TROOPER STEVEN J. MISSALE 2 DISCIPLINARY RECORDS
Download original document:

Document text

Document text
This text is machine-read, and may contain errors. Check the original document to verify accuracy.
APMANN, ELI:ZABETH M - TROOPER MI $SALE, STlE!VEN J TROOPER TYPE: Personnel CASE# 20090!559 FINDING: FoULnded Complainan t:1: I - Complaint ofPersonnel Investigation 20090559 Type: Sub Type Personnel Incident Date/Time Report Due 9/17/2009 Troop: 7:50 AM T 10/26/2009 Level Inv. 3 Comrr:1issioned Officer Assigned '(es Mode Rec. Status: C F E-mail F3663 - T/NEWBURGH CTV: IAB Report Location 1/21/2010 Synopsis: Complainant alleges that two NYSP Chevrolet Tahoe K9 units were speeding excessively and driving unsafely while being followed by a white / green Dodge Durango K9 unit from another agency on the New York State Thruway. An inquiry of K-9 training conducted on 9/17/09 at the Yonkers raceway as well as EZ Pass records revealed that Tpr. Elizabeth Apmann, Tpr. Steven Missale and a K-9 Officer from the NYS Park Police all proceeded through the Woodbury Toll barrier on 9/17/09 at 8:06 am while enroute to training. T roop F to investigate Classification: TRAFFIC VIOLATION/IMPROPER USE OF A VE ,Subjects: J Rank Last Name CCC 2: DOE: TROOPER Location HIGHLAND CCC 2: CCC 3: Last NameAddress ---- Ml First NameSP Employee □ SexM Rank Home Phone 11/15/1999 Ml J First Name STEVEN MISSALE Troop F Shield Ml M CCC 3: Rank CCC 1: UNSAF 10/28/1996 L ocation KINGSTON Troop F Last Name DOE: TROOPER First Name ELIZABETH APMANN CCC 1: UNSAF Finding: F City - - Work Phone State NY TZS DOE Zip - ----· ··- ·-----·-·-·· ----- J jAdministrative Personn=f_:= ID Last MA2ZONE JR First ID Last CORLETT First ID Last First SMITH Wednesday, April 28, 2010 = - RECEIVING MEMBER RICHARD M/ TZS H132 L Date/Time: 9/21/2009 MEMBER AT TROOP NOTIFIED KEITH M/ M MEMBER AT DIV NOTIFIED MARK Ml J 10:00AM TZS K013 Date/Time: 9/24/2009 11 :48 AM TZS H132 Date/Time: 9/21/2009 10:00AM Page 1 of2 ....u::.::::.t.:::.... Xi::.C:-u=...:.:.s:w.c: ID Last Last MICHAEL SMITH Wednesday, April 28, 2010 ~ " ~ " INVESTIGATOR First JAMES ID REVIEWER First MARK TZS F300 Ml C Date/Time: 10/23/2009 TZS H132 Ml J Date/Time: 11/30/2009 Page 2 of 2 -'><,.._...__,WM:.J NEW YORK STATE POLICE MEMORANDUM Troop F Station Middletown Date February 24, 2010 To: Deputy Superintendent Anthony G. Elli(✓} From: Major Edward Raso, Troop Commander~ Subject: COMPLAINT AGAINST PERSONNEL ~ 20090559 - LEVEL 3 ,NY TROOPER STEVEN J. MISSALE, SP HIGHLAND Reference is made to the previously submitted cover page report regarding the above subject. On February 24, 2010, Trooper Missale appeared before me and executed his consent to have me adjudicate this matter at Troop level. Pursuant to Rule 3 of the New York State Police Administrative Manual, I have determined that he receive a Letter of Censure for his actions. I have attached a copy of the Letter of Censure and consent waiver. This matter is closed. Attach. HARRY J. CORBITI SUPERINTENDENT . MAJOR EDWARD RASO TROOP COMMANµE.R STATE OF NEW YORK. NEW YORK STATE POLICE TROOP "F" HEADQUARTERS 55 CRYSTAL RUN ROAD MIDDLETOWN, NY 10941 (8~5) 344-5300 February 24, 2010 r- Trooper Steven J. Missale New York State Police Highland, New York LETTER OF CENSURE Dear Trooper Missale: On September 17, 2009 you were observed driving your Division vehicle at an excessive speed. Your actions violated Regulation 8A2, Article 5(g) which requh:es members to adhere to the speed limit. · On February 24,2010 you appeared before me, executed a waiver and requested that I adjudicate the discipline in this matter. Accordingly, it is my decision that you receive a letter" of censure for your actions. I trust that you will not allow this to happen again. · Edward Raso Major Troop .Commander ( ', NEW YO~ STATE POLICE MEMORANDUM . TROOP F... STATION Montgornery I DATE To: Major Edward Raso, Troop Commander From: Trooper Steven. J. Miss~le Subject: DISCIPLINARY ACTION FE'BP.u.AAY d, 'JOIO sf-' ·1 /· · J I· hereby consent to have the above-captioned investigation adjudicated by the Troop Commander under the provisions of Article. 3, Disciplinary Action bf the New York State Police Manual. 1• I waive the following:' ,_ r , . 1. The .right to have -this matter dispose.d of by the Superintendent or by a formal hearing. . . /--,,. 2. Any right to appeal from the Troop Commander's adjudication which may be a· determination, ·of unfounded or, upon a finding of guilty, the (imposition of: · 'I w. A Letter of Censure and/or An intra-troop transfer, with my consent and/or. ' ' ( no C. A fine to be expresse4 in the loss of more ,than five vacation days_to. be worked by the member with no additional compensation or overtime and/or , ' ' • • d. · A period of probation not exceeding 90 days which probation ·must be. Jor a definity period of time and must include conditions of · - probation which, if violated, could subject me, without the right of a further inquiry or a heking, to the imposition of any one or more of the penalties that can,.-be imposed by the Troop Commander, · arid/or an intra-troop transfer, withoµt my consent. · I -f l. I' / NEW YORK STATE POLICE MEMORANDUM Troop F Station Middletown Date February 9. 2010 To: Deputy Superintendent Anthony G. E!lisn From: Major Edward Raso, Trnop Commander ~ Subj ect: COMPLAINT AGAINST PERSONN EL - 20090559 - LEVEL 3 NY TROOPER ELIZABETH M. APMANN, SP KINGSTON Reference is made to the previously submitted cover page repo1t regarding the above subject. On February 9, 20 l 0, Trooper Apmann appeared before nH.' and executed her con sent to have me ;idjudicate this matter at Troop level. Pursuant to Rule 3 of the New York State Police Administrative M;inuaL I havl:' determined that she receive a Letter of Censure for her actions. I have attached a copy of the Lctkr of' Censure and consent waiver. This matter is closed. A11,1ch. -g: ...., ..,,, n, ~ c:, c.i c:o "' N 1J Cf.I .::N .... '."'11.-. ~ rnc-,1""1 :;:Jg"' CJ, i-- mo >n ,:; I HARRY J. CORBlTT SUPERINTENDENT' MAJOR EDWARD RASO. TROOP COMMANDER STATE OF NEW YORK NEW YORK STATE POLICE TROOP "F" HEADQUARTERS 55 CRYSTAL RUN ROAD MIDDLETOWN, NY 10941 (845) 344-5300 February 9, 2010 Trooper Elizabeth :rvi:. Apmann New York State Police Kingston, New York LETTER OF CENSURE Dear Trooper Apmann: On September 17, 2009 you were observed driving your Division vehicle at an excessive speed. Your actions violated Regulation 8A2, Article 5(g) which requires members to adhere to the speed limit. On February 9, 2010 you appeared before me, executed a waiver and requested that I adjudicate the discipline in this matter. · ' · Accordingly, it is my decision that you receive a letter of censure for your actions. I trust that you will not allow. this.to happen again. Edward Raso Major Troop Commander I , NEW YORK STATE POLICE MEMORANDUM TROOP F STATION Kingston DATE To: Major Edward Raso, Troop Commander From: Trooper Elizabeth M. Apmann Subject: DISCIPLINARY ACTION /10 OJ-jV'f I hereby consent to have the above-captioned investigation adjudicated by the Troop Commander under the provisions of Article 3, Disciplinary Action of the New York State Police Manual. I waive the following: 1. The right to have this matter disposed of by the Superintendent or by a formal hearing. 2. Any right to appeal from the Troop Commander's adjudication which may be a determination of unfounded or, upon a finding of guilty, the imposition of: a. A Letter of Censure and/or b. An intra-troop transfer, with my consent and/or c. A fine to be expressed in the loss of no more than five vacation days be worked by the member with no additional compensation or overtime and/or d. A period of probation not exceeding 90 days which probation must be for a definite period of time and must include conditions of probation which, if violated, could subject me, without the right of a further inquiry or a hearing, to the imposition of any one or more of the penalties that can be imposed by the Troop Commander, and/or an intra-troop transfer, without my consent. to NE\V YORK STATE POLICE MEMORANDUM TROOP F STATJON Middletown DATE TO: FR0'.\1: SU BJ ECT: November 13, 2001) Deputy Supcri111e11dem Anthony G. Ell i ~ 1ajor Ed"a,d Raso. Troop Commander~ COMPLAl;\;T AG \J'.'i T PERSO. NEL - 20090559 - LEVEL 3 TROOP£R ELIZABETH .YI. APl\·1 A:\ N, SP Kl~GSTO;\ TROOPER T EV£~ J. MISSALF., SP HI GHLAND ry Reference is rna~k to tht: auachcu report of Lieutenant James C. M.ichul'l ~111d covc:1 111emorandum of Captain PHtrick J, Rcgnu, regardi ng the above subject. I have reviewed 1he aUai.:he<l report c:111d agree that it is founded. Troopers Apmann :111d M1 ssale were observed driving 11lti,· Division vehicle at an excessive speed in viL>lt1 1ion ol' Regulution 8A2, Article 5(g). Recommenci appropri;1ti: ~dministrat ive action at Troop level. Forwarded for your rcvie,, . Alluc h tlt ~• YC.RK ST'JE r"'Ut:E HHE, NAL J\ffAIRS nu.. A;J H~hOuUAHTE.RS zonq DEC - 3 A IQ: I ,j .. Genl. 7 NEW YORK STATE POLICE MEMORANDUM Troop£_Station Date SP Kingston October 29, 2009 To: Major Edward Raso, Troop Commander, Troop F From: Captain Patrick J. Reg,/J.z.ne Commander, Zone 3 Subj ect: COMPLAINT AGAINST PERSONNEL - # 20090559 TPR ELIZABETH M. APMANN, EOD 10/28/86 - SP KINGSTON TPR STEVEN J. MISSALE, EOD 11/15/99 - SP IDGHLAND i Reference is made to Complaint Against Personnel•# 20090559, dated September 24 2009, and corresponding Genl. 30 Cover Page Report of Lieutenant JAMES C. MICHAEL, dated October 23, 2009. I have reviewed the report and find it properly submitted. I have discussed this report with Lieutenant MICHAEL and concur with his findings. On September 17, 2009, Mr. NY, alleged via email that earlier that day, he was southbound on the New York State Thruway near the Newburgh interchange, and observed t\vo marked State Police K-9 vehicles, and one non State Police marked police K-9 vehicle also traveling south, driving erratically at excessive speeds. This investigation reveals that Trooper STEVEN MISSALE, EOD 11/15/99, SP Highland, operating Division vehicle 3F80, Trooper ELIZABETH M. APMANN, EOD 10/28/86, SP Kingston, operating Division vehicle 3F82, and a New York State Park Police Officer were in fact driving south on the Thruway, and were observed by Mr. This investigation bas failed to substantiate the specific allegation of Mr. ~ r, both Troopers APMANN and MISSALE acknowledge traveling faster than the flow of traffic on the Thruway at that time, in contrast to Regulation 81\2, requiring members to comply with all rules, regulations, and instructions. Specifically, they did not comply with Article 5 policy(g), requiring members to adhere to speed limits or the flow of traffic when not engaged in emergency response or pursuit, or otherwise fully justified. Recommend this matter be closed as founded with the appropriate administrative action taken. GENL.30 (REV 2/00) NEW YORK STATE POLICE COVER PAGE TITLE OF CASE Trooper Steven J Missale, EOD 11/15/99, REPORTING TROOP MANAGING TROOP SP Highland F F Trooper Elizabeth M. Apmann, EOD 10/28/96, DATE OCCURRED TZS SP Kingston DATE OF REPORT 10/23/09 T511 CTVCODE F3663 09/17/09 INVESTIGATIVE PERIOD ,, 09/24/09- 10/zS/09 REPORT OF Lieutenant James C Michael -~r. CHARACTER OF CASE - (CC CODE) STATION COMPLAINT AGAINST PERSONNEL SP Kingston (PCT0100) TYPED BY jcm SH IELD 3960 CASE# 20090559 STATUS OF CASE ( ) CA ( ) C/EC ( ) C/INV ( ) C/UNF ( ) C/UNS ( X) C/FND ( ) OPN REFERENCE: Report of Personnel Investigation #20090559 dated 09/24/09. ENCLOSURES: TO DIVISION HEADQUARTERS AND TROOP F: 1. 2. 3. 4. 5. 6. 7. 8. Copy of Personnel ~ heet for complaint # 20090559 Printed copy of Mr. - - e-mail dated September 17, 2009 Copy of E-Z Pass records for 3F80 and 3F82 Copy of NYSP K-9 Unit Monthly Training Activity Report dated September 17, 2009 Memorandum from Trooper ELIZABETH M APMANN, dated October 6, 2009 Memorandum from Trooper STEVEN J MISSALE, dated, October 7, 2009 Copy of return receipt letter to Mr. dated October 9, 2009. Return Receipt from letter sent to Mr. dated October 10, 2009 FOR TROOP/DIVISION HEADQUARTERS USE ONLY DESTROY IN 20 - -ZONE---i.~L..._-L--+,,-;..../-J~~----+--- TROOP".._\JL_W~~....:........!~~~.&i~~~~~~- OHO PERMANENT RETENTION _ INITIALS _ _ _ _ __ RCN INITIALS _ __ __ _ __ _ _ __ GENL-31 (5/64) SYNOPSIS: On September 17, 2009 , N. Y. alleges that he entered the New York State Thruway at ex.it 17, the Newburgh interchange, and proceeded south. While merging into southbound traffic, he saw two marked State Police K-9 vehicles and 1 Sheriff's K-9 vehicle travelling at what he believed to be a hi rate of s d. This investigation has revealed On September 17, 2009 Trooper STEVEN J. :MISSALE, SP Highland, driving marked Division K-9 Tahoe 3F80, Trooper ELIZABETH M. APMANN, SP Kingston, driving marked Division K-9 Tahoe 3F82, and New York State Park Police Officer FERDAND MANNOCCHI driving a marked New York State Park Police Durango, travelled south on the New York State Thruway to attend K-9 training in Westcheste r County. Troopers MISSALE and APMANN refute Mr. allegations . Both Trooper MISSALE and APMANN stated that they were driving over the posted speed limit and at a speed greater than the traffic flow. Recommend this matter be classified as founded. DETAILS: AT INTERNAL AFFAIRS SOUTHERN REGION 1. On September 2 1, 2009 Lieutenant RICHARD MAZZONE received an e-mail from claiming that on September 17, 2009 there were two State Police K-9 Tahoes and a K-9 Dodge Durango driving erratically, and at a high rate of speed on the New York State Thruway. Lieutenant MAZZONE determined through E-Z Pass records, and a New York State Police K-9 Unit Monthly Training Activity Report, that the vehicles observed by Mr. were 3F80 assigned to Trooper STEVEN J MISSALE, 3F82 assigned to Trooper ELIZABETH M APMANN and a New York State Park Police K-9 vehicle assigned to Officer FERDAND MANNOCCHI. Personnel Complaint 20090559 initiated, Troop F, Major EDWARD RASO, and Zone 3 Commander, Captain PATRICK J REGAN advised. Lieutenant JAMES C MICHAEL, Zone 3 Headquarters, assigned to investigate by Captain REGAN. A copy of Personnel Complaint sheet 20090559 is attached as Enclosure# 1. Mr. e-mail is attached as Enclosure # 2. E-Z Pass records for 3F80 and 3F82 for that date are attached as Enclosure# 3. New York State Police K-9 Unit Monthly Training Activity Report fo r September 2009 is attached as Enclosure# 4. AT SP KINGSTON 2. On September 24, 2009 reviewed the e-mail from Mr. obtained by · Lieutenant MAZZONE. Mr. e-mail stated that he entered the Thruway at the Newburgh interchange and proceeded south. As he entered the southbound lanes of travel he noticed a State Police K-9 vehicle travelin at a high rate of speed ahead of him in the left lane. 3. On September 24, 2009 reviewed the New York State Police K-9 unit Monthly Training Activity Report obtained by Lieutenant MAZZONE (Enclosure# 4). The report documented that Troopers MISSALE, APMANN, and Officer MANNOCCHI all attended K-9 training at Yonkers Raceway and the Orange County Fairgrounds on September 17, 2009. 4. On September 24, 2009 reviewed the E-Z Pass records obtained by Lieutenant MAZZONE (Enclosure # 3). The records documented that on September 17, 2009 three vehicles with E-Z Pass tag numbers entered the Thruway. At 7:36am E-Z Pass tag# entered the Thruway at exit 18 and left the Thruway at 8:06am at exit 15. At 7:32am E-Z Pass Tag# entered the Thruway at exit 19 and left the Thruway at 8:06am at exit 15. E-Z Pass tag# entered the Thruway at exit 19 and at 8:06am exited the Thruway at exit 15. It was rmined that Trooper APMANN's vehicle, 3F82, is assigned E-Z Pass Tag# Trooper MISSALE's vehicle, 3F80, is assigned E-Z Pass tag # Officer FERDAND MANNOCCHI' s vehicle is assigned E-Z Pass tag# The E-Z Pass records confirmed that 3F80 and 3F82, and Officer MANNOCCHI's vehicle were southbound on the New York State Thruway at the time the K-9 vehicles were observed by Mr. - . 5. On September 25, 2009 I contacted EMERY DERGOSITS, Fleet Management, regarding the top speed of Marked Division K-9 Tahoes. He stated due to factory installed speed regulators, the top speed for both the Tahoes in question without the emergency lighting installed is 98MPH. With the Light Bar installed the speed would be lower. ~ b e r 25, 2009 telephoned . . . . . N.Y. regarding this incident. I left a message on his voice mail to contact me for an interview. 7. On September 29, 2009 I again telephoned Mr. to contact me regarding the incident he reported. and left a message for him 8. On September 30, 2009 I again telephoned Mr. He answered his phone and stated that he would meet with me on October 3, 2009 at 6pm at SP Montgomery to give a deposition. 9. On October 3, 2009 Mr. contacted SP Kingston and advised that he would be unable to meet for his interview. He stated he would be able to be interviewed in the evening hours during the week of October 5, 2009, but was unsure of which day would be best. I advised him I would contact him Tuesday October 6, 2009 to set a time and date. 10. On October 6, 2009 I telephoned Mr. and left a message on his voice mail for him to contact me to arrange the interview we discussed. 11. On October 6, 2009 I interviewed Trooper ELIZABETH M. APMANN, EOD 10/28/96, SP Kingston, regarding this incident. She stated that at approximately 7:30am on September 17, 2009 she was operating 3F82 and entered the New York State Thruway at the Kingston interchange. She was being followed by New York State Park Police Officer FERDAND MANNOCCHI in a marked Park Police Dodge Durango. Officer MANNOCCHI continued to follo.w her south on the Thruway, then at t he New Paltz interchange she began to follow Trooper STEVEN MISSALE in 3F80 to K-9 training in Yonkers, N. Y. She stated she followed Trooper MISSALE because he was familiar with the training location. Trooper APMANN estimated her speed to be approximately 80 mph and recalled passing vehicles that were travelling in the right Ian~. Trooper APMANN stated that while she was following Trooper MISSALE she did not recall any vehicles getting between them, . A memorandum from Trooper APMANN is attached as Enclosure # 5 12. On October 7, 2009 I contacted New York State Park Police K-9 Officer FERDAND MANNOCCHI, D O B - • Palisades Region, regarding this matter. He declined to discuss the incident or give a written statement. 13. On October 7, 2009 I interviewed Trooper STEVEN J.MISSALE, EOD 11/15/99, SP Highland regarding this incident. He stated that on September 17, 2009 at approximately 7:36am he entered the New York State Thruway at the New Paltz interchange. He stated he was operating 3F80 and was meeting Trooper APMANN and Officer MANNOCCHI to have them follow him to the K-9 training in Yonkers. Trooper MISSALE waited for Trooper APMANN at the u-turn in the median just north of the New Paltz interchange. Trooper MIS SALE stated that when he saw Trooper APMANN being followed by Officer MANNOCCHI, he pulled out in front of them because he was familiar with the training location. He stated he drove in the left lane and estimated his speed to be between 70 and 80 MPH for the entire trip. From the Newburgh interchange to the Harriman Toll Plaza he recalled approximately 15 to 20 vehicles ahead of him moved from the left lane to the right lane to allow him to ass. . A memorandum form Trooper MISSALE is attached as Enclosure # 6. 14. On October 9, 2009, after receiving no response from Mr. I mailed Mr. a return receipt letter to the address he listed on his e-mail requesting he contact me to be interviewed. A copy of the letter is attached as Enclosure# 7. 15. On October 17, 2009, received return receipt for the letter I sent Mr. The receipt indicated Mr. signed for the letter on October 10, 2009. As of this writing I have not heard back from him. The return receipt is attached as Enclosure #8. CONCLUSION: On S ~ e r 17th, 2009 Mr. N.Y. alleged that earlier that day he was entering the New York State Thruway (187) at the Newburgh (exit 17) interchange, and encountered two State Police marked K-9 vehicles and one non State Police marked K-9 police vehicle traveling together, driving erratically, also southbound. This investigation has revealed that on September 17th, 2009 at approximately 8:00am, Trooper STEVEN J. MISSALE, driving marked Division K-9 Tahoe 3F80; Trooper ELIZABETH M. APMANN, driving marked Division K-9 Tahoe 3F82; and New York State Park Police Officer FERDAND MANNOCCHI driving a marked Park Police Durango were traveling south on 1-87 in the area of exit 17. Both Trooper MISSALE and APMANN deny the s ecific allegations . Officer FERDAND MANNOCCHI refused to be interviewed regarding this matter. All three were en route to attend training in Westchester County. Both Troopers APMANN and MIS SALE acknowledge traveling in excess of the speed limit, beyond the speed of the normal flow of traffic. While the specific allegations ofcannot be substantiated, this matter is founded in as much as they violated to manual section Regulation 8A2 which states, it shall be the duty of all Members to study and comply with the Rules, Regulations and Instructions and to require like compliance of all other Members under their supervision and control. Specifically Article 5 Policy - Sub g Except when fully justified by the Vehicle and Traffic Law (VTL 1104) in matters of emergency response or pursuit, adhere to all speed limits. When not engaged in an emergency response or pursuit, drive your vehicle at a speed that is reasonable and consistent was the existing flow of traffic. Recommend this matter be closed as founded with appropriate administrative action taken. Complaint ofPersonnel Investigation 20090559 Type: Incident Report Due Troop: Sub Type Personnel 7:50 AM 9/17/2009 10/26/2009 Level Inv. Commissioned Officer T Status: P F Mode Rec. E-mail F3663 - T/NEWBURGH CTV: 3 Report Location No Synopsis: Complainant alleges that two NYSP Chevrolet Tahoe K9 units were speeding excessively and driving unsafely while being followed by a white / green Dodge Durango K9 unit from another agency on the New York State Thruway. An inq4iry of K-9 training conducted on 9/17/09 at the . Yonkers raceway as well as EZ Pass records revealed that Tpr. Elizabeth Apmann, Tpr. Steven Missale ancf a K-9 Officer from the NYS Park Police all proceeded through the Woodbury Toll barrier on 9/17/09 at 8:06 am while enroute to training. Classification: Subjects: Finding: TRAFFIC VIOLATION/IMPROPER USE OF Rank APMANN Troo F CCC 1: UNSAF CCC 2: Last Name First ELIZABETH Locatio KINGSTON DOE Ml M 10/28/1996 DOE Ml J 11/15/1999 CCC 3: Rank MISSA~E Troo F CCC 1: · UNSAF CCC 2: Last Name TROOPER TROOPER First STEVEN Locatio HIGHLAND CCC 3: Complainants: Last Name- First Name Sex M Shield Rank Address Home Phone 111111111111111 SP Gity . Work Phone Ml TZS DOE State NY Zip - ·Administrative Personnel: ID Last MAZZONE JR First ID Last CORLETT First ID Last SMITH First Thursday, September 24, 2009 TZS H132 RECEIVING MEMBER RICHARD Ml L Date/Time 9/21 /2009 MEMBER AT TROOP NOTIFIED KEITH M/ M MEMBER AT DIV NOTIFIED MARK . · Ml J 10:00 TZS K013 Date/Time 9/24/2009 11:48 TZS H132 Date/Time 9/21/2009 10:00 Page 1 of1 11edco.com> 9/17/2009 9:39AM >» · >»'- - . To wJiom it may concern I would like to br.ing to your attention a proplem I noticed this morning on . wa to work travailing on the NY State Thruway at ,v()750 - 0830. J The vehldes were two State·Police K-9 01evy suvs and one Sheriff K-9 Dodge Durango. None of these vehides had their emergency lights on. · I made the mistake of merging into the left lane as I was coming onto the Thruway at the Newf?urgh exit going south• .I merged onto the Thruway, saw the lead vehide pass me at a high rate of speed, and then I merged into the far left lane to pass slower traffic, not realizing there w~re two other i police vehides coming up quickly behind the first. My merge was ~fe· and dear at the time. so This enraged me much that I tried to pace these vehides for a few miles but could not keep up - not even dose. I would like to .have a reply to this complaint and understand the preventive measures you plan to take to prevent this from pccurring again. This is unacceptable behavior and an abuse of authority: · '\ • I r 3FSO 3FS1. Exit DateTime Post Date - Ent Plaza Ent Lane Ent DateTlme Ex.it Plaza ·Exit Lane 09/17/2009. 12:25 09/19/2009 ' HA 08W +--0_9_/1_7_ 12_0_0_9 _8;_:0;_6-+-0;_9;_/;_ 18_/2;:;..;0;..;.0;_9,.___;_ 18.;;...__-+-_.;;.0.;.. 3E ~ , --+--·0_9_/1_7;_ / 2.;..;.0;_ 0 9.;.:. ·_7:_3_6-+-_ _ 15_ _+--'_1_2_W_---f -"' 1ss A\., ..,.___ 0_9/_17_./2_0_0_ 9 _8:_06_._0_9/_1_ 8/_20_0_9.....__ _ 19_ __._ _0_2_ E'_ _._____.Q_9/_1_7/_20_0_9_7_:3_2_.._ _ 1_5_ __.__1_2_W_ __. {\fll"' AN r-J ' _, , .I fvYS • I ,R1e ..Er:lff ·1/fe~r. Fa-vories . --·-.. ··-· --- Help· fools ····----- •4--✓-- ✓- .. - .. . . - . . .. •- - . . ..... - - ·- -• - - - .. - · ----···-· - · · ·- · - · • - ---· . t}:~:~.... 1~·- .ht~p://172.~:2._~:;c~kehte,_emi/st_art.~we~~Cmd=lo~&SWEPL=l&S~::J. ~,.:· ......· r,~;'.:·)··· p.., ~ NY Prod Vector Call Certer-4 ~:~ if_~--t~ Acl:;o1xf.:. (Y') (Y') .. 1 EiL ~ ,:'_ ··.,. .iil•hitl11¾i{J.i iu1•1:t@)d. I i LC) c-c:r, c-;- /1:cx:o~s H0tne. co . . ,. A~ ;<llll~S Account Se-er,;h List . '•:·: ... . . ~-- . . Account Into Fn enclals Servi~e Req~ 54.S-1 '. < ,.,,__ Vfcd Pr~n1; $0.00 > NY - NY >-~ w c:( u ·NY <:( 0... 0... ~ NY .. = . = = C"-l ........_ C'-l ·- -·--- ··- 091'1 712009 08:_06:Q.7. . 1 g ' 09/17f2009 12:58:56 -: . r.xl Reminder hbg: · 17 · ..05E . · 2L ETOL NYCOM.L S◄ 5.4i $0.75 1.8 ·07s ·2L VTOL · NYC~L _$45.41 $0.75 . 15 .·.~ -·, 12'!{ 2L $2 ._61 ElOL l'(YCOML $43.51 $2.75 12S $4 .75 ETOL NYCOML .34·1 .37 $5.00 TZ_:.. . . 2L YK ~ -__J)jS ·· :'4- , ----- . $1.19 . ETOL NYCOtil. $44~3 · · 09N 21. · $1:19 .ETOL .. . ' i'WCOM.. $44 .93 ~ :·· . o.~~ $L19 ETOL NYOOt'II.. . $44 .9-~ 21. · ~- _J> - - - . . . - ·. ·01s a . :' $0 .14 NYCOMt. . - . . -- Gl ... ~ Sturti ; ~ - ~ ~ @1 ffiJ. -~ I' { . $~ .25 $1 .25 · ... "" A A. VI"" 1->'0 00;3 l:. ...J ~ ETOL ' . . <...__ . . ___.__ ~ - - ~ -- - - - - - - - - - - - - - - - - - ---,- - - - - - - - - - - ' .r,one ... !\) 'r'K ' • .· . ......_ .· 09/17/20091 3:21:S-4 . 16W 18 NY ........_ c.n . 09t:1 tfl009 11 :25:51 C'-.J 0- . 0911-7fl009 08:40:43 NY ~ p.., 09N6/1009 16':27:49 0911712009 '08:34:26· .NY ti) ~ er, His1N.Y Tx$tntus. 'P lan , '0911612009·22:38:29 .N'( . C :=> Yiol~ion ' A~cy Oevice.Place 'I# ·nm Oatelime " r.x::i . · Rett& Tag S~fATch '\ · · 1 Toft .l EPS TX L$1 D~ecn:ou Receivables >< C'-l .. ··;-.....:· . iGhiMMiliHNr#MMIM•aNMidit¾i,RteM1MSMI C) 2; (Y") ·. ·. ·. . . ,... · ,_.~ -~-J- : . ~.$ ®It i 1·u'dM4Jll@f§Jfo,Jiiti4&taa4J{,irff:Jt1i•Msl; WSY.l'lllii t;G ttml:-: ~:·:: · Olallenge QA: Last~ ~lets: of ~tume /w rrber? _ t..n _·:._:·.·.> . -~~--~ : '• . • • $45..98 ich~,r_d Ma~zone-_:JS,9 Traini1"!9Jd.a 091709.doc Monthly Training Activity Date Location- Yonkers Race~ay Orange County Fairground 09/17/09 Member In Charge: Tor. Daniel D. Tompkins . Members in Attendance ' . . :i ... .Non7Attendil'!g Merilbers l{Reaspt:lfe>r.~on-attendance) , . Tpr Steve Missale PO Chris Frankilin PO Aaron Hess - Court Tpr Fred Martins PO Robert Reilly Tpr Brian Will Tpr Matt Johnstone Tpr Elizabeth Apmann PO Chris Rosa - UNK Tpr Ray Hasa'n Tpr Daniel Tompkins Tpr James Leeder PO Fred Mannocchi . Tpr Steven Hahl Tpr Harold Edwards Tpr Brian Tormey Tpr David Turner TprNeil Dow Troop K PO Pete Aiston -SL \ ' PO Joseph Knarich Tpr Timothy Dickman . I .Type of Training Conducted: (Check appropriate boxes/ specify location & information regarding each) Aggression X. Bite work w/suit Building Search Cadaver Search Detection X Explosive and Narcotic Tracking• X _Hard Surface ** TO BE COMPLETED AND SUBMITTED BY THE MEMBER IN CHARGE OF TRAINING DAY** . I Gen(7 NEW .YORK STATE POLICE MEMORANDUM · SP Kingston .Troop..E_Station r • I Major Edward ~aso, Troop Comma°'der, Troop F ' . ' \ . (JV From: Tr.;,pCr E~abeth M. Ap,;,ann Subject: PERSONNEL COMPLAINT - 20090559 r . •' ' . I was·advised of ~y rights to representation pursuant to Article 16.2 of the contract'by'Lieutenant JAMES C~ MICHAEL on October 6, 2009. I provide the following writttn account. On September 17, 2009 I was attending Canine. training in Yonkers, New York operating marked patrol vehicle 3F82. ·1entered 1-87 headed south at approximately 7:30am from' exlt 19, Kingston. I wa.s followed by Officer FRED ~OCCID of the New York State Police•Park Police. I traveled south to exit 18 at which point I followed ·Trooper STEVEN J. MISSALE to Yo~kers. While tra~eling south we drove ·10 the pass.Ing lane a.nd did pass -vehicles in the driving lane. I would estimate my average speed to be approximately 80 mph. While traveling south /lt no ·rune did any vehi~les get between 3F8.2 anci 'th~ vehicle in .front or behind me. . l ) I ,. I I \. Genl. 7 NEW YORK STATE POLICE MEMORANDUM Troop..f._Station SP Highland ' October 7. 2009 Date To: Major Edward Raso, Troop Commander, Troop F From: Trooper Steven J. Missale Subject: PERSONNEL COMPLAINT - 20090559 SfP. @ I was advised of my rights to representation pursuant to Article 16.2 of the contract by Lieutenant JAMES C. MICHAEL on September 29, 2009. I :provide the following written account. On September 17, 2009, Writer was attending Canine Training in Yonkers, New York. Writer entered 1-87 at 7:36am operating marked State Police unit 3F80 and pulled into the U-Turn approximately¼ mile north of exit 18. Writer waited at that location until Trooper ELIZABETH APMANN and Officer FRED MANNOCCID of the New York State Park Police approached, at which time Writer pulled out in the left lane heading southbound and took the lead position. Writer remained in the lead position the entire time due to the fact that Writer was familiar with the Yonkers area. While passing the Newburgh interchange on 1-87, Writer, Trooper APMANN and Officer MANNOCCHI were traveling at a speed between 70 - 80mph in the left lane and continued to do so the entire time while on 1-87. While approaching vehicles traveling southbound in the left lane, Writer left at least 3 car lengths between Writer's vehicle and said vehicles. While traveling in the left lane, approximately 15-20 vehicles merged into the right lane as Writer approached. HARRY J . CORBITT SUPERINTENDENT NEW YORK STATE POLICE TROOP "F' HEADQUARTERS 55 CRYSTAL RUN ROAD MIDDLETOWN, NEW YORK 10941 (845) 344-5300 MAJOR EDWARD RASO TROOP COMMANDER October 9, 2009 DearMr. I have called you repeatedly regarding your complaint involving two New York State Troopers driving erratically on the New York State Thruway on September 17, 2009. You cancelled our appointment for an interview, and have yet to contact me regarding rescheduling. You need to contact me if you would like to be interviewed regarding this matter. If you do not contact me, I will proceed with my investigation based on the email you sent to Internal Affairs. I look forward to hearing from you regarding this matter. Assistant Zone Commander, Zone 3 Kingston, New York . .l • Sender. Please print your name, address, and ZIP+ LT. f!r-1 M •CHlta - JJ '( sp /711 ~ourt :io9 J< //J/,f:l~N 1 /J'i / 2'/-D I