NEW ROCHELLE, NY (October 2, 2023) — Talk of the Sound has obtained a copy of the Charges and Specifications brought against former New Rochelle Police Detective Michael Vaccaro by the Department under a Freedom of Information request.
The records show that even before Vaccaro was criminally charged by the Westchester County District Attorney’s Office, Disciplinary Charges were preferred by the New Rochelle Police Department against him that included Harassment in the Second Degree and Attempted Assault in the third degree.
The criminal charges contained in the NRPD Charges and Specifications, filed before the DA filed charges against Vaccaro, put paid to one of the many lies of then-PBA President Christopher Greco, that the referral to the DA by NRPD was politically motivated and represented a “continued attack” on law enforcement. The DA filed reduced charges.
Greco has his own problems right now following his arrest by DA investigators who have alleged Greco looted tens of thousands of dollars from a charity he set up ostensibly to honor his autistic son.
On May 5, 2022, Vaccaro was hit with six Charges of Misconduct. The Charges all related to an incident on the afternoon of February 15, 2021 when Vaccaro punched and kicked Malik Fogg then shoved Fogg’s face into a sidewalk. Soon after the incident Vaccaro was suspended by the Department.
On June 17, 2021, Vaccaro was charged by DA Mimi Rocah with two criminal counts of Attempted Assault in the Third Degree, both Misdemeanors. The first count was for punching Malik Fogg several times about the head. The second count was for forcing Malik Fogg’s head and face into a cement sidewalk.
Vaccaro was arraigned in New Rochelle City Court on July 1, 2022.
On July 21, 2022, Judge Matthew J. Costa found New Rochelle Police Detective Michael Vaccaro not guilty on both counts of Attempted Assault in the Third Degree at the end of a four day non-jury trial.
On December 19, 2022, Vaccaro’s Disciplinary Hearing got underway at New Rochelle City Hall.
Charges and Specifications
The specification in the First Charge was that Vaccaro interfered with the arrest of Malik Fogg by on-duty New Rochelle police officers which constituted misconduct.
The specification in the Second Charge was that Vaccaro interfered with the arrest of Malik Fogg by on-duty New Rochelle police officers and that his actions brought NRPD into disrepute, reflected discredit up on himself as a member of the Department, impaired the operation and efficiency of the Department, impaired the operation and efficiency of himself, and constituted misconduct.
The specification in the Third Charge was that Vaccaro interfered with the arrest of Malik Fogg by on-duty New Rochelle police officers and that his actions and interference with the arrest of Mr. Fogg, constituted conduct detrimental to the good order, efficiency, or discipline of the Department and so constituted misconduct.
The specification in the Fourth Charge was that Vaccaro failed to obey all laws of the United States and the City of New Rochelle by punching and kicking Malik Fogg and pushing his head into the ground in violation of New York State Penal Code §240.26 (1) – Harassment in the Second Degree, and New York State Penal Code §120.00 Attempted Assault in the Third Degree, which constituted misconduct.
The specification in the Fifth Charge was that Vaccaro punched and kicked Malik Fogg, and pushed his head into the ground, all without justification and as the use of Physical force was not reasonable, necessary or legally justifiable, constituted misconduct.
The specification in the Sixth Charge was that Vaccaro failed to adhere to all established departmental policies and procedures which constituted misconduct.
Vaccaro was warned that if he was found guilty of the above charges, the penalty or punishment imposed up on him might consist of “dismissal from the Department,demotion in grade,or title, suspension without pay, a fine or a reprimand.”
On September 1, 2023, after a decision was filed by a hearing officer, Vaccaro was terminated by New Rochelle Police Commissioner Robert Gazzola.
UPDATE 10-10-23: The New Rochelle Police Department has released, pursuant to our FOIL request, the final disciplinary record for Michael Vaccaro. His career finally ended with his 18th sustained disciplinary charge including multiple criminal charges.
