WHITE PLAINS, NY — Westchester County District Attorney’s Office Mimi Rocah, under fire from the New Rochelle PBA and many other police associations, has disseminated court materials related to charging documents pertaining to New Rochelle Police Detective Michael Vacarro who is facing Attempted Assault – 3rd Charge related to an incident on February 15, 2021.
In the complaint filed by the Westchester County District Attorney’s Office, Vaccaro is charged with two counts of Attempted Assault – 3rd.
Malik Fogg was arrested by the NRPD in the vicinity of 635 Main Street on February 15, 2021, for Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and various New York State Vehicle and Traffic Law violations.
Stacia Fogg, the mother of Malik Fogg, alleged that while she was driving, her son attempted to strike her car with his black Jeep Grand Cherokee.
Surveillance footage from a SuperGas station located at 720 Main Street (at the intersection of Woodland Avenue), in New Rochelle (SuperGas), obtained by the NRPD during the course of its investigation, recorded the interaction between Malik Fogg and Stacia Fogg.
At approximately 12:37 PM on February 15, 2021, a white Acura sedan arrived at SuperGas and parked at a gas pump. At approximately 12:41 PM, a white Jeep Grand Cherokee followed closely by a black Jeep Grand Cherokee entered the SuperGas parking lot from Woodland Avenue. Both vehicles parked side-by-side within the parking lot along Main Street. Malik Fogg then exited the driver’s side of the black Jeep, walked toward the white Jeep, and hit the white Jeep’s windshield with the open palm of his right hand. The white Jeep driven by Stacia Fogg then departed from the SuperGas parking lot and Malik Fogg walked back to the black Jeep.
Prior to entering the driver’s side of the black Jeep, Malik Fogg directed his attention to the white Acura. As Malik Fogg walked quickly toward the white Acura Vaccaro quickly departed from the gas pump onto Main Street striking Malik Fogg and striking another vehicle stopped at the traffic light on Main Street.
Vaccaro drove his white Acura onto Woodland Avenue from Main Street stopping on Woodland Avenue. When Fogg approached Vaccaro’s vehicle again Vaccaro drove down Woodlawn.
Fogg returned to the driver’s side of the black Jeep and pulled out of the SuperGas parking lot onto Woodland Avenue.
Vaccaro called NRPD and said: “Yo, send somebody to 719 Main Street, you got some guy that just tried to come after me and … Yeah, some guy, they were fighting … Nah, he came after me, there was a dispute and I was recording him and he fucking, he came after me, I just got into an accident … Mike Vaccaro.”
During a subsequent second call Vaccaro said: “Yeah I’m off duty. You got this guy following me, he’s coming after me, send somebody over here … West Junction, West Junction. Mike Vaccaro … You got a black Jeep Cherokee, he fucking-he just tried to crash into me … Now we’re going down Pintard, down Pintard, he’s coming after me.”
NRPD Internal Affairs obtained video footage of Malik Fogg’s arrest in the vicinity of 635 Main Street, in New Rochelle, which was captured on a cellphone by a witness and was obtained by the NRPD during the course of its investigation.
Lieutenant Neil Reynolds of NRPD Internal Affairs told the Westchester County District Attorney’s Office that the individual observed in the footage exiting the white Acura in the vicinity of 635 Main Street at approximately 12:44 PM is Vaccaro.
A uniformed officer, Police Officer Matthew Velasco, arrived in the vicinity of 635 Main Street and approached Fogg who was walking northeast on Main Street toward a white Acura, the defendant’s vehicle. PO Velasco directed Fogg to the sidewalk and away from the defendant’s vehicle and pushed him backward down the sidewalk. The defendant exited his vehicle and followed behind PO Velasco and Fogg. As PO Velasco walked with Fogg down the sidewalk, Fogg yelled profanities at the defendant and stated that the defendant “had no right to record” him.
PO Velasco placed Fogg against the rear of a parked vehicle and attempted to restrain Fogg by pulling Fogg’s hands behind his back. Vaccaro approached Fogg, grabbed Fogg’s left arm, and struck him on the head two times with a closed fist. Vaccaro attempted to strike Fogg with a closed fist a third time, missed, and made contact with the parked vehicle Fogg had been placed against by PO Velasco. At this time, a second uniformed officer, PO Scott Wallach, arrived to the scene. As Fogg pulled to move away from Vaccaro, Vaccaro followed and kicked his leg in the direction of Fogg’s body. PO Velasco pushed Vaccaro into the street, away from Fogg, and PO Wallach pushed Fogg onto the sidewalk, at which time Fogg raised both of his hands into the air.
PO Wallach drew his taser and pointed it at Fogg. In response, Fogg lowered himself to one knee on the sidewalk. Once PO Velasco was able to place Fogg’ s arms behind his back, Vaccaro approached Fogg, grabbed Fogg’s head, and used both hands to force Fogg’s head into the sidewalk for approximately twelve seconds
As additional uniformed officers arrived to the scene, PO Velasco looked at the person recording cell phone video, turned towards Vaccaro and said “back off”. Vaccaro released Fogg and walked away from the person recording cell phone video.
Vaccaro continued a verbal altercation with Fogg saying “you kicked some girl’s car, bro…you fucked up”. As Fogg complained about Vaccaro recording him, Vaccaro said “shut the fuck up” then “you wanna fucking —- your ass?”
After Fogg was taken into custody, Vaccaro stated in substance “I fucking hit him in the face” and “Dude, I’m not going to lie to you, I fucking hit him.”
There are three audio/video records: a cell phone video from a passerby, CCTV from the Gulf Express CCTV cameras, audio of radio dispatch and radio calls.
The cell phone video (video #1) ends any question of Vaccaro’s culpability in the matter. Vaccaro can be seen throwing three punches, two of which strike Malik Fogg in the face. Vaccaro then attempts to kick Fogg in the face. Finally, after a uniformed officer draws his taser and threatens to tase him, Malik Fogg takes a knee, at which point Vaccaro grabs the Fogg’s head and shoves Fogg’s face into the pavement.
“Vaccaro, who was off-duty at the time of the incident, witnessed a domestic dispute involving a Mount Vernon man (Malik Fogg) and his mother (Stacia Fogg). Uniformed NRPD officers subsequently responded and while they were taking the man (Malik Fogg) into custody, Vaccaro physically inserted himself into the arrest by striking the man (Malik Fogg) multiple times with his fist, attempting to kick him, and pressing his face into the pavement,” said DA Miriam E. Rocah.
The NRPD determined that Vaccaro had acted inappropriately, suspended him for 30 days, and referred the case to the Westchester County District Attorney’s Office for further review.
“The WCDA 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,” said Rocah.
A spokesperson for the Westchester County District Attorney’s Office said, “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.”
A 16-year veteran of the New Rochelle Police Department, Vaccaro has one of the worst disciplinary records in the history of the New Rochelle Police Department. Vaccaro has been the subject of 17 Internal Affairs Investigations resulting in 9 Letters of Reprimand, the Loss of 15 Leave Days, a 10 Day Suspension, as well as an order to undergo Retraining based on a Civilian Complaint in 2020.
The incident on February 15, 2021 began with a phone call to the New Rochelle Police Department. A woman identifying herself as a friend of a woman whose son is “chasing her in New Rochelle”, the friend said “he’s going to make her crash” and “he’s a sick kid”, “he’s running into her car saying he’s going to hurt her”.
The woman provides a mobile phone number of her friend and a call is placed by NRPD Dispatch to the friend. While the call is being placed the friend says “a guy in the car pulled up behind her, started a high speed chase”. The dispatcher says “what?”
The woman (Stacia Fogg) picks up the call from NRPD and says “My son is not well”. The woman says her location is near Juliano’s, that her son nearly crashed three times and that her son is driving a Black 2015 Grand Cherokee, tags GUK——. She confirms to NRPD that her son is trying to hit her with his car, that she almost crashed trying to get away from him.
A man called NRPD to report he is at 719 Main Street, that some guy was coming after him, he was recording him, “he came after me, I almost got into an accident”. When asked what car he is the man says “Mike Vacarro”. Dispatch recognizes his name. Vaccaro got into two accidents: hitting Malik Fogg with his car and then an uninvolved vehicle waiting at a traffic light.
A radio call is made to Sector 2 of an incident at 719 possibly involving MOS (Member of Service).
Vaccaro tells NRPD he is at “West Junction” and someone is following him.
Vacarro says a Black Jeep Cherokee just tried to crash into him. Vaccaro says the driver is following him down Pintard, Male/Black going towards Elm Street then going up Pintard towards Main Street, still following him. Vaccaro says “I’m off-duty, I’m not armed”.
Vaccaro: “He hit the car. He was involved in a dispute”.
NRPD: “yeah, he was involved in a dispute now…why is he following you?”
NRPD already knew of the dispute having spoken to Stacia Fogg and her friend.
Vaccaro: “I was trying to record him. He almost hit my car…”
Vaccaro says he is in a white Acura.
Later, Malik Fogg can be heard on what appears to be Vacarro’s phone, shouting “you were recording me”. Vaccaro can be heard saying “I’m an off-duty cop”. Malik Fogg is repeatedly saying “I’m going to beat the shit out of you” and “n——“ and “you recording me?” and “you got no right to record me” and “you gonna hit me”. Passerby’s are yelling in the background. There is a lot of back and forth but Vaccaro later can be heard saying “you hit some girl’s car, you fucked up”.
A uninformed police offer can be heard telling a passerby Malik Fogg is under arrest.
Vaccaro is apparently connected on his phone to NRPD Dispatch the entire time.
Later, a police officer asks the alleged victim “Are you hurt?” The man says “My head is (garbled)”.
Later, Vaccaro can be heard engaged in what appears to be an interview with another officer.
“He was —- a lady with a white Jeep so I recorded it, he hit the car, and then he saw me record it, and he came after me, so I just sped off because I did not want to be involved and he’s chasing me, comes at me with his fucking fists on Woodland , I back up, I called it in. (garbled) I am not armed (garbled) fucking come after me (garbled) not involved.. I’m not armed. So I’m just like trying to create distance, drive away wait for you guys to come and then fucking Velasco tried to grab him, he started fighting Velasco, and we took it to the ground (garbled) I just hit him in the fucking face. But he’s fucking coming after me, coming after me, fucking, ahhhh.”
“So…Dude, I don’t know whether the the other party involved in that dispute but he sticks her car and he fucking punched me. I don’t know. i don’t know. I’m not worried about her but he…this happened at the gas station on Main and Woodland. I’m getting gas. I see two cars fucking fly up and I’m like “yo, something’s going on. He gets out of the car (garbled) banging on the car (garbled) screaming at her. I’m recording it ‘cos I was going to call it in. He sees me recording him. He comes after me like he’s going to kill me. Fucking screamin’. I’m like “Dude, let me get the hell out of here”. I peeled out. When I peeled out I might have hit him, another car. So he’s coming at coming at me. And he’s like banging on my window so I’m just fucking… and I drive off and I call you guys in and he’s chasing me down Pintard, Elm Street, back up to Main Street (crosstalk). Dude, I don’t know about the other party involved in the dispute but he fucking has damage to her car but I was telling him I was at the gas station at Main and Woodlawn gettin’ gas. He comes with Cherokee and another White Cherokee pulls up at the same time and it’s like a road rage and he gets out banging on her car, kicking it, (garbled) her car so I’m filming it and I was going to call it in because it was escalating, getting ugly (garbled) he sees me recording it he comes at me like a fucking psycho, banging on my car, “yo, I’m going to fuck you up, why you recording me,” and I’m like “chill”. I just fuckin’ peeled out of there because I don’t want to get involved. So he’s following me now, chasing me down Woodland, to fucking Pintard, to Elm and I’n on the phone with Amir or whoever I’m on the phone with and he’s fucking chasing me. He fucking almost hit me head on, he bangs on my window on Woodland. And then Velasco stopped him on fucking on Main Street (crosstalk. Dude, I’m not going to lie to you. I hit him because he was fighting with Velasco.”
There a series of short recordings.
The audio continues with more police radio traffic about 719 Main Street possible 10-8 involving MOS possibly by West Junction involving a black Cherokee.
The Stacia Fogg is called and provides her name, home address in New Rochelle and her current location in the garage at her apartment building.
A CSO is sent to interview her.
More police radio traffic about MOS on Pintard being followed by 10-8. Our MOS? Officer Vacarro.
Safeway is called to impound Malik Fogg’s vehicle.
EMS called to dispatch an ambulance for Vaccaro who has “contusions”.
There is a mention of a “Dis Con” (Disorderly Conduct).
Malik Fogg is taken to the sally port at NRPD headquarters.
The audio ends with a phone call between Sergeant Murphy and the mother. They discuss getting a “Pysch Eval” for the son.
NRPD calls Stacia Fogg, the mother of Malik Fogg. The first words she says are “My son is not well”.
Later, NRPD Sergeant Murphy calls Stacia Fogg. He tells her NRPD is getting a “Psych Eval” for Malik Fogg.
SGT. MURPHY: Hi. This is Sergeant Murphy. I just spoke to ya.
STACIA FOGG: Hi Sergeant Murphy.
SGT. MURPHY: Yeah, hi, how are you. OK. (crosstalk)
SGT. MURPHY: We’re going to get him the eval, we’ll get him the psych eval, you know.
STACIA FOGG:, Please. Please.
SGT. MURPHY: we’re going to do that, and I just wanted to let you know that. We’re going to do that. OK?
STACIA FOGG: He don’t want to hurt no one. (crosstalk)
SGT. MURPHY: No. He’s being quiet. So, he’s not even saying anything now.
STACIA FOGG: I’m glad he’s there and (crosstalk)
SGT. MURPHY: Yeah. He’s here, and we’re going to take care of that. OK?
STACIA FOGG: Sergeant Murphy. Because He’s a good kid…(crosstalk)
SGT. MURPHY: Yeah. Listen He just needs a little help.
STACIA FOGG: If he’s there in there, he can’t hurt himself, and he can’t try to hurt anybody else.
SGT. MURPHY: That’s right We’ll take of that we’re going to that very, very soon in the next little while.
END OF TRANSCRIPT (UNOFFICIAL)