New Rochelle Police Detective Arraigned on Charges Stemming from Police Brutality Cell Phone Video

NEW ROCHELLE, NY — A New Rochelle Police detective charged in a police brutality incident caught on video made a brief appearance in New Rochelle City Court and pleaded not guilty.

Michael Vaccaro, aged 37, of New Rochelle, appeared before Judge Jared R. Rice where he was formally charged with two counts of Attempted Assault in the 3rd Degree, both misdemeanors in connection, with a road rage incident on February 15.

The arraignment took place in Court 2 with Court 1 set up as an overflow room with a TV monitor broadcasting the proceedings in Court 2.

Courtroom 2 was filled to COVID-limited capacity with dozens of Vaccaro supporters, primarily police officers from the New Rochelle PBA and surrounding jurisdictions including Yonkers PBA, Westchester County PBA, New York State.

Vaccaro entered from inside the building, clean-shaven, dressed in a light gray summer-weight suit. He was represented by attorney Andrew Quinn, the New Rochelle PBA lawyer.

Jennifer Sculco, Deputy Bureau Chief of the Westchester County District Attorney’s, Law Enforcement Integrity division, represented the People of New York State.

After the arraignment, Vaccaro received well-wishes and handshakes from supporters. After a brief conversation in the courtroom with New Rochelle PBA President Christopher Greco and his attorney, Andrew Quinn, Greco proposed they carry on the conversation in the PBA office inside New Rochelle Police Headquarters and left the courtroom.

Later, Greco held an impromptu press conference in front 475 North Avenue which houses both the New Rochelle City Court and New Rochelle Police Headquarters.

Greco refused to answer questions from Talk of the Sound.

Greco was asked by another reporter why an on-duty police officer pushed Vaccaro away from Malik Fogg after Vaccaro repeatedly punched Vaccaro. Greco claimed that the officer did not know Vaccaro was a police officer.

When this reporter asked why PO Velasco, the officer who pushed Vaccaro, referred to Michael Vaccaro as “Mike”, Greco refused to answer but told another reporter that Velasco did not recognize Vaccaro until Velasco turned around.

Cell phone video clearly depicts Velasco saying “Mike… Mike…” before he disengages from Fogg and before he turns around to shove Vaccaro away.

Audio recordings of police radio calls heard by Talk of the Sound include Vaccaro identifying himself to police dispatch on the phone multiple times and police dispatch telling responding officers an “MOS” (member of service”) is involved. A responding officer responds saying “our service?”. Dispatch responds saying “yeah… Mike Vaccaro.” All responding officers, including Velasco, were made aware of Vaccaro’s involvement prior to arriving on scene — and that he was driving in a White Acura.

Greco stated that Vaccaro intervened to help a woman who said she was afraid of her son.

Audio recordings of police radio calls heard by Talk of the Sound include Stacia Fogg, the mother of Malik Fogg, talking to police dispatch. She first tell police “Yes. My son is not well”. She says she is trying to get her bearings then gives her location near Juliano’s, on Main Street. She says her son is trying to hit her with his car and nearly made her crash three times. She describes her son’s vehicle. At no point does she say she is afraid of her son.

Greco claimed that charges against Malik Fogg were dropped on the same day Vaccaro was charged.

On February 19, the Westchester County District Attorney charged Fogg with Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and New York State Vehicle and Traffic Law violations. Those charges remain pending today.

Statement from District Attorney’s Office Following Arraignment of Michael Vaccaro

The New Rochelle Police Department (NRPD) determined that one of its officers acted inappropriately, suspended that officer for 30 days and referred the case to the District Attorney’s Office. As we do in all cases, we reviewed the facts, evidence and the law with a team of experienced career prosecutors and investigators, and determined that misdemeanor charges were warranted in this case. The defendant is presumed innocent and the matter will be adjudicated in court.

Malik Fogg, aged 38, an emotionally disturbed Black man from Mount Vernon, NY, was involved in two separate road rage incidents, one with his mother and another with Vaccaro, an off-duty police officer. Fogg was charged with Reckless Endangerment in the Second Degree, Stalking in the Third Degree, Criminal Mischief in the Fourth Degree, Harassment in the Second Degree, and New York State Vehicle and Traffic Law violations.

Cell phone video recently made public by Talk of the Sound shows a White off-duty New Rochelle police officer brutally assaulting an unarmed Black man as on-duty officers restrain the man and then the officer.

After an Internal Affairs investigation, the New Rochelle Police Department determined off-duty New Rochelle Police Detective Michael Vaccaro had acted inappropriately, suspended him for 30 days without pay (the maximum in New York State), and referred the case to Westchester County District Attorney Mimi Rocah, a former MSNBC legal analyst.

Last week, Rocah charged Vaccaro with two counts of attempted assault in the third degree, both misdemeanors. He is expected to make his first court appearance later this week.

The decision to charge Vaccaro resulted in howls of anger from local police associations who have aggressively defended Vaccaro’s actions, accused Rocah of “hunting cops”, and portrayed Vaccaro as a hero.

Days after widely disseminating their false narrative on social media and local news outlets, the police associations were caught off guard when Talk of the Sound obtained two damning video recordings through a public records request.

Vaccaro is due back in court on September 10.

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