City Council, de Blasio come to agreement on police search reform bills

Dear CEA Member,

Today, the Bronx District Attorney unsealed a criminal indictment against a Patrol Borough Bronx Duty Captain charging Official Misconduct and Obstructing Government Administration. The charges stem from actions related to his investigation of an off-duty incident on April 23, 2017.

This criminal indictment is completely without merit and is a perversion of the prosecutorial authority given to the Bronx District Attorney.

There are certain unquestioned facts of this case that further our outrage at this unprecedented indictment.

On April 22, 2017 an off-duty NYPD Detective was involved in a minor car accident in the confines of the 46 Precinct. At 2136 hours a 911 call resulted in the response of a sector car and patrol supervisory response. The PBBX Duty Captain under indictment was assigned to the 1st Platoon and began his tour at 2300 hours in the 40 Precinct. Some time into his first hour of duty, the Duty Captain received a call from a uniformed supervisor in the 46 Precinct informing him of the incident. Official action had not been taken against the off-duty detective at this time. The Duty Captain directed the supervisor to transport the off-duty Detective to the 45 Precinct for an Intoxilyzer Exam. The Duty Captain also responded to the 45 Precinct to further his investigation. Some time after the required observation period by Highway testing officer an exam was given. The results of the examination and observation of the Duty Captain led to the off-duty Detective being suspended from duty and arrested for Driving While Intoxicated. Later conferral with the Bronx District Attorney’s Office received feedback that the results of the Intoxilyzer Exam was deemed insufficient for a prosecution.

The off-duty Detective has been previously completely unknown to the Duty Captain.

The Bronx District Attorney asserts that the time delay between the original police response and ultimate alcohol testing of the off-duty Detective is a criminal violation of Department directives. Shockingly, the Bronx District Attorney assigns criminal liability and an indictment against the PBBX Duty Captain - who was not even on duty at the time of the incident and initial investigation!

There are so many facts and details to this case that make the action of the Bronx District Attorney even more obscene and totally without basis. These facts will come out as we seek a full exoneration of the Duty Captain in a criminal trial.

Fraternally,
Roy Roy T Richter
President
NYPD Captains Endowment Association
(212) 791-8292