SCHENECTADY City police face two lawsuits Claims relate to separate arrests BY STEVEN COOK Gazette Reporter Reach Gazette reporter Steven Cook at 395-3122 or scook@dailygazette.com.
A man arrested in the aftermath of a reported brawl following a Schenectady High football game last year has fi led suit against the police department alleging excessive force and false arrest, among other claims. The suit, filed last week in U.S. District Court in Albany by Steven DeVarnne, is one of two new suits filed against the department. In the second suit, fi led recently in state Supreme Court, Henry Epps alleges battery and negligence by city police as he was placed under arrest last November. In the federal suit, DeVarnne alleges officers used excessive force on him and falsely arrested him Sept. 4, 2009, outside Schenectady High School. The alleged excessive force resulted in DeVarnne suffering a broken arm, his attorney Kevin Luibrand said Thursday. An account included in DeVarnne’s notice of claim against the city alleges officers prevented De-Varnne from reaching his car and forced him to the ground. “While [DeVarnne] was down on the ground in custody, a police officer of the City of Schenectady proceeded to hold [DeVarnne’s] hand behind his back and struck [DeVarnne’s] arm with a nightstick causing a displaced fracture of [DeVarnne’s] arm and causing a possible separate non displaced fracture to the same arm,” the notice reads. In the second, unrelated suit, Epps alleges that police deprived him of his civil rights when he was arrested Nov. 6, 2009. Epps alleges that he was already compliant, subdued and in handcuffs when officers injured him “by forcibly yanking” on the handcuffs, according to the complaint. Epps suffered injuries to nerves, tendons and ligaments of his right arm and hand and needed surgery, according to the Epps notice of claim. Epps is being represented by attorney Nicholas Grasso. He could not be reached for comment. Acting City Corporation Counsel Al Goldberger said Thursday the city is aware of the complaints and they are in the hands of the city’s insurance company. City Public Safety Commissioner Wayne Bennett said he was not familiar with the cases and couldn’t comment. ...............>>>>..............>>>>.............................http://www.dailygazette.net/De.....r01201&AppName=1
Federal gun case stalls sentencing of fired cop By PAUL NELSON Staff Writer Published: 12:00 a.m., Saturday, October 9, 2010
SCHENECTADY -- A fired city cop pleaded guilty Friday to a misdemeanor drunken driving charge, but a frustrated visiting Schenectady County Judge Frank Milano agreed to delay sentencing in the case and a computer-tampering felony because of an unresolved federal gun case.
Lewis, 41, is now scheduled to return to county court Nov. 30 for sentencing, although it could happen sooner if his federal court sentencing on the gun case in Utica takes place before then.
Defense attorney Michael Horan explained Friday that he was requesting another adjournment because he feared his client could get a few months more federal prison time if he were to be sentenced on the state charges first.
In July, Lewis agreed to plead guilty to the computer tampering for using a former girlfriend's computer to hack into his ex-wife's e-mail accounts in 2008 and drunken driving in January in exchange for a penalty of one year each to run concurrently. He also promised he would plead guilty to a federal weapons offense for having a fallen comrade's gun in 2009 when he was banned by a order of protection from having a weapon. By law, he should have surrendered the gun...................>>>>.......................>>>>.................http://www.timesunion.com/default/article/Federal-gun-case-stalls-sentencing-of-fired-cop-694819.php
Former Police Chief Kaczmarek out of prison SCHENECTADY — Former Schenectady Police Chief Gregory Kaczmarek is now officially a free man, a state offi cial confi rmed Friday. Kaczmarek was released at 10:12 a.m. Friday from the Mid-State Correctional Facility, a medium security prison outside Utica, a state Department of Correctional Services spokeswoman confi rmed. Kaczmarek, 58, who spent 27 years in law enforcement, six as Schenectady’s police chief, had been in custody since his February 2009 sentencing. His sentence was to run through Sunday, but weekend release dates are moved up to the Friday before. Kaczmarek was sentenced to two years in state prison for his role in a local drug ring. He received standard time off for good behavior, getting out before his maximum release date of Jan. 31. Kaczmarek had no recorded disciplinary problems, offi cials said, and was released at the earliest date possible. He had pleaded guilty to one count of third-degree criminal possession of a controlled substance. He admitted to possessing cocaine with intent to sell it Feb. 2, 2008.
Well, if the ex-Chief wants to visit his old stomping grounds, many of his fellow officers are still on the force and the neighborhoods haven't changed much. There hasn't been any stings or sweeps of the drug dealers in Schenectady, so he'll probably get right back in the swing of things...oh, well, he'll have more places(nicer places) downtown to conduct business....but since he's been locked up, Schenectady really hasn't changed for the better.
Can't believe a police Chief who sold drugs doesn't even spend 2 years in jail!! Now that's a crime.
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