By Dan Murphy
Any political honeymoon that existed between Westchester District Attorney Mimi Rocah and members of Westchester County Police Unions ended last week when Rocah’s office charged New Rochelle Police Officer Michael Vaccaro with third-degree attempted assault for actions that took place on Feb. 15.
Vaccaro, a 16-year veteran of the force, was off duty when he saw a Mount Vernon man harassing and threatening his mother on Main Street. Vaccaro pulled over and intervened on behalf of the woman, only to have the man turn his rage on Vaccaro resulting in a call for backup, and then, varying accounts of what happened next.
Vaccaro’s attorney, Brendan Quinn, said that “When on-duty NRPD officers arrived, Detective Vaccaro assisted them in placing the belligerent and violent suspect under arrest before he could harm anyone else,” adding that a video shows Vaccaro using “reasonable and justifiable force.”
DA Rocah stated, “We have evaluated the evidence – including a review of police reports, video surveillance, a cellphone video recording, and recorded calls made to NRPD – and determined that Vaccaro’s actions warrant charges of attempted assault in the third degree, given the repeated physical blows and the fact that other uniformed police officers had the suspect and the situation under control at the time.
“It is important to note that other NRPD officers who were present at the scene acted appropriately and attempted to stop Vaccaro’s actions. We are committed to ensuring the integrity of law enforcement personnel and to holding everyone accountable for their actions, including police officers when warranted,” said Rocah.
Vaccaro’s arrest resulted in strong comments and rebuttals of Rocah from Westchester Law Enforcment. Det. Chris Greco, president of the New Rochelle PBA, called Rocah’s actions “a politically motivated referral, politically motivated arrest and continued attack on law enforcement.” He also accused the DA of “hunting cops” while ignoring crime victims.
“The Westchester County District Attorney has sent a clear and extremely risky message to all of law enforcement in Westchester County – that the DA will personally decide what is acceptable and what is not, rather than determine what is lawful and what is not,” Greco stated. “Officer Vaccaro, who was ‘off-duty,’ observed and intervened in a violent domestic dispute when he lured an out of control suspect away from his intended victim (his elderly mother) and provided her an opportunity to flee to safety,” Greco wrote in a statement.
“During this incident, the suspect turned his rage on Officer Vaccaro. Officer Vaccaro, now acting in an “on-duty” capacity, called for backup, identified himself to the suspect as a police officer and was repeatedly threatened with violence by the suspect. The suspect ignored police commands and when New Rochelle Police Officers went to arrest the enraged suspect, he attempted to punch Officer Vaccaro, causing him to defend himself,” said Greco.
Rocah responded to Greco’s comments, saying, “While the New Rochelle PBA is entitled to its view of the facts, there is no place for the type of inflammatory and irresponsible language used which crosses a dangerous line. I have a long history of working with and strongly supporting law enforcement and work with them every day to keep Westchester safe.
“But no one is above the law, and in those rare and unfortunate cases where the facts and law warrant bringing charges against an officer, my office will do its job – just as the NRPD did its duty in suspending the officer and referring the case to us for investigation,” said Rocah.
Vaccaro has been suspended by the City of New Rochelle for 30 days over the incident, calling his actions “inappropriate.”
Other Police Unions and Associations condemned Rocah’s actions. Lt. Nicholas Mastrogiorgio, president of the Mount Vernon Police Association, called Rocah’s actions “out of control,” adding, “The DA Mimi Rocah should be ashamed of herself. Punishing good cops for doing their jobs will lead to good cops not getting involved or hesitating to act. That will lead to a decrease in public safety and Police Officers being at risk of being hurt.”
In April, Rocah has called on the U.S. Department of Justice to investigate the Mt. Vernon Police Department for what she called “disturbing allegations of patterns of inappropriate and potentially unlawful conduct.”
Yonkers PBA President Keith Olson, who is also the President of the Affiliated Police Associations of Westchester called Rocah’s arrest of Vaccaro “outrageous.”
“Sadly, Det. Vaccaro has been caught in the crossfire of an agenda-driven District Attorney and a politicized criminal justice system. In her misleading and inflammatory CNN Op-Ed, written months ago, D.A. Rocah ominously wrote about “vigorously pursuing” the prosecution of police officers, specifically those involved in “off-duty road rage incidents.” It is clear that her mind was made up months ago and that the decision to charge Det. Vaccaro was not based on any true “evaluation of the evidence,” as the District Attorney’s Office claims.
“In fact, Rocah’s office made NO attempt to interview Det. Vaccaro. This ridiculous decision contradicts the most basic tenets of conducting a true, fair and impartial investigation. At the same time of her Op-Ed, D.A. Rocah Tweeted “Let’s go” in referencing the prosecution of police officers. Unfortunately, we have yet to see the same vigor from the D.A. when discussing the prosecution of violent gang members, sex offenders or any other actual criminals.
“Det. Vaccaro’s actions in dealing with a violent and aggressive suspect were clearly justified and reasonable. This statement is supported by video evidence and eyewitness testimony. The decision to arrest this decorated, veteran police officer was disgraceful and only works to undermine a crucial relationship between police officers and the prosecutor’s office. Recklessly damaging this much-needed partnership while violent crime is skyrocketing throughout New York State, and the country, is frustratingly dangerous. We look forward to the full vindication and exoneration of New Rochelle Police Det. Michael Vaccaro. In the meantime, police officers from every corner of our county will continue to risk their lives while protecting our communities,” said Olson.
