NEW ROCHELLE, NY — The City of New Rochelle has issued the following statement:
The New Rochelle Police Department has concluded the internal investigation into the officer-involved shooting of Kamal Flowers last spring. The investigation determined that there were no violations of departmental rules, policies or procedures.
The attached documents include statements from the City Manager and Police Commissioner. Also included are the disciplinary records for Officer McKenna. Officer McKenna remains on administrative leave.
Officer Alec McKenna joined the New Rochelle Police Department on July 29, 2015. During his tenure on the force, he was never accused of nor found to have engaged in using inappropriate or excessive force.
As the released records indicate, in December 2019, Officer McKenna was given a Command Discipline and forfeited five days of leave following and investigation of several technical infractions of the New Rochelle Police Department Rules and Regulations Manual of Procedure. The investigation of the procedural violations was initiated by Officer McKenna’s supervisors as part of “quality assurance,” in which the department closely monitors the actions of relatively new officers. The infractions include failing to impound an unregistered vehicle, allowing an unregistered driver to leave the scene, failing properly log a stop/frisk, and allowing a driver who failed a sobriety test to walk away from the scene.
Officer McKenna agreed to the discipline, and the five days were forfeited. Officer McKenna also forfeited two days as a result of a minor infraction for failing to properly maintain his memo book.
He is also the recipient of a Class C Citation, six Commendation Awards, one Life Saving Award, and was Police Officer of the Month in January 2018 and March 2018.
STATEMENT FROM CITY MANAGER CHARLES B. STROME, III
As most of us are aware, the shooting death of Kamal Flowers was investigated by the New York State Police and the Office of the Westchester County District Attorney. The City of New Rochelle cooperated fully in those investigations. The matter was referred to a Westchester County Grand Jury to determine if criminal charges should be brought against the New Rochelle Police officers involved in this incident. The Grand Jury voted not to bring charges against the officers.
While the probable cause standard used by a Grand Jury to determine if someone should be indicted is extremely low, and the City could have relied on that finding in concluding that there was no improper action by police personnel, the City of New Rochelle has nonetheless conducted a comprehensive review of this matter to determine if there were any violations of the policies and procedures of the New Rochelle Police Department by any New Rochelle Police personnel. This assessment included a review of all available information and evidence, interviews with police personnel who were at the scene, as well as other witnesses. The City’s Police Commissioner is responsible for determining if disciplinary action is warranted. He is issuing a statement today which concludes, after he reviewed all relevant factors and evidence available to the Internal Affairs Unit of the NRPD, that there were no violations of the rules, policies or procedures of the Department by any New Rochelle police personnel.
There have been requests for the release of certain personnel records for the officer involved in the shooting. The City of New Rochelle Police Department maintains strict standards for discipline and officers can be disciplined for even minor rules violations. This is done to maintain the integrity of the Department and ensure that when there are violations, corrective action is taken. Legal restrictions established by State law and pending court cases have precluded the City from releasing such information prior to this time. The termination of the Grand Jury investigation of this incident and changes in the law governing police personnel records, including recent court decisions on that subject, now permit the City to release certain records. Due to the seriousness of this matter and the need for the public to maintain confidence in its police department, the City is releasing more records than it is legally required to. Other police personnel records remain subject to legal restrictions, including protections for police officers and witnesses, and, based upon the advice of counsel, will not be released at this time. As the law is clarified in this area by the courts and State agencies the City will continue to determine if more records can be released. The records released today include all disciplinary records pertaining to the Officer involved in the shooting where there was a finding of a rules’ violation, including several that are of a minor or technical nature where their disclosure is not required by State law. We have done so in the interest of transparency.
STATEMENT FROM POLICE COMMISSIONER JOSEPH F. SCHALLER
The New Rochelle Police Department has completed its internal investigation into the death of Kamal Flowers on June 5, 2020. The purpose if the investigation was to determine whether any of the Department’s officers involved in the incident committed any violations of the Department’s policies and procedures during the incident. The entire incident was thoroughly investigated; and, it has been concluded that none of the officers involved in the incident committed any violations of the Department’s policies and procedures.