Detectives' Endowment Association, Inc. — Scott Munro, President
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NYPD Trial Room Dismisses CCRB Charges

NYPD Trial Room Dismisses CCRB Charges

Similar to a recent victory for one of our Warrants Detectives, the Deputy Commissioner of Trials granted our motion to dismiss charges against one of our members on the grounds that they were barred by the 18-month statute of limitations under the NYS Civil Service Law. In this matter, charges of excessive force were brought against an ESU Detective for utilizing the bunker against a perpetrator while effecting entry into a warrant location. CCRB was woefully late in bringing charges, so they attempted to use the so-called crime exception to the statute of limitations (which says that there is no SOL where the charged misconduct would constitute a crime if proven in a criminal proceeding), and inexplicably charged our member with an attempted assault. The Trial Commissioner agreed with us and found that CCRB was acting in bad faith:

“This tribunal cannot and will not set a precedent that allows parties to circumvent the statute of limitations by making unsupported and entirely conclusory allegations of criminal elements to pursue an otherwise time-barred Patrol Guide violation charge . . . Accordingly, as CCRB has failed to allege any particularized facts tending to show that Respondent acted ‘with intent to cause injury’ and/or ‘engaged in conduct which tends to effect the commission of attempted assault, this tribunal recommends that Respondent’s Motion to Dismiss be granted and the sole specification be Dismissed.”

So, while CCRB continues to bring charges, we will continue aggressively to fight these charges, and thus far, the Department has been siding with our members in the vast majority of cases. Thanks go to DEA attorneys James Moschella, Marissa Gillespie, and Dan Gallagher.

 

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