Involved Member(s):

Trooper Robert Costa
Trooper Freddy Lopez
Trooper John P Dirusso
Trooper Michael A Bayer

Case Type: Personnel Complaint
Case Number: DCN2019-0054
Finding: Founded

Complainant: Captain Paul M Dequarto

PROFESSIONAL STANDARDS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 2019-0054

CTV: Kl462
REGION: South
LEVEL:3
TYP~: Personnel Complaint
Subiectfsl: Tnrs Michael A Baver, John DiRusso, Robert Costa and Freddv Lonez
lnvesti~ated bv: Sot/SC Brian Williams
Treon or Detail K
Staff Insnector: Robert C. Greoon,
Date: 07/11/2019
SUBJECT HISTORY REVIEWED? ~
VIDEO? 0
AUDIO? □
ON PROBATION? □
ALLEGATION: Failure to ro erl search Troo car before/after Shift
SYNOPSIS: On 02/06/19, a clear plastic bag of cocaine was discovered under the rear seat of2K56 by AMI at Troop K HQ.
This investigation revealed that Tprs Michael A Bayer, Robert Costa and Freddy Lopez, failed to adequately seanh 2K56 before and after
their shift, in violation of Article 8A2, 5CI (a) I and Troop Order 18-02. This investigation also showed that on 02/03/19, Tpr Bayer and Tpr.
John P. DiRusso failed to properly scat a Member in the rear scat of the Troop car with the prisOncr while being transported in the back scat of
2K56. in violation of Article 31 E6(c)2 (both Members were in the front scat. with the prisoner alone in the rear scat. ofa marked Division
vehicle. which was not equipped with a cage).

Major Richard Mazzone, Troop K Commander, recommended that this matter be closed as Founded. Staff Inspector Robert C.
Gregory concurs with the findings of Major Mazzone.
A Review of the PSB histories of the involved Members reveals Tpr Michael A. Bayer has a prior Famded PC for improper
transport of a prisoner:
DCN2017-0163: summary describes " ... transporting the defendant in the rear seat ofa noncaged vehicle ... " (apparent single
'
Member transport).

Finding of Investigation: ~ Founded

D

Unfounded

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

Date:

D Unsubstantiated D
.D Division Level

Closed by Investigation

Disposition:

Date Forwarded to Assistant Deputy Superintendent - Professional Standards Bureau 07/11/2019- RCG.
Assistant Den,;.: Sunerintendent '- Professiona!Staildards•Bureau
Date: 7/21/19
Comments: Bag found in area immediately inside the void between the lower and upper portion of the rear seat. Should
have been readily discovered during routine searches described by members even without fully removing the bottoin
portion of the seat,

.

Finding of lnvesti1,1ation: ~ Founded

D

Unfounded

Recommended Level of Adjudication: ~ Troop Level

D Unsubstantiated D
D Division Level

Date Forwarded to Denutv Sunerintendent - Professional Standards Bureau
Deriiitii sii neHntendent :.:: Proressfonii,. Staiiaa:,M,Bureau,'!c"1•,, ··••• · 'Date:7/23/19." ..
Comments: Concur

Closed by Investigation
MSR
..

....

...

D

Division Level Recommended
~ Troop Level Recommended
Date Forwarded to First Denutv Sunerintendent:
>:'>· --- -·+;_o;:.20: -1 1>atet0r:~:7
Fir'stDenu.h> Siiilerintendent.
Direction:

q{/1/3

·i/2< /11

Notified by Whom:

. ..

PJR

..

. ,

·+.

'

~oop Level-Return to Chief Inspector
D Division Level -- Forward to Division Counsel
Date Forwarded to Counsel or the Chief Insnector:
D Troop Level
Rank/Name of Member Notified
Date Notified:

..

••

-_· .:c'.i; .

.
r "· -

Genl 7

NEW YORK STATE POLICE

MEMORANDUM
Troop~Station

DMe

Headquarters

August21,2019

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

Major Richard L. Mazzone, Troop Commander, Troop K

Subject:

COMPLA INT AGAINST PERSONNEL -#20190054

/iJJl/

TROOPER ROBERT COSTA
Reference is made to the previously submitted report regarding the above subject.
On August 21, 2019, Trooper ROBERT COSTA 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. l have attached a copy of the Letter of Censure
and consent waiver. Addi tionally, Trooper COSTA was assessed the loss of one vacation day to
be worked by him without additional compensation and/or overtime.
This matter is closed.

41

State
Police

KEITH M. CORLETT

RICHARD L. MAZZONE

Superintendent

Troop K Commander
LETTER OF CENSURE
August 15, 2019

Trooper Robert Costa
New York State Police
Troop "K"
East Fishkill, New York
Dear Trooper Costa:
On August 15, 2019, you appeared before me at Troop "K" Headquarters for the
purpose of adjudicating a disciplinary matter arising from your failure to properly search your
vehicle prior lo the start of your shift. This occurred on February 1'1, 2nd , 3'd, and 61h, and you
subsequently requested via memorandum to have the matter adjudicated informally by me
pursuant to Rule 3 of the Administrative Manual.
During the informal inquiry, we discussed the importance of always properly and
thoroughly searching your Troop car, for contraband, both at the start and end of your shift.
Specifically, we discussed how a bag of heroin and cocaine were located under the rear seat of
your vehicle on the afternoon of February 6, 2019. Although the contraband was located, ii
does not mitigate the fact that you did not locate ii at the start of your previous $hift. I realize
this is not reflective of your work ethic or attention to detail. I am confident something like this
will not happen again and you will continue doing the good work you have done in the past.
I close this matter through the issuance of this Letter of Censure. Additionally, I
assess you the loss of one vacation day to be worked by you without additional
compensation and/or overtime. I trust this has been a learning experience.
Sincerely,

~L.Y4Richard L. Mazzone
Major - Troop Commander

New York State Police - Troop K, 2541 Route 44, Sall Point, NY 12578 [ www.troopers.ny.gov

••
NEW YORK STATE POLICE

MEMORANDUM
TroopJLStation_ _ _~E=a=s~t~F=is=h=k=ill
Date._ _ _ _ _~A~u.,.g=u=st~2~1~·~2=0~1~9

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper Robert Costa, SP East Fishkill

Subject:

DISCIPLINARY ACTION-COMPLAINT AGAINST PERSONNEL20190054

a_c.,

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:
l.

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:

i.

A letter of censure and/or

ii.

An intro-troop transfer a.nd/or

iii.

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

NEW YORK STATE POLICE

MEMORANDUM .
Troop...K._Station
Date

Headquarters
August 26, 2019

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

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

Subject:

COMPLAINT AGAINST PERSONNEL -#20190054
TROOPER MICHAEL A. BA YER

/J,.tfin.

Reference is made to the previously submitted report regarding the above subject.
On August 26, 2019, Trooper MICHAEL A. BA YER 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. I have attached a copy of the Letter of Censure
and consent waiver. Additionally, Trooper BA YER was assessed the loss of one vacation day to
be worked by him without additional compensation and/or overtime.
This matter is closed.

•

4~

State
Police

KEITH M. CORLETT

RICHARD L. MAZZONE

Superintendent

Troop K Commander
LETTER OF CENSURE
August26,2019

Trooper Michael A. Bayer
New York State Police
Troop "K"
East Fishkill, New York
Dear Trooper Bayer:
On August 26, 2019, you appeared before me at Troop "K" Headquarters for the
purpose of adjudicating .a disciplinary matter arising from your failure to properly search your
vehicle prior to the start of your shift and properiy secure a prisoner for transport. This occurred
in early February 2019, and you subsequently requested via memorandum to have the matter
adjudicated informally by me pursuant to Rule 3 of the Administrative Manual.
During the informal inquiry, we discussed the importance of always properly and
thoroughly searching your Troop car, for contraband, both at the start and end of your shift.
Specifically, we discussed how a bag of heroin and cocaine were located under the rear seat of
your vehicle on the afternoon of February 6, 2019. Although the contraband was located, it
does not mitigate the fact that you did not locate it at the start of your previous shift.
Additionally, we discussed the importance of properly transporting and monitoring prisoners,
and how this responsibility was not met. I realize this is not reflective of your work ethic or
attention to detail. I am confident something like this will not happen again and you will continue
doing the good work you have done in the past.
I close this matter through the issuance of this Letter of Censure. Additionally, I
assess you the loss of one vacation day to be worked by you without additional
compensation and/or overtime. I trust this has been a learning experience.
Sincerely,

/!A£~

Richard L. Mazzone
Major - Troop Commander

New York State Police-Troop K, 2541 Route 44, Salt Point, NY 12578

I www.troopers.ny.gov

Ci.,nL I

NEW YORK STATE POLICE
MEMORANDUM
TroopJLStction._ _ _~E=c=st'-'F,...,,ls=h"'-k=ill
Date_ _ _ _ _~A=u..,q=u=st~2=6e,,_,,2=0~1.:..9

To:

· Troop Commender, Troop K, Poughkeepsie, New York
'

· From:
Subject:

Trooper Michael A. Beyer, SP East Fishkill

~

DISCIPLINARY ACTION- COMPLAINT AGAINST PERSONNEL20190054

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:
l.

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, upor:i a finding of guilt, the
imposition of the following penalties:
i.

A letter of censure and/or

ii.

An intro-troop transfer and/or

iii.

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.

•
Genl. 7

NEW YORK STATE POLICE

MEMORANDUM
Troop__!LStation
Date

Headquarters
August 26, 2019

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

Major Richard L. Mazzone, Troop Commander, Troop K

Subject:

COMPLAINT AGAINST PERSONNEL - #20190054
TROOPER JOHN P. DIRUSSO

/f"47/l1

Reference is made to the attached report regarding the above subject.
On August 26, 2019, Trooper JOHN P. DIRUSSO 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
imposed no penalty. I have attached a copy of the consent waiver.
This matter is closed.

NEW YORK STATE POLICE
MEMORANDUM
TroopJLStation,_ _ _..,E,.,,a,,,st,_f,_,is..,h.,,k=ill
Date,_ _ _ _ __,;;;A,,u,..g,..u,.,.s.,_t2""6,.,,c..,2.,,0'-'1_,_9

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper John P. DiRusso, SP East Fishkill

Subject:

DISCIPLINARY ACTION- COMPLAINT AGAINST PERSONNEL20190054

..D

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:
i.

A letter of censure and/or

ii.

An intro-troop transfer and/or

iii.

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

...

·,
Genl.

7

NEW·YORK STATE POLICE

MEMORANDUM
Troop_K_Station
Date

Headquarters
August 15, 2019

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

Major Richard L. Mazzone, Troop Commander, Troop K

Subject:

COMPLAINT AGAINST PERSONNEL - #20190054
TROOPER FREDDY LOPEZ

/!J.. J/11

Reference is made to the previously submitted report regarding the above subject.
On August 15, 2019, Trooper FREDDY LOPEZ 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. I have attached a copy of the Letter of Censure
and consent waiver. Additionally, Trooper LOPEZ was assessed· the loss of one vacation day to
be worked by him without additional compensation and/or overtime.
This matter is closed.

,

.,

4'i-

State
Police

KEITH M. CORLETT
Superintendent

RICHARD L. MAZZONE
Troop K Commander

LETTER OF CENSURE

August 15, 2019

Trooper Freddy Lopez
New York State Police
Troop "K"
East Fishkill, New York
Dear Trooper Lopez:
On August 15, 2019, you appeared before me at Troop "K" Headquarters for the
purpose of adjudicating a disciplinary matter arising from your failure to properly search your
vehicle prior lo the start of your shift. This occurred on February 5, 2019, and you subsequently
requested via memorandum to have the matter adjudicated informally by me pursuant to Rule 3
of the Administrative Manual.
During the informal inquiry, we discussed the importance of always properly and
thoroughly searching your Troop car, for contraband, both at the start and end of your shift.
Specifically, we discussed how a bag of heroin and cocaine were located under the rear seat of
your vehicle on the afternoon of February 6, 2019. Although the contraband was located, it
does not mitigate the fact that you did not locate it at the start of your previous shift. I realize
this is not reflective of your work ethic or attention to detail. I am confident something like this
will not happen again and you will continue doing the good work you have done in the past.
I close this matter through the issuance of this Letter of Censure. Additionally, I
assess you the loss of one vacation day to be worked by you without additional
compensation and/or overtime. I trust this has been a learning experience.
Sincerely,

4~~

Richard L. Mazzone
Major - Troop Commander

New York State Police-Troop K, 2541 Roule 44, Salt Point, NY 12578 [ www.troopers.ny.gov

Gcnl.1

•

NEW YORK STATE POLICE
MEMORANDUM
TroopJLStation._ _~-=E=a=st~F~is=h=k=ill
Date_ _ _ _ _~A=u..,q=u=st~1~5=·~2=0~1~9

To:

Troop Commander, Troop K, Poughkeepsie, New York

From:

Trooper Freddy Lopez, SP East Fishkill

Subject:

DISCIPLINARY ACTION- COMPLAINT AGAINST PERSONNEL20190054

f. L

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 hav.e 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:

i.

A letter of censure and/or

ii.

An intro-troop transfer and/or

iii.

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.

•
,

....•

NEW YORK STATE POLICE

MEMORANDUM
Troop;..]LStation

Headquarters

Date

June 26, 2019

To:

Deputy Superintendent Patrick J. Regan, Professional Standards Bureau

From:

Major Richar,d L. Mazzone, Troop Commander,-Troop K

Subject:

KAl/!/

COMPLAINT AGAINST PERSONNEL #20190054
. TROOPER MICHAEL A. BAYER, EOD 9/26/05, SP EAST FISHKILL
TROOPER JOHN P. DIRUSSO, EOD 1/13/14, SP EAST FISHKILL
TROOPER ROBERT COSTA, EOD 3/28/16, SP EAST FISHKILL
TROOPER FREDDY LOPEZ JR, EOD ~/08/06, SP EAST FISHKILL

Reference is made to attached NYSP Cover Page Report of Sergeant/SC BRIAN M.
WILLIAMS, dated May 23, 2019, and cover memorandum of Captain PAUL M. DEQUARTO, Zone 2
Commander, dated May 31, 2019, both concerning titled subject.
I have reviewed the report and discussed the contents of same with Captain
DEQUARTO, Zone Two Commander, and I concur with the report findings.
On February 6, 2019, Trooper ROBERT COSTA drove 2K56 to Troop KAMI for radio.
repair. While working on 2K56, NYCOMCO employee Mr. JOHN L. ZELKER removed the rear seat
locating a bag 6f cocaine and heroin. Investigation identified Troopers COSTA, MICHAEL A. BAYER and
FREDDY LOPEZ, Jr. as the primary drivers.of2K56 from February 1 through 6, 2019. During this time
frame two prisoners were transported in 2K56, one in the front passenger seat and one in the back seat.
However, the investigation could not determine the origin of the contraband. Troopers COSTA, BAYER
and LOPEZ all stated they inspected the vehicle each shift, but did not remove the rear seat due to concern of
damaging the seat, however, they all failed to notify their supervisor of the issue as directed by Troop Order
18-02. Additionally, Troopers BAYER and JOHN P. DIRUSSO transported a prisoner in the rear seat of
2K56, which is not equipped with a security screen while Trooper DIRUSSO was seated in the front
passenger seat.
The investigation has determined that Troopers BAYER, COSTA and LOPEZ by their
actions, violated the following NYSP Rules and Regulations:

Regulation 8A2: Failed to comply with the Rules, Regulations and Instructions;specifically:
Article 5Cl(a)l: At the start of the tour and before going on patrol, search the vehicle to
ensure it is clear of contraband.

Trooper Order 18-02 Inspection and Security of Division Patrol Vehicles: All Members
utilizing a patrol vehicle for any purpose, will carefully raise and/or remove the rear seat and
visually check the area underneath the seat as part of their daily vehicle inspection.

2
'

ii

.

The investigation also determined that Troopers BAYER and DIRUSSO by their ac!ti9ns,
violated the following NYSP Rules and Regulations:
Regulation 8A2: Failed to comply with the Rules, Regulations and Instructions, specifically:
Article 31E6( c)2: When transporting a single prisoner, and are assisted by another Member,
seat the prisoner on the passenger side of the rear seat and the assisting Member shall sit in
the rear seat, behind the driver and continuously watch the prisoner throughout the trip.
Recommend appropriate administrative action.

►

'

•

Gml 7

NEW YORK STATE POLICE

MEMORANDUM
TroopLStation Z/2 Wappinger
Date._ __ _ _. !,;M'-"a""y'---'"-'3 -'l,__,2...,0'-'l_.9, _

To:

Major Richard L. Mazzone, Troop Commander. Troop K

From:

Capia;, Paol M. DeQoarto, Zoae II Comma,d,@

Subject:

COM PLAINT AGAINST PERSONNEL - DIVISION Fl LE #20 190054
TROOPER MICHAEL A. BA YER, EOD 9/26/05, SP EAST FISHKILL
TROOPER JOHN P. DIRUSSO, EOD 1/13/ 14, SP EAST FISHKILL
TROOPER ROB ERT COSTA, EOD 3/28/ 16, SP EAST FISHKILL
TROOPER FREDDY LOP EZ JR., EOD 5/08/06, SP EAST FISHKILL

Reference is made to the attached administrative report of Sergeant/ SC Brian M. Williams, dated
5/23/ 19, concerning the captioned subject.
I discussed th is matter with Sergeant/SC Williams and concur with his findings. On February 6,
Trooper Robert Costa was assigned 2K56 for the I-shift and drove it to Troop K AMI to have the radio antenna line
replaced when a NYCOMCO employee located a bag of cocaine and heroin under the rear seat. This investigation has
determined that from February I, 20 19 through February 6, 20 19 the follow ing Members were the primary operators of
2K56: On February I, 2 and 3 Trooper Costa during the I-shift and Trooper Michael A. Bayer during the 2-shift. On
February 4. 2K56 was not used on the I or 2-shi rt. On February 5, 2K56 was not used on rhe 1-shi ft but was operated by
Trooper Freddy Lopez Jr. during the 2-shift. During the timefrarne in question (Feb 1-6) there were two subjects
transported in 2K56; one in rhe front seat and the other in the rear. The defendant who was transported in the front sear
never had access to the rear seat. Additionally, he was interviewed and denied placing any contraband in 2K56. The
defendant that was transpo1ted in the rear seat on February 3, refused to be interviewed. The bag that contained the
contraband was tested for latent prints with none found. On February I, 2019, Trooper Costa completed a Genl-44 UF
Patrol Vehicle Inspection Form and indicated he checked the backseat; however, he failed to remove the back seat as
directed in Troop Order 18-02, out of fear of breaking the seat. This investigation was unable to determine the origin of
the contraband. Furthermore, th is investigation has determined that although Troopers Costa, Bayer and Lopez searched
2K56 before and after their tours, their searches were inadequate resul ting in the contraband being located by Mr. Zelker.
Lastly, it has been determined that on February 3. 20 19 at about 2:00am, Troopers Bayer and Dirusso transpo11ed a
prisoner in the rear seat of2K56 while Trooper Bayer was driv ing and Trooper Dirusso was in the front passenger seat.
The personnel complaint against Troopers Bayer, Costa and Lopez is founded . All facts obtained
during this investigation concluded thal Troopers Bayer, Cost.a and Lopez did violate the fol lowing cited Regulation of
the New York State Police:
Regulation 8A2: Fai led to comply with the Rules, Regulations, and Instructions Specifical ly:
Article SCl (a) I (B) I: At the start of the tour and before going on patrol, search the vehicle to ensure
it is clear of contraband. At the end of your tour, before securing the vehicle. search the vehicle to ensure it is clear of
contraband.

,
Troop Order 18-02 Inspection and Security of Division Patrol Vehicles: All Members utilizing a
patrol vehicle for any purpose, will carefully raise and/or remove the rear.seat and visually check the area underneath the
s,eat l.s part of their daily vehicle inspection.

Trooper Michael A. Baver

To wit: On February I, 2, and 3, 2019, Trooper Bayer used 2K56 on the 2-shift and failed to
adequately search the vehicle resulting in contraband being located under the rear seat on February 6, 2019.
Trooper Robert Costa

To wit: On February I, 2, 3 and 6, 2019, Trooper Costa used 2K56 on the I-shift and failed to
adequately search the vehicle resulting in contraband being located under the rear seat on February 6, 2019.
Trooper Freddy Lopez Jr. ·

To wit: On February 5, 2019, Trooper Lopez used 21<56 on the 2-shift and failed to adequately search
the vehicle resulting in contraband being located under the rear seat on February 6, 2019.
The personnel complaint against Troopers Bayer and Dirusso is founded for failure to properly
transport a prisoner. Troopers Bayer and Dirusso did violate the following cited Regulation of the New York State
Police:
Regulation 8A2: Failed to comply with the Rules, Regulations, and Instructions Specifically:
Article 3 IE6(c)2: When transporting a single prisoner and are assisted by another member, seat the
prisoner on the passenger side of the rear seat and lhe assisting member shall sit in the rear seat, behind the driver and
continuously watch the prisoner throughout the trip.

To Wit: On February 3, 2019 at approximately 2:00am, Troopers Bayer and Dirusso had a subject
under arrest for DWI and transported her in 2K56 which is not equipped with a security screen. The prisoner was seated

in the rear seat while Trooper Bayer was driving and Trooper Dirusso was seated in the front passenger seat.
Recommend appropriate administrative action.

G~NL.30 (~EV 2/00)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING TROOP

MANAGING TROOP

Trooper Michael A. Bayer

K

K

DATE OCCURRED

TZS

02/06/2019

K261

EOD 09/26/05, SP East Fishkill
Trooper John P. DIRUSSO

DATE OF REPORT
05/23/2019
CTVCODE
K1462

EOD 01/13/14, SP East Fishkill
Trooper Robert Costa

INVESTIGATIVE PERIOD

EOD 03/28/16, SP East Fishkill

02/06/19 - 05/23/19

Trooper Freddy Lopez Jr.

REPORT OF

EOD 05/08/06, SP East Fishkill

Sgt/SC Brian M. Williams

CHARACTER OF CASE - (CC CODE)

STATION

COMPLAINT AGAINST PERSONNEL

SP East Fishkill

(PCT0100)

TYPED BY
bmw
SHIELD
3514

CASE#
20190054

STATUS OF CASE
( ) CA ( ) C/EC ( ) C/INV ( ) C/UNF ( ) C/UNS ( X ) C/FND ( ) OPN

REFERENCE:

Report of Personnel Investigation # 20190054, dated 05/23/2019

ENCLOSURES:

1. Gen'I 34d Digital Photo Record
2. Genl. 2 Evidence record for SJS
3. Genl. 4 Supporting ~
of John Zelker

and asrciated photo's

4. SJSlncident Reporallllll
5. Pers 29 Member Attendance Records, SP East Fishkill
6. To ur Strength, SP East Fishkill, February 1 through 6, 2019.
7. Genl. 44 Uniform Patrol Vehlcie Inspection
8. Genl. 7 Memorandum of Trooper Freddy Lopez Jr
9. Genl. 7 Memorandum ofTrooper Michael A , Bayer
10. Genl. 7 Memorandum of Trooper John P. DiRusso
11 . Genl. 7 Memorandum . Troo er Robert Costa
12. SJS Incident Report#
Arrest Report#
13. SJS Incident Report#
Arrest Report #
14. FIU Latent Prints Report
15. Genl. 7 Memorandum of Sergeant Nicholas S. Gallipani
16. Genl. 4 Supporting Deposition of Michael Thomson
17. Troop Order 18·02 dated 11/20/2018

FOR TROOP/DIVISION HEADQUARTERS US.E ONLY

DISTRIBUTION:
( ) DHQ ( ) TROOP ( ) OTHER:

APPRO~
ZONE
TROOP

OHO

/)

L/.{)J..•

('1c-£

:mA1',

).

ffi

{<l~

IZ.J1

£, ~.

DESTROY IN 20 - - -

INITIALS

PERMANE NT RETENTION _ _ _ _ _ _ _ _ _ _ _ _ __
INIT IALS _ _ __ _ __
RCN

{

GENL-:\1 (5164)

' REP6RT

SYNOPSIS:
On February 6, 2019, at approximately 1:50pm, Trooper ROBERT COSTA, SP East Fishkill, drove
2K56 to Troop K AMI to have the radio antenna line replaced. While working on 2K56, NYCOMCO employee
JOHN L. ZELKER removed the rear seat and discovered a clear plastic bag of cocaine and heroin.
Investigation into this matter revealed the operators and 2 shift partners of 2K56 from February 1st through
February 6t11 to be Trooper COSTA, Trooper MICHAEL BAYER, SP East Fishkill and Trooper FREDDY LOPEZ
JR, SP East Fishkill. On two separate dates during this time frame 2 subjects were transported in 2K56; one in
the back seat and the other in the front passenger seat. However, the investigation has been unable to
determine the origin of the found contraband. It has been determined that Troopers BAYER, COSTA and
LOPEZ failed to adequately search their assigned vehicle 2K56 at the beginning and end of their shifts.
Additionally, it has been determined that Troopers BAYER and DIRUSSO failed to properly position themselves
while transporting a prisoner in a Division vehicle not equipped with a security screen. The personnel complaint
against Troopers BAYER, COSTA and LOPEZ is founded for failing to adequately search 2K56 and founded for
Troopers BAYER and DIRUSSO for the improper prisoner transport. Recommend appropriate administrative
action
DETAILS:

1.
On February 6, 2019, at approximately 1 :50pm, Trooper ROBERT COSTA drove 2K56 to Troop KAMI to
have the radio antenna line replaced. NYCOMCO employee JOHN L. ZELKER removed the rear seat of 2K56
and found a clear plastic bag of cocaine and heroin under the rear seat. Mr. ZELKER notified AMI Supervisor
MICHAEL THOMSON who then advised First Sergeant MATTHEW SCHLOTTMANN, Troop K. First Sergeant
SCHLOTTMANN notified Captain DAVID L. KOLB, Troop K Admin Captain, who advised Captain PAUL
DEQUARTO, Zone II Commander. I, Sergeant BRIAN M. WILLIAMS, SP East Fishkill, was assigned to
investigate under DCN# 20190054.
AT SP POUGHKEEPSIE, NEW YORK

2.
On February 6, 2019, Investigator SHANNON ALPERT, Troop K FIU, took photographs of the
contraband in 2K56 and completed a Genl. 34D, Digital Photo Record, a copy which is attached as

ENCLOSURE #1 .
AT SP EAST FISHKILL. NEW YORK

3.
On February 6, 2019, Sergeant NICHOLAS S. GALLIPANI, SP Poughkeepsie, secured the evidence,
completed a Genl-2 Evidence Record and placed the evidence in the SP Poughkeepsie UF evidence locker. A
copy of the Genl-2 Evidence Record is attached as ENCLOSURE #2.
4.
On February 6, 2019
,nT.i:>rvlO~WF>n NYCOMCO
employee JOHN L. ZELKER,
ho stated in
sum and substance that he re
vered a bag
of drugs under the seat. He then advised AMI Supervisor MICHAEL THOMSON. A copy of Mr. ZELKER'S
supporting deposition is attached as ENCLOSURE #3.
5.
On February 6, 2019, Sergeant FRONTINO created SJS #8737921 in connection with this found
property investigation. A copy of the SJS #8737921 is attached as ENCLOSURE #4.
6.
On February 10, 2019, I reviewed the Pers. 29, Member Attendance Records for SP East Fishkill for the
1 and 2 shifts encompassing February 1, 2019 through February 6, 2019. This revealed that on February 1, 2
and 3 Trooper COSTA operated 2K56 during the 1 shift and Trooper BAYER operated 2K56 during the 2-shift.
On February 4, 2K56 was not used on the 1 or 2-shift. On February 5, 2K56 was not used on the 1-shift but
was operated by Trooper LOPEZ during the 2-shift. On February 6, Trooper COSTA operated 2K56 during the
1-shift. See chart below. Copies of the Pers. 29s are attached as ENCLOSURE #5.

"

,
Dav,

Feb. 1,.2019

:I-Shift ·
2,-Shift

Tor. COSTA
Tor. BAYER

rimary 01perators o f2K56fi'om Fe bruary 1-6• 2019
Feb,2, 2019
Feb. 3,2019
Feb.4,2019
Feb.5 2019
Tor. COSTA
Tor. BAYER

Tor. COS'fA
Tor. BAYER

No used
No used

Not used
. TJ)r. LOPEZ

Feb.6 2019
Tpr.COSTA

7.
On February 10; 201.9, I reviewed the Tour Strength encompassing February 1, 2019 through February
6, 2019 which showed on February 1, 2 and 3 Trooper COSTA operated 2K56 during the 1-shift and Trooper
BAYER operated 2K56 during the 2-shift. Additionally, on February 1st and 2nd Trooper DIRUSSO was the
passenger in 2K56 from 12am - 5am with Trooper BAYE~. During Trooper BAYER'S 2-shift on February 3 he
was partnered with Trooper DIRUSSO from 12am - Sam in 2K54. Oil February 4, 2K56 was not used on the 1
or 2-shift. On February 5, 2K56 was not used on the 1-shift but was operated by Trooper LOPEZ during the 2
shift. HQwever, during the hours of 12am - 5am Trooper LOPEZ did not operate 2K56 because he was the
pass~nger in 2K54 with Trooper ROBERT STANTON. On February 6, Trooper COSTA operated 2K56 during
the 1-shift. Copies of the Tour Strength are attached as ENCLOSURE #6.
1

8.
On February 10, 2019; I reviewed th~ Genl. 44 UF Patrol Vehicle Inspection for 2K56 dated February 1,
2019 which indicates Trooper COSTA wrote in the comments/remarks sectiqn "Rear seat checked" indicating he
checked the rear seat for contraband but <;iid not specify that he removed the rear seat during the inspection. A
copy of the Genl 44 UF Patrol Vehicle Inspection form is attached as ENCLOSURE #7.
9.
On February 10, 2019, I interviewed Trooper FREDDY LOPEZ JR, SP East Fish.kill. Trooper LOPEZ
stated in sum and substance that on February 5, 2019, he operated 2K56 during his 2-shift and did not transport
anyone in the vehicle. During the hours of 12am - 5am Trooper LOPEZ did not operate 2K56 because he was
the passenger in 2K54 with Trooper STANTON as the driver. On Ulat date, he Inspected the dtiver and
passenger seats of 2K56 for contraband prior to going on patrol and after his shift. He did so by using search
gloves and a flashlight and did not observe any contraband. He attempted but was unable to remove the rear
seat of 2K56 in fear he may break it. Trooper LOPEZ'S mem~randum is attached as ENCLOSURE #8.
10.
On February 12, 20,19, I interviewed Trooper MICHAEL BAYER, SP East Fishkill, Trooper BAYER
stated in sum and substance that on Friday February 1, 2_019 he operated 2K56.during his 2-shift. Between the
hours· of 12am - 5am "Frooper DIRUSSO was his passenger. No one else was in 2K56 during that time. On
Saturday(February 2, 2019, he operated 2K56 during his 2 shift.. Trooper DIRUSSO was his. 2-shift partner from
12am - 5am as the passenger. In the early m o ~ u n d a Y . Februa 3, 2019, at approximately
2:00am ~ Y E R. and. DIRUSSO arrested - - ( $ J S
WI. Trooper BAYER
searche~and placed her in the rear passenger side seat of 2K56.
was transported from
the scene to SP East Fishkill for arrest processing. Durin~ort, Trooper
SSO sat in the front
passeoger se.a t .not positioning himself in the rear seat w i t h - - On Sunday February 3, 2019 Trooper
BAYER operated 2K56 during his 2-shift. During the hours of 12am - 5am he was the. passenger of 2K54 with
Trooper DIRUSSO as the driver. Trooper BAYER ·did not transport anyone else in 2K56. Additionally, Trooper
BAYER stated he did physically check the rear seat of 2K56 prior to going on patrol and at the end of each of
his tours on February 1, 2 and ~rd . He did so by spreading the seat cushion and back rest apart while visually
inspecting. He stated he did not fully remove the rear seat in fear he would damage from exerting too. much .
force upon it. Trooper BAYER'S memorandum is attached as ENCLOSURE #9.
11.
On February 12, 2019, I interviewed Trooper JOHN DIRUSSO, SP East Fishkill who stated in sum and
substance that on Friday Febn,iary 1, 2019 he worked a 2-shift in 2K54. Between•the hours of.12am - 5am he
was the passenger in 2K56 with Trooper BAYER as the driver. On Saturday February 2, 2019, he worked a 2shift in 2K54. Between the hours of 12am-5am he was the passenger in 2K56 with Trooper BAYER as the
driver. 0 ~ 3, 2019 (during the February 2nd, 2 shift) at approximately 2:00am he and-Trooper BAYER
arrested - - f o r DWI. Trooper DIRUSSO explained, Trooper BAYER searched-and placed
her in the rear passenger •side seat of 2K56. During the transport from the scene back to SP East Fishkill
Trooper DIRUSSO sat in the front passenger seat not positioning himself in the rear seat with Additionally, at no time did Trooper DIRUSSO search the .rear seat of 2K56. On Sunday February 3, 2019, he
worked a 2-shift in 2K54. Trooper BAYER was his pa~senger from 12am-5am. At no time on during Trooper
DIRUSSO'S 2-shift on February 3rd was h~ in 2K56: Trooper DIRUSSO'S .memorandum is attached as
ENCLOSURE #10:
1.2.
On Feqruary 12, 2019,, i interviewed Trooper ROBl;RT COSTA, SP East Fishkill who stated in sum and
substance that on February 1, 2019, he operated 2K56, during his 1-shift. Prior to going on patrol, Trooper
COSTA completed a Genl. 44 UF Patrol Vehicle lnspectiol) for·~,. He stated he visually inspected the rear seat of
2K56 and· p~ysically checked the crevasses with negative results. He explained he attempted multiple times to
remove the rear seat but was unsuccessfuL He was concerned he would damage the seat by forcefully pulling
on it. On February t , 2019, Trooper COSTA did not transport anyone in 2K56. On February 2, -2019 Trooper

•

, COSTJ\ operated 2K56 during the 1-shift. He did not transport anyone on that date. On February~
TA o ~ K 5 6 during his 1-shift. At approximately~per COSTA arrested- SJS - - for DWI. Tr
.
transported - - i n the front passenger seat of
2
e scene to SP East Fishkill. lilliiii,ever had access to the rear seat of 2K56. On February
6,
- 2019, Trooper COSTA operated 2K56 during his 1-shi~. At approximately 1?:30pm he drove 2K56 to Troop
K Headquarters for an antenna repair. At approximately 1:30pin he was notified by First Sergeant MATTHEW
C. SCHLOTTMANN that heroin was found under the rear seat of 2K56 while being worked on. Trooper COSTA
stated prior to going on patrol each of his shifts he visually checked the rear seat of 2K56 by spreading the rear
seat and ba~k rest apart while using a flashlight to •inspect the area. He additionally used his hands in me
crevasses While feeling for contraband. He again stated, although he attempted to remove the seat several
limes he was unsuccessful in doing so and stopped he fear he would cause damage. Additionally, he stated at
the completion of his tours he again searched the rear seat of 2K56 witt'I negative resl!lts. Trooper COSTA'S
memorandum.is attached as ENCLOSURE #11.
17 2019 I telephonically contacted
ho was arrested by Trooper COSTA on February 3, 2019.
respectfully declined an interview without consulting with his attorney CHRISTOPHER YORKE.
s oke with Mr. CHRISTOPHE
ho advised he would talk with
an interview.
15.
On February .17, 201'9, I attempted to c o n t a c t ~ h o was arrested by Trooper BAYER
·and DIRUSSO o n ~ 0 1 9 . I left a ~ i c e messages r e q - e r to ~ontact me with negative
results. A copy ofllllllllllllllSJS incident and arrest report (
are as ENCLOSURE #12.
~ O n March 12., 2019, - c o n tacted• ~e telephonically ~nd agreed to an interview with.
- - t n a t h r e e ~call. On date confirmed he was ar-rested by Trooper COSTA on
February 3, 2019. - - s t ated he was thomughly searched by Trooper COSTA a
d behind
his back and then placed in the front seat of 2K56 and secured with the seatbelt. I asked
if at any
time. he secreted any contraband in the rear seat of 2K56 and he replied, wNo.".
tated at no time
was he placed, in the rear seat of 2K56 or have ace
o rear sear of 2K56.
and Mr. YORKE
to provide a written statement. A copy of
SJS incident
and arrest report
are attached as ENCLOSURE #13.
- At TROOP K HEADQUARTERS, NEW YORK
17.
On April 22, 201 9, at the request of Captain DEQUARTO, item #1 was forwarded to Troop K FIU for
latent print processing.
1?.
On, May 13, 2019, lnvestigator 'CHELSEA A. GAGLIARDI, Troop KFI\J, advised that no latent prints
were obtained from Item #1. A copy of the Latent Print Report is attached as EN.C LOSURE #14.
1.9.
On May 20, 2019, I interviewed Sergeant NICHOLAS S. GALLIPANI, SP Poughkeepsie who stated in
sum and substance that on February 6, 2019, at about 2:00pm, he was advised by First Sergeant MATTHEW
SCHLOTTMANN that drugs were discovered under the pack seat of 2K56 while getting work done in AMI.
Sergeant GALLIPANI stated he was instructed by First Sergeant SCHLOTTMANN to secure the drugs as
evidence which he did and placed said evidence in the SP Poughkeepsie UF Evidence Locker. Additionally,
Sergeant GAL:LIPANI completed a Genl. 2, Evidence Record and a Genl. 40, Evidence Tag. Sergeant ·
GALLIPANl'S me.morandum is'attached as ENCLOSURE #15.
20.
On May 20, 2019, I interviewed MICHAEL THOMSON, Troop K AMI Supervisor, who state9 in sum and
substance that on February 6, 2019, at approximately 1:SOpm, he was advised by NYCOMCO employee Mr.
ZELKER that he found a bag of drugs under the rear seat of 2K56 while running a radio antenna line. Mr. '
THOMSON immediately advised First Sergeant. SCHLOTTMANN. A copy .of Mr. THOMSON'S supporting
deposition is attached as ENCLOSURE # 16.
J

•

21 .
Major RICHARD L. MAZZONE, Troop K Commander, issued' Troop Order #18-02 on November 20,
2018 titled Inspection and Security of Division Patrol Vehicles, A copy of this Troop Order. is attached as
ENCLSOURE #1'7.

•

1,

CON'CLUSION:

Investigation into this matter has determined that on February 1, 2 and 3 Trooper COSTA operated
2K56 during ,the 1-shift and Trooper BAYER operated 2K56 during the 2-shift. On February 4, 2K56 was not
used on the 1 or 2-shift. On February 5, 2K56 was not used on the 1-shift but was operated by Trooper LOPEZ
during the 2-shift. On February 6, Trooper COSTA was assigned 2K56 for the 1-shift and drove it to Troop K
AMI to have .the radio antenna line replaced when NYCOMCO employee located a bag of cocaine and heroin
under the rear seat. The bag was tested for latent prints with none found.· This investigation was unable to
determine the origin of the contraband. Furthermore, this investigation has ·determined that although Troopers
COSTA, BAYER and LOPEZ searched 2K56 before and after their tours, their searches were inadequate
resulting in the con\raband being located by Mr. ZELKER. Lastly, it has been determined that on February 3,
2019 at about 2:00am, Troopers BAYER and DIRUSSO transported a prisoner in the rear seat of2K56 while
Trooper BAYER was driving and Trooper DIRUSSO was in the front passenger seat.
The personnel complaint against Trooper MICHAEL A. BAYER, ROBERT COSTA and FREDDY
LOPEZ JR. is founded. All facts obtained·during this investigation concluded that Troopers BAYER, COSTA and
LOPEZ did violate the following cited Regulation of the New York State Police:
Regulation BA2: Failed to comply with the Rules, Regulations, and Instructions Specifically:
Article 5C1 (a)1 (B) 1: At the start of the tour and before going on patrol, search the vehicle to ensure it
is clear of contraband. At the end of your tour, before securing the vehicle, search the vehicle to ensure it is
clear of contraband. ·
Troop Order 18-02 Inspection arid Security of Division Patrol Vehicles: All Members utilizing a
patrol vehicle for any purpose, will carefully raise and/or remove the rear seat and visually check the area
underneath the seat as part of their daily vehicle inspection.

Trooper MICHAEL A. BAYER
To wit: On February 1, 2, and 3, 2019, Trooper BAYER used 2K56 on the 2-shift and failed to
adequately search the vehicle resulting in contraband being located under the rear seat on February 6, 2019.
Trooper ROBERT COSTA
To wit: On February 1, 2, 3 and 6, 2019, Trooper COSTA used 2K56 on the 1-shift and failed to
adequately search the vehicle resulting in contraband being located under the rear seat ori February 6, 2019.
Trooper FREDDY LOPEZ JR

To wit: On February 5, 2019, Trooper LOPEZ used 2K56 on the 2-shift and failed to adequately search
the vehicle resulting in contraband being located under the rear seat on February 6, 2019.

•
The personnel complaint against Troopers BAYER and DIRUSSO is founded for failure to properly
transport a prisoner. Troopers BAYER and DIRUSSO did violate the following cited Regulation of the New York
State Police:
Regulation BA2: Failed to comply with the Rules, Regulations, and Instructions Specifically:
Article 31 E6(c)2: When transporting a single prisoner and are assisted by another member, seat the
prisoner on the passenger side of the rear seat and the assisting member shall sit in the rear seat, behind the
driver and continuously watch the prisoner throughout the trip.

To Wit: On February 3, 2019 at approximately 2:00am, Troopers BAYER and DIRUSSO had a subject
under arrest for DWI and transported her in 2K56 which is no_! equipped with a security screen. The prisoner
was seated in the rear seat while Trooper BAYER was driving and Trooper DIRUSSO was seated in the· front
passenger seat.
Recommend appropriate administrative action.

SMA
INSTRUCTIONS: Completo a separate form for each lnvestigatioil
Print or type all entries

Dl9ITA.L PHOTO RECORD
STATION

FILI LEAD NUMBER

CASE NUMBER

INCIDENT DATE

'
K'Headquarters

PHOTO DATE

TIME
BEGAN

2/6/2019

INVESTIGATING MEMBER

2/6/2019

PHOTOGRAPHER'S NAME

Sgt. Michael Frontino

2

St

Inv. Shannon Alpert

CASE TYPE

2:07 PM

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2:10 PM

-,'
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COMPLAINANT - DEFENDANT - OPERATOR- DECEASED

Found property
COUNTY

ADDRESS OR LOCATION

Dutchess

Troop K Garage

GENERAL DESCRIPTION OF SCENE/ ITEM(S)

ACTION REQUESTED

0

2K56 - vehicle/evidence photos
CAMERA
IMAGE TYPE OR FILE FORMAT

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IMAGE#

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DSC 0001

VAN -160380 2K56

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3

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Rear plate - 2K56

4

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Rear seat - 2K56

5

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Rear seat - 2K56

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TrOOp K EvidellCt

,,/./7
u

SIGNA.T!JR,E-.

2>-=Y

:=~
'-

..

'

YELLOW,-' Troqt

·PINK,,Statioh_

GOLD- !Ylember/FIU

A1nc..... dP..d

i,-1-

.9./~, I,, ,

NEWYORK STATE POLICE
Mid Hudson Satellite Crime Laboratozy
224 Breunig Rciad, P.O. Box 4077, New Windsor; NY12553-0077 [
(845) 564-4330 I www.troopers.ny.gov

Page') ofl

Crime Laboratory .Ca:~e~!i'!i;eip(Recllrd

19ML-.00379

Ageri~y: Case;Number 873 7921

Submi~siori'Q*e::nme

212112019 - 12:02 pm

.Rec~iveiLBY,

Subll!itled By

TPRHQBSON

Lab:Number

Submitii~g A'g~hcf

ReneeM. Rose

Comments ·

Associated ;Niirues
Last'.Name,,
NYSP
,

First Name

Middle Name,

Description I Source
l

Ono(I) scaled plastic bag containing: ChunkS}Jlisti,n«.i3;\G;,GLASSINE$ WI POWDER &
RUllllERllAND
.

•

..
NEWYORKSTATEPOLICE

Forensic 4lve,~gati911 C~ter
Buil!iing.30, l.~~Q'f@iirigton Avenue, Ali,,an_y,NY q226~3000 I
(518) 457-1:ZO~J w;ww:ttoc,pers.ny.gov
·
.

.

Return to.S'ubmitting Agency - Pie~ Up
· K261-SP.6~"$!J'FISHKILL
Lab'Case:

Item

i.9Mi,.60379

-05/02/2019
DepfCase No:

Container

8737921.

Descrlpiio~-/Source
One(!) sooled plastic bag containing: lt<m(s) for'_l'~J~mg
,packuging
.

I

,u

TRP
HOBSON-TROOPK
'VAULT

. t " " "'·,

.

·r
;1tH11m1 OOlilillllllD;

NEWYOR.I(STATE POLICE
Mid Hudsoii:Satellite Crime Laboratory
224 Bi:eunig Road, P.O. Box 4077, New Windsor, NY 12553-0077'1
(845}564-4330 I www.troopers:ny.gov

.Return.to. Submitting. Agency -

Picl<.Urt

K:261..,.Sp EAST FISHKILL
Lab Case:

f91"!t•.06379

Dept Case No:

Item

DescripU<in I Source

1

,1

1A

~1

Ono(l)sc;,k,fp[ilstic bag.cpntaining; C!"!iilSl~bjt~ncc BAG, GLASSINES·
WI POWDER&•RUBBERBAND
.
One (I) sealcdpfasilc bag tonlaining;

.Chui\l<•Sjlbstance

BAG

'Change. in fonn: ·Packagi~g added

I

t1s

;04122/2019

1

0;,e (1) s~icdpl;stio bag contain\ng;
POWDER

.

:(::~ti~l{~~~ce I Gt.ASSIN!l W/

P~nge in fonn: Packaging ad~e,1

·,c

Onc(l)soalcd plastic b;lg tontai~\ng;

:q,u,j)icii,,l\Sl!i,rt"", 4 GLASSINESW/

POWDER

Cliange;infonn: Packag.ingadded

,-.,=======;::::::==,=====:::::i:==============:;=:;=:;:::::::;=::::::::;=======,
1·

A(\ditional Items remain at Lah

'

.
I

SUP.PORTING DEPOSITION (CPL §100.20)

PAGE 1
NEW YORK STATE POLICE

•

T!iE PEOPLE OF THE STATE OF NEW YORK

--vs.

Defendant(s)

INCIDENT LOCA T/ON:

LOCATION OF DEPOSITION:

COURT

STATE OF NEW YORK LOCAL CRIMINAL
DUTCHESS

COUNTY OF
TOWN

!Date
On

of

PLEASANT VALLEY

II
1

Date of Birth

11129/1970

02:20PM

at

COUNTY OF
TOWN

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

Time Started

I 02/0612019

STATE OF NEW YORK

I

DUTCHESS
of

PLEASANT VALLEY

IFull Name:
I,

JOHN L ZELKER

1

crrN

No. and Street

53 WEST CEDAR ST

State

INY

POUGHKEEPSIE

State The Following:

On February 6, 2019 at approximately 1:50pm, I was working at Troop K Headquarters in AMI. I was replacing the antenna
line for the radio antenna in 2K56. In order to complete this job I had to remove the rear seat. After I removed the rear seat,
I saw a plastic baggie stuffed behind the rear seat near the passenger door. I thought it was a bag that was left by the
manufacturer that covered the seatbelt buckles. Once I lo~~,,J;t:!Y I saw that there were drugs inside the bag. I
immediately notified Mike Thomson, the AMI supervisor.

/;:,:!/

1./4
~

In a

Notice

-

str

(Penal Law §210.45)

ent, any person who knowingly makes a false statement which such person does not believe to be true has

nder the laws of the state of New York punishable as a Class A Misdemeanor.

committed a crim

Affirmed under penalty of perjury
TH
this -~06,..__ _ dayof FEBRUARY

2019

-OR(WITNESS)

• Subscribed and Sworn to before me
this

-----

day of

-----

• This form need be sworn to only when specifically required by the court

#~~~

(NAME OF PERSON TAKING DEPOSITION)

Time Ended

02/06/2019

02:30 PM

I

GENL-44 (Rev 07/18)

New York State Police

s1at1on:

UF Patrol Vehicle Inspection

SP East Fishkill

Plate#2K56
~~~ected: 02/01/2019

..

.Vehicle Information
Van#

Year

160380

,

~

.. -

Make

2016

Model

Dodge

Charger

Last Operator's Name (Last, First, Ml)

Inspected By (Last, First, Ml)

Costa, Robert

Costa, Robert

'Instructions:

Exterior

..

lnteriof

Appearance

M = Missing Item
R = Repalt Needed
X = Needs Replacement

Trunk

..

;

Windshield

124,491

Codes:
✓ or S = Satisfactory
U = Unsatisfactary
N = Not A!)pllcable

• Make riotes as needed to clarify.
• Retain monthly Inspection-In files until after next lnspecUon, then destroy.
, • Retain supervJSory quarterly lnspecUon In flies until after next quarterly
lnsnectlon, then destrov,

,/

Odometer Reading

,/

Appearance (Neat and Organized)

. AEi:;l Pad 2 Exp Date: 02101/2018

,/

Tires

,/

Glass (Also, Rear Windows. Disabled?)

,/

Wipers & WashefS

,/

Slick Top/ Cite Lights

,/
,/

AED Pad 1 _Exp Date: 02/01/2018

,/

Push Bumper

,/

Inspection Sticker Exp Date: 06/01/2019

,/

AED Battery 1 Exp Date: 08/01/2018

R

Headlights

,/

E-ZPass # G400407157890

,/

AED Battery 2 Exp Date: 08/01/2018

,/

Naloxone Exp Date: 09/01/2019

. ,/

b.i~l1bl)~rd i C~nier Cori~ole

Grille or Push Bumper Lights

,/

Parking Lights

,/

Gauges

,/

DWI Blood·Kit Exp D~te: 06/30/2019

,/

Taillights

,/

Warning Lights

,/

First Aid Kit

,/

Brake Lights

,/

Heater - DefrOster

,/

Blohazard Kit

,/

Backup Lights

,/

Air Conditioner

,/

Crime Scene Kit

,/

License Plate Light

,/

Hom

i/

Flares

,/

Fire Extinguisher

,·see GENL-f11)

,/

Arrow Stick

,,J

Emergency F~ashers

N

Roof Light Bar

,/

Tum Signals

N
,/

Highway Bar (Elevated Light Bar)

,/

Siren

NYSP Decals (Including Roof)

,/

Shotgun Release

,/

60''Rope

,/

Fluids (Oil·and Windshield Washer)

,/

Trunk Release

,/

1D0' Measuring Tape

,/

Appearance

,J

Ballistic Sticker• Front Door Panels
(NO Ballistic Panel on '12-13 Dodge
Chargers)

·interior , .

Charged?

l ✓ lves I

l✓I

,/

Police Radlo{s) I Radio Tested

,/

PA Mic, Computer, Monitor, Printer,
Keyboard, Scanner, AVL,.LPR, and
Connectioris

,/

Spare Tire

,/

Jack & Handle

,/

4 Way Lug Wrench

Fu~I & 011 Book

,/

Trunk Lid Lights
Shotgun Serial# A8505827M

,/

Door Locks (Rear Lock Disabled?)

,/

Self-Insured.form

,/

,/

Seatbelts

,/

Preventative Maintenance Schedule

,/

,/

Spotllghts

,/

Dome,Llght

Servlceuptodate?l ✓ I Yes
,/

7 No

6 Yr.Maintenance Due'Date: 05/01/2011 •

I I No

Speedometer Deviation Record

,/

Res•Q•Me Tool

,/

Steering Wheel Aux Buttons

Glove Compartmen'f

Secured.In Shotgun Rack

,/

Loaded (4 slugs in Tubular Magazine)

,/

Date_ Completed: 10/09/2018

Condition

,/

,/

Extra Ammo (5 Slug 15 Buckshot)
Rifle Plates

,/

Brake Condition - Pedal (Firm)

,/

DVTags

,/

Front Serial "#16260035015182

,/

Parking Brake

,/

Deer Tags

,/

Back Serial# 162600035015189

,/

Radart FP-19~40

,/

Tire Tread Gauge

'

,/

AlcoSensor# F00015701

Was vehicle test driven?

..

l ✓ lves I

I No

·.

Is any unauthorized equipment Installed? (If yes, desaibe below.)

Was an off!cer safety check for deadly weapons/dangerous Instruments conducted on the vehicle's interior?
Comments I Remarks:

DRIVER'S SIDE DAYTIME RUNNING LIGHT OUT, NEEDS REPLACEMENT,
REAR SEAT CHECKED

I I Yes I✓ I
l ✓ IYesl

No

INo

<Senl. 7

•

NEW YORK STATE POLICE

MEMORANDUM
Troop.K._Station
Date

To:

From:

February 11, 2019

Major Richard L. Mazzone, Troop Commander, Troop K

Trooper Freddy Lopez Jr 5435

'F-L.

Subject: PERSONNEL COMPLAINT - FOUND CONTRABAND

I have been ordered by SC/SGT BRIAN M.WILLIAMS, SP East Fishkill, to provide a written
account of CONTRABAND located in 2K56. I have been advised of my Article 16 rights. I am
being represented by Trooper MAURICE COLEY, Troop K Delegate, and provide the following
account:
On February 5, 2019 I was scheduled to work a 2 tour at SP East Fishkill. Prior to going on
patrol, I performed a daily inspection of2K56 in accordance with the MEMBERS MANUAL
ARTICLE 5; DIVISION VEHICLES I checked both driver and passenger seats for any
contraband utilizing search gloves and the aid of a flashlight with negative results. I conducted a
search of possible places contraband could be placed by a subject being transported in the rear
seat of 2K56 with negative results. I attempted to physically remove the backseat but was
unsuccessful in doing that knowing I could possibly cause damage to the rear seat if not removed
properly. I did not notify a supervisor because I did not think this warranted a notification due to
no reported damage to the backseat while attempting to remove same.
During my shift I affected no arrests and did not place any subjects in my vehicle during
patrol. I also conducted a secondary inspection of 2K56 prior to the end of my shift with no
reported finding of contraband located in the vehicle. Additionally between the hours of 12am 5am I was the passenger in 2K54 with Trooper ROBERT STANTON as the driver.

Gen!. 7

NEW YORK STATE POLICE

MEMORANDUM
TroopJLStation
Date

SP East Fishkill
February 12, 2019

To:

Major RICHARD L. MAZZONE Troop Commander, Troop K

From:

Trooper MICHAEL BAYER

Subject:

PERSONNEL COMPLAINT - FOUND CONTRABAND

~

I was advised ofmy rights to representation pursuant to Article 16.2 of the PBA
contract by Sgt/SC BRIAN WILLIAMS on February 12, 2019. I am represented by my
PBA Delegate MAURICE COLEY and I provide the following written account.
At 7pm on Friday February 1, 2019, I operated marked state police patrol
vehicle 2K56 during my assigned "2" tour. Prior to going on patrol I visually inspected
the rear seat of 2K56 and physically checked its crevasses with negative results. I was
unable to remove the rear seat of 2K56 for inspection and was concerned about
potentially causing damage to it by exerting too much force upon it. I therefore lifted the
seat and inspected it with a flashlight spreading the back rest from the seat cushion to
conduct my inspection. The inspection was completed with negative results.
From 12am to 5am on Saturday February 2, 2019 Trooper JOHN DIRUSSO was
my passenger in 2K56. No one else was in 2K56 during my tour. At the end of my tour I
visually inspected the rear seat of2K56 and physically checked its crevasses with
negative results. I was unable to remove the rear seat of2K56 for inspection and was
concerned about potentially causing damage to it by exerting too much force upon it. I
therefore lifted the seat and inspected it with a flashlight spreading the back n,st from the
seat cushion to conduct my inspection. The inspection was completed with negative
results.
At 7pm on Saturday February 2, 2019 I operated marked state police patrol
vehicle 2K56 during my assigned "2" tour. Prior to going on patrol I visually inspected
the rear seat of2K56 and physically checked its crevasses with negative results. I was
unable to remove the rear seat of2K56 for inspection and was concerned about
potentially causing damage to it by exerting too much force upon it. I therefore lifted the

'\

.

'

seat and inspected it with a flashlight spreading the back rest from the seat cushion to
conduct my inspection. The inspection was completed with negative results.
From 12am to 5am on Sunday February 3, Trooper DIRUSSO was my passenger .
in 2K56. Trooper DIRUSSO sat in the front passenger se
urs. On
unda Feb ary 3, 2019 at approximately 2am I arrested
for 1192 (SJS
handcuffing her behind the back and double locking the handcuffs. Upon
into custody I searched her while simultaneously being cognizant of my
search limitations due to her sex. I searche~tilizing the back of my hand first
searching her waistline, ~ o c k e t s making her 2 front pockets inside out. I then
went from the bottom o ~ l e f t leg to her waist, then down to the bottom of her
right leg to her right foot. After checkingllllllllwaistan-alf I checked her left
ann, her back, her right ann, and her abdomen. After takin
into custody I placed
her in the'lisenger seat of2K56 and secured her with the seatbelt. During my
search of
and placement of her in 2K56 Trooper DIRUSSO conducted an
inventory of
vehicle. - w a s transported from the scene back to SP East
Fishkill in the rear passenger seat of 2K56 while trooper DIRUSSO sat in the front
passenger seat. No one else was in 2K56 during my tour. At the end ofmy tour I
visually inspected the rear seat of 2K56 and physically checked its crevasses with
negative results. I was unable to remove the rear seat of2K56 for inspection and was
concerned about potentially causing damage to it by exerting too much force upon it. I
therefore lifted the seat and inspected it with a flashlight spreading the back rest from the
seat cushion to conduct my inspection. The inspection was completed with negative
results.
At 7pm on Sunday February 3, 2019 I operated marked state police patrol. vehicle
2KS6 during my "2" tour. Prior to going on patrol I visually inspected the rear seat of
2K56 and physically checked its crevasses with negative results. I was unable to remove
the rear seat of2K56 for inspection and was concerned about potentially causing damage
to it by exerting too much force upon it. I therefore lifted the seat and inspected it with a
flashlight spreading the back rest from the seat cushion to conduct my inspection. The
inspection was completed with negative results.
I was the passenger in 2K54 from 12am to 5am on Monday February 4, 2019·with
Trooper DIRUSSO as the driver. No one else was in 2K56 during my tour. At the end of
my tour I visually inspected the rear seat of 2K56 and physically checked its crevasses
with negative results. I was unable to remove the rear seat of2K56 for inspection and
was c<>ncemed about potentially causing damage to it by exerting too much force upon it.
I therefore lifted the seat and inspected it with a flashlight spreading the back rest from
the seat cushion to conduct my inspection. The inspection was completed with negative
results. I did not notify a supervisor ofmy non-removal of the rear seat as I believed my
search would have detected any contraband and as previously stated was concerned about
damaging the rear seat upon its repeated removal,. I did not believe making a notification
would alleviate that concern.

Genl. 7

NEW YORK STATE

POLICE

MEMORANDUM
TroopJ:LStation

SP East Fishkill

Date______
F__e__b...,.ru...a__ry_1__2...,,__2._0...1...
9

,.

To:

Major RICHARD L. MAZZONE Troop Coi,amander, Troop.K

From:

Trooper JOHN DI RUSSO

Subject:

.J/

· PERSONNEL COMPLAINT.,.. FOUND.CONTRABAND

I was advised of my rights to representation pursuant to Article 16.2 of the PBA
contract by Sgt/SC BRIANWILLIAMS on Feb~ary 12, 2019. I am represented by my
PBA Delegate MAURICE COLEY and I provide the following written account.
On Friday February 1,2019, I worked a2 shift in my assigned vehicle.2K54.
~etween the hours.of 12am - 5am I was the passenger in 2K56 with Trooper BAYER as
the driver. At no point during my tour on Friday February l, did l search 2K56.
On Saturday February 2, 2019, I worked a 2 shift in my assigned' vehicle 2K54.
Between the hours of 12am-5am I was the passenger in 2K56 with Trooper BAYER as
the driver. At no point,during ,my tour on Saturday February 2, did I search 2K56. On
Februan.'. 3, durin the F e b r ~ i f t ) at approximat~ly 2:00am Trooper.BAYER
arrested
( S ) S - for DWI. Once myselfaµd-ro
er BAYER
safely placed
in
began to .conduct an inventory of
vehicle.
Trooper BAYER searched
and pla~ed her in the passenger side rear seat of 2K56.
After the completion of the vehicle inventory, I returned to 2K56 and sat in the front
passenger seat. - w a s transported in the rear passenger side seat in 2K56 to SP
EAST FISHKILL for processing. At no point after arrival at the barracks did I search or
check2K56.
On February 3, 2019, lworked a 2 shift in my assigned vehicle 2K54. Trooper
BAYER was my passenger from 12am:-5am. At no time during my 2 shift of February 3
was I in 2K56.
As previously stated, I did not search 2K56 for any contraband therefore never
attempted to remove the. rear seat of 2K?6 and never made any notificatio.ps of such.

h-1

,'

Gent 7

NEW YORK STATE POLICE

MEMORANDUM
Troop_!LStation
o·ate

SP East Fishkill
February 12, 2019

To:

Major RICHARD L. MAZZONE Troop Commander, Troop K

Fr:om:

Trooper ROBERT COSTA

Subject:

PERSONNEL COMPLAINT- FOUND CONTRABAND

@

I was advised ofmy rights to representation pursuant to Arti.cle 16.2 of the
PBA contract by Sgt/SC BRIAN WILLIAMS on February 12, 2019. I am represented by my
PBA Delegate MAURICE COLEY and I provide the following written account.
On Friday February I, 2019, I operated marked state police patrol vehicle
2K56 during my assigned "I" tour. At the beginning of my tour, I completed a GEN'L 44
Vehicle Inspection for 2K56. During the inspection, I visually inspected the rear seat of 2K.56
and physically checked' the crevasses for drug contraband or weapons with negative results. I
did this by spreading the rear seat and back cushion apart While running my hand between the
cushions to feel for anything and using a flashlight to visually inspect the crevasses. I was
unable to remove the rear seat of 2K56 during the inspection. I attempted multiple times to
remove the rear seat with negative results, I was concerned about potentially damaging the
vehicle by forcefully trying to remove the rear seat. I also visually checked under the front
driver's seat and passenger Seat by using a flashlight. No one else was in 2K56 for the
duration ofmy tour. At the end ofmy tour, I again visually and physically checked 2K56 for
contraband with negative results. I did this by spreading the rear seat and back cushion apart
whBe running my hand between the cushions to feel for anything and using a flashlight to
visually inspect the crevasses. I also visually chebked under the front driver's seat and
passenger seat by using a flashlight.
On'Sa.turday February 2, 2019, I operated marked state police patrol vehicle
2K56 during my assigned "l" tour. No one else was in 2K56 for the duration of my tour. At
the beginning of my tour, I searched 2K56 for drug contraband orweapons with negative
results. I did this by spreading the rear seat and back cushion apart while running my hand
between the cushions to feel for anything and using a flashlight to visually inspect the
crevasses. I also visually checked under the front driver's seat and passenger seat by using a
flashlight. At the end of my tour, I again visually and physically checked 2K56 for

contraband with negative results. I did this by spreading the rear seat and back cushion apart
while running my hand between the cushions to feel for anything and using a flashlight to
visually inspect the crevasses. I also visually checked under the front driver's seat and
passenger seat by using a flashlight.
On Sunday February 3, 2019, I operated marked state police patrol vehicle
2K56 during my '' l" tour. At the beginning of my tour, I searched 2K56 for drug contraband
or weapons with negative results. I did this by spreading the rear seat and back cushion apart
\.Vhile running my hand between the cushions to feel for anything and using a flashlight to
visually inspect the crevasses. I also visually checked under the front driver's seat and
~ s e a t by using~lt. At approximately 6: l5pm, I arrested
- o r 1192 ( S J S - Subsequent to my arrest I searched
an paced
him into ~assenger seat of2K56. I transportediiliiito SP Ea-st Fishkill. At no
time was~laced in the rear seat of2K56 or have access to the rear seat of2K56.
No one else was in 2K56 for the duration of my tour. At the end of my tour, I again visually
and physically checked 2K56 for contraband with negative results. I did this by spreading the
rear seat and back cushion apart while running my hand between the cushions to feel for
anything and using a flashlight to visually inspect the crevasses. I also visually-checked under
the front driver's seat and passenger seat by using a flashlight.
On Wednesday February 6, 2019, I operated marked state police patrol vehicle
2K56 during my assigned "t" tour. At the beginning of my tour, I searched 2K56 for drug
contraband or weapons with negative results. I did this by spreading the rear seat and back
cushion apart while running my hand between the cushions to feel for anything and using a
flashlight to visually inspect the .crevasses. I also visually checked under the front driveris
seat and passenger seat by using a flashlight. At approximately 12:30pm, l relayed 2K56 up
to Troop Headquarters for an antenna repair. I waited at Troop while NYCOMCO worked to
repair the antenna for 2K56. At approximately l :30pm, First Sgt. MATTHEW C.
SCHLOTTMANN advised me that NYCOMCO had located drugs under the rear seat of
.2K56.
Prior to going on patrol each day, and at the end of each tour, I visually
inspected the rear seat of2K56 including the crevasses by spreading the seat from the back
rest and using a flashlight to ch.eek the crevasses as well as physically feeling around with my
hand with negative results for any illegal drugs or contraband. I was unable to completely
remove the rear seat of 2K56 to check underneath. I did not notify a supervisor of my
inability to remove.the rear seat as I believed my search would have detected any
contraband and did not believe making a notification would alleviate the concern of
possibly damaging the rear seat of 2K56. On each occasion the inspection was completed
with negative results.

r

•
I

,·g••

NEW

YORK

STATE

State FORENSIC IDENTIFICATION UNIT
Police TROOP K
KEITH MiCORLETT

ANDREW M;.CUQMO
Goyemor

Acting Silpeiiritendent

lATENT PRINT REPORT

May 13, 2019.
FIU Case #:'i9.io1.
Agency Case it:.~;:3?9?c!
SP East FishkiH

Sgt/SC Brian Williams
·sp East Fishkill
'P,<;J. Bbx41
Stormville; NY .~2.582

TO:

SUBJECT:

NYSP · Complai~ant·
,2/6/2019

~

ltemfflD - One'.(l] sealed' plastii:,bag"_containing: ltem(s) for fingerprint.processing packaging
0

EXAMINATIONir.ONCLUSION:,

Item #iD.cpnslsts.ofca ~iese of wax•paper and a plastic baggie .. Item #iD was protesse~;v,itti'.b!ackpowder and visually
examined for friction.ridge impressions, with no.friction ridges-observed;

/CfL.1~0.30/2/,qr!lf{.<~r/oiiJ_\ . ,.,,

.

,..

.

_ . , .,

. •

,. ·.

,.

,_ .,,

,~ . ,

,

,

.

'I. Shannan M: Altiert.;'.lfll/esflg_atOr~ hereby :cetti,(j, that_l. am o_publluervanrand,a jlngerprlnue,hnlclan'l,rrthe.·.empfay of-t,he~flew,•_rotk State P,.,flce,,_a~d tho_r I

'petfotmed an exOin1tiOi1on:~ri the ~bOVe:reJeieifced._e,vldenC~. 'T/Je above fep·on·con,Q1nS "ihe reS'uits OjiJif i~ii'minOt1dn iptdoti1,t)',pt!ifOrmiiiJ.t,rid _ls'th1iOitglndl
report

01 m~ emmtl10~~

.'

- .

Sh1?rincin ~ Al~e-l't'

Mlchae

"

~~,#@~T'
:Investigator
Lateri!Jijih'f Ex~~1~ef

·

··

'

enlor Investigator

~atenf Prlrit.~~mlner

*

.

,.

,,

•

'

r '
•

•

NEW YORK STATE POLICE

MEMORANDUM
TroopKStation SP Poughkeepsie

Date,_ _ _ _____.M=ay"--=2-"'0,,_,2.,,0:.:1~9

To:

Major Richard L. Mazzone, Troop Commander, Troop K

From:

Sergeant Nicholas S. Gallipani 1 v5?

Subject:

PERSONNEL COMPLAINT - FOUND CONTRABAND

On February 6, 2019, I was working a scheduled llC out of SP Poughkeepsie. At
approximately 2:00 pm, I was in SP Poughkeepsie's patrol room when I was advised by First
Sergeant MATTHEW C. SCHLOTTMANN that drugs were discovered in a marked patrol car
2K56. JOHN L. ZELKER, a NYCOMCO employee had discovered drugs underneath the rear
seat of 2K56 while running a radio antenna line in Troop KAMI. I was instructed by First
Sergeant SCHLOTTMANN to take the drugs into evidence.
In Troop KAMI, ZELKER showed me where the drugs were in 2K56. I took possession
of said drugs and placed them in an evidence bag. I then completed a General 2 and General 40
and placed the evidence in SP Poughkeepsie's uniform evidence locker.

New York State Police

GENL-~4f,B)

Page 1 of 1

• s1)ePiOBTING. DEPOSITION (CPL§ 100.20)
Ti!iE PEOPLE OF THE STATE OF NEW YORK.

vs

DEFENDANT(S)

LOCATION OF INCIDENT:

LOCATION OF DEPOSITION:

STATE OF NEW YORK, _L~O~C~A_L~C~R=IM=IN=A~L~ COURT

STATE OF NEW YORK
COUNTY OF -----~D~U~T~C~H=ES~S~_ _ _ __,

COUNTY OF -----~D~U~T~C"-'H-"E"'S"-'S'--------,
TOWN

On

I DAT~5/20/19

OF

TOWN

PLEASANT VALLEY

0 AM I,
I al ~-----□-P_M__,
TIME STARTED:

I FULL NAME,

OF

PLEASANT VALLEY

MICHAEL R. THOMSON

STATE THE FOLLOWING:
On February 6, 2019 I was working at Troop K Headquarters AMI. NYCOMCO employee John L. Zelker was at AMI to
replace the antenna line for the radio antenna in 2K56 which runs under the rear passenger seat. Al approximately
1:50pm John L. Zelker notified me he had found a bag a drugs under the rear seat of 2K56. I immediately contacted
Troop K First Sergeant Matthew Schlottmann.

L

NOTICE
(Penal Law Sec. 210.45)

lieve to be true has committed a
In a written instrument, any person who knowingly makes a false statement which such person
crime under the laws of the state Of New York punishable as a Cla A ~•u~""
Affirmed under penalty of perjury

this - - - - day of

MONTH

, 20

- or -

*Subscribe~ and Sworn to before me

this ____ day of - - - - - - ,20
• This form need be sworn to only when specifically required by the court.

(SIGNATURE OF DEPONENT) - MICHAEL R.
THOMSON
{WITNESS)
I TIME ENDED
(NAME OF PERSON TAKING DEPOSITION)

□ AM
□ PM

Troop Order 2018

KO# 18-02

Subject:

INSPECTION AND SECURITY OF DIVISION PATROL VEHICLES

From:

Ma4or Richard L. Mazzone, Troop Commander, Trooo

Attn:

All Trooo "K" Members

Kt

Issued:

11/20/18

,~Pa~g~e~1~o~f~1.'.-_ _ _ _--J

1

T, "1--

Reference is made to the above captioned subject and associated NYSP
Member's Manual Article 5Cl(a, b) pertaining to a driver's daily vehicle
inspection and operation of uniform patrol vehicles.
Recent incidents
involving the discovery of contraband conc~aled under and around the rear
seats of patrol vehicles have prompted a review of how inspections of
Di vision patrol vehicles will be conducted.
Effective immediately, all
Members utilizing a patrol vehicle for any purpose, will carefully raise
and/or remove the rear seat and visually check the area underneath the seat
as part of their daily vehicle inspections.
This can be accomplished by
pulling upward against the· rear seat latches to release them "(depending on
the make/model of the patrol vehicle). ~dditionally, the inspection of the
back-rest area of the seat and associated seatbelt anchor point locations
that are not removable, should be viewed with a flashlight or similar device·
to ensure that no contraband or weapons are secreted behind those areas. To
date, all marked patrol vehicles in our fleet are designed to have the rear
seat portion removed or positioned for access for these purposes. Please be
mindful not to damage any of the vehicle components that may be housed under
the rear seat area of these vehicles. Any incidents of rear seating that
appear to be unable to be safely removed or lifted out of the viewable area,
should immediately be brought to the attention of a station supervisor for
follow-up and determination on how to rectify the issue.
Members are
reminded that patrol vehicle inspections will occur prior to the start of
their tour or operation of that vehicle and subsequent to the transport of
any non-Division member in that vehicle.
In addition, during the monthly patrol vehicle inspection conducted by
the vehicle MIC in accordance with NYSP Member's .Manual Article 11L4 (a, b),
the required officer safety check for deadly weapons/dangerous instruments
conducted on the vehicle's interior will include the removal of the rear
seat and search underneath it. The corresponding Genl. 44 will include the
comment "rear seat removed" in the comments/remarks section to denote the
action taken. The quarterly supervisor's verification will require the same
action to be· taken.

I