The incident between off duty New Rochelle Police Detective Michael Vaccaro and Malik Fogg, that includes recently released video, has resulted in both support for the officer and outcry for his actions. Westchester DA Mimi Rocah charged Vaccaro with attempted third-degree assault after the June 15 incident, in which Vaccaro, after witnessing Fogg in a heated argument with his mother, pulled over and called for backup.
An agitated Fogg did not back down to Vaccaro, resulting in Fogg preparing to swing at Vaccaro, but while being held back by another NRP officer, Vaccaro swings at Fogg, landing a punch to his face which has been characterized as a sucker punch.
Vaccaro also kicks Fogg as more NRP officers arrive and places his knee on Fogg’s head while he is placed under arrest. One of the officers is heard saying “Mike relax” in response to Vaccaro’s actions. During the video, Fogg is at first baiting Vaccaro into a fight, but later on after being held down by several officers, is asking them to “ease up” after he is handcuffed but still being restrained by three officers.
The video was taken by a witness and obtained by the Westchester DA, who released it to the public. Another video from the gas station where the incident took place, shows Fogg chasing and smacking a car driven by his mother. Fogg then goes after Vaccaro when he sees Vaccaro recording the confrontation between Fogg and his mother. Fogg then chases Vaccaro’s car, resulting in Vaccaro pulling over and violently helping place Fogg under arrest.
Members of Westchester law enforcement and police unions have supported Vaccaro’s actions before the video was released to the public, and after. Keith Olson, President of the Affiliated Police Associations of Westchester said, “The suspect prepares to punch him. Vaccaro punched him first, and we’re allowed to do that. Cops are not punching bags for the public.”
New Rochelle PBA President Detective Christopher Greco also supported Vaccaro after the video was released.”If Officer Vacarro swung at this guy three times and Officer Vacarro went to kick him one time, and this individual was armed with a gun, took out that gun and shot Vacarro, would we be having this conversation? Probably not.”
Oppositon to Vaccaro’s actions included a statement from Congressman Jamaal Bowman said, “While the responding on-duty officers acted appropriately to restrain Officer Michael Vaccaro, his actions while acting as a civilian were unacceptable. That sentiment was echoed by the New Rochelle Police Department’s subsequent suspension of Officer Vaccaro and the ensuing referral to District Attorney Mimi Rocah’s office. To that end, I am in full support of District Attorney Rocah as she carries out her duty to Westchester County.”
“Police have a place in our community, but that place isn’t to act as vigilantes when they are off the clock. Video footage of the incident in question shows that Officer Vaccaro was acting in anger, in rage, and not in the interest of the law or our greater community. If any member of our district acted in that same manner, they would be facing the same charges that Officer Vaccaro is facing today,” said Rep. Bowman.
Julie Davis Carran, from Westchester Coaltion for Police Reform, said, “It looked as if Detective Vaccaro was intruding on a situation where he didn’t belong and kept intruding, even after the on-duty officers were there, and that he was abusive,”
Two candidates for County Legislator had two completely different takes on the video. County Legislator Damon Maher, who represents New Rochelle, said, “The only place where I have found the complete video of the incident involving the off-duty officer recently charged by the DA is in scrolling down in this online report:
“the video footage in which he (Vaccaro) swings around and sucker-punches a man already under control and being cuffed, then kicking at his head and having his own mini-Derek Chauvin moment in mashing the civilian’s face into the pavement — because the civilian yelled at him — is enough for immediate termination from employment with the City in my book. Aside from the direct personal wrong done to this civilian, consider the fact that nearly every instance of violent urban uprising is ignited by an incident of police brutality. We can thank our luck in New Rochelle that this incident didn’t occur on a crowded street corner in the middle of a hot summer day. It is much too risky to have a man like this in the NRPD. He is a ticking time bomb and I shudder to think what might have happened if he had his weapon with him,” said Maher.
Maher’s opponent, republican Anthony Giacobbe, said, “I fully support the statement by New Rochelle PBA President Christopher Greco. Once again, our law enforcement has been sent a politically motivated message. This type of anti-law enforcement rhetoric by our elected officials must end immediately. They are sending a very clear message that they support criminals over law enforcement. They are putting both our police and citizens in danger. Handcuffing our police will lead to more violence in our streets.”
Fogg was arrested and charged with second-degree reckless endangerment, third-degree stalking and fourth-degree criminal mischief and second degree harrassment, all misdemeanors.
