contents of same with Captain
DEQUARTO, Zone 2 Commander, and I concur with the report findings;
On May 26, 2019, while assisting the Village of Wappinger Falls Police Department
with the arrest of a 40-year-old intoxicated male, who was.resisting arrest, Trooper JAMES J.
HUESTIS injured his right hand after striking the defen~nt, Mr.
with a
closed fist causing a broken nose. Sergeant LAWRENCE A. PUCCIO was assigned to conduct the
On-duty Injury and Injury to Person in Custody investigations. After review of Village of
Wappinger Falls Police Officer's bodycam footage, the Injury to Person in Custody investigation
was changed to an excessive force complaint.

Investigation revealed that on May 26; 2019, Trooper HUESTIS responded to a
residence in the Village of Wappinger Falls to assist police with a man armed with a knife or gun.
The suspect was taken into custody under the mental health law and handcuffed behind his back.
While being secured by three officers and refusing to be seated, Mr. lunged his head
forward and spit in Trooper HUESTIS ' face. Trooper HUESTIS r~acted by striking M r in the face with a closed fist, breaking his nose.
By his actions, Trooper HUESTIS violated the following NYSP Rules and
Regulations:
Regulation 8A2, Article 31B4, by striking Mr. handcuffed behind the back.

in the face while he was

Regulation 8A8 (2) and 8D1-2, by bringing discredit to Division and engaging in
improper conduct towards prisoners

Recommend appropriate administrative action.

NEW YORK STATE POLICE

MEMORANDUM
Troop

1~

Station I 2 \~ iJPL)tn~

Date _ _ _ _J\'-'.·-'-','....:."-=-'-'•:..:.n,..,b:.::e,_r-'.:i"-.-=--c..:
0....:.1....:.9

To:

Major Richard L. Ma:uone. Tr<)l)p Cnmnurnder. Trm\p

From:

Coprn i,o i';,,ol M. l>c<

Suhjt't·I :

COMPLA I NT r\C ,•\l:\ST Pf:l{SO~'.'IF.L l)l\ ISIO'.\ FILE 1120190.2lU
THOOPER .IAM ES F;, HllF:STlS, EOD 4/ 21 /08, SP WAPPINt;ER

.>"""'

/.u;>c II C " """'""'".

1-.:

®

R..:fon:nc<.: is madt.: lo th.: 1ittad1L·J nd111inist1~1ti, l.' rcp011 of Lieuteno.111 Peter B. I 11.'ak>. dat~J 11 04 !I).
cnrH.:1:rning the captioned subject.

I han: n:\ ie,,eJ t-hc ,11i.1cll~d ,1dmmistn1tiv..: n:p,,n \,1·1 kul\'ll,i!ll I kak\ 1111d cu1Kw ,, itl; hie; ti11tlin~~Tl11~ i11 \t'Shg,1li\1n lus tlt·(i.:nnm~·J 1h;1 11111 \ la~ l o. ::11 J 1). ·1rnnl'..-r J 1n1.:-; .i I [,11: ,1b l'L'•,p,,n,kd t,, ;1 r.:,1,knc,· i111h.: \'iJl.1g,'
uf \\';lpping..'r~ r.111$. l\Y. tn ,1':-i\t th.: , 1lta.:!,~- 1wlic'-' with ,1 n.;p,,n " ' ,1 rn.111 nnn..:d \ I i1h a l,ni k and po~sibl) a ~un .
l Jlt1111ately. Mr.
wa~ t,tk,·n inLo cu:,tmly u11d,·r Sl·cl11J11 () -l I ,ir.the 1\11cn!ul I{ygi..:nL' Law a11J ilandcuffc-d
bd1intl his back. Whik b,:ing held s,:cur.: b) rim:,: oll1cers anJ rl·l·w, ing tt1 b'-' :,cal..:d ,1ur-;ide till' n.'siJenc.:, {I.fr__
lungct.l Im head fon, i\fl.l anJ spit in rn1opcr I lucst is· i'l1ce. Trtl!ipcr I r11.:,11~ renckd b) , triki11g :vtr. 111 rhe face
,,ith :1 closed foe causing a brciken nosc and a l:i::crnlion to th,· briJg.c oi'his nose. Ai the time of the strike. Mr wa;, st1bducd mid Jid not po:-;c an i1mnc-diate 1/ucat to the s:tlcLy oi' I n•oper Hue::-.ti~ or tlw l1fl11:r of'fic:-e:s. Trooper
l-lw:stis' usc of force wo, lx:yomJ what ,,as rra~nnabl:, lll.Kl'~~nr~· ll1 ,,rrcst and ..:011trol Mr. lite personocl
complaint against rroop..:'r I luestis is FOU:'JDED . 1\!I fa..:t:, obtain.:d dming. this 1mc:,liga1ion c:u11clude that Tr0op1:r
i lul.'sti& did violate the fo llowing Rt.:'.~t1btions of the Ni.:,1 York S1;11..:' l'lilic,·:
Rq:~ulatio11 8A:!: I[ shall b.: iii, du!) t ► I .,ll \l-:1llb•.:1 ~ ;,. ·a u.I;- ;ind 1.:1>111pl> ,., nit l11,; l{uk\. Rc:g.ulathm~ .md

lnstrw.: ti,m~. sp,:c1 licafl_:-.
Artitk J I U-t: l h e cw 111ure fon.:.: than i, k::wl l) anJ n.:asonably n,•.;essary to effecr tlw ,rrrcst.
R~gulation 8A8('.!): A Memb.:r shall not

;I\.'(

111 n 111.11111,:r lending tu br1ng. tli-,crcdit up1H1 the Di, isinn:

Regulation 80l(2): Under no circu111,;tnnces shall a lvkmber ~tlbjec1 ::my p~·rson ti\ brttlality nr dur~•:,s. vr
engag.: in any 11npn111cr c1l11duct towan.ls prison~rs. p-:r~ons ll1Hkr inve,;;tigation. or any othtr p,.;rM111:
/ i 1 11·// On \by .26. _;(.)19. ,,hi k a~, 1,1111:_-! <he V, 11,tgc ,,f\\.;l~l' lll~t:'.r, l·.ills 11,i l tL'l', r-..lr.
w,h taken inh'
t:u~toJy umkr S..:1:tJOn 9.-l I of 1h~- Mental I lyµi.:1 11.: I.a,, and h,111d c11I k d hL·h111d hi:, b;1d:. Whil-:- b,·fn!! held '>t:l'ur,· by thr.:1:

oflirl'1·\ anJ ri:1·11~ill/,-'. m b-: ~.:acc>d 01Hsidc till' r,:::.1d..:nl'-:. i\lr lt111,,_n l 111-; head ft1t·1,a11J and ~r ic H1 I l'\lt>p,·r I lu..:stis·
fan:. Tr~1up,:r I fu ,..~ti.:s l't:>actcd b) stril-ing. Mr. in rhe fo.:,: \I ith u ct,i~t.:J tisl causing a broki:n nuse and a laceration
to till.' bridge ur hi:,; nost'. 1\t !ht time of the strike, Mr. wn~ s11bdu1.:d .111d dfJ 11\11 pose an im1t1t'tliate threat to tbi:
~atcty oi'Trooper I lucsti~ nr the other ofllcers. Trooper I lue,Jis' use of force was beyond whot was ri:asonabl: nl."ccssMy
1\) arn:st and control Mr. Additionally. Trnoper I lu,·.stis ac!,,oowli.:tlgcd that his strikl' !<> Mr. was not
j11~t i!1ed and 1111ly l1..:'currl.'d Hhtincci, c 1,1being spit i11 the fat·.: . Tr1.wp,r I luc,1i~ · action~ rt>llt>ckd 11ega1in :i> on th,: Stat<!
P"lici· thereby hringing. Ji;-;i:r~Jit Ul)\)11 the Divisivn.

~ENL 30 (RE'V 2/00)

NEW YORK STATE POLICE
COVER PAGE
REPOR-:",rK, r;c,.JF

TITLE Of Cft,SE

M,IINAGING l ROOP

K

Trooper James J. Hi.Jestis
EOD 4/21 /08, SP Wapp1nger

DA1 E OF REPORT

11/04/1 9

K

DATf OCCURRED

CT VCODE

TZS

5/26/1 9

K1424

K211

IN 1/E Sn GA TIVE PER 100

TYPED BY

pbh

6/14/19 - 10/ 17/19:
S-HIEI D

REPORT OF

1323

L1hnenant Peter 8 Heal
CAS E#

STATION

CHARACTER OF CASE - (CC CODE)

20 190203

Z/2 Wappinger

COMPLAINT AGAINST PERSONNEL

(PCT0100)

STATUS 0-" CASE
i ) CA \ / CIEC () C/INV ( ) C/UNF \ ) C!U1'.S (X) C!FND ( ) OPI'.

REFERENCE .

Administrative Message AMSP1699L96V0. SP Wappinger. dated 5/26/19 and Report of Personnel
Investigation #20i 90203. dated 6/1 4119

ENCLOSURES:

1 DVD containrng body-camera footage from 5/26/19 - V/Wappingers Falls PO Nicholas Carmine
2 . DVD #1 containing body-camera footage From 5/26/19 - V/Wappinger Falls Det Geoff Weaver
3. Genl-4 Supporting Deposition of
dated 6/19/19
4. Gent-4 Supporting Deposition of
dated 6119/19
5 Genl-7 Memorandum of Trooper Andrew J . Hettinger, dated 6/21/19
6. Genl-7 Memorandum of Trooper Samantha J Fennell dated 6/21/19
7 Genl-7 Memorandum of Trooper Catherine R DeSarle, daled 6(21/19
8. Genl-4 Supporting Deposition of Linsky Lu,-,dy. dated 6/29/19
9 Genl-7 Memorandum of T rooper Alexa ndta /l,. Bon ina. dated 7t3n9
'10 Genl-4 Supporting Deposition of George R Lebron. dated 7/04/19
11. Genl-4 Supporting Depos1t1on of Chnstopher Grotzer. dated 7104/19
·12 Genl-4 Supporting Deposition of Grace Aguilar. dated 7.112119
13. Genl- 4 Supportmg Deposition of
, dated 8/12i19
14 Genl-4 Supporting Deposition of
. dated 8/12/19
15. SJS Incident Report ~
16. Genl-34D Digital Photo Record and related photos
17 Village of Wappingers Falls Police Incident Report #2019-1710
18 DVD #2 containing body-camera footage - V!Wappingers Falls Detective Geoff Weaver
19 Administrative Message #AMS
SP Wappinger. dated 5/25/19
20 Genl -7 Memorandum of Sergeant Lawren<:t 1-\. i=>i1cc: o dateo 9l25i1 S
2 1 Genl-7 Memorandum of Trooper James E + .,bt,::, dated 6/3i1 9
22 Genl,7 Memora ndum of Trooper James E rll, b ,15.. dated 5l29i19
Audio CD/ Transcribed target statement of T1ooper James E. Huestis

B

APPROVED

ZONE

mooP
OHO

FOR TROOP/DIVISION HEADQUARTERS USE ONLY

Captain Paul M OeOuartQ

ffi{tJ~

f?.Ad, {t

DESTROY IN 20 - - -

.

f'/Jir

-=

INl

rlii.l S

RC N

_ __ ·- - - -

IMTJALS

REPORT
SYNOPSIS:
On May 26, 2019, while assisting the Village of Wappingers Falls Police Department with the
arrest of a 40-year-old intoxicated male refusing to leave a residence, Trooper JAMES J. HUESTIS, SP
Wappinger, injured his right hand after striking the defendant,
with a closed fist in
the face causing Mr. to sustain a broken nose. The matter was initially investigated as an injury
to person - while in custody and an on-duty injury. Subsequent review of video footage obtained from a
body camera worn by the Village of Wappingers Falls Police, revealed Trooper HUESTIS may have used
excessive force.
This investigation has determined that on May 26, 2019, Mr. was taken into custody
under Section 9.41 of the Mental Hygiene Law and handcuffed behind his back. While being held secure
by three officers and refusing to be seated, Mr. lunged his head forward and spit in Trooper
HUESTIS' face. Trooper HUESTIS reacted by striking IV1r. in the face with a closed fist causing
a broken nose and a laceration to the bridge of his nose. Trooper HUESTIS' use of force was beyond what
was reasonably necessary to arrest and control M r . - · The personnel complaint against Trooper
HUESTlS is founded for using excessive force. Recommend appropriate administrative action.

DETAILS:
1.
On May 26, 2019, Captain PAUL M. DEQUARTO, Zone II Commander, was advised by Sergeant
LA WRENCE A. PUCCIO, SP East Fishkill, of an injury to p ~ d an on-duty injury
to Trooper JAMES J. HUESTIS that had taken place at 111111111111111 in the Village of
Wappingers Falls, NY. State Police units were assisting the Village of Wappingers Falls Police witl1 a report
of an armed male with a knife and possibly a gun. Captain DEQUARTO directed Sergeant PUCCIO to
conduct the administrative investigation. As part of Sergeant PUCCIO's investigation, he interviewed
Doctor RA VINDER SIDHU,
, of Mid-Hudson Regional Hospital, 241 North
Road, Poughkeepsie, NY 1260 1, who stated that Mr.
sustained a broken nose. On June 14, 2019.
upon review of the administrative report which included body camera footage of the incident and after
consultation with Major RICHARD L. MAZZONE, Troop K Commander, Staff Inspector ROBERT C.
GREGORY, PSB-SRO, was notified resulting in personnel complaint DNC #20190203 being initiated for
excessive force. I, Lieutenant PETER B. HEALEY, Assistant Zone II Commander, was assigned to conduct
this investigation.
At SP Wappinger, New York

2.
On June 14, 2019, Captain DEQUARTO and I viewed the body camera footage recorded by former
Officer NICHOLAS CARMINE and Detective GEOFF WEA VER of the Village of Wappingers Falls
Police Department. These recordings captured, in part, the events which took place on May 26, 2019 at ■
Wappingers Falls, NY concerning- Detective WEAVER'S
video recording captured the initial response to the scene and entrance into the house. However, it does not
capture the incident involving Trooper HUESTIS and M r - as his bod -camera fell offand stopped
recording. Officer CARMINE'S video recording captured the arrest of Mr.
and his interaction
with Trooper HUESTIS. Specifically, Officer CARMINE'S video shows Mr.
handcuffed
behind his back and being escorted out of the residence with Detective WEA VER holding Mr. left arm, Trooper ANDREW HETTENER holding Mr.
right arm and Deputy IAN CONNOR
walking behind_. The video then shows them escortin
down the porch stairs as they approach
Trooper HUESTIS who then grabbed one of Mr.
legs. At this time, the officers attempted to

11111

1

seat Mr.
b giving him commands and pushing him backwards while Deputy CONNER is
holding Mr.
from behind. Simultaneously, the video is temporarily obstructed and Mr. then yells, "Ow, Dad my nose is broke". Shortly thereafter, the video shows Mr. bleeding from
his nose and Trooper HUESTIS looking at his right hand. A copy of Officer CARMINE'S video is attached
as ENCLOSURE #1 and a copy of Detective WEAVER'S video is attached as ENCLOSURE #2.
At Wappingers Falls, New York

3.
On June 19, 2019, l interviewed Mr.
Wappingers Falls, NY
who stated he had heard from
presence that day but that he had not observed anything.
4.
On June 19, 2019, I interviewed Mrs.
Wappingers Falls, NY,
who stated she was unaware of anything that had occurred and did
not observe anything on that day.
5.
On June 19, 2019, I
Wappingers Falls, NY,
happening across the street at

he was home that day but does not recall anything

6.
On June 19, 2019, I interviewed Mr.
Wappingers Falls, NY
who stated he was in North Carolina on the day in question and did
not witness anything. Mr.
stated that he has the Ring doorbell video system but t h a t is not in view of the camera.
.
7.

On June 19, 2019, I attempted to locate and interview Mr.
- Wappingers Falls, NY,
, however, was unsuccessful. I called his
cell and left several messages for him to call me which he has not done. r also visited his residence of
record
also where his parents reside, who both stated they have not seen or heard
from
since the day of this incident.
8.
On June 19,2019, l canvassed the area of
Wappingers Falls, NY for any
additionally video surveillance that may have captured this incident with none located.

9.
On June 19, 20 19, I interviewed Mr.
Wappingers Falls, NY,
who stated in sum
that he is the father o
and on May 26, 2019, at his residence, his son,
had become extremely intoxicated
and was harassing he and his wife, He stated that
would not calm down and that
~ a t he may have a w ~ - stated when the police arrived, he and his wife,
. . . . . waited across the street in the yard of the
. Mr. went on to say
that when the police came out of the house with
he was handcuffed behind his back and there
was an officer on either side holding
s ~ was being led down the stairs, he
seemed to stumble and he saw a Trooper a p p r o a c h ~ front. Mr. stated that it
was at this time that he saw the Trooper straighten up and punch in the face. Mr. continued and stated that after a bit he was talking to the same Trooper who told him that he had stepped
forward because he thought t h a t - was stumbling and he wanted to prevent a fall. MR.went on t ~ the Trooper continued by saying that it was at that point that
spit in his
face. Mr. - - then stated that the punch followed. M r - stated that
was seated
on the steps and that
injury prompted him to repeatedly call out in distress and an ambulance
was called. Mr.
concluded in saying that he did not see his son act aggressively toward the officers
and that he did not see. him spit. Mr. stated that he had not seen or spoken to since that

2

day and did not know where he was currently living. He added that he and his wife got an Order of
Protection against their s o n - issued on May 30, 2019. Mr. reduced his account to
writing in the form of a supporting deposition, a copy of which is attached and marked as ENCLOSURE
#3.
10.
On June 19, 2019, I interviewed Mrs.
Wappingers Falls, NY,
who stated in sum and substance that she is the mother of
- - Mrs.
stated that on the May 26, her son was self-medicating with alcohol
and she and her husband,
were trying to avoid him. Mrs. stated that
was
belli erent and uarrelsome and her husband ultimately called the police. Mrs.
stated that
having weapons and they warned the police. She stated that they thought in unlikely
had a gun but warned the police to be cautious. Mrs. stated that w ~
Troopers arrived, she was directed to go across the street and stand in the side yard of thelllllllllllllll
for her own safety. Mrs. stated that more Troopers arrived and stood around the perimeter of her
home while other Troopers went inside to look for her son. After some time, was brought out
of the front door of the house and onto the porch. His hands appeared to be handcuffed securely behind his
back. Mrs. went on to say that two Troopers were holding
arms and as they began
to descend the stairs one of the Troopers who ~ at the bottom of the stairs drew back his arm
and punched in the face. She saw . . . . . recoil backward against the stairs as the two
Troopers holding his anns attempted to maintain their balance. Mrs. stated that yelled for help and that she heard someone say that spit at dte officer who punched him. Mrs.
went on to say that she did not see her son spit but she did observe the Trooper punch him in the
face. Mrs. described the officer who punched her son as the older of the two Troopers with shaved
heads at the scene. Mrs. went on to say that she believed she had spoken to this Trooper when he
first arrived, before the "altercation". She stated that she explained to ~ p r o b l e m s . Mrs.
went on to sa that she had hoped the Trooper would u n d e r s ~ was physically
ill and suffering. Mrs.
finished by saying that at no point did she see her son act aggressively
towards the officers. Mrs.
stated that she had not seen or spoken to since that day and
did not know where he was currently living. Mrs. reduced her account to writing in the form of
a supporting deposition, a copy of which is attached and marked as ENCLOSURE #4.
At Zone Headquarters, SP Wappinger. New York

11.
On June 21, 2019, I interviewed Trooper ANDREW J. HETTINGER, SP Wappinger, who stated
in sum and substance that on May 26, 2019, at approximately 6:30 PM, Dutchess County 911 polled for
any available unit that could assist the Village of Wappinger PD with a male EDP known as He, ~long with other SP units, responded to
V/Wappingers Falls. He
went on to say that once on scene, Village of Wappinger Police Officers informed the SP units that a male
EDP is located inside of the house with a possible knife. An outside perimeter was set in place while two
Village of Wappinger units, DCSO unit and Trooper HETTINGER devised a plan to clear the house.
Trooper HETTINGER stated that while clearing the house, a Village of Wappinger unit advised that he had
found Mr. inside a bedroom closet on the main floor of the residence. After moving to the
bedroom, he observed Mr.
laying in the closet with a knife in his right hand and a laceration on
the palm of his left hand.
ignored multiple verbal commands from all officers to drop the
knife. Eventually Mr
relinquished the knife and was taken into custody. Trooper HETTINGER
stated that whi le in custody and restrained by handcuffs behind his back,'M r . - repeatedly vocalized
vulgar language to all officer's present. While esc o r t i n ~ outside from the residence to await
EMS, Mr. became very uncooperative. Mr. ~ o be escorted physically by Trooper
HETTINGER, holding his right arm, and an unknown Village of Wappinger Officer or a Dutchess County
Sheriff's Deputy holding his left ann. While escorting Mr.from the residence onto the porch and
down a set of stairs he observed Trooper JAMES E. HUESTIS who attempted to assist officers by grabbing
3

the legs of Mr. to guide him down the stairs. During that time, Mr. continued to become
emotionally agitated by cursing and yelling along with being passively resistant. M r - started to
spit at Trooper HUESTIS by lunging his head in the direction ofTrooper HUEST~er HETTINGER
stated he, along with the unknown officer, immediately physically brought Mr. - - to the ground to
inhibit any further spitting. As they were getting him to the ground Trooper HETTINGER heard a pop.
Immediately following the sound of the pop Mr. stated, "You broke my nose". Trooper
HETTINGER stated that he turned back towards Trooper HUESTIS and observed Trooper HUESTIS
shaking his right hand and wi in• saliva off his face. Trooper HETTINGER stated that he did not see
Trooper HUESTIS strike Mr.
because he was facing the opposite direction trying to get Mr.
- - to sit on the porch steps. Mr.
continued to state vulgar language and began to bleed
~bridge of his nose. Trooper HETTINGER stated that Mr. began to spit his blood at
surrounding officers until several spit socks were applied. EMS arrived on scene and attempted to evaluate
Mr. with negative results due to becoming physically uncooperative and continually
spitting blood. Mr. was sedated by EMS and transported to Mid-Hudson Regional Hospital for a
psychiatric evaluation. Trooper HETTINGER reduced his account to writing in the form of a memorandum,
a copy of which is attached and marked as ENCLOSURE #5.
12.
On June 21, 2019, 1 interviewed Trooper SAMANTHA J. FENNELL, SP Wappinger, who stated
in sum and substance that on May 26, 2019, at approximately 6:30pm, she, along with Troopers
CATHERINE DESARLE, ANDREW HETTrNGER, ALEXANDRA BONILLA and JAMES HUESTIS
responded to a Dutchess 911 poll to assist the Village of Wappinger PD with a male EDP at in the Village of Wappinger. Upon their arrival, the male subject was identified as
and was barricaded in the residence with a knife. Trooper FENNELL went on to
say that a perimeter was established and Mr. was located inside the residence in a bedroom closet.
Trooper FENNELL stated that she was on the rear exterior porch when she heard someone giving
commands and she entered the residence. Mr. was then taken into custody by Trooper
HETTINGER and Vi Ilage of Wappinger Officer CARMINE and was escorted out of the bedroom. Trooper
FENNELL went on to say that during this time Mr. was highly uncooperative, belligerent, irate
and spitting. Mr. was then escorted outside to await the arrival of EMS for transport to the
hospital for a mental health evaluation. Trooper FENNELL stated that she went out to the front porch briefly
and returned back into the residence with Trooper DESARLE to look for any additional weapons in the
room where Mr. was located. While in the residence Trooper FENNELL heard over Dutchess
911 that additional EMS was dispatched for an injured Trooper. Trooper FENNELL went on to say that
she assumed the injury was due to Mr. spitting. Trooper FENNELL went outside to the front
porch and observed Mr. at the bottom of the stairs with Trooper HETTINGER and Village of
Wappinger Officers. Trooper FENNELL stated that she heard from officers on scene that Trooper
HUESTIS had struck Mr. in the face due to him spitting at Trooper HUESTIS. Trooper
FENNELL did not recall what officer stated that Trooper HUESTIS struck Mr. Trooper
FENNELL went on to say that she did not observe Mr. spit at Trooper HUESTIS and did not
observe Trooper HUESTIS strike M r . - · Trooper FENNELL reduced her account to writing in the
fonn of a memorandum, a copy of which is attached and marked as ENCLOSURE #6.
13.
On June 21, 2019, I interviewed Trooper CATHERINE R. DESARLE, SP Wappinger, who stated
in sum and substance that on May 26, 2019, at approximately 6:30pm, she was dispatched by Dutchess
County 911 to to assist the Village of Wappingers Falls PD with a barricaded
male EDP with a knife. Trooper DESARLE stated that she responded to the location with Troopers
ALEXANDRA BONILLA, ANDREW HETTINGER. SAMANTHA FENNELL, and JAMES HUESTIS.
Upon arrival, a perimeter was established and the subject, positively identified as was located inside a bedroom closet, and was subsequently taken into custody by Trooper HETTINGER
and Village Police Officer CARMINE. Trooper DESARLE was outside the bedroom when Trooper
HETTINGER and other uniformed patrols from the Village of Wappinger and Dutchess County Sheriff's
4

Office, escorted- from the bedroom to the porch. Trooper Desarle continued and stated that while
she was on the porch she was focused on parents, who were standing across the street. Trooper
DESARLE returned inside the residence to the bedroom where was located in order to look for
any further weapons. When she returned out to the porch she observed Trooper HUESTIS shaking one of
his hands and standing on the comer. Trooper DESARLE learned of the altercation that occurred through
other officers at the scene, she did not remember which one. Trooper DESARLE stated that she did not
observe spit on Trooper HUESTIS and she did not observe Trooper HUESTIS s t r i k e - ·
Trooper DESARLE stated that Sergeant PUCCIO was notified and responded to the scene. Trooper
DESARLE reduced her account to writing in the form of a memorandum, a copy of which is attached and
marked as ENCLOSURE #7.
At Wappingers Falls, New York

14.
Wa

d substance that she runs a daycare in the rear
which also houses an apartment. I asked Ms.
if she knew the identities of the two u n i d e n t i f i ~
Officer CARMINE'S body
camera footage standing in the rear driveway of number. . . . . . . . . . . . Ms. did not know
who those people were but did state that they had been living in the apartment and had since moved out.

Ms. -

stated they were friends of her brother, -

their information . Ms. -

-

and that she would contact him for

did not provide a written deposition.

At Poughkeepsie, New York

15.
On June 27, 2019, I interviewed Dutchess County Deputy Sheriff IAN CONNER, shield #156, I 08
Parker Avenue Poughkeepsie, NY~ (845)486-3800, regarding the arrest o f - - on May
26, 2019 at
Avenue in the Village of Wappinger Falls. Deputy CONNER stated that had
previously spoken to one of our sergeants regarding the incident. I asked him if he was interviewed on May
26, the day the incident occurred, and he stated "no" that he received a phone call a week or two after the
incident and discussed everything with a sergeant. Deputy CONNER explained that he was there during
the apprehension of Mr. and he assisted in escorting him to the front of the residence. He stated
that M r . - was handcuffed behind his back and that an unknown Trooper was holding his right arm
and that a Village of Wappinger Falls Officer, believed to be Officer CARMINE, was holding his left arm.
Deputy CONNER stated that he was following behind. As the three officers escorted Mr. down
the porch stairs Mr. was being belligerent and flailing, though cuffed, "he was jostling around",
stating "fuck you, fuck this". Deputy CONNER stated that another unknown Trooper was waiting at the
bottom of the stairs. During this another Village of Wappingers Falls Officer dropped his body camera and
Deputy CONNER picked it up and handed it back to him. He did not know the name of the Officer (Officer
WEAVER). It was during this time that he heard Mr. spitting. He stated that as the officers got
Mr. down the stairs and were helping him to sit on the steps, he heard Mr. say
something like "he punched me in the nose" or the "face". Deputy CONNER could not directly recall the
exact words. Deputy CONNER stated that he did not see who hit Mr. - · He went on to say that
they waited on EMS personnel to arrive. He stated that EMS arrived quickly and he believed they may have
been staged close by, thus their quick arrival to his location. l asked Deputy CONNER if Mr. was kicking as he was being escorted, he responded "no". I asked him if Mr. made threatening
comments towards the officers, he stated that he did not remember any specific threats. I asked him if Mr.
was being combative and he stated that he was 'Jerking around and yelling fuck this". He stated
that at one point, Mr. made foul comments towards the female officers at the scene. However,
Deputy CONNER was not specific. I asked Deputy CONNER if he knew who struck Mr. and he
5

stated that he did not see who, but that he assumed it was the unknown Trooper standing in front of them
as they got down the stairs. l asked Deputy CONNER if Mr. was spitting and he stated that he
was spitting as the officers lead him d.own the stairs. ( asked him if he saw Mr. spit on anyone
directly, he stated that he did not. I asked him if he saw Mr.
spit on the Trooper by the stairs,
again he stated he did not. He stated that he was behind Mr.
holding his shoulders as they were
all trying to get him seated. He stated he was looking down at the steps and could not see where Mr.
was spitting. Deputy CONNER declined to provide a written deposition.
At Zone Headquarters, SP Wappinger, New York

16.
On June 28, 2019, I spoke with Mrs. mother, in an attempt to contact
who provided me a cell phone number that she believed was his new contact number..Over
the course of this investigation I made several attempts to contact - which.were unsuccessful.
17.

On June 29, 2019, I telephonically interviewed NICHOLAS CARMINE,
, who stated that he is currently attending the San
Diego California Police Academy. He was a former Village of Wappinger Falls Officer and was present at
the time of this incident on May 26, 2019. He stated that he had been interviewed regarding the arrest on
that day by Sergeant PUCCIO while at the hospital and again the next day during phone call. Former
Officer CARMINE stated that he recovered the knife that Mr. had during the incident. He stated
that Detective WEA VER secured Mr. left arm and Trooper HETTINGER had his right arm.
Deputy CONNER followed behind. Former Officer CARMINE could not recall if Deputy CONNER had
his hands on Mr. or was just walking behind. Former Officer CARMINE stated that he followed
them out of the residence after handing the knife off to one of the female troopers (he did not know her
name). He stated that once in custody, Mr. remained passively resistant while being escorted
from the residence. He stated that once they moved Mr. down the stairs of the. porch, he was
standing on the front left side of Mr. next to Detective WEAVER and that they were trying to sit
Mr. on the steps. 'A t this time, Trooper HUESTIS was standing in front of Mr. · He
s t a t ~ became more aggressive, screaming "I'm gonna kill you". At this point he made a
jumping motion, lunging forward and then saw Mr. spit at Trooper HUESTIS. He stated that Mr.
did not kick and that he doesn't remember ifhe was attempting to head butt anyone; only that he
leaped forward (he clarified and stated that he attempted to lunge forward but was being held). He stated
that he then saw Trooper HUESTIS strike Mr. in the face. At that time, they were able to get Mr.
seated and he shouted, "he broke my nose, he broke my nose," and was yelling for his mother.
They applied a spit sock as he began to now spit blood at the officers. He stated that he believes EMS was
staged and that they arrived quickly. He stated that 2 ambulances arrived and that no other officers struck
Mr. during this incident. Former Officer CARMINE declined to provide a written deposition.

a

18.
On June 29, 20 19, I interviewed Emergency Medical Technician, Mr. UNSKY LUNDY,
- • of Mobil Life Services 16 Pershing Avenue Poughkeepsie, NY, 12601, (845) 562-4357
regarding the incident that occurred of May 26, 2019, at
Ave in the Village of Wappingers
Falls. Mr. LUNDY stated that on that day he was partnered with Paramedic, Ms. GRACE AGUILAR, and
they responded to that address to a report of a trauma. He stated that when they arrived, they observed the
patient, M r . -• sitting on the sidewalk, bleeding, handcuffed and being restrained. They transported
him to the hospital. While en route to the hospital Mr. LUNDY could hear the patient continue to scream
and fight. Once at the hospital the patient was turned over to hospital staff. Mr. LUNDY stated that while
at the hospital he learned that the patient had received a facial injury from an altercation with the police and
that the injury occurred prior to their arrival on the scene. Mr. LUNDY stated that he never saw anyone hit

6

the patient. Mr. LUNDY reduced his account to writing in the fonn of a supporting deposition, a copy of
which is attached and marked as ENCLOSURE #8.
19.
On July 3, 2019, I interviewed Trooper ALEXANDRA A. BONILLA, SP Wappinger, who stated
that on May 26, 2019, at approximately 6:35 pm, she, along with Troopers JAMES HUESTIS,
CATHERINE DESARLE, SAMANTHA FENNEL and ANDREW HETTINGER, responded to in the Village of Wappinger to assist the Village of Wappinger Police with an emotionally
disturbed person with a knife. When they arrived on scene, she secured the outside perimeter while
Troopers HETTINGER, DESARLE, HUESTIS and FENNEL went inside to locate
· Trooper BONILLA stated that when she heard someone yell "drop the knife" she went inside of
the house to assist. Once inside she was told that he was in a bedroom and that there may be an exit from
the room to the basement so she went towards the back exit in the kitchen to secure that side. Once in
custody she observed M r . - being brought out of the residence by Trooper HETTINGER, with the
assistance of a Village of Wappinger Police Officer and a Dutchess County Sheriffs Deputy. She stated
that Mr. was handcuffed behind his back with the Village of Wappinger Officer holding his left
arm and Trooper HETTINGER holding his right ann. The Dutchess County Sheriff's Deputy was towards
the back of the group of officers bringing Mr. outside. Trooper BONILLA stated that Trooper
HUESTIS was walking on the right-hand side in front of the group. Trooper BONILLA stated that she did
not know the names of these officers. Trooper BONILLA stated that while Mr. was being
escorted out of the house, he was resisting walking out by refusing to walk, flailing and squirming his upper
body, spitting in the directions of the officers, and yelling "fuck you cocksuckers" at the Troopers and
Officers. Trooper BONILLA was still in the residence, behind Troopers DESARLE and FENNEL while
they were walking M r . - outside. While the group of officers were walking M r . - outside,
she observed Mr. kicking his legs in an attempt to become deadweight and become more difficult
to move outside. Trooper BONILLA went on to say that she saw Trooper HUESTIS grab Mr. right leg to try and control him to make him easier to move. She saw the officers get onto the
porch and lost view of them until she got closer. Her view was partially obstructed by the officers in front
of her as she was still in the residence. She stated she moved towards the exit to where the officers and Mr.
were and Mr. was sitting on the st~ps, spitting in the general directions of the officers
when she was told by Trooper HETTINGER to get a spit sock. Trooper BONILLA than exited the back of
the back of the house to 2K 15 to retrieve a spit sock. Once Trooper BONILLA had gotten the spit sock she
walked over to the group of Officers with Mr. and saw Mr. bleeding from his nose.
She handed Trooper HETTINGER the spit sock and he placed it on Mr. head as he continued
to shout various curses such as "fuck you cocksuckers" and "one of you mother fuckers broke my nose" .
Trooper BON[LLA then retrieved a second spit sock and it was placed on Mr. Trooper
BONILLA stated that Trooper HUESTIS asked her if he had any marks on his face because Mr. spat on him. Trooper BONILLA stated that Sergeant PUCCIO arrived around the same time as the EMTs
and he was briefed on the situation. Trooper BONILLA and the other officers assisted the EMTs in getting
Mr. onto a stretcher. At this point Mr. continued to kick his legs to resist. She and
TROOPERS DESARLE each held down a leg so the EMT could secure them. Trooper BONILLA stated
that the female EMT sedated Mr. and gave him pain medication. Mr. was transferred
on to the ambulance and Trooper HUESTIS went with Sergeant PUCCIO to receive. rpedical attention.
Trooper BONILLA stated that another Village of Wappinger Officer was on scene but she did not know
when he arrived. After Mr. was transported to the hospital, she remained on the scene and had a
conversation with the other officers and asked what happened to Mr. because she did not see
Trooper HUESTIS or any other officer hit Mr. She stated that someone said, "I think HUESTIS
hit him", however, she did not know who said it. Trooper BONILLA stated she did not witness Trooper
7

HUESTIS or any other officer hit Mr. Trooper BONILLA reduced her account to writing in the
form of a memorandum, a copy of which is attached as ENCLOSURE #9.
At Poughkeepsie, New York

20.
On July 4, 2019, I interviewed Paramedic GEORGE R. LEBRON, - • of Mobil Life
Services I 6 Pershing Avenue Poughkeepsie, NY, 1260 l, (845) 562-4357 regarding the incident that
occurred of May 26, 2019, at
Ave in the Village of Wappingers Falls. Mr. LEBRON
stated that he was partnered with Emergency Medical Technician, CHRISTOPHER GROTZER, that day
and they responded to that address to a call for an officer needing medical attention. Once on scene, he was
_told by an unknown Trooper (Trooper HUESTIS), that he was spit in the eye ~y the patient and that his
hand was sore from removing the patient from the residence. Mr. LEBRON stated that he went to assist the
other medic, GRACE AGUILAR with the patient. Mr. LEBRON stated that the patient was given a sedative
and then transported to Mid-Hudson Regional Hospital Emergency Room. Mr. LEBRON stated that he did
not witness anyone hit the patient and he did not witness him spit on anyone. Mr. LEBRON reduced his
account to writing in the fonn of a supporting deposition, a copy of which is attached and marked as

ENCLOSURE #10.
21.
On July 4, 2019, I interviewed, Emergency Medical Technician, CHRISTOPHER GROTZER,
- • of Mobil Life Services 16 Pershing Avenue Poughkeepsie, NY, 1260 1, (845) 562-4357
regarding the incident that occurred of May 26, 20 19, at
Ave in the Village of Wappingers
Falls. He stated that he partnered with Paramedic, GEORGE R. LEBRON, that day. Mr. GROTZER stated
that he treated one unknown Trooper who told him that the patient had spit on him and it went in his eye.
Mr. GROTZER stated that he did not witness anyone strike the patient and he never saw the patient spit on
anyone. Mr. GROTZER stated that he did not recall the unknown Trooper complaining of any other injuries.
Mr. GROTZER reduced his account to writing in the form of a supporting deposition, a copy of which is
attached and marked as ENCLOSURE #11.
At Wappingers Falls, New York

22.
On July 9, 2019, l interviewed Detective GEOFF WEAVER,-• of the Village of
Wappingers Falls Police Department, 2628 South Avenue Wappingers Falls, NY, 12594, (845) 297-1011.
Detective WEAVER stated that he was present at
Avenue on May 26, 2019, for the arrest
of Mr. and that he spoke with a State Police sergeant that evening regarding the arrest.. Detective
WEAVER stated that they arrived at to a report of a man with a knife and possible
a gun. He went on to say that when units arrived, they set up a perimeter around the house. After
interviewing the father, Mr. - - they began a room to room search of the interior of the
residence. He stated that Officer CARMINE, Trooper HETTINGER and Deputy CONNER located
in the back bedroom in a closet. Detective WEAVER stated that is
known to police and has a history of spitting, biting and kicking at police. He stated that once was taken into custody, he warned him not to spit on the officers. Detective WEA VER stated that he could
smell alcohol o n - He went on to say that as they were escorting-through the house
he was "froggy, kicking and flailing his legs and body" and stating, "I wi!I kill all you mother fuckers". He
also stated that he remembered somebody, he could not recall who, stated "watch yourselves because he
has blood on his hand." Detective WEAVER did not recall seeing an injury on his hand. Detective
WEAVER stated he was holding
left arm and that Trooper HETTINGER was holding his
right arm. As they got down the porch steps, Detective WEA VER could see Officer CARMINE and Deputy
CONNER behind them at the top of the stairs. Trooper HUESTIS was in front of them and helped to get
legs down the stairs. Detective WEA VER stated that was spitting at this time.
8

He stated that he did not see him spit directly at Trooper HUESTIS or anyone else. He stated that at some
point he was the one who called for another ambulance because he had heard that Trooper HUESTIS was
spit on and he thought he should be checked out. Detective WEA VER stated that once down the steps he
was still holding
left ann, he turned towards the steps, facing away from who
was facing the street. He was looking back to see where the steps were as they were trying to g e t to sit down. Detective WEA VER stated that during this time Trooper HUESTIS was somewhere in front
of them. At this time, he could feel leaning and pulling away with forward resistance as they
tried to seat him. It was during this moment t h a t - became limp and came right down onto the
step. Detective WEA VER continued and stated that he did not know w h y - sat down like that.
Once was seated, he could then see that he had a bloody nose and was saying "you fuck, you
fucking punched me". Detective WEA VER stated that he told
that he did not. Detective
WEA VER stated that he did not see or hear anyone hit
and that he did not see Trooper
HUESTIS hit him. Detective WEA VER stated that he assumed that someone had shoved face or used a forearm to get him down causing the injury. Detective WEA VER stated that it was probably
done in defense w h i l e - was attempting to pull away from the officers and kick, head butt or
lunge towards officers. He went on to say that he could only feel resistance and that he did
not see him head butt or kick anyone, but he knows has a history of that type of resistance.
Detective WEAVER assumed that was the reason someone may have caused
injury. He
stated that ~ n g all over at this point and they applied a spit mask to him. The EMT's
arrived quickly and resisted getting onto the stretcher as he was flailing, kicking his legs,
spitting his blood and moving his shoulders around. was sedated by the EMT. Detective
WEA VER accompanied and Paramedic AGUILAR in the ambulance ride to the hospital.
During the r i d e - was still spiting but eventually calmed down. Detective WEA VER declined to
provide a written deposition.
At Zone Headquarters, SP Wappinger, New York

23.
On July 12, 2019, I interviewed Paramedic GRACE AGUILA~, of Mobil Life Services
16 Pershing Avenue Poughkeepsie, NY, 12601,
regarding the incident that occurred of
May 26, 20 19, at
•
in the Village of Wappingers Falls. Ms. AGUILAR stated that she
and her partner Mr. LUNDY were dispatched to a psychiatric emergency at Upon
arrival, they approached the porch and observed the patient sitting on the porch steps, his face was bloody
and he was wearing a spit mask. Ms. AGUILAR stated that the patient was being belligerent and yelling
"fuck you, fuck you people" all while continually spitting through the mask. At one point he spat right into
her mouth and a second spit mask was then applied. Miss AGUILAR stated that during this time she heard
someone say something about hitting him. Ms. AGUILAR could not recall the specifics of that statement,
but remembers the patient saying something like "they fucking hit me". Prior to trying to get the patient
onto the stretcher for transport, Ms. AGUILAR asked if someone else was injured. It was at that time that
an unknown Trooper raised his hand and stated that he was and stated something to the effect of"my hand
is sore, I hurt my hand, he spat on me and we had to put a mask on him". Ms. AGUILAR could not
remember the specifics of that Trooper's statement. Ms. AGUILAR stated that during the transport the
patient said nothing about his injury. Once they arrived at the hospital, she turned the patient over to hospital
staff. Ms. AGUILAR stated that during this call for service and during her time with the patient she never
saw anyone hit him. Ms. AGUILAR reduced her account to writing in the form of a supporting deposition,
a copy of which is attached and marked as ENCLOSURE #12.
At Poughkeepsie, New York

9

24.
On August 12, 2019, in an attempt to identify the two civilians observed in former Officer
CARMINE'S body camera footage, Sergeant NICHOLAS S. GALLIPANI, SP Poughkeepsie, responded
to Valvoline on Route9 in theTownofPoughkeepsieand i n t e r v i e w e d - who stated he did not witness the incident on May 26, 2019 as he was not
home at the time. Mr. provided the name of the male subject in the video a s - - and a
cell
At Newburgh, New York

25.

On August 12, 2019, Sergeant GALLIPANI interviewed
who stated in sum and substance that on May
26, 2019, he was at his friend's house
on
when heard an argument
outside. He went outside in the driveway and observed police blocking the road and overheard the father
telling the police where the weapon was in the house.· He then observed the police bring a subject out of
the house who started to get physical and belligerent and the police had to take him to the ground at the
bottom of the stairs. Mr. stated the man was bleeding when the police took him to the ground but
he did not see how it happened. When they were putting on the stretcher, he kept spitting and would not
stop so they put a spit sock on him. His father said, "you did this to yourself." They put him in the
ambulance and took him away. A copy of Mr. supporting deposition is attached as
ENCLOSURE #13.

11111

26.

On August 12, 2019, Sergeant GALLIPANI interviewed

in sum and substance that on May
,
,
when- told her something was
going on outside. By the time she went outside, the police had the gentleman on the ground with a spit bag
over his head. Ms. stated she heard the father state, "You did this to yourself." They got him on
a stretcher where he was calm and then started spitting again. Ms. noticed blood on the white
sheet that was over his head but did not see how he got injured. A copy of Ms. supporting
deposition is attached as ENCLOSURE #14.
At Zone Headquarters, SP Wappinger, New York

27.
-

On August 12, 2019, Captain DEQUARTO reviewed and printed a copy of the SJS Incident Report
associated with this investigation which is attached as ENCLOSURE #15.

28.
On August 13, 2019, Captain DEQUARTO obtained the photos taken by Sergeant PUCCIO on
May 26, 2019 which shows nose injury, Trooper HUESTIS' hands/ face and the
scene. A Genl-34D, Digital Photo Record and related photos are attached as ENCLOSURE #16.
29.
On August 13, 2019, Captain DEQUARTO reviewed the Village of Wappingers Falls Police
Incident Report ~~ in connection with this investigation. The report denotes a paragraph written
by Detective WEAVER which states in sum and substance that while removing the suspect to the front
porch he became "combative, kicking, spitting, resisting detention" ... "Suspect was struck by a Trooper
defending himself from the spitting suspect who at that time was attempting to lunge and or kick Police
Officers." Additionally, the report denotes a paragraph written by Officer CARMINE which states in sum
and substance that "while units were walking Mr. outside, he began to struggle and fight with
units. While attempting to sit-down on the outside s t a i r s , _ spit in Trooper HUESTIS'
face". A copy of the village police's incident report is attached as ENCLOSURE #17.

10

30.
On August 13, 2019, Captain DEQUARTO reviewed additional body-camera footage recorded by
Detective WEAVER on May 26, 2019 that captured video/ audio of the transport o f - in the ambulance to the hospital and interactions with Trooper HUESTIS and Officer CARMINE at the
hospital. The video is approximately 37 minutes in duration. However, there are two segments of the video
that are of any consequence. The first is at 15.11 when Trooper HUESTIS is observed on the video stating, .
"He spit in my face, that's why I'm here" and then he is observed looking down at his right hand. The
second is at 32.25 when Detective WEA VER has a discussion with Officer CARMINE about the subject
being struck and how Officer CARMINE witnessed the strike and then appears to mouth the
words " He got rocked." Additionally~ Detective WEAVER is heard stating he did not see the strike but
heard it by stating,"[ heard whack". A DVD containing Detective WEAVER'S additional body-camera
footage is attached as ENCLOSURE #18.
31.
On August 13, 2019, Captain DEQUARTO obtained a copy of the Administrative Message in
connection with this investigation. AMS
SP Wappinger, dated 5/26/19 is attached as
ENCLOSURE #19.

32.
On September 16, 20 19, I received a memorandum from Sergeant Lawrence A. Puccio, SP
Wappinger, which summarizes his response to the \ncident at
in the Village of
Wappingers falls, NY and his interview of Trooper Huestis. In sum and substance Sergeant Puccio stated
that on May 26, 2019, at approximately 6:57PM, he responded to the residence located at
in the Village of Wappingers Falls after receiving a telephone call from Trooper James E. Huestis
who advised that he had just struck a subject in the face, after having been spat on, by said subject. Upon
Sergeant Puccio's arrival, he observed Troopers Huestis, Bonilla, Hettinger, Desarle and Fennell as well as
Officers Weaver and Carmine of the Village of Wappingers Falls Police Department and Dutchess County
Sheriff Deputy Conner attempting to restrain a combative male subject who was seated on the ground and
handcuffed behind his back at the base of a set of stairs leading to the·porch of the residence. The subject
was identified as - - and he was bleeding profusely from the facial area. Sergeant Puccio
continued saying that due to Mr. uncontrollable and aggressive behavior, he was ultimately
sedated by responding Mobile Life Support Ambulance personnel Aguilar and Lundy, prior to transport to
Mid-Hudson Regional Hospital for treatment. He was not able to interview Mr. at the scene.
Sergeant Puccio did secure photographs of the scene and of Mr. Sergeant Puccio went on write that Trooper Huestis advised him that the State Police were
dispatched to the scene to assist the Village of Wappinger Falls Police with a report of an EDP wid1 a knife.
~ r Huestis advised him that Trooper Hettinger, Officer Carmine and Deputy Conner located Mr.
within the residence in a confined space, brandishing a small kitchen knife. Ultimately Mr. dropped the knife and after a brief struggle and was handcuffed behind the back. Trooper Huestis advised
Sergeant Puccio that Mr. was combative as he was being escorted out of the residence by Trooper
Hettinger, Officers Weaver and Cannine and Deputy Conner, by means of kicking, flailing and verbally
threatening hann against them. Sergeant Puccio went on to write that Trooper Huestis then stated that Mr.
had to be safely escorted down a set of stairs leading from the porch of the residence to ground
level, at which time he stood in front of Mr. grabbing at his legs as the others lifted. Trooper Huestis
stated to Sergeant Puccio that Mr. then lunged forward while in close proximity to him, spitting
saliva directly into his face which also entered his left eye. Trooper Huestis stated that he defensibly reacted
by striking Mr.
in the face with his right fist. Trooper Huestis advised Sergeant Puccio that the strike
caused injury,
started to bleed profusely. Sergeant Puccio wrote ihat Trooper Huestis stated
to him that Mr.
was then seated on the ground for EMS arrival., after having been lifted down from

11

the stairs. Troopers and other officers on the scene were unable to render first aid since Mr. continued with his combative behavior until he was sedated by responding EMS personnel. Trooper Huestis
reported to sergeant Puccio that he was experiencing minor pain and swelling to his right hand as a result
of the strike to Mr. face. Sergeant Puccio then secured photographs of Trooper Huestis prior to
transporting him by Division vehicle to the Mid-Hudson Regional Hospital for a medical evaluation.
While at Mid-Hudson Regional Hospital, Trooper Huestis was treated and released for his injury which
consisted of a contusion to his right hand and the possible exposure to communicable diseases. Sergeant
Puccio continued and wrote that Mr. was treated for a broken nose and remained sedated at the
~ l for further treatment to include a men~! evaluation. Sergeant Puccio secured photographs of Mr.
at the hospital and no interview took place due to his sedated and uncooperative state. Sergeant
Puccio's memorandum is attached as ENCLOSURE #20.
33.
The memorandum dated June 3, 20 19, authored Trooper Huestis and submitted to Sergeant Puccio,
regarding Trooper Huestis' actions on May 26, 2019, is attached and marked as ENCLOSURE #21.

34.

On October 8, 2019, I attempted to locate and interview Mr. -

with negative results.

35.
On October 17, 2019, a second memorandum dated May29, 2019, and authored by Trooper Huestis,
came through the Zone II printer. This memo was inadvertently sent to the Zone II office printer by Trooper
Huestis who wanted a copy to review prior to his administrative statement. This memo included more detail
regarding Trooper Huestis' actions on May 26, 2019. A copy of this memorandum is attached and marked
as ENCLOSURE #22.
.
36.
On October 17, 2019, an Administrative Statement was taken from Trooper Huestis at Troop K
Zone II Headquarters, 18 Middlebush Road, Wappingers, NY, relative to his actions on May 26, 2019.
Present for this statement was Captain Dequarto, Lieutenant Healey, Zone Sergeant Mark Conway, Troop
K Zone II, and Trooper Huestis. Also present to represent Trooper Huestis was NCO East Delegate
Representative Zone Sergeant Michael Collier and PBA Deputy General Counsel Maria Morris. During the
statement Trooper Huestis was asked if he struck Mr. to which Trooper Huestis stated "yes".
When asked why he struck Mr. Trooper Huestis responded "[nstinctively, when I got spit in the
face". Trooper Huestis was asked to identify other members and officers standing on the porch at the time
of the incident, to which he stated, "I don' t know". Trooper Huestis was asked specific questions regarding
the existence of the two memorandums he wrote. When asked why there were two memorandums, Trooper
Huestis stated that the memorandum dated May 29,2019, was his first draft. When asked why the May 29'11
memorandum contained information not included in the June 3rd memorandum, Trooper Huestis replied, in
sum and substance, that the memorandum dated May 29 th had infonnation in it that had nothing to do with
the injury to the prisoner (Mr. Trooper Huestis was asked why he struck Mr. to which he
replied, "it was instinctive for him spitting in my face". When asked why his reason for striking Mr.was now different from what he wrote in his memorandum, Trooper Huestis stated that he did not recall.
When asked if he felt his strike to Mr. was justified, Trooper Huestis stated "no". An audio copy
and transcript of Trooper Huestis' statement is attached and marked as ENCLOSURE #23.

CONCLUSION:
This investigation has detennined that on May 26, 2019, Trooper JAMES J. HUESTIS responded
to a residence in the Village of Wappingers Falls, NY, to assist the village police with a report of a man
armed with a knife and possibly a gun. Ultimately, Mr. was taken into custody under Section
9.41 of the Mental Hygiene Law and handcuffed behind his back. While being held secure by three officers

12

and refusing to be seated outside the residence, Mr. lunged his head forward and spit in Trooper
HUESTIS' face. Trooper HUESTIS reacted by striking Mr. in the face with a closed fist causing
a broken nose and a laceration to the bridge of his nose. At the time of the strike, Mr. was
subdued and did not pose an immediate threat to the safety of Trooper HUESTIS or the other officers.
Trooper HUESTIS' use of force was beyond what was reasonably necessary to arrest and control Mr.
The personnel complaint against Trooper HUESTIS is FOUNDED. All facts obtained during
this investigation conclude that Trooper HUESTIS did violate the following Regulations of the New York
State Police:

Regulation 8A2: It shall be the duty of all Members to study and comply with the Rules,
Regulations and Instructions, specifically:
Article 31B4: Use no more force than is legally and reasonably necessary to effect the
arrest.
Regulation 8A8(2): A Member shall not act in a manner tending to bring discredit upon the
Division;
Regulation 8D1(2): Under no circumstances shall a Member subject any person to brutality or
duress, or engage in any improper conduct towards prisoners, persons under investigation, or any
other person;

To Wit: On May 26~ 2019, while assisting the Village of Wappingers Falls Police, Mr. - w as taken into custody under Section 9.41 of the Mental Hygiene Law and handcuffed behind
his back. While being held secure by three officers and refusing to be seated outside the residence, Mr.
lunged his head forward and spit in Trooper HUESTIS' face. Trooper HUESTIS reacted by
striking Mr. in the face with a closed fist causing a broken nose and a laceration to the bridge of
his nose. At the time of the strike, Mr. was subdued and did not pose an immediate threat to the
safety of Trooper HUESTIS or the other officers. Trooper HUESTIS' use of force was beyond what was
reasonably necessary to arrest and control M r . - · Trooper HUESTIS' actions reflected negatively
on the State Police thereby bringing discredit upon the Division.

13

GENL-4 (04/08)

New York Stale Police

SUPPORTING DEPOSITION (CPL§ 100.20)

f,-3

Page 1 ofJ_

THE PEOPLE OF THE STATE OF NEW YORK

.

vs

DEFENDANT(S)

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

I

DATE:

On

6/19/19

STATE OF NEW YORK

COURT

Dutchess

COUNTY OF
Villaae

LOCATION OF DEPOSITION:

Waooinaers Falls

OF

I at

COUNTY OF

._T_t_~_;_AA_T_
E_
D:_ _
~_~_~_,

Villaae

I,

I

FULL NAME:

Dutchess
--------------

_;._______
OF

Waaoinaers Falls

......,

STATE THE FOLLOWING:

has been on Medical leave from his job as a
our years. He has been suffering from debilitating Migrains and other severe pain in his eyes, jaw and
n multiple specialists and has undergone a Cat Scan, MRl's, a Spinal tap and various other diagnostic
procedures to no avail. Doctors are unable to diagnose his problems nor offer any remediation other than regular Botox
injections in his s c a l p . - has resulted to self-medicate with alcohol. On May 26, 2019, while at our residence of ■
111111111111111 in thev'lliag'e of Wappingers Falls, NY. had become extremely intoxicated and was harassing
~ I f. When he refused to comply with our multiple requests to calm down, we told him that we would call
the local police to assist us in having him removed from the house. It was at this point that said he would hide
and he implied that he might have a weapon. We could neither confirm nor deny. It was this information that led to the
extended Police response. When the officers arrived, my wife and I were told to stand away from the house. We both
stood across the street in the yard of the 111111111111111. Soon, the Police came out of the house with ~
hands were cuffed behind his b a c ~ n officer on either side, holding his arms. As he
led down the stairs, he seemed to stumble and a Trooper approached him from the front. I then saw the Trooper
straighten up and punch in the face. I would like to add that in later talking to that Trooper, he told me. that he
had stepped forward because he thought that was stumbling and he wanted to prevent a fall and it was at that
point he s a i d - spit in his face.

w""as""bei'r

NOTICE
(Penal Law Sec. 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 of New York punish
Affinned under penally of perjury
this
19
day of
JUNE
, 20
-or •subscribed and SWom lo before me
this _ _ _ _ day of _ _ _ _ _ , 20

19

New Yori< Slate Police.~-}

GENL-4 (04/08)

Page J. of :J.

SUPPORTING DEPOSITION (CPL§ 100.20)
OF THE STATE OF NEW YORK
.THE PEOPLE
.

vs. - - - - - - - - - -- - - - - - - - - -De.FENDANT(S)

That was followed by the punch. After that, ~ e a t e d on the porch steps. His injury prompted him to repeatedly
call out in distress. An ambulance was c a l l e ~ was transported to the hospital. As far as other witnesses,
none of the neighbors were at home. A "family" group of people were watching from the top of the driveway of t h e They did not live there and have since left. At no time did I see my son act aggressively toward the officers. I did
not see him spit. I have not seen or spoken to since that day. J do not know where he is currently living.

NOTICE
(Penal Law Sec. 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 of New York punlshab
'

•

•

•

•

I~

I

II

f

■

Affirmed under penalty or perjury

this

19

day of

JUNE

-or•subscribed and Sworn to before me
this _ ___ day of
• Thlslomo , _ bo _ , , lo ofll1-• opeciflOIII)' ,-lrod by Iha oo...rt.

,20

~

□ AM

,20 _ _

181 PM

New York State Police

GENL-4 (04/08)

f,...:9

Page 1 ofr/..

SUPPORTING'DEPOSITION (CPL§ 100.20)
THE PEOPLE OF THE STATE OF NEW YORK

.

vs

DEFENDANT(S)

LOCATION OF DEPOSITION:

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

Dutchess

COUNlY OF
Villaae

I

DATE:

On

6/19/19

STATE OF NEW YORK

COURT

OF

COUNlY OF - -- - ---=D:.:u:.::tc:::.:.h:.:::es;:a;s"------~

Warminaers Falls

Villaae

I at .__~M_:~_;_AR_TED_._·-~-~-~_, I, I

______
OF

Wanninaers Falls

____,

FULLNAME:

STATE THE FOLLOWING:
On Sunday May 26, my son
was at our house a t ~ - in the Village of Wappingers
Falls, NY, self medicating for extreme facial pain with alcohol. We t ~ s p e n t the day outside but he
became belligerent and quarrelsome and would not leave us alone. My husband warned him to leave us alone or we
would call the Police and have him removed. became increasingly agitated and my husband called the Police.
111111111111111 having weapons and we warned the Police of this. We thought it unlikely he had a gun but warned
~ u n d a n c e of caution. Following the arrival of Wa~Vlllage police and several cars of NYS
~ i r e c t e d by a Trooper to go across the side street, - - - and stand in the front side yard of the
. . . . . . . . for my own safety. I took my leashed Greyhound and did as I was directed. There were two people
standing next to the fence at the top of the driveway of the
. These two people were visitors to the
not inhabitants, and unknown to me. I cannot sa what they observed. More NYS Troopers arrived. The officers
stood around the perimeter of my house,
watchin the outside of the house while other Troopers
entered my home to look for my son,
A ter some time,
was brought out of the front door of the house
onto the front porch. His hands appeare to be cuffed securely be in is back. Two Troopers held his arms, one on each
side. Other Officers exited the front door. When and his escort exited the front door, t h e r e ~ and a
local Police Officer standing at the foot of the porch stairs leading to the sidewalk on the side street, - - -

NOTICE
(Penal Law Sec. 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 of New York punishable as a Class A Misdemeanor.

Affinned under penalty of perjury
this
19
day of
JUNE

, 20

19

-or•subscribed and Swom to before me
this _ _ _ _ day of _ _ _ _ _ , 20
•'Tin'-,_ bo .......10 .,.,,....., ,a;ec;fieolly ~ by U., oourt.

"'-~~

DAM
PM

8

New York State Police

GENL-4 (04/08)

Page ,J of

SUPPORTING DEPOSITION (CPL § 100.20)

.

•THE PEOPLE OF THE STATE OF NEW YORK

'2.

vs. - - - - - - - - - -----------DEFENOANT(S)

A s - and the two Troopers holding his arms began to descend the stairs, one of the Troopers at the foot of the
stairs stepped forward and shortly thereafter drew his arm back and punched in the face. I saw
recoil
backward against the stairs as the two Troopers holding his arms attempted to maintain their balance.
yelled for
help. I heard someone say that - ~ h e Officer who punched- From the front, side yar , near the tree,
of the
, I c o u l d ~ spit as facial expressions were not obvious from that location. I did
observe the Trooper draw back his arm and punch in the face. After
was punched, I heard someone
say something about an ambulance. Two ambulances arrived and one took him,
I believe that the Officers who
punched in the face was the older of the two Troopers with shaved heads at the scene. I believe I had spoken to
this Officer when he first arrived at the scene, before the altercation. When I spoke to this Trooper, I explained that
was physically ill and suffering, not just a bad person. From my vantage point, at no time did I see my son act
aggressively toward the Officers. I have not seen or spoken to since that day. I do not know where he is currenUy
living.

NOTICE
(Penal Law Sec. 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 of New York punlshable as a Class A Misdemeanor.
Affinned under penalty of perjury
this ~
day of
JUNE
-or•subscribed and SWom to.before me
this _ ___ day of
•'11,!o--bo_,,,tmo,..,_~,oqllitod f¥UIOCOoll.

,20 ...,!L
□ AM

,20 _ _

181 PM

E-~

6-5

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJi._Statlon._ _ _. . ;S:::.;P:.. . . .::W=acpcp.:.:.in.:. g:1-ae.. _r
Date._ _ _ _ _ _......:.A=u:..i:.g.,;::u=s=t-=-12=1...,2=0....
1__
9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Trooper Andrew J. Hettinger

Subject:

INJURY TO PRISONER WHILE IN CUSTODY

A. (5. 1-\.

On May 26, 2019 at approximately 06:30 PM Dutchess County 911 polled for
available unit that could assist the Village of Wappinger PD for a male EDP known as
·
Myself that was in marked division vehicle 2K15 along with other SP
units responded to
, V/WAPPINGER. Upon arrival Village of Wappinger
PD informed SP units that a male EDP is lo9ated inside the house with a possible knife. An
outside perimeter was ~et in place while two Village of Wappinger units, DCSO unit and myself
devised a plan to clear the house. Upon clearing the house, a Village of Wappinger unit advised
that he found
located inside a bedroom closet on the main floor of the residence. I
observed
laying the closet with a knife in his right hand and a knife laceration
located on the palm of his left hand.
ignored multiple verbal commands from all
officers to drop the knife. Eventually
obeyed police orders and relinquished the knife.
was taken into custody and searched for any further weapons.
While in custoqy and anns restrained in the back by handcuffs repeatedly vocalized vulgar language to all officer's present. I am unsure of the specific vulgar
· w o r d s - used. While escorting-from the residence to the outside perimeter to
await EMS a r r i v a l - became very uncooperative. had to be escorted
physically by myself holding his right arm, and unknown officer either from the Village of
Wappinger's Police D ~ t or Dutchess County Sheriff's Office h o l d i n g - left
arm. While escorting-- from the residence a set of stairs just before the street were
observed. TROOPER JAMES E. HUESTIS during that time attempted to assist officers by
grabbing the legs o ~ to guide him down the stairs. During that t i m e .
continued to become emotionally agitated by cursing artd yelling along with becoming passively
resistant. became passively resistant when disobeying all verbal commands from
officers to walk during the escort and to sit down when told. At that time, started to
spit at TROOPER HUESTIS by lunging his head in the direction of TROOPEll HUESTIS.
Immediately, myself and the unknown officer h o l d i n g - left arm, physically brought
to the ground away from TROOPER HUESTIS onto the porch stairs, to inhibit any
further spitting. At this time, I heard a pop.·Immediately following the sound of the pop
,.
stated "You broke my nose". I turned back to TROOPER HUESTIS and observed

in

2

,TROOPER HUESTIS shakin his right hand and wiping saliva off his face. I did not see
TROOPER HUESTIS hit
because I was facing in the opposite direction trying to get
to sit on the porch steps.
contipued to state unidentified vulgar language and
began to bleed from the bridge of his nose.
then began to spit his blood at surrounding
officers until several spit socks were a ~ S arrived on scene and attempted to evaluate
with negative results due t ~ becoming physically uncooperative by twisting
his upper and lo~wbile continually spitting blood at surrounding officers when located
on the stretcher._, multiple times attempted to raise his head, twist his body in efforts to
get unrestrained, and spit bloqd at surrounding officers. During the time was spitting
blood I placed m left shin a c r o s s - hip to i n h i b i t - from getting off the
stretcher.
w ~ strapped down by unknown paramedics while I was controlling
the hips of
· -was then sedated by EMS and transported to Mid-Hudson
Regional Hospital for a psychiatric evaluation.

,.,

:f-.b

Genl , 7

:,.

NEW YORK STATE POLICE
"'

MEMORANDUM
Troop K Statlon_ _-"S=P::........;:W=a...,p...,p.._in_.g"'"__
'e r
Date._ _ _ _ _ _....;::J;..;:;u=n=e'-'.2=1""',....;;;2=0'-'1-=9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Trooper Samantha J. Fennell

Subject:

Injury to Prisoner While in Custody

5, "J, f

.

On May 26, 2019 at approximately 6:30pm, I was working a 1 Tour out of SP
Wappinger operating marked patrol unit 2Kl4. Myself along with Troopers CATHERINE
DESARLE, ANDREW HETTINGER, ALEXANDRA BONTI.,LA and JAMES HUESTIS responded
to a Dutchess 911 poll to assist the Village of Wappinger PD with a male EDP at
in the Village of Wappinger. Upon arrival, the male subject was identified as
, he was barricaded in the residence with a knife. A perimeter was established and
was located inside the residence in a bedroom closet. I was on the rear exterior porch when
I heard voices giving commands, I then entered the residence. W h e n - was then taken into
custody by Trooper HETTINGER and Village of Wappinger Officer CARMINE, I was in the
hallway outside the bedroom. was then escorted out of the bedroom, during this time he
was highly uncooperative, belligerent, irate and spitting. was then escorted outside to
await the arrival of EMS for transport to the hospital for a mental health evaluation. I then went out
to the front porch briefly and returned back into the residence with Trooper DESARLE to look for
any additional weapons in the room w h e r e - was located. While in the residence I heard via
Dutchess 911 that additional EMS was dispatched for an injured Trooper. I assumed the injury was
d u e t ~ spitting due to my earlier observations. lwent outside to the front porch, I observed
at the bottom ofthe stairs with Trooper HETTINGER and Village ofWappinger Officers.
I did return back into the residence with Trooper DESARLE to check the bedroom w h e r e was located. I heard from officers on scene that Trooper HUESTIS had s t r u c k - in.the face
due to spitting at Trooper HUESTIS. I do not recall what officer stated that Trooper
HUESTIS s t r u c k - in the face. I did not observe- spit at Trooper HUESTIS and I
did not observe Trooper HUESTIS s t r i k e - in the face. Sergeant PUCCIO was notified and
responded to the scene.

Ge11I, 7

NEW YORK STATE POLICE

MEMORANDUM
TroopK._Station._ _....;S:.;P:........;:W=a.cp.cp.:.:in..:.;;g;&.;:e=r
Date._ _ _ _ _ _--:.J=un~e:...:.26:.i,L..:2::.:::0:;..:1=9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Trooper Catherine R. DeSarle

Subject:

INJURY TO PERSON WHILE IN CUSTODY

C!J)

On May 26, 2019 I was working a Fl2 tour out of SP WAPPINGER operating marked
division vehicle unit 2Kl9. At approximately 6:30 PM, I was dispatched by Dutchess County 911 to ■
to assist the Village of Wappingers Falls PD with a barricaded male EDP with a
knife. I responded to the location with Troopers ALEXANDRA BONILLA, ANDREW HETTINGER,
SAMANTHA FENNELL, and JAMES HUESTIS. Upon arrival, a perimeter was estabiished and the
subject, positively identified
was located inside a bedroom by Trooper
HETTINGER and Village Police Officer (PO) CARMINE. I was outside of the bedroom and heard
Trooper HETTINGER and PO CARMINE giving verbal commands t o _, who was inside of a
closet in the bedroom. was subsequently taken into custody by Trooper HETTINGER and PO
CARMINE. I was outside the bedroom when Trooper Hettinger and other unifonned patrol (Village of
Wappinger and DCSO), escorted- from the bedroom to the porch. While on the porch, I was
focused on
parents, who were standing across the street. I returned inside to the bedroom
wher~
was located, to sweep the room for any further weapons. When I returned out to the
porch, I observed Trooper HUESTIS shaking one of his hands and standing on the comer. I learned of the
altercation that occurred through other officers at the scene, I do not remember which one. I did not
observe- spit on Trooper HUESTIS and I did not observe Trooper HUESTIS s t r i k e -.
Sergeant PUCCIO was notified and responded to the scene.

as--

UCl'IL-'fo \~'1/UOJ

SUPPORTING DEPOSITION (CPL § 100.20)
•THE PEOPLE OF THE STATE OF NEW YORK

vs

DEFENDANT(S)

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

COUNTY OF
Villaae

On

I

DATE:

6/29/19

LOCATION OF DEPOSITION:
STATE OF NEW YORK

COURT

COUNTY OF _ _ _ _ _ _ _D__u___
tc__h__
e___
ss________

Dutchess
Waaainaers Falls

OF

I

Town

I

TIME STARTED:
□ AM I, FUU NAME:
at .__3_:o_o____181_P_M_,
_

OF

Wanninaer

Linsky Lundy

STATE THE FOLLOWING:
On May 26, 2019, I was working as an Emergency Medical T e c h n i cmi aartner
- w i tParamedic
h
Grace A. at Mobil Life
Services out of Arlington when we were dispatched to a trauma at
in the Village of Wappingers
Falls,NY. We responded and arrived on the scene to find the patient sitting on t e s1 ewa , bleeding facially, handcuffed
and being restrained. The police reported that the patient was to be transported to the hospital for treatment. We made
contact with the patient who was extremely agitated and belligerent. The patient was still screaming and swearing, fighting
by thrashing around and kicking at the Police. The patient was lifted from the ground and onto the stretcher. The patient
was still screaming, kicking and spitting at us as we attempted to secure the stretcher safety straps. The Paramedic,
Grace, attempted medical sedation and the patient continued being agitated. A spit mask was applied to the patient but
the patient continued spitting through the mask. The patient was taken on the stretcher and loaded into the ambulance. I
drove the ambulance to the hospital. During the transport, I could hear the patient continue screaming and fighting. We
arrived at the hospital and the patient was taken inside and into a hospital room. The patient was transferred onto a
hospital bed and left in the care of hospital staff. At the hospital, .I learned that the patient had received the facial injury
from an altercation with the Police. I did not see how the injury occurred as it happened prior to my arrival on scene. I
never saw anyone hit the patient.

NOTICE
(Penal Law Sec. 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 of New York punishable as a Cl'clss A Misdemean
Affirmed under penalty of perjury
this
29
day of
JUNE

-or"Subscribecl and Swom to before me
this _ _ _ _ day of
• Thblonn nood 1,o...,,,.ro o.nly"""" tpOCfficaJt\'""luiNld b)'UloaJUR.

,20

19

a...u

NEW YORK STATE POLICE

MEMORANDUM
Troop

K Station SP Wappinger

Date

July 3. 2019

To:

Major Richard L. Mazzone., Troop Commander-Troop K

From:

Probationary Trooper Alexandra A. Bonilla

Subject:

INJURY TO PRISONER PRIOR WHILE IN CUSTODY

A.A.a·

At approximately 6:35 p.m. while working a scheduled 1 shift. Troopers JAMES
HUESTIS, CATHERINE DESARLE, SAMANTHA FENNEL, ANDREW HETTINGER and L
patrolled to
in the Village of Wappinger to assist the Village of
Wappinger Police Department with an emotionally disturbed person with a knife
While on scene I secured the outside perimeter while Troopers HETTINGER,
DESARLE, HUESTIS and FENNEL went inside to located
. I went
inside of the house to assist when I heard someone yell "drop the knife". When I went inside I
was told that he was in a bedroom and that there may be an exit from the room to the basement
so I went towards the back exit in the kitchen to ~ecure that side. I observed being
brought out of the residence by Troopers HETTINGER, HUESTIS with the assistance of the
Village of Wappinger Police and a Dutchess County Sheriffs Deputy. was handcuffed
behind his back with the Village of Wappinger officer holding his left ann and Trooper
HETTINGER holding his right ann. The Dutchess County Sheriffs Deputy was towards the
back of the group of officers bringing- outside. Trooper HUESTIS w a ~ o n the
right hand side in front of the group. I did not know the names of these officers.111111111111 was
resisting walking out by refusing to walk, flailing and squirming his upper body, spitting in the
directions of the officers, and yelling "fuck you cocksuckers" at the troopers and officers while
they were escorting him out. I was still in the residence in the living room towards the kitchen,
behind Troopers DESARLE and FENNEL while they were walking
outside. No one
else was standing beside me. While the group of officers were walking
outside, I saw
kicking his legs in an attempt to become deadweight and become more difficult to
move outside. I saw Trooper HUESTIS g r a b - right leg to try and control him to make
him easier to move while they were just getting outside onto the front steps. I saw the officers get
onto the porch and lost view of them until I got closer to them. My view was partially
obstructed by the officers in front of me as I was still in the residence. I moved·towards the exit
to where the officers and were a n d - sitting on the steps and spitting in the
general direction of the officers when Trooper HETTINGER told me to get a spit sock. I went

through the back of the house to 2Kl 5 to retrieve a spit sock to attempt to s t o p - from
spitting at the officers. I did not see
face until after I retrieved the spit sock I walked
•over to the group of officers with
and saw
bleeding from his nose. I handed. Trooper HETTINGER the spit sock and he placed it on
head. After the sock was
placed o n - h e continued to shout various curses such as "fuck you cocksuckers" and
"one of you mother fuckers broke my nose". continued to spit at the officers with the
spit sock causing the spit to be bloody. I retrieved a second spit sock and it was placed on
Trooper HUESTIS asked me if he had any marks on his face because
on him. EMTs one male and one female arrived and when they attempted to examine
he continued to use general curses asking when someone was going to fix his nose. Sergeant
PUCCIO arrived around the same time as the EMTs and we briefed him on the situation. The
officers and l assisted the EMTs in g e t t i n g - onto a stretcher. At this p o i n was still kicking his legs to resist and TROOPERS DESARLE and I each.held down a leg so the
EMT could secure them. The female EMT sedated- and gave him pain medication.
was transferred on to the ambulance and Trooper HUESTIS went with Sergeant
PUCCIO to receive medical attention. Another Village of Wappinger Officer was on scene
however I do not know when exactly he arrived. I was still on scene having a conversation with
the other officers and asked what happened to because I did not see Trooper HUESTIS
or any other officer h i t _ , someone, I do not remember specifically who said "I think
HUESTIS hit him". I did not witness contact being made between with the troopers, or officers
a n d - . I did not witness and injuries to any involved parties. I was not injured in any way
during this encounter.

THE PEOPLE OF THE STATE OF NEW YORK

vs

DEFENDANT(S}

LOCATION OF DEPOSITION:

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

COUNTY OF
Villaae

On

IoA~:7/4/19

STATE OF NEW YORK

COURT

Dutchess

COUNTY OF _ __ _ _ _..:D:.::u:.:.:tch=e~ss~----~

OF

Wanninaers Falls

I

at .._9:_4_6_ _ _0_P_M_,

TIME STARTED:

181 AM

Town

I,

I

OF

Pouahkeeosle

FULL NAME:

Geroge Lebron

STATE THE FOLLOWING:
On May 26, 2019, I was working as the Paramedic with Mobil Life Services and arrived at 111111111111111 in the
Village of Wappingers Falls, NY. after responding to a call for an Officer needing medical ~ on the
scene and I saw a Sergeant from the NYSP speaking with another Trooper. I spoke with the Trooper who stated that he
was spit on in the eye and that his hand was sore. The Trooper advised that his hand was sore from pulling the patient
out to arrest him. He said they found him under a piece of furnature. The Trooper told me that his hand was injured while
moving the patient outside and that during that time he was handcuffed, still resisting and very agitated. I sent the Trooper
to see my partner, Emergency Medical Technician C. Grotzer, in the ambulance for treatment. I then assisited Medic
Grace Aguilar with patient care. The patient had a spit mask on with blood coming from his nose and mouth. The patient
was handcuffed behind his back. The patient was having his feet restrained by a female Trooper. Medic Grace Aguilar
told me that the patient spit in her mouth. I assisted Medic Aguilar with sedating the patient. The patient was very agitated,
squirming around and experiencing "excited delirium". The patient was sedated using the excited delirium protocol. The
patient was moved to the ambulance and transported to MHR E.R I did not witness the patient spitting on anyone. I did
not witness anyone hit the patient.

NOTICE
(Penal Law Sec. 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 of New York punishable as a Class A Misdem~
n,_or______
2
Affirmed under penalty of perjury
----<---5'-Z;.___ _..,,..._ _.,....._ _ _ __ _
this
4
day of
JULY
, 20 19
- or •subscribed and Sworn to before me
181 AM
this _ _ _ _ day of
□ PM
,20
• Tlllolom, , _ 1,o..,.mr., c nr, "'1on eoedlosty,equ!n,d b)' u.o ccll!I.

THE PEOPLE OF THE STATE OF NEW YORK
VS

,.

DEFENDANT(S)

LOCATION OF DEPOSITION:

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

COUNTY OF
Villaae

I

DATE:

On

7/4/19

STATE OF NEW YORK

COURT

COUNTY OF - - -- ---=Dc.::u:.a.;tc:.a.;h~e=ssc....__ __ _- - 1

Dutchess

I at

Town

Wanninaers Falls

OF

e1_;~__, I, I

._;_1~_;_;_AR_T_E_o:_ _

FULL NAME:

Pouahkeeosie

OF

Christopher A. Grotzer

STATE THE FOLLOWING:
On May 26, 2019, I was working as the Emergency Medical Technician with my partner, Paramedic George Lebron, for
Mobil Life Services. We were dispatched as the back up crew t o ~ in the Village of Wappingers Falls,
NY to a report of an Officer needing medical attention. Upon ~ s i n g the situation and spoke With
Officers on the scene to see if anyone required medical assistance. One Trooper had a complaint of being spit on by the
patient and it going in his eye. I treated the Trooper with normal saline flushes to copiously Irrigate the eye of exposure.
The Trooper stated that during the removal of the patient from the home, the patient was aggressive and spit in his face. I
advised the Trooper that he should seek further medical attention for exposure of pathogens and he stated that his
Sergeant would take him to the hospital for evaluation. At no time did I witness any acts of aggression from anyone at the
scene. I did not see anyone hit the patient and I did not see the patient spit on anyone. The patient on the stretcher
appeared irritated. After treating the Trooper, the Medic from the primary crew reported that the patient had also spit in
her mouth and on her face. She stated that she would be seen at the hospital upon arrival of after patient transport. The
Trooper made no other complaints aside from bodily fluid exposure to his eye. I do not recall the Trooper voicing any
other injuries.

NOTICE
(Penal Law Sec. 210.45)
In a written instrument, any person who knowingly makes a false statement which such person does not believe to be true has c;ommltted a
crime under the laws of the state of New York punishable as a
ss A ·sd
nor.
Affirmed under penalty of perjury
, 20
this
4
day of
JULY
-or•subscribed and Sworn to before me
this _ _ _ _ day of _ _ _ _ _ .20

19

NTJ - Christopher A. Grotzer

181 AM
□ PM

t;;~NL-4 (V4/UIIJ

l~~W I UIK .:>t<Sl~ t"Ullo.;t:t

SUPPORTING DEPOSITION (CPL§ 100.20)

t1 'l,;

Page 1 of

'THE PEOPLE OF THE STATE OF NEW YORK

vs

DEFENDANT(S)

LOCATION OF DEPOSITION:

LOCATION OF INCIDENT:
STATE OF NEW YORK,

LOCAL CRIMINAL

COUNTY OF
Villaae

I

STATE OF NEW YORK

COURT

Dutchess
OF

COUNTY OF - - - - - ~
· D:;;..u=t=ch.;.;:es"""""s_ _ _ _ _---1

Town

Waooinaers Falls

OF

Waooinaer

DATE:

On

07/19/19

Grace Aguilar

STATE THE FOLLOWING:
On May 26, 2019, I was working as a Paramedic with my partner, Emergency Medical Technician Linsky Lundy, for Mobil
Life Servioes when we were dispatched to
in the Village of Wappingers Falls, for a psychiatric
emergency. When we arrived and approached the porch we observed the patient sitting on the porch steps, his face was
bloody and he was wearing a spit mask. The patient was handcuffed behind his back; he was being belligerent and yelling
"fuck you, fuck you people" and continually spitting through the mask. The patient at one point spit on my face and into my
mouth, so we applied a second spit mask. During this time I heard someone say something about someone hitting him. I
do not recall specifically who or what was said but I remember the patient saying something like "they fucking hit me•.
Before we tried to get the patient onto the stretcher and into the ambulance I asked if anyone else was injured. A Trooper,
I do not know his name, raised his hand and stated that he was and stated something to the effect of "my hand is sore, I
hurt my hand, he spat on me and we had to put a mask on him". I do not remember exactly what the Trooper said. I then
quickly looked at the Troopers hand but since the other ambulance crew was there I had them attend to that Trooper.
When we tried to get the patient onto the stretcher it was difficult. He was continually yelling and wiggling around. He was
trying to kick us so we had to secure his ankles to the stretcher. Then I sedated him. We got him loaded onto the
ambulance. I rode in the back of the ambulance to continue treatment of the patient on the way to the hospital. A
Wappingers Polioe Officer, I don't not know his name, rode in the back of the ambulance with us. During the transport the
patient was continually belligerent and yelling

NOTICE
(Penal Law Sec. 210.45)
In a written Instrument, any person who knowingly makes a false statement which such person does not lieve to be true has committed a
crime underthe laws of the state of New York punishable as a Class A Misd
eanor.

Affirmed under penalty of perjury
ihis
19
day of
JULY
-or •subscribed and Sworn to before me
this _ __ _ day of

, 20

----- ,20

19

GENL-4 (04/08)

l'lt:W l UI I\ ;:!ldlt:

SUPPORTING DEPOSITION (CPL§ 100.20)
• THE PEOPLE OF THE STATE OF NEW YORK
'

r-um.;t:

Page 2 of 2

vs. - - - - - - - - ~ =
~=~-------DEFENDANT{$)

"fuck you" and he kept trying to spit on us. He never said anything about his injury to me. Once we got to the hospital we
turned the patient over to hospital staff. During this call for service and my time in the presence of the patient I never saw
anyone hit the patient.

NOTICE
(Penal Law Sec. 210.45)
In a written instrument, any person who knowingly makes a false statement which such person does not believe to
crime under the laws of the state of New York punishable as a Class A Misde

true has committed a

Affinned under penalty of perjury

this

19

day of
- or-

JULY

, 20

□ AM

"'Subscribed and Sworn to before me

this _ _ _ _ day of
• This form nood be G"aOm lo ollly \O'hen siiacffioally raquiral by the court.

19

, 20

C8i

PM

~ii

PAGE 1

SLIPPORTIUG DEPOSITION (CPL §100.20)

OF 1

NEW YORK ST ATE POLICE
THE PEOPLE OF THE STATE OF NEW YORK

-vs.

Oefendant(s)

INCIDENT LOCA TION:
STATE OF NEW YORK LOCAL CRIMINAL

COURT

STATE O F NEW YORK

DUTCHESS

COUNTY OF

or

TOWN

On

LOCATION OF DEPOSITION:

COUNTY OF

CITY

WAPPINGER

ORI\NGE
of

NEWt;IJRGH

T1m11 Started

DIii!•
08/12/2019

al

!DIile of BiM

0402PM

to.

I,

,~~te

and Street

State The Following:

My name ,s _
and~
w,~
as Galhpan, of the New York State Police. On May 26. 2019
I was in my friend's house, - - - on ~
filling out paperwork when i heard an argument outside. i
then went outside in the driveway where I saw police and road blocks. 1 saw the father otltside teiiing the poflce where the
weapons were in the house. There were State Troopers, Wappinger Pof1oe and other agencies there When the poiice
brought him outside on the porch he was fme Then him and his dad were having words and something triggered him off
That's wt1en he started getting physical and bel!lgerent. The pof,ce then had to take him to the ground at the bottom of the
stairs. He was bleeding when the police took him to the ground but f did not see how it happened. Two ambulances
showed up and put him on the stretcher where he was spitting. He was spitting before and after he got onto the stretcher.
They were trying to check him out but he did not stop so they put the spit bag on him. The father said. "you did this to
yourseif" He kept on asking his da::J to call his girlfriend but his dad wouidnf iisten. They then put him in the ambulance.
The police there were trying to keep him calm.

Notice
(Pena: Law §210 451

In a written 1r,st, 1

1t , any person who knowingly rnaKes a false statement which such person does not believe to be true has

commm:ed a cr11--c .: 1der the 1aws of the state of New Yori< punis1able as 3 Class A M1sctemeancr

Affirmed under panalty of per]ury

TH
this

_1___
2_ _ _ day

ot

AUGUST

-OR·
• Stibscriber::! ,rid Sworn to before
\hrs

me

---- day of ----

2019

SUPPORTING DEPOSITION (CPL §100.20)

PAG'E: 1

OF 1

NEW YORK STA TE POLICE
THE PEOPL.E OF THE STATE OF NEW YORK

-vs.

Defendant(s)

INCIDENT LOCATION:
STATE OF NEW YORK LOCAL CRIMINAL

STATE OF NEW YORK

COURT

DUTCHESS

COUNTY OF

TOWN

of

Det•
On

LOCAT!ON OF DcPOSff/ON:

COUNTY OF

WAPPJNGER

CITY

ORANGE
of

NEWBURGH

T1me Started

I

at _04:23PM

08112"2019

State The Following:

My name is
and I am speakmr;.:!!l!!2.§2!fi22!!J:Jjpholas Gailipani of the New York State Police On May 26.
2019 we were at
■■I l1ouse on- - -. when .
said there was somethmg going on outside. By the
time I got outside the po/i1:)e had the gent!~man on the ground with one of the spit bags over his head already He was
beggmg his mother ,3r-;cJ father to Cii,.i! a_g1ri. possibly his gmfnen<J. The father said to his son. "you did this to yourself "
That's when the paramedic shovved up and pulie,:; out.the stretcher They got him on the stretcher and he was calm for a
little bit until he saw the paramedic with a needle and vile At that point he started spitting again and they stuck another net
over his face I then noticed the blood because of the white sheet over his face. I did not see how he got his injury but saw
that he was bleeding. I then went inside to finish my laundry.

N~ti.c_e
(Penal Law §210.45)

In a written instrument, any person who knowingly maK-es a false statement Which such person does not believe to be true has
committed e crime under the Jaws of the state of New York punishabt ..

-

.!. 1

• • • ,.

•

Afflrrned under penalty of perJUry
TH

this

_1___2_ _ _ day Of

AUGUST

2019

-ORiW!TIIE SS\

• Subscribed and Sworn to before me

m&End~d

8/12/1019

this

----

day Of

IA

----

r

04:34 PM

' = = = = ~= ~==='

(/4-r ~ t ~ ""o L, f\'S f:lt. 1/4;1 p~JJ \ ii 4as--l

~ ENL 340 (Rev 05115)

I

DIGITAL PHOTO RECORD

INSTRUCTIONS:
• Complete a separal~ form lor eac~ lnvosllgatlon
- - - - - - - - ------,---,~--,----,,---°7"" -=--,..,,.-,---,-,,--,:-=-·--r-----=-=-==----'•..;.P.:.,rin""t~or~ty
- po all entries
.
STATION
CASE NUMBER
FIU t EAO NUMBER
INCIDENT DATE
PHOTO DATE
I ·- ··· -· .
TIME

•

SP
Wappin~er
•
,.. ____ ,..,...,.,.,~,,_.------'·----=-===---.... -"'--,. INVESTIGATING MEMBER

Sergeant Lawrence A. Puccio
CASi: TYPE

On-Duty Injury / Injury to Person in Custody

I

05/26/20 19

- - . ,~·-····· '. ..---------·-·------·---

ll

05/26/2019

M _ _ _ _ _.,_ _

PHOTOGRAPHER'S NAME

-T-

CNOYMPSLAP,NAN/

r

-

M·• _ • •

3EGAN

Ir

··-· ~ ..
COMPLE.Teo

L...7:15PM
--·~-- _ _. ___..._ . 7:20PM
-

Sergeant Lawrence A. Puccio
OEFEN-OAN
T . OPSRATOR- OECEAS!O

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

COUNTY

Dutchess
GENERAL DESCRIPTION OF SCENE I ITEM(St

Trooper and Suspect injuries

CAMERA

IMAGE#

PHOTOIO#

1

001

24
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75

76

INSP-8PS ($ev 11 /161

New York State Police

Photo 2 of 13

Photo Sheet
Case#

INSP-SPS

- ev 11116)

New York State Police

Photo Sheet

Photo 3 of 13

l~SP-8PS (~e11 11/16)

_

I

New York State Police

Photo Sheet

I.........,,
Case#

INSP-BPS (Rev 11/i 6

New York State Police
P hoto 10 of 13

Photo Sheet
Case#

-

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.

'

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.

Administrative Message Report

AMENDED
05/28/2019 11 ;01
Print\Run O■te DS/2B/2019

Date\llme Reported\Olscovered
05/26/2019 18:38

Agency ORI

TZS

NYSP WAPPINGER

K211

M_essage
ASSI ST QTI-lERAGENCY, INJURY TO PERSON -WHILE IN CUSTODY, ON DUTY INJURY, ON DUTY INJURY ·
EXPOSURE TO COMMUNICABLE DISEASE
Investigated

By

Photos YES

Units Responded

SERGEANT LAWRENCE A. PUCCIO

Videotape NO

UF

On May 26th, 2019 at approximately·6:38 pm, SP Wappinger Troopers James E. Huestis, Andrew J. Hettinger, Catherine R.
Desarle, Samantha J. Fennell and Alexandra A. Bonilla responded to a 911 call at. . . . ., VM/appinger Falls to assist
the VM/appinger Falls PD with an EDP with a knife. The suspect, ~~s located in the residence
Within a confined space brandishing a kitchen knife which he eventually dropped and was taken into custody after a bri ef
struggle. As he was being escorted -out or the residence, onto the porch, the suspect continued to be highly combative by
kicking, flailing and threatening harm towards the Troopers an~ Officers . In an attempt to safely traverse down a set of stairs,
Trooper Huestis graobed the leg or the suspect, who.then spat in Trooper Huestis's face and into his left eye. Trooper Huestis
then struck the suspect in the nose with a closed right fist to stop the suspect's aggressive behavior towards him and the
other Officers. The suspect continued to resist and spit at the officers and was eventually sed ated by responding EMS who ·
transported him to Mid-Hudson Regional Hospital for a mental health evaluation and an apparent nose injury. Sergeant
Lawrence A. Puccio responded to the scene to ·investigate and subsequently transported Trooper Huestis by Division vehicle
to the Mid-Hudson Regional Hospl~al for a minor injury to his right hand·and for the exposure of bodily fluids.

r.
wa s kept sedated by the hospital staff and diagnosed with a broken nose and held,
for further evaluation. ARS number- to be. obtained during next business day.
Captain Paul M. DeQuarto, Zone II Commander, was notified by Sergeant Puccio.

t:A(d~J#iium~~i~~1f'~Bm~~c&~?:~~;~~~t~.~~fif~-l~~~~~~;;,:~~~~~?;··~
" :r~.r rtt:~ ~~~~~~0~~~::J~J
ARS contacted, todays date and number#O0S01779 was assigned.
Actual address of Incident:

# Vehicles
0

# Injured
2

County
DUTCHESS

-

# Deceased
0

Wappingers Falls.

Apparent c;ause
PENDING INVESTIGATION

crrNName

location\ Street Name\ Mile Post Marker

WAPPINGERS FALLS, VlLLAGE OF - 1424

Weather Conditions

Road Conditions

2 -CLOUDY

1 ·DRY

Description of Damage
NONE
Criminal A ction
MENTAL HEALTH LAW 9.4 1

Sent. Date \ Sent Time
05/26/2019 23:40
Not ification

Sent By
PUCCIO LAWRENCE

CAPTAIN PAUL M. DEQUARTO

ZONE

Page 1 of 3

Driver Name

DOB

Gender

License State

City

Address

Chemical Test

NO

Driver Charged

NO

Zip

State

Violations

Driver Member?
NO

Member Rank
CAPTAIN

•

Date of Entry

Member Shield

Member Shift

Name (exactly as printed on registration)

Address

City

State

Zip

Insurance Company and Code

License Plate#

State

Vehicle Year

Make

Van#

VIN#

MIieage

School Bus

NO

Front Airbags Deployed

Comm. Veh,

NO
NO

Side Airbags Deployed

NO
NO

Fire Suppression Deployed

NO

NYSPVeh.
Equipment
Damage

Equipment Damag~
Description

NO

Injured \ Deceased
Injured\ Deceased Name
HUESTIS, JAMES E

DOB

Gender

Race
2-WHITE

M

Address

City
ALBANY

1220 WASHINGTON AVENUE

State
NY

Approx Age

■
Zip
12226

Description oflnjury

Injured Taken To (Medical Facility)

Position in Vehicle

MID-HUDSON REGIONA~ HOSPITAL
In Custody
NO

Seat Belt

Ejected

Relative Notified

NO

NO

NO

Driver Member?
YES

Injured \ Deceased
Injured \ Deceased Name

Member Rank
TROOPER

Date of Entry
04/21/2008

...
DOB

Page 2 or3

Member Shield
3192

Gender
M

Race
2-WHITE

ARS#

Approx Age

■

• Addres';.

City

State

Zip

WAPPINGERS FALLS

NY

12590

Description of Injury
BROKEN NOSE

Injured Taken To !Medical Facility)
MIO.HUDSON REGIONAL HOSPITAL

Position in Vehicle

In Custody

Seat Belt

Ejected

Relative Notified

YES

NO

NO

NO

Driver Member?
NO

Member Rank

Date of Entry

Page 3 of 3

Member Shleld

ARS#

Genl. 7

..

.

/

NEW YORK- STATE POLICE

MEMORANDUM
TroopJS....Station East Fishkill
Date September 25, 2019

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Sergeant Lawrence A. Puccio~

Subject:

INJURY TO PERSON WHILE IN CUSTODY

On May 26th , 2 0 ~ a t e l y 6:57PM, I responded to the
residence located a t - - in the Village of Wappingers Falls after
receiving a telephone call from Trooper JAMES E. HUESTIS who advised me that he
had just struck a subject in the face, after having been spat on, by said subject.
Upon my arrival, I observed Troopers HUESTIS, ALEXANDRA A. BONILLA, ANDREW
J. HETTINGER, CATHERINE R DESARLE, SAMANTHA J. FENNELL, Offieer GEOFF
A. WEAVER, NICHOLAS M. CARMINE of the Village of Wappingers Falls Police
Department and Dutchess County Sheriff Deputy IAN M. CONNER attempting to
restrain a combative male subject who was seated on the ground and handcuffed
behind his back at the base of a set of stairs, leading to the porch of the residence. The
subject was identified as
and he was bleeding profusely from
the facial area. Due to Mr.
uncontrollable and aggressive behavior, Mr.
. was ultimately sedated by responding Mobile Life Support Ambulance
personnel GRACE M. AGUILAR and LINSKY LUNDY, p r i o ~ o r t to Mid-Hudson
Regional Hospital for treatment. I was not able to interview at the scene. I did
secure photographs of the scene and of Mr. person.
Trooper HUESTIS advised me that the State Police were dispatched to the scene to
assist the Village of Wappinger Falls Police with a report of an EDP with a knife.
Trooper HUESTIS advised me that Trooper HETTINGER, Officer CARMINE and
Deputy CONNER located Mr. within the residence in a confined space,
brandishing a small kitchen knife. Ultimately Mr. dropped the knife and after a
brief struggle, Mr.
was handcuffed behind the back. Trooper HUESTIS
advised that Mr.
was combative as he was being escorted out of the residence
by Trooper HETTINGER, Officers WEAVER and CARMINE and Deputy CONNER, by
means of kicking, flailing and v~reatening harm against them. Trooper
HUESTIS then stated that Mr. had to be safely escorted down a set of stairs

..e.~ 'l}

leadin from the porch of the residence to ground level, at which time he stood in front
of Mr.
grabbing at his legs as the others lifted. Trooper HUESTIS stated that
Mr.
then lunged forward while in close proximity to him, spitting saliva directly
• into his face which also entered his left eye. Trooper HUESTIS stated that he defensibly
reacted by striking Mr. in the face with his right fist. Trooper HUESTIS advised
that the strike caused i n j u ~ . started to bleed profusely. Trooper
HUESTIS stated that Mr. was then seated on the ground for EMS arrival, after
having been lifted down from the stairs. Troopers and other officers on scene were
unable to render first aid since Mr. continued with his combative behavior until
he was sedated by responding EMS personnel. Trooper HUESTIS reported to me that
he was experiencing minor pain and swelling to his right hand as a result of the strike to
Mr. face. I secured photographs of Trooper HUESTIS prior to transporting
him by Division vehicle to the Mid-Hudson Regional Hospital for a medical evaluation.

Mr. was treated for a broken nose and remained sedated at the hospital for
further treatment to include a mental evaluation. I secured photographs of Mr. at the hospital and no interview took place due to his sedated and uncooperative state.
I later learned that Father,
was on-scene at the time
of the incident, however he was not interviewed by me until June 9th, 2019.

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJ.LStation

SP Wappinger

Date._ _ _---=J:.:u:.:.;n:.:e;...;:3~,-=2=-=0:..::1~9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Trooper James E. H u e s t i s ~

Subject:

INJURY TO PRISONER WHILE IN CUSTODY

On May 26, 2019 at approximately 6:30 PM, Dutchess County 9 l 1 polled for additional
units to assist the Village of Wappinger Falls Police Department with an emotionally disturbed person in
possession of a knife at in the Village of Wappinger Falls. Upon my arrival,
Trooper ANDREW J. HETTrNGER, Trooper SAMANTHA J. FENNEL, Trooper CATHERrNE R.
DESARLE and Trooper ALEXANDRA A. BONILLA were on scene at the residence. I took an exterior
post outside the residence a t in the Village of Wappinger Falls because we.did
not know where the suspect identified as
was. I ·heard Trooper HETTINGER
giv~ands to put a knife down and then they heard
in custody. I was on the front porch
as . . . . was being escorted out of the residence. was being combative, attempting to kick
and headbutt the officers involved. I moved closer in an attempt to assist in securing- at which
time he spit at me striking me in the face while attempting to headbutt me. I feared his continued action
would cause injury to myself or other police officers on the scene. In an effort to gain control I struck him once with a closed fist to the face, which allowed the other police officers and I to further
s e c u r e - I reassessed and detennined no further force was necessary. Mobile Life Support
Ambulance then transported the to Mid- Hudson Regional Medical C~nter in Poughkeepsie,
New York. I was then transported by Sergeant LAWRENCE PUCCIO to Mid-Hudson Regional Medical
. Center for m~dical evaluation as I had minor pain and swelling to my right hand.

Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopK_Station

SP Wappinger

Date._ _ _----'-'M'"'"'a"""'y'-'2=9=,=20=-1.:.;:;.9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Trooper James E. Huestis

Subject:

INJURY TO PRISONER WHILE IN CUSTODY

On May 26, 2019 at approximately 6:30 PM, Dutchess County 91 l polled for additional
units to assist the Village of Wappinger Falls Police Department with an emotionally disturbed person in
possession of a knife at in the Village of Wappinger Falls Upon my arrival,
Trooper ANDREW J. HETTINGER, Trooper SAMANTHA J. FENNEL, Trooper CATHERINE R.
DESARLE and Trooper ALEXANDRA A. BONILLA were on scene at the residence. I took an exterior
post outside the residence at
. in the ViJlage of\Vappinger Falls because we did
not know where the suspectidentified as
was in the residence. I heard Trooper
HETTINGER was giving connnands to put a knife down so I entered the residencethrough the front door
to assist I took a backup position behind OfficerGEOFFREY WEAVER of the Village of Wappinger
Falls Police Department, on the outside of a rear bedroom door. Officer WEA VER and I could not gain
entrance into the room b e c a u s ~ was in a storage closet behind the door and if we opened the
door it would block the storage closet wherehe was located I heard Trooper HETTINGER in the rear of
the bedroom engaged w i ~ giving verbal commands to drop the knife Village of Wappinger
Falls Police Officer NICHOLAS CARMINE and Dutchess County SherifIDeputy IAN CONNOR where
in the rear bedroom assisting TrooperHETIINGER. Once I heard them removing t h ~ from the
storage closet, Officer WEAVER and I entered the room to assist in handcuffin~lked out
of the room so they could ge
onto his feet and get him to the ambulance. I was on the front
porch near the stairs, while
was being escorted out of the residence, he was being highly
combative by kicking and flailing his body andscreaming that he would kill the police. While I was
attempting to k e e ~ safe by gaining control of his legs, he then spit in my face and said, "Fuck
You." I then proceeded to gain control of thecombativesuspect with a closed hand ftststrike to the
face to gain compliance. A spit sock was placed over his head Mobile Life Ambulance then
transported the suspect to Mid- Hudson Re~ional Medical Center in Poughkeepsie, New York I was then
transported by Sergeant LA WREN CE PUCCIO to Mid-Hudson Regional Medical Center for evaluation.

MEMBER TARGET - NON-CUSTODIAL INTERROGATION

STATE OF NEW YORK
COUNTY OF DUTCHESS
TOWN OF WAPPINGER

OCTOBER 4, 2019

This Statement is taken from Trooper James E. Huestis at SP Wappinger on October 17, 2019, by
Captain Paul M. DeQuarto and Lieutenant Peter B. Healey, commencing at 10:57am
The letter "C' will denote questions asked by Captain Paul M. DeQuarto
The letter "Q" will denote questions asked by Lieutenant Peter B. Healey
The letter "A" will denote answers provided by Trooper James E. Huestis
The letter "L" will denote comments from Ms. Maria Morris
The letter "P" will denote comments from PBA representative Sergeant Michael Collier

Q.

The purpose of this interrogation is to inquire into your activities as a Member of the New
York State Police. Specifically, it has been alleged that on May 26, 2019, you struck one
- - with a closed fist in the nose causing an injury. Mr. was
handcuffed and in custody when you-allegedly struck him.
This interrogation is being conducted pursuant to the Article 16 of the PBA Collective
Bargaining Agreement and the Regulations of the New York State Police, including 8A3
and 8Al5.
You have the right to contact and consult with a union representative or attorney before
being interrogated, and to have a union representative or attorney of your choosing
present during the interrogation. Do you understand this?

A.

Yes.

Q.

You are not under arrest. 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 action 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

1

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 interrogation
can be used by a police or prosecutorial entity against you in support of a crimin,al
proceeding. Do you understand this?
A.

Yes

Q.

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

A.

Yes, by Maria D. Morris deputy gen ah counsel and Michael Collier, PBA Delegate.

Q.

It should be noted that ah, Sergeant Michael Collier is sitting in for the Troop K Delegate
Trooper Maurice Coley who was unavailable today. You were advised on October I, 2019 f
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 Peter B. Healey and as a supervising officer and repre~entative of the
Superintendent I am authorized to conduct this interrogation. This interrogation is being
recorded mechanically at SP Wappinger Zone Headquarters. 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 a full copy of the transcript, subsequent to your signature.
Do you understand this?

A.

Yes

Q.

Also, present in the room is Zone Sergeant Mark Conway, Zone 2 Zone Sergeant, do you
understand this?

A.

Yes

Q.

The record will note that you are present in response to a direct order. Trooper Huestis 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?

2

•
A.

Yes.

Q.

Please state your full name and rank.

A.

Trooper James E. Huestis

Q.

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

A.

April 21, 2008

Q.

What is the location of your current assignment?

A.

Patrol of SP Wappinger

Q. ·

On May 26d,, you patrolled to
that correct?

A.

Yes

Q.

What was the nature of that call for setvice?

A.

To assist the Village of Wappinger Police with the MHL.

Q.

Who was the subject of that call?

A.

Ibelieveitwas--

Q.

Please describe what you observed when you arrived at

A.

I saw a chaotic scene of Troopers trying to be put into a situation where somebody had a
knife at that time.

Q.

Were you the first State police member there?

A.

No.

Q.

Ok. What other Law Enforcement personnel, both State Police Members and other agency
personnel were there?

A.

Village of Wappingers Police where there.

Q.

Who?

in the Village of Wappingers Falls, NY. Is

3

A.

I don't remember their names.

Q.

Ok.

A.

I think one was Officer Weaver at the Village I don't know the other names.

Q.

Ok.

A.

The Dutchess County Sheriffs I believe were there.

Q.

Ok. Who? Do you know who?

A.

I don't know the names.

Q.

Ok.

A.

And the State Police

Q.

What Members?

A.

Trooper Desarle, Trooper Bonilla, Trooper Hettinger, and Trooper, there was one other
Trooper, her name will come to me in a second. Trooper Fennell

Q.

Did you speak with the other officers when you arrived?

A.

Yes.

Q.

Who did you speak with?

A.

Trooper Fennell, Trooper Bonilla and Trooper Desarle.

Q.

And what did you discuss?

A.

To secure the perimeter so that the individual, the suspect, didn't try to escape the house.

Q.

They were on scene when you arrived?

A.

Yes, we aITived on scene together.

Q.

Ok. Together or at the same or around ...

A.

Around the same time.

4

.

,,

Q.

Ok. And you all got together and discussed what to do? Is that what you're saying?

A.

Correct.

Q.

And that was to what?

A.

Secure the scene as best possible, secure the incident, the perimeter.

Q.

Did there come a ti~e when you entered the residence to look for Mr. -

A.

Yes.

Q.

What did you do when you went inside?

A.

I went in to make sure everyone was secure at the bedroom once they located him.

Q.

Where were you standing?

A.

I was standing in the hallway at thaftime, when I first entered, behinq Office Weaver

Q.

Who entered the residence to search for Mr. -

A.

To search for him? It was a Village Officer that l didn't know, a Dutchess County Sheriffs
and Trooper Hettinger.
·

Q.

Ok, so in relation to inside the house, where was Trooper Hettinger?

A.

By that time, he was in the back bedroom.

Q.

Ok.

L.

You talking about when he went into the house, when he went into

Q.

Yeah, yes

L.

When Trooper Huestis went into the house

Q.

Yes, this is your observation so,

A.

Right.

Q.

So, I'm goi~g to ask you where saw, where was Trooper Desarle?

5

"
A.

She was behind me to the left.

Q.

Ok.

A.

It was Trooper, it was the Officer Weaver.

Q.

Where was Trooper Bonilla?

A.

At the time, I was, where I was she was on the other side of the wall but I had to move her.

Q.

Other side of the wall in the residence?

A.

Yes.

Q.

Ok. Where was Trooper Fennell?

A.

Same spot.

Q.

Where was the Village of Wappinger, Detective Weaver?

A.

He was right in front of me.

Q.

Are you familiar with Detective Weaver from other ...

A.

Yes.

Q.

Ok, and where was the Village Officer Carmine?

A.

Was he the other Officer there? I don't know who that is.

Q.

Ok, yes he was.

A.

Ok, then he was in that room with Trooper Hettinger.

Q.

Ok, where was DCSO Deputy?

A.

I believe he was in the room too because there was three of them in there.

Q.

Ok.

A.

So, I believe he was in that room also.

Q.

Were you familiar with him, do you know him?

6

•

A.

No.

Q.

Ok. Once.Mr. the residence?

A.

Not escort, I helped to get him into custody in the back bedroom and then I left that scene to
the front porch, once he was handcuffed.

Q.

Ok. How did you help get him into custody?

A.

Once they pulled him out of where he was and we were able to open the door, Officer
Weaver and I went in there and were able to help them to get his arms behind his back.

Q.

Ok. So as Mr. -

A.

Inside the residence? No.

Q.

Ok. As he's being escorted out, out of the residence, did you help them?

A.

I was on the front porch, yes.

Q.

Ok. Describe Mr. -

A.

He was very combative, flailing, more so right when he was coming out of the residence.

Q.

Can you des, He was handcuffed correct?

A.

Yes .

was located did you assist the other Officers in escorting liim out of

is being escorted from the residence did you help them?

demeanor when he was being escorted from the residence?

. Q.

Behind his back. How can you describe the flailing then, can you describe that fo~ me? A
little bit.

A.

He was moving head front back and I believe it was his left leg was kicking out, because
there was one officer to his right arm and one officer behind him, there was nobody on the
left side so he was more combative on that side and that was what he was doing.

Q.

Ok. So, as he's being escorted from the residence how was he in custody how was he
secured?

A.

He had handcuffs on and there was one officer to the right of him and one officer behind
him.

7

..
Q.

Behind him, do you know who those officers were?

A

I believe it was officer Weaver and Trooper Hettinger, I'm not sure which was, I d~m't recall
which one was in which spot.

Q.

As he's being escorted from the residence where were you standing?

A.

When he first came out of the residence I was on, right outside the doorway on the top
decking. As he was getting out and they got had control over him I thought they were going
to fall down the two steps so I went to the bottom of the steps.

Q.

Ok. So, at this time when he's being escorted down the steps who else is on the porch?

A.

Officer Weaver and Trooper Hettinger is all I remember.

Q.

Ok, where was Trooper Desarle at this point?

A

I don't, I don't know:

Q.

And where was Trooper Fennell at this point?

A

I ha.,ve no idea.

Q.

And where was trooper Bonilla at this point?

A

I don't know.

Q.

Where was the Deputy at this point?

A.

I didn't see him.

Q.

Ok. Did there come a time when you assisted other Officers at the scene with escorting Mr.
- -off of the porch?

A

I don't think so, no.

L.

Can you rephrase that question.

P.

Rephrase that a little bit.

Q.

Did you, when they were taking him down from the porch,

A.

Yes.

8

"

Q.

Did you help them?

A.

I tried to. And then I went down the two steps.

Q.

You say you tried to help them bring him down, how did you do that?

A.

I saw his leg flailing out so I went to go help that side.

Q.

Do you remember which side that was.

A.

That would have been his left side.

Q.

So, what did you do?

A.

I went to go like this and they said they got him so I went down the two steps because I said
they would probably have more trouble on the stairs with him.

Q.

Did you grab his left side leg?

A.

No.

Q.

What was Mr. -

A.

Ah, combative still and appeared angry.

Q.

Can you describe combative?

A.

Flailing moving his arms and legs around and I believe he was using obscenities towdrd
police.

Q.

Did there come a time, once Mr. -

A.

Yes.

Q.

How did you strike him?

A.

With one right hand to the facial area.

Q.

Open hand or closed hand?

A.

Closed hand instinctively.

demeanor after he was escorted down from the porch?

was down from the porch, that you struck him?

9

•
Q.

Why did you strike Mr. -

A.

Instinctively, when I got spit in the face.

Q.

Did you strike Mr. -

A.

It was instructively, yes.

Q.

I have no more questions at this time, I'd like to take a break.

C.

Take a break on our end.

Q.

Alright, the time is 11 : I Sam, take a short break

Q.

Ok, the time is now 11 :21 am, and we're back on record.

C.

We' re now going to go over two memorandums that were, that are in our possession. I'd like
to draw your attentio11 to the first memorandum that's dated May 29, 2019 and it appears to
have been authored by you.

L.

I'm sorry whatwas the date Captain?

C.

Actually, I'm going to correct that we're going to refer, first I'm going to refer to
Memorandum dated June 3, 2019, it's to Major Rich Mazzone and it appears to have been
authored by you with some initials. The subject matter is called "INJURY TO PRISONER
WHILE IN CUSTODY". I'm going to ask you to take a look at this memorandum and see if
it'~ a fair and accurate depiction of the memorandum that you submitted, in relation to this
investigation. So, at this time I'm going to show you the memorandum. The content is what
I'm asking you to review, the highJights and all that is, ah is from me.

A.

Yes.

C.

Ms. Morris, would you like to see it?

L.

No, um just to clarify your question was is that the memo that he actually submitted?

C.

Correct.

L.

Ok and your answer is yes? Ok, thank you.

C.

Who did you submit that memorandum to?

A.

Sergeants at SP Wappinger.

slow, solely because he spit in your face.

10

Who specifically?

A.

I put it in the Sergeant's bin.

C.

I'm going to draw your attention to a .section of the memorandum that states-was
being combative, attempting to kick an9 head butt the officers involved. I moved clQser in,
in an attempt to assist in securing-at which time he spit at me striking me in the face .
while attempting to head butt me. I feared his continued actions would cause injury to
myself or the other police officers on the scene. In an effort to gain control over
struck him once with a closed fist to the face which allowed the other police officers and I to
further secure Do you recall adding that ~o your memorandum?

-I

L.

This is the same thing.

A.

I just want to make sure it is.

L.

We can take a time out.. .illegible

A.

Talce a time
. out.

Q.

Yup, the time now is 11 :24am.

Q.

The time is now 11 :26 and we are back on record.

C.

So, Trooper Huestis to get back to my previous question. Do you recall adding that portion
into your memorandum?

·A.

Yes.

. C.

~ u explain the discrepancy as to what you stated earlier about why you struck Mr.
and why in your memorandum it indicates a different reason as to why you struck
him.

A.

Vlhen Mr. was coming out of the house that's when he was very combative and his
head was moving in a different direction and he was flailing. It, I stepped up to the stop step
there that's when Trooper Hettinger and Officer Weaver gained compliance of him and I
moved down to the bottom of the step.

C.

Can you explain that at the time that you struck him and in your memorandum, you put, he
spit in me, he spit at me striking me in the face while attempting to head butt me.

A.

Right his .

11

L.

There's no question there.

A.

Ok.

C.

You testified, or you stated earlier, that the reason you struck him in the face was instinctive
because he spit in your face. In your memorandum, you put that he attempted to head butt'
you, is that accurate?

A.

Yes.

C.

He attempted to head butt you at the time that you struck him?

A.

His head came in a forward motion appearing to be heading butting me.

C.

Is thatthe reason why you struck him?

A.

No.

C.

So, can you explain why in your memorandum you wrote that?

A.

I said while he was attempting to head butt me, I felt he was attempting to head butt me.

C.

You also·wrote in the memorandum in an effort to gain control o ~ I struck him once
with a closed fist to his face. Is that accurate?

A.

Yes.

C.

So, the reason you struck him was an attempt to gain control of him?

A.

Instinctive, after he spit in my face and I struck him once.

C.

I just want to clarify Trooper Huestis, which one is it, did you .. .

A.

It was instinctive ...

C.

Let me, let me answer the question, ask the question please.
You struck him because it was instinctive to him spitting in your face? Or you struck him to
gain control of him?

A.

Instinctive-for him spitting in my face.

C.

Can you explain why you put that in your first memorandum, that you attempted to gain

12

control of him that's why you struck him.
A.

I don't recall.

C.

I'm going to draw your attention now to a Memo~andum dated May 29, 2019, also addressed
to Major Mazzone and it appears to have been authored by you Trooper James Huestis, and
its titled "injury to prisoner while in custody" I'm gonna show you this memorandum and tell
me if you recognize it.

A.

Yes.

C.

How do you recognize it?

A.

That was I believe my first draft of the incident.

C.

I'm going to draw your attention to a portion of the memorandum. that I'll read to the record
and then I'll ask you a question.
"So, I entered the residence through the front door to assist. I took a back-up position behind
officer Jeffrey Weaver ofthe Village of Wappinger Falls police department on the outside of
a rear bedroom door. Officer Weaver and I could not gain entrance into the room because
was in a storage closet behind the door and ifwe opened the door it would lock the
storage closet where he was located., Village of Wappinger Falls police officer Nicholas ·
Carmine and Dutchess County Sheriff Deputy Ian Connor were in the rear bedroom assisting
Trooper Hettinger. Once I heard them_re~oving ~e-from the storage closet. _Officer
Weaver and I entered the room to assist m handcuffing- Do you recall puttmg that
into the body of this particular memorandum.?

A.

Yes.

. C.

Can you explain, why t):iat section that !just read on record is not in your memorandum that
you submitted on June 3, 2019?

A.

Because that doesn' t have anything to do with the injury of the prisoner, noted in my subject
line in my memo.

C.

Do you feel that your strikes to Mr. -

A.

No.

C.

I have no further questions.

Q.

I have no further questions.

was justified?

13

A.

I have no questions.

Q.

A.

Is there anything further that you would like to add?
No.

Q.

Ok, this statement is now concluded. The time is 11:33am on October 17, 2019.

I have read this statement consisting of 14 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.

'3l~l--

Signed before me this (**Date**).

1r/~--1,t1014

14