'

KADET I JOSEPH P
TROOPER

TYPE : Personnel
CASE# 20110035
FINDING: Founded
-

Complainant:
FRANK KEYSER

-

Complaint of Personnel Investigation 2011003 5
Personnel

Type:

Sub Type

1/15/2011

Incident Date/Time
Report Due

8 :20 PM

2/24/2011 Level Inv.

Commissioned Officer Assigned

Troop:

T

1

No

Mode Rec.

Status:

c

In Person

F3657 • T/HAMPTONBURGH

CTV:

Report

f=

Location

IAB

5/17/2011

Synopsis:
Tpr. Josep~ Kadet, SP Hamptonburg, after being Involved in a 2-car Division Vehicle PIM, did use obscene
language toward the operator of the other vehicle.

Troop F to fnvestigate

Classification:

INTERNAL ADMINISTRATIVE MATTERS

-

!Subjects: ]
Employee ID

Rank

KADET

Last Name

Finding: F

DOE:

TROOPER

First Name JOSEPH

Ml

11/2/1998

P

F
Location HAMPTONBU~G-SAT
CCC 2: UNPRO
CCC 3:

Troo

CCC 1: ABVE.R

@!!fl!plainant~;]
Employee I D - Last Name KEYSER

Shield 2551

Rank

First Name FRANK

SP Employee ~

SexM

LIEUTENANT

Address

City

Home Phone

Work Phone

State

Ml J

DOE

TZS F20O

9/22/1986

Zip

Administrative Personnel:
Employee ID Lost

FENDT JR

Employee ID Last

RASQ

Employee ID Last

KEYSER

Employee ID Last

SMITH

Tuesday, May 24, 2011

JD
First

ID
First

ID
First

ID
First

TZS- F221

RECEIVING MEMBER
RONALD

M/

F

Date/Time: 1/20/2011

MEMBER AT TROOP NOTIFIED
EDWARD

MEMBER WHO NOTIFIED TROOP
FRANK

Ml

J

MEMBER AT DIV NOTJFIED

.MARK

Ml

TZS F011

Date/Time: 1/20/2011

!VII

J

5:00PM

TZS F20O

Date/Time: 1/20/2011

.

3:00PM

5:00PM

TlS H 132

Date/Time: 1/21/2011

10:00AM

Page 1 of 2

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ID

Employee/D Last

RASO

First
ID

Employee ID -

Last

FENDT JR

Employee.I D -

Last

SMITH

Tuesday, May 24, 2011

~~ G

First

MEMBER WHO NOTIFIED DIV
EDWARD

Date/Time: 1/21/2011

Ml

rzs

INVESTIGATOR

RONALD

ID

REVIEWER

First

MARK

TZS f011

Ml

F

F22 1

Date/Time: 1/29/2011
TZS H132

Ml

J

Date/Time: 5/9/2011

Page 2 of 2

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NEW YORK STATE POLICE
MEMORANDUM
Troop F St~ti.on Middletown
Date

May 2, 2011

To:

Deputy Superintendent Anthony G. ~

From:

Ma1or Edward Raso, Troop Cornman~~

Su.bject:

COMPLAINT AGAINST PERSONNEL - 201.0035 - LEVEL 1
TROOPER JOSEPH P. KAOET, SP HAMPTONBURG

.

Reference is made to the attached Level I report regarding the above subject.
On May 2, 2011, Trooper Kadet appeared before me and execq_ted 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. ·

~

JOSEPH A. D'Al\lICO
SUPERINTENDENT

MAJOR EDWARD RASO
TROOP COMMANDER

STATE OF NEW YORK
NEW YORK STATE POLICE
TROOP"~;HEADQUARTERS
55 CRYSTAL RUN ROAD
MIDDLETOWN, NY 1094.J
(845) 344-5300

May 2, 2011

Trooper Joseph P. Kadet
New York State Police
Hamptonburg, New York

LETTER OF CENSURE

Dear Trooper Kadet
On January 15; 2011 you were involved in a two-car Division vehicle PIAA and you
used obscene language toward the operator of the other vehicle. Your actions violated Regulation
8A8(2) by acting in a manner tending to bring discredit upon the Division.
On May 2, 2011 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 YORK STATE POLICE

MEMORANDUM
Troop F Station Hamptonburgh
Date
To:

Major Edward Raso, Troop Commander

From:

Trooper Joseph P. Kadet

Subject:

DISCIPLINARY ACTION

March 16, 2011

~

I hereby request to have the above-captioned investigation adjudicated by the
Troop Commander pursuant to Rule 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 the Troop Commander's adjudication, which may be a
determination of unfounded or, upon a finding of guilt, the imposition of
the following penalties:
1.

A letter of censure and/or

11.

An intra-troop transfer and/or

m.

A fine to be expressed in the loss of no more than five vacation
days to be worked by me with no additional compensation or
overtime.

INSP 8 1Rev 6/10)

1
1(29/11

Of

3

Type of C~mplaint
[8J Personnel Complaint

·□ Incident Review·

□

Prior to custod
BeJng taken into Custody
While in Custod

Injury to Person

Member Receiving Initial Complaint

PC# lfa

Name

Rank

TZS

Shield

SERGEANT

F221

·2000

RONALD F FENDT JR
Reported By:

Telephone·

D Email D Fax D Survey

Date Occurred
1/15/11

AMS Sent? (If Yes , must be attached as enciosure.)

County

. □Yes [gl No

D DNA

Dale Re orted

Time Re

1/20/11

3:00PM

CfTN (Literal)

., .
rted

CTV Code

OR.ANGE

DOE

SERGEANT

RONALD F. FENDT JR.

Employee ID #

3/30/87

· Address

How Injury was sustained:

~Jame of Hospital or EMS:

Treated by:

;If Prisoner - Arrested for:

Treatment refusal witnessed by:
i.

Troop

Shield

Race

F
- ~--.-~---.--~ 2000
----,-- ~M-- ---t

INSP 8 ~Rev 6110)

2

Of

3

1°129/11
1. On 01/15/11, I was assigned to investigate a 2 Car Division·Vohicle PIM that occurred o n ST-207 in the
T/Hamptonburgh, 0-ange County, NY. Trooper JOSEPH P. KADET, EOD 11(02/98 was involved in a 2 car head on
collision, refer to AMS# AMSQB68000061 dated 01 /15/11. submitted under se arate cover. ,Durin the course of the
. ation I interviewed a witness to the accident, ORIONA NIKAJ DOB

-

She stated that immediately after the collision occurred that Trooper KADET approached the female operator of the

2~ vehide and started to talk to her about the accident. She further stated that in the course of the conversation she heard
· Trooper KADET'state "You hit me head on, you fucking hit me head on." A Gen'I 4 supporting deposition was obtained and
a copy of which is attached as Enclosure #1 .

2. On 01/15/1 1, ·1 interviewed ARTAN NIKAJ, DOB
husband of
ORIONA NIKAJ. He stated that l:le dedines to give a statement, as he couldn't add anything more to what his wife said in
her statement.
·
·
3. On 01/15/11 ,. 1interviewed JUSTINE M. BANSPACH, DOB
She stated
th~t upon exiting her vehicle after the collision, she was approached by a T rooper w ho started to talk to her about the
./ . accident. She stated "the Trooper got out of his car and started to yell .at me, he said something to the effect of you're a ·
fucking idiot I can't believe you hit me." She stated she did not remember e><acUy what was said as she was upset-about
· the ac?ident. A Gen'I 4 supporting deposition was obtained and a copy of w hich is attached as Enclosure_#2. ·
4. On 01/29/1 < I interviewed Trooper KADET and advised him of his rights to representation. Trooper KADET stated that
when he· exited the troop car after the accident he approached the other.~river and while speaking with her h_e did use the
word ''fuck". He ·stated he did not recall the.sentence it was used ln, but that it slipped out while talking about .the accident.
He stated that he did not Jntend to be disrespectful towards the operator and that the.word was not directed at her in aderogatory fashion. He further stated that he never called her an idiot, or any other derogatory word, nor did he yell at her.
Trooper KADET submitted a Gen'I 7 memorandum, which is attached as Enclosure #3.
·

Investigation into this matter r~vealed that Trooper KADET did use inappropriate lan~uage while speaking towards the
operator of the vehicle that was involved in the head on collision. Trooper KADET did vtolate Division Regulation 8A8(2) :
A Member shall not.act in a manner tending to bring discredit upon the Division. I recommend that appropriate disciplinary
action be taken.

___

.,.

- CLOSED

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INSP 6 _(Rev 6/10) .

Page

3

Of

Date

1/29/11

3

O No O DNA

Memo(s) of: TROOPER JOSEPH P. KADET

[8J Yes

Statement(s) of: JUSTINE M. BANSPACH and OR!ONA NIKAJ

[g]Yes 0No □ DNA

□ Yes

AMS#

No

IZ! DNA ·

Other Terminal Messa e

No

18JDNA

Genl. 91 ·- Vehicle Pursuit Form

Yes 0No

[8J DNA

Video Tape or CD -# Enclosed

Genl. 89 - Use of Chemical Spray

Re ort .
. Audio

Ta

O'Yes
e or CD -# Enclosed

0

0

Enter Source

Transcri t enclosed

Genl. 34 - Photo Record

□ Yes

D

□ Yes

O No IZl DNA

Enter Source

0No l8J DNA

MV104 Police Accident Re ort

0

Yes . [] No

□ Yes

Gt:nl. 61 - Medical Recon.l:, Release for.

From: ..

The following dis ositlon was Im osed under Rule 3
Letter of Censure·

Copy of memorandum of dis osition to Member attached

0

rg('

□

'181 DNA

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PAGE 1 -OF ·1

SUP~ORTING DEPOSITION (CPL §100 .20)
- - - - - - - -- -

NEW YORK STATE POLICE

--- ··-. --- -· ., ...

THE PEOPLE OF THE STATE OF NEVIi YORK

--vs,
Defendant{s)

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INCIDENT LOCATION:

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COUNTYOF

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STA.TE-OF N~ YOf'K , LOCAL CRIMl_'Y_~L. ____ COURT

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LOCA T/ON OF DEPOSITION:

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.STATE OF NEW YORK -

COUNTY OF

ORANGE ----·- ·-····-- ----·--· ·- -- -·
OF

HAMPTONBURGH

TOWN

TOWN ·

ORANG E
OF

HAMPTONBURGH

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Stat~ The Fol lowing:

ON-JANUARY 15TH AT A P P ~ A PASSANGER IN MY CAR THAT MY HUS.BAND WAS DRI VING AND \l\1E
WERE HEADING HOME T O - - - - WE !!VERE SOUTH ON ST-416 AND WE WERE S.TOPPEDAT I HF.
. INTERSECTION OF ST-416 ,?,ND ST-207 AT THE STOP SfGI\J. I SA_W THE POUCE,CAR <:;OM/NG FROM THE L '.:'- . 2 )?·
EAST AND A RED CAR COMING FROM 207 \1\/ES T AND THEY Hf TEACH OTHER HEAD ON. THEY HIT EACH U, NU~
ANO 0/0NT MOVE MUCH FAOM WHERE THEY STOPPED. \1\/E WA'/TED ro SEE WHAT HAPPENED ANO I I OLU MY ·
HUSBAND I WANTED TO SEt: SEE !F THE= (3rRL- WAS OK. THE TROOPER WENT TO THE GIRL AND SAID "YOU HIT 11:IE
HEAD ON, YOU FUCKING HIT ME HEiJ.D ON" I WENT TO HER AND I SPOKE °TO HER AND SHE SAID "/'All SO SCARED .. t'M
N9T FROM THIS STAT~, . l'M FROM
f'l\ll DRIVWG-fv1Y BOYFRIENDS CAR. AM I AT FAUL T?''1 A$KEO · - ·
HER \IVH/CH WAY" SHE WAS GOING AND SHE TOLD ME SHE WAS GOING TO MAKE A LEFT TURN. ,,VE STAYED THERE
·uNTIL OTHERS ~RRIVED
.
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--.....----:

Notice
(Penal Law §210.45)

In a written instrument, any pers~r:i whq knowngly makes, a false state me
committed

~

- ·

rt which ~ll!;h person does '.lOt believe to be trUE! has

a crime under the la·ivs uf the state of New York punishable·as a Class A Misdemeanor.

·

Affirmed _under peralty of-perjury

this

15

th

day of

JANUARY,

· • Subscril-Jed and SWorn to before me

2011

!Time Ended

i·

! 01/1512011

this

day.of.

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· THE PEOPLE OF THE ST.ATE Of NEW YORK .

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DEFENDANT(S)

LOCATION OF DEPOSITION:

LOCATION OF INCIDENT:
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STATE OF NEW YORK

STATE OF NEW YORK

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. _ (Penal Law§' 210.45) ·
. '
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t.n a written instrument,' any person who knowingly makes -a Ja,lse state"1ent which such person does not 'believe -tp
be true has coml"('litted a crime unde.~the laws of the state of.New Y(?rk punish~ble as .a Clas·s A Misdemeanor. ·

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Affirmed ur;id~r penalty of perjury
this .

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* Subscribed and Sworn to before me

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•Page 2 - COPY _

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. (NAI\II: OF PERSON TA~ING DEPOSITION)

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Page 1 - QRIGINAL

1

Page 3 :- COPY . . Page 4 - COPY

Gerp

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- E IVC-L.OSL-\ ~~

\

NEW YORK STATE , POLICE/"

)MEMORANDUM
SP HAMPTONBURGH

Tr~p£_Station

\

,

,

'
To: ·

Date__._,---__J__a_.n__u=a=ry..-.....:;;;2~~. . . ."""2"""0;....;1~1.-

,·Major Edward Raso, Troop Commander

-

r

From:

, ·Trooper Joseph P. Kadet

Subject~·-

. PERSONNEL COMPLAINT·

I
f
,

\

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I ·was advised ,o f my ·rights to representation pqrsuant to ~rticl~ 16.2 of. tile
'" contract by Sergeant RONALJ) FENDT on January 29, 2011. I provide the following
,. . __ , written account.
.' r
•
,
,_
· On Jan.u ary is•h, 2011 lwas. working a scheduled 2-5 tour
assigned fo .
.
__ routine patrol out of SP,Hamptonburgh operating Divisi~n vehicle2F65. At appr_oximately
8:20 P.M. I was involved in a two car Division Vehicle head on PIAA on ST-207 in the
Town of Ha~pto~burgh. Immediately after the collis_ion I h~d a c_onversation with.the
operator of the other vehicle. During the course of the conversation I ~sed the word fuck. I
do not re~all the exact sentence it w~s used in, blit: it was not directed" toward the operator ·
but rather as a descrjption of the accident even_t. I never yelled at the operator,.nor did I
call her an idiot. At no time did Un.tend to 1speak in a·disparaging way toward the operator
of the_other vehicle; I know the use of inappropriate language_is not.acceptable ~nd I will
make every~effort in the_future to en~ure that this does not happen again.
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