MISSALE, STEVEN J TROOPER

TYPE: Personnel

CASE# 20050761
FINDING : Founded
Complainant :
KEVIN MOLINARI

Complaint ofPersonnel Investigation 20050761
Type:

Personnel

Sub Type

Incident Date/Time
Report Due

11/1/2005

Troop:
Mode Rec.

8:55 AM

12/1/2005 Level Inv.

Commissioned Officer Assigned

T

CTV:

1

C

Status: C

In Person

C3960 - T/MILFORD

No

Synopsis:
Trooper Steven J. Missale, SP Highland, on assignment to the Division K-9 Training Facility, Cooperstown,
New York. Trooper Missale stopped at the Mobil Mini Mart, Town of Milford, Otsego County, to refuel his
Division vehicle. Trooper Missale wedged the gas cap into the fuel pump handle and entered the store. Upon
exiting the store, he observed fuel overflowing out of the gas tank. Amount of fuel spilled is estimated at
between six and seven gallons. Refer to File 3, #2519, SP Oneonta, dated November 1, 2005.
Technical Sergeant David A. Rivera assigned to investigate.
Classification: INTERNAL ADMINISTRATIVE MATTERS

!Subjects,

Finding: F

I
Rank

MISSALE

Last Name

DOE:

TROOPER

First Name STEVEN

Troop F

Ml

11/15/1999

J

Location HIGHLAND

IComplainants:
Last Name MOLINARI
Shield 1005

Rank

City

Address
Home Phone

MOLINARI

First

ID
Last

FARAGO

First

ID
Last

MOLINARI

First

ID
Last

FOLEY

State

DOE

TZS C100

9/25/1978

Zip

Work Phone:

ID
Last

Ml G

First Name KEVIN
SP Employee ~

SexM

CAPTAIN

First

TZS C100

RECEIVING MEMBER
KEVIN

Ml

G

Date/Time: 11/1/2005

MEMBER AT TROOP NOTIFIED
STEPHEN

Ml

T

KEVIN

Ml

G

MEMBER AT DIV NOTIFIED
WILLIAM

Ml

J

TZS C012

Date/Time: 11/1/2005

MEMBER WHO NOTIFIED TROOP

10:00 AM

11:00 AM

TZS C100

Date/Time: 11/1/2005

11:00 AM

TZS H132
Date/Time: 11/1/2005

10:30 AM

ID
Last

MOLINARI

First
ID

Last

Last

RIVERA

FOLEY

Thursday,

KEVIN

Ml

G

INVESTIGATOR

First

DAVID

ID

REVIEWER

First

04,2006

MEMBER WHO NOTIFIED DIV

WILLIAM

TZS C100

Date/Time: 11/1/2005

10:30AM

TZS H261
Ml

A

Date/Time: 11/8/2005
TZS H132

Ml

J

Date/Time: 4/20/2006

Page2of2

NEW YORK STATE POLICE

MEMORANDUM
Troop F Station Middletown
Date

April 6, 2006

To:

Deputy Superintendent Joseph F. Loszynski

From:

Major John P. Melville, Troop C o m m ~ ~

Subject:

COMPLAINT AGAINST PERSONNEL 20050761 - LEVEL 1
TROOPER STEVEN J. MISSALE, SP HIGHLAND

Reference is made to the attached Level 1 Investigation Report regarding the above
subject.
I have reviewed this report and have determined it to be founded. Trooper Missale
violated Regulation 8A9(1) by exhibiting inappropriate conduct.
On April 6, 2006, 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 the matter is closed with no further action being taken. Attached is a copy of my
memorandum to Trooper Missale and his consent waiver.

Attach.

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

Major John P. Melville, Troop Commander

From:

Trooper Steven Missale

Subject:

DISCIPLINARY ACTION

5,/,>-

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 ofby 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 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
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.

NEW YORK STATE POLICE
MEMORANDUM

TROOP F STATION Middletown
DATE

April 6, 2006

TO:

Trooper Steven J. Missale, SP Highland

FROM:

Major John P. Melville, Troop Commander

SUBJECT:

COMPLAINT AGAINST PERSONNEL - 20050761 - LEVEL 1

The investigation into this matter has been completed. It has been determined that you
violated Regulation 8A9(1) by exhibiting inappropriate conduct.
On April 6, 2006, you appeared before me and executed your consent to have me
adjudicate this matter at Troop level.
The matter is closed with no further action being taken.

CC:

Division H Q /
Zone Commander
Personnel File

Type of Complaint:

D

[gJ Personnel

Injury to Person

Member Receiving lnitlal Complaint

PC# If a

Name

Rank

Kevin G. Molinari
Reported By:

D

Email

D

Fax

O

licable

20050761

Ca tain
Telephone

Date Occurred
11/1/05

D Survey

File 3 (If Yes, must be attached as enclosure.)
~Yes

Page
1
Of
3
Date
11/8/05
Prior to custod
Being taken into Costod
While In Custod

.Otse
Rank

o

DOE

Ste

I;,,;..,;~~

- . ~-~-

~M.

Name

8:55 am

County

No O DNA

Name

Time Occurred

DOB

Race

TZS

Shield

C100

1005

Date Re orted
11/1 /05

Time Re orted

9:30 am

C/T/V (Literal)

CTVCode

T/Mllford

c39·50

Div ID #

11/15/99
_°':~;.·~.::-·

5,o;;:

Sex

Nature of Injury:

How Injury was sustained:

Name of Hospital or EMS:

Treated by:

If Prisoner - Arrested for:

Treatment refusal witnessed by:

t . "f

;,w , _

Name #1

,_;A~

.~;, .

VH, ~ ..•,.-t·~ ;..-

·n' £_....~-~

:tC

_..

•

~ i . 'C"

._

f--'--';:,-'f,i-:-,--:-;-~r=.'7e.:a;B~:--;::;~:::f-:::-.-';..;:;'"71

Kristin A. Quackenbush
Address
Name#2

DOB

Address

r

'r~
Property Description:

.,...
~

<'Ii"~·•,.·.'''(
~~i;
·i·t·

~-~

·:,;,t'-"'§ec·:, A~".

,.i, , • .,

~.-:.,

•••~~p,t,;,i.~¢~
f ~ -.: '
t

t..~~ .~;~~:~ ,lt.,~l"'-~~i"'-i!•t-,; /:;. :.~~~~~.} -

..,i•' ,,'i:!'
-r.~- ~·

t'-t\{)

Property Value:

$

INSP 8

•,.

(f;l?Y 6/05)
Page

2

Date

11 /8/05

Of

3

On November 1, 2005, at approximately 8:55 a.m., Trooper Steven J. Missale, Troop "F", SP Highland, stopped at the
Mobil Mini Mart, Town of Milford, Otsego County, New York. Trooper Missale, who is on assignment to the Division's K-9
iraining Facility, Cooperstown, New York, was stopping to refuel his Division vehide, a 1998 Chevrolet Lumina, bearing
New York registration . After placing the fuel pump into the vehicle's gas tank, Trooper Missale wedged the gas
cap into the fuel pump handle and entered the store. When he exited the store, Trooper M issale observed gasoline
overflowing out of the gas tank. It was estimated that approximately six to seven gallons of fuel spilled. The New York
State Department of Environmental Conservation - Spill Response was notified and assigned spill #0509199. In addition,
Otsego County Director of Emergency Services, Lyle Jones, was also advised.
This investihgation has determined that by his conduct, Trooper Missale violated the following D ivision regulation:
Regulation 8A9; which states, A Member may be detennined to be incompetent and subject to disciplinary action in accord
with the Rules of the Division if in the performance of official duties the Member exhibits:
(1) lnap'titude.
Trooper Missale violated this regulation when he exhibited inappropriate conduct by wedging the gas cap of his Division
vehicle into the gas pump handle, thereby bypassing the automatic shutoff and causing the spillage of approximately six to
seven gallons of gasoline.
Recommend appropriate administrative action.

INSP 8

..

(fley 6105)

3

Of

3

11/8/05
# of Enclosures 3

20050761

(explain "No" Ins no

Memo(s) of: Troo er Missale

~Yes

D

No □ DNA

Statement s of: Kristin Quackenbush
File 3 teletype # (include symbolic)
C0NE2537

~Yes

D

No

Genl. 89 - Use of Chemical Spray
Re ort
Audio Ta e or CD -# Enclosed

Yes ONo

□ DNA

Other Terminal Message

ONo

~DNA

Genl. 91 - Vehicle Pursuit Form

Yes ONo

i:8JDNA

Video Tape or CD -# Enclosed

Enter Source

Transcri t enclosed

Genl. 34 - Photo Record

O Yes ONo

D

~DNA

~ No □ DNA

Enter Source
MV104 Police Accident Re ort

0

Yes

O No

□ Yes □

Genl. 81 - Medical Records Release for:

To: Troo Commander

~.

~

(Signature)

·• ~ .....,. .--.• ....

DNA

,,

the findings of the Investigation.

From:

[31concur with the findings of the Investigation.

Co

No_l81

1'

J;.

To: Division Head uarters

Probation

~ DNA

Date

From:

No Action Warranted

DNA

D

Letter of Censure

D

of memorandum of dis osltlon to Member attached

D

□

•

...,

·4·

Grol. 7

NEW YORK STATE POLICE
MEMORANDUM
Troop.E_Station
Date

To:

Troop Commander, iroop F, Middletown, NY

From:

Trooper Steven J. Missale

Subject:

DIVISION VEHICLE FUEL SPILL

SP Highland
November 01, 2005

f

I have been advised of my rights to repr~i~.rJtruion pursuant to article 16.2 of the contract
by Technical Sergeant DAVID RIVERA on November 1 , ~ d provide the following written account.
On November 1, 2005, while assigned to the NYSP Basic Canine Handler's School in
Cooperstown, NY, writer entered the parking lot of Taylor's Mini-Mart located on State Route 28 in the
Town of Milford to obtain fuel for unmarked Division vehicle bearing New York registrationWriter placed the nozzle in the gas tank of said vehicle and propped the handle in the open position for
continuous gas flow using the gas cap from said vehicle. Writer then proceeded to enter the store. After
approximately 1 minute, Writer overheard an unidentified male enter the store and advise the clerk, later
identified as KRISTIN A. QUACKENBUSH, that "gas was spilling into the parking lot from a car." Writer
exited the store, along with QUACKENBUSH, and ob.served gas flowing from the gas tank of Writer's
vehicle onto the ground near the pump. QUACKENBUSH then removed the gas cap and nozzle from said
vehicle, which stopped the fuel from c.ontinuing to spill out A total of approximately 6-7 gallons of fuel
spilled onto the ground. QUACKENBUSH then contacted CHRIS TAYLOR, the store owner, and advised
him of the incident. Writer then immediately notified Technical Sergeant DAVID RIVERA of said incident.

SUPPORTING DEPOSITION {CPL Sec.100.20) GENL-4 REV 0l/98E

..

New York State Police

STATE OF NEW 1/0RK

COUNTY OF

~

...

'7°&un,

COURT

of

THE PEOPLE OF THE STATE OF NEW YORK

7

1/

z

SUPPORTING DEPOSITION

(Defendant

STATE OF NEW YORK A.iCOUNTY OF
cn.:,(91>

1(;tvn

M i //trt:/

of

-

~~

't1--e
.A..

• :.:..'-

'1,j _

,,

'.-.c:...-

...>_

~

~.

_k.)~a~
A r~..,lc...utS,. Coe, '':3. c,.:}r er
c.c....c-

~~.u....M)

~

1,..>"'41

~~\~

s~~

e, .... d

'Y~

b.z\:

t,,..iha_

~+-

~

~=';),

~~

'\1--c.

~

sR-,\~

~

sA;..,re,..

-~

-

1'\e.<

~

'4

-

~;-\

{.,...,._,,.,~

C..~~•.!..

w:

~

~

'¾.c,..

this

;t

penalty of perjury
day of

2J ~

~

N/.fflJlf)I C , YR U J / b ' ~

-- OR --

'D£c

~

IONAT\JR£ OF D

\rii

~$

.\.

C~

~t-4

~

~

~
~

jt believe

C$-f"

e~

~ : 01:a. Li-tu

~

•~...-.i>

s.._~

/

c:.J"'

_.:t.._ "&._\\u) ,,

4c:.,\~cl

__s.,Jc.f.-~-

• Subscribed W1d Sworn to before me
this _ _ _ _ day of _ _ _ _ _ , YR

_,

oJr -¼2

(Penal Law Sec.210.45)
In a written instrument, any person who knowingly makes a false statement which such person does
committed a crime under the laws of the state of New York punishable as a Class A Misdemeanor.
/
Affinned

-

_,(,_o.,...1

c.c,e:

~.en_~~

u.\\ev

~
~ 4-c.>\J

~re_

~

<&re

~~
~

..._

:r _)~

~

:r

M ,~<.t..~

"T"¥lgr-

~

-

•s

t"f'-;s~er

..Me.-~

~·•.

t..., ~

YM

~

"'

1 -~

~~

~"'-<e..

'o~

~--

~

,I

~~ ~

'"" ~

C,:..,,-,L

~ -A£,

OeM1 -)

~~~
'\'\L

A ~

~ s."

~

£..

c;.4-

~\~

_c~,.,.'±

~
_:i.~
-r
\
.,,.
OP,._,

"

~

u~i""!s. c+

U L£.

c . ~c..e-

- "

~~

~

M ... ~

k,,., -

'c"l-\..ais,

Wcl!':\,{~--~

°'~

~o..:lo-

~--\

_c._ _ ~lt!"\_____CM_\.c,c-•~

~

4o

.L

~

-

~

an__ ~cte.

ss.

&~

~

to be true has

,

~

ENT)

)?=I

(WITNESS>...----- ------,-.,......,
TIMEENDEO

\?oc..('

(NAM()f PERSON TAK.ll'iCi DEPOSm ONJ

I

f

; lq

r" .

03993
02519 FILE 3 SP ONEONTA NY1380100
NOV 01--05
TO
SP ALBANY • SP ACADEMY - SP FLEET MANAGEMENT
.TITLE/UNUSUAL INCIDENT- HAZMAT SPILL.DATE/110105 .TIME/8:55 AM
.RTE/STATE ROUTE 28
.CTV-LITERAUTOWN OF MILFORD
.CNTY/OTSEGO
.OTHER-LOCATION/MOBIL MINI MART
.INVESTIGATED-BY/TECHNICAL SERGEANT DAVID A RIVERA
.AMOUNT-OF-DAMAGE/NONE
.PHOTOS/YES.TAKEN-BY/TECHNICAL SERGEANT RIVERA
.RELATIVE-NOTIFIED/NO .CLERGY-NOTIFIED/NO
.CRIMINAL ACTION/NONE
.DESCRIPTION/TROOPER STEVEN J. MISSALE, EQD 11/15/99, SP HIGHLAND, FUELING
DIVISION VEHICLE 1998 CHEVROLET LU MINA BEARING NEW YORK REGISTRATIONI I I I I AT
THE MOBIL MINI MART, STATE ROUTE 28, MILFORD, NEW YORK. TROOPER MISSALE WEDGED
THE GAS CAP INTO THE PUMP NOZZLE WHILE FUELING AND ENTERED THE STORE. UPON HIS
RETURN TO THE VEHICLE, FUEL IS OVERFLOWING OUT THE VEHICLE FUEL TANK. TROOPER
MISSALE ESTIMATES BElWEEN 6-7 GALLONS SPILLED. OTSEGO COUNTY EMERGENCY
MANAGEMENT COORDINATOR LYLE JONES ADVISED. NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION SPILL RESPONSE NOTIFIED - SPILL# 0509199 ASSIGNED .
.DN/DUTY OFFICER/ NOTIFY DUlY OFFICER AT NEXT CONTACT
STAFF INSPECTOR WILLIAM J. FOLEY ADVISED BY CAPTAIN MOLINARI
.AUTH/CAPTAIN KEVIN G. MOLINARI
ZONE ONE COMMANDER
RPT"C" 11/01/051 1-.31 HRSJWL

LEAHY 11-10 AM

Genl. 7,

NEW YORK STATE POLICE

MEMORANDUM
TroopJL_station

Headquarters

Date_____N__o___
ve__m
__b___e__
r1.....,.,.....
20___0___
5

To:

Captain Scott L. Brown - Special Services

'
From:

Major Louis G. Barbaria, Jr. - Troop Commander

Subject:

PERSONNEL COMPLAINT - DIVISION FILE #2005-0761
TROOPER STEVEN J. MISSALE-SP HIGHLAND

op "C"

This personnel complaint is forwarded for investigation by
Technical Sergeant David A. Rivera as per Staff Inspector William J. Foley.

Attachments
cc:

Major John P. Melville
Troop File

)enise Blaisure - Tracking-Troop.rtf

Page 1

Complaint ofPersonnel Investigation
20050761
Personnel

Type:

Sub Type

Incident Dateflime:
Reporl Due

11/1/2005

Troop:

8:55 AM Mode Rec.

12/1/2005 Level Inv.

crv:

T

C

Status:

P

In Person

C3960

.•

T/MILFORD

No

Synopsis:

Trooper Steven J. Missale, SP Highland, on assignment to the Division K-9 Training Facility, Cooperstown, New
York. Trooper Missale stopped at the Mobil Mini Mart, Town of Milford, otsego County, to refuel his Division
vehicle. Trooper Missale wedged the gas cap into the fuel pump handle and entered the store. Upon exiting the store,
he observed fuel overflowing out of the gas tank. Amount of fuel spilled is estimated at between six and seven gallons.
Refer to File 3, #2519, SP Oneonta, dated November 1, 2005.
Technical Sergeant David A, Rivera assigned to investigate.
INTERNAL ADMINISTRATIVE MATTERS

Classification:

Finding:

Subjects:
Rank

MISSALE

Last Name

Troo

DOE: 11/15/1999

TROOPER

STEVEN
HIGHLAND

Ml J

First

Locatio

F

Complainants:
Last Name

Shield 1005

Rank

Sex

CAPTAIN

Address

Home Plume

MOLINARI
C100

TZS

G

M

City

Fil'st Name

SP Employee

DOE 9/25/1978

State

Work Phone:

Administrative Personnel:

ID
Last

MOLINARI

Fif"st

ID

Last

FARAGO

First

ID

J_ast

MOLINARI

First

rzs

RECEIVING MEMBER

KEVIN

Ml

G

STEPHEN

Ml

T

Ml

G

rzs

co12

Date!Tfn1e: 11/1/2005 11 :OO AM

MEMBER WHO NOTIFIED TROOP
KEVIN

c100

Date/Time: 11/1/2005 10:00 AM

MEMBER AT TROOP NOTIFIED

rzs

KEVIN

C100

Date/Time: 11/1/2005 11 :00 AM

Ml

I

Denise Blaisure - Tracking-Troop.rtf
, .

Page 2 j

ID
Last

FOLEY

Tuesday, November 01, 2005

First

MEMBER AT DIV NOTIFIED
WILLIAM

Ml

J

rzs

H132

Date/Time: 11/1/2005 10:30 AM

Page 1 of2

Page 3 I

Denise Blaisure - Tracking-Troop.rtf
f

•

ID
Last

MOLINARI

First

ID
Last

RIVERA

First

MEMBER WHO NOTIFIED DIV
KEVIN

Ml

G

Date/Time: 11/1/2005 10:30 AM

TZS H261

INVESTIGATOR
DAVID

TZS C100

Mf

A

Date/Time: