Fired New Rochelle detective who punched unarmed Black man sues city to be reinstated
Former New Rochelle Det. Michael Vaccaro has sued the city over its decision to fire him following an off-duty encounter where he punched an unarmed Black man.
Vaccaro was let go from the police department in September by Commissioner Robert Gazzola, acting on a decision from a civil hearing officer who had recommended his ouster.
In 2021, Vaccaro, while off duty, observed Malik Fogg at a gas station, apparently having a dispute with a third party, reported to be his mother. Vaccaro took out his phone to record the incident, which he claims angered Fogg. As Vaccaro drove off, he says Fogg pursued him, which led to their confrontation.
A uniformed officer separated Fogg from Vaccaro, but Vaccaro continued to follow them as they proceeded down the sidewalk. Vaccaro then repeatedly punched Fogg in the head. Another uniformed officer joined the scene and pointed his Taser at Fogg, who was arrested.
Vaccaro was charged by the Westchester County District Attorney with attempted assault in the third degree, though he was acquitted of the charges at trial.
Nevertheless, the civil hearing officer overseeing Vaccaro's disciplinary case found that he engaged in misconduct by throwing punches at Fogg. A disciplinary case involves violations of departmental policies and uses a different standard of proof than in a criminal case.
"The use of physical force by Respondent Vaccaro was objectively unreasonable and simply not warranted given all of the facts and circumstances known to Respondent Vaccaro at the time," hearing officer Eileen Powers wrote. "Moreover, the physical attacks by Respondent Vaccaro were also unjustified and constituted an attempted assault and Harassment under the New York State Penal code."
Vaccaro argues in his lawsuit, filed in December, that Powers displayed a "palpable bias" towards him throughout the hearing. He says Powers "openly displayed disdain" for himself and his witnesses, and made various rulings in favor of the police department "while refusing to sustain a single objection" from Vaccaro's legal team. He says his use of force was justified, claiming that Fogg was about to attack him.
He also argues that Gazzola held him to an artificially high standard when acting on Powers' recommendation to fire him.
"This is simply a wholly incorrect application of the legal standard to be applied in cases alleging the use of excessive force," Vaccaro's lawsuit said.
Because of his termination for cause, Vaccaro has been decertified by the Division of Criminal Justice Services, a state agency that oversees police training, preventing him from seeking employment as a law enforcement officer elsewhere.
Asher Stockler is a reporter for The Journal News and the USA Today Network New York. You can send him an email at astockler@lohud.com. Reach him securely: asher.stockler@protonmail.com.
This article originally appeared on Rockland/Westchester Journal News: Fired New Rochelle detective who punched Black man sues city
