UPD arrest drunkin NYS Trooper who break into home

[Deleted]

www.uticaod.com/features/x1569732109/UPD-Trooper-kicks-in-home-s-door-assaults-resident

UTICA — It still is unclear why a drunken off-duty state trooper allegedly kicked his way into a Utica home early Saturday and began assaulting the homeowner, authorities said.

Trooper Jesse Miller, 31, of Utica, has not yet been charged in connection to the incident that occurred at 27 Beverly Place on Saturday shortly after midnight, but he was suspended from the force pending further investigation, officials said.

“The State Police are very concerned about allegations such as these, and we’ve taken administrative action where we’ve suspended Trooper Miller,” state police Troop D Capt. Frank Coots said Sunday. “We will conduct an internal investigation to determine if any State Police rules or regulations have been violated, and we will ensure that the State Police cooperate with the Utica Police Department in their criminal investigation.”

Miller was hospitalized at St. Elizabeth Medical Center for injuries he suffered after the homeowner struck him in the head with a hammer during the confrontation, police said.

The homeowner – whose name was not released – was treated at Faxton St. Luke’s Healthcare, St. Luke’s campus, for injuries to his nose and hand, police said.

The homeowner declined to comment Sunday.

What prompted Miller to reportedly force his way into the house at 12:18 a.m. Saturday is a mystery, police said.

Miller lives near the residence, police said, and it is unclear whether anyone had been living in the house in the months before the victim, his fiancée and a young child moved in just two days earlier.

Miller appeared to be intoxicated at the time, police said.

“The family basically heard a loud pounding on the front door, they called 911, and the person continued to bang on the door,” Utica police Chief Mark Williams said, according to police reports. “Miller then kicked the door in to gain entry, and he started coming toward the homeowner when the homeowner tried defending himself to protect his family, his home and a child in the house.”

It doesn’t appear that Miller ever explained why he was at the residence, Williams said, and police are investigating whether Miller was familiar with any of the residents.

Williams said they will discuss the case with members of the Oneida County District Attorney’s Office to determine what charges would be most appropriate.

“I think we’re just cautiously going through this whole thing,” Williams said, when asked if Miller’s police employment had anything to do with why he hasn’t yet been charged. “We just want to make sure that we do everything appropriately here, and we’re not treating this any differently than we would if he wasn’t a trooper.”

Copyright 2012 The Observer-Dispatch, Utica, New York. Some rights reserved
I wonder if this was a love triangle. Or the Trooper's ex wife could be living in the home. A mystery.

[firstamendment]

As you see, Alan, many have left comments on this story, including me. What I find hard to believe is that not one single charge has been levied yet. Not one. Police responded to a 911 call of a burglary in progress and yet this guy still hasn't been charged after being found in the residence where he did not live? Really?

We all know well that if this had been anybody not connected or in law enforcement, they would not be "cautiously going through the whole thing". At the very least, he's trespassing. I see assault, I see burglary, I see possible DWI, I see endangering the welfare of a child since a minor is living there also. The fact that they've had to issue a press release speaks volumes that they ARE treating this differently because he is a trooper. If they weren't treating it differently, then they could simply have said "no comment, pending investigation".

BTW, if this case is what it appears to be, Mc Namara better not cave in and accept him resigning as a trooper as punishment enough. Not good enough. Prosecute. You want to give the appearance it is not being treated differently, then prosecute as if it is no different. Time will tell.

[Deleted]

I kinda think that the Trooper should be given some special treatment. Maybe something happened between the Trooper and the owner of the house in the days leading up to this event and all it took was for the Trooper to get drunk and who knows maybe he defended himself or his honour. Just seems strange. I wonder if the person the Trooper maybe hit will press for charges.

[firstamendment]

It might not be up to the victim to press charges. Since he was injured it rises to the level of assault and it might be up to the DA and/or Grand Jury on whether to pursue it or not. Had it been a fight with no injuries then it would have stayed as a charge of harassment. This trooper should be facing some felonies here.

Being drunk is no excuse nor defense for breaking the law. Even if there is some past history between anyone in that house and this trooper, it is all moot. He kicked in the door and entered where he should not have been. And to be honest, based on Penal law regarding defense and lethal force, this trooper should be thankful the victim didn't exercise his right to use deadly force in this instance.

[Clipper]

Well unless this blows up into another Matt Sullivan case, I am going to reserve judgement on either party. It just seems a little suspicious to me that the trooper in question simply blew through the door and assaulted the person.

I trust Mark Williams, and I also think that if it was a pretty much open and shut case, he would have not tip toed around in handling the incident.

I could be wrong, and I will readily admit to it should the allegations become factual, but I have to think that there are two sides to the story. If the trooper was drunk, he was wrong in the handling to begin with, but that doesn't make it an open and shut case. Something precipitated the entire thing and I doubt that the party inside the house was totally innocent.

At any rate, it is sensationalism on the part of the OD to report it as a "Drunk NYS Trooper breaks down a door." It would not be reported in such a manner if a drunk dentist or a drunk truck driver broke down a door and kicked someone's ass.

If the trooper is wrong, I hope he is prosecuted to the fullest extent of the law, as was Matt Sullivan.

I also am anxiously awaiting the outcome of the Randazzo affair where he shot the dog. Seems there may be more to that story also, although I have seen Randazzo around and he struck me as being cocky arrogant from the get go. That was strictly the opinion that I formed having seen him around. Seems that the dog owner was not totally innocent in the circumstances leading to that shooting. I love animals, but if your intimidatingly large german shepard is off a leash and rushes toward me in a public place, I am liable to shoot it too. Keep it on a leash or risk burying it or having a taxidermist stuff it. Seems that some pet owners find it acceptable to subject and expose the general public to their pets and some people are afraid of animals or just plain don't like them.

I somehow see this case being tried in the newspaper and by media before anyone actually knows the facts simply because it involves a trooper.

It is unfortunate that our law enforcement professionals are under a lot of job related stress imposed by the dangers of the job and some of what they witness as law enforcement officers. It is a known fact that alcoholism, broken marriages, suicide and other maladies are way too prevalent among those put their lives on the line daily to serve and protect us. The very least we can do is show them enough respect to wait for the facts to come out before we hang them from the nearest tree. They are mortal men, not droids or robots. They are subject to personal errors and lapses in good judgement just like you or I.

[firstamendment]

In the Randazzo case, he had the opportunity to stay in his car if this dog was such an intimidation. And he also had the same opportunity to retreat to his car when the dog ran toward him. If he had nothing to hide, why didn't he report the discharge of a firearm to authorities if it were so justified? Then, of course, there is the timing of his girlfriend's threats the day before, then the two of them showing up the next day. I don't see those as isolated incidents nor coincidence. And to be quite honest, typically law enforcement wouldn't see these events as mere chance, they'd be viewing them as suspicious. there was also a report that Randazzo and his girlfriend had a run in with Sperfeld and his dog a year prior. Like this year, it was for the exact same thing, they were riding bikes on a trail that is clearly designated NO BIKES. His lawyer's account that he went there to read the sign and see it said No Bikes is also suspect. I posted on the OD about this as well. I posted links to the trail brochure as well as links to the Town's website and phone number of who takes care of the trail. It seems at any given time, Randazzo could have searched online like I did or gone "old school" and called the Town of Trenton. Instead, he "happens" to show up when Sperfeld is there with his dog. And no I am not a hypocrite and prejudging this. there are too many coincidences in that case to make it pure chance.

According to the article about this incident in Utica over the weekend, these people just moved in within the last few days. supposedly this trooper lives nearby, so I am left wondering where there might be a previous issue between them. Perhaps someone who used to live there the trooper had issue with, which still leaves his actions unjustified.

As much as I have disdain for the local news, I feel that this case would not have been heard about had it not been for the local news. Remember, if it wasn't for Matt Sullivan's car chase being heard on the scanners by the public, that, too, might have been padded over. It took awhile for more of that story to come out, it was not out there right away. It took some badgering by the press to get hold of it. Now, should the media have gotten hold of and published the dash cam footage of it before trial is another issue. THAT action tried this case in the public. It was very damning. There was no denying his guilt, nor his arrogance on that tape. What also became sickening is how the dispatcher on the other end of the radio transmissions with Olney seems not to care about it at all, almost seeming to leave Olney out there alone. is this indicative of how they take care of their own with respect to Sullivan's actions as opposed to Olney doing the right thing and getting a drunk off the road? God, I hope not.

[Clipper]

I think if you knew Matt Sullivan's history and knew Dave Olney, you would not be quick to think that the incident would have been covered over. Trooper Olney would never have stood still and allowed that to be covered up. HIS integrity is beyond reproach. I defended Matt at the onset and listened to family's opinion of Olney, and was wrong. Dave Olney is a sincere and dedicated trooper, and takes no shit from no one. I think that he would have sacrificed his own badge and job before he would have let that be swept under the rug.

The disgusting part of that scenario was the handling of the news by the OD, considering the history between Donna, her husband, and Matt concerning issues pertaining to the Irish Cultural Center. It was despicable of Donna to beleaguer the subject considering her kid was arrested for drunk driving and after a hit and run, and got away with it. He should have been returned to Utica and jailed, instead of turning himself in in NH after going home to mommy.

I suppose that this is why we have discussion forums and open discussion of opinions, but as I said, when a law enforcement officer is involved, it is not necessarily a reason to jump to conclusions or condemn the person.

As for Randazzo, I have no doubt that he will not be carrying a handgun again any time in the near future, and will be found guilty of some sort of wrong doing. The humorous part of that is that it is his little head thinking for his big head that is going to be what brought him down. Wrongly placed chivalry will be his Achilles heel.

As for riding a bike on the trail, I am sure the signs also address the subject of keeping dogs on a short leash. Probably a case of TWO assholes butting heads and the dog became the innocent victim to suffer. If there was a run in with Sperfield a year prior, it is obvious that Sperfield didn't have any regard for the rules either.

[clarencebunsen]

A question which occurs to me: was Trooper Miller so drunk that he believed he was in his own home? That would not excuse his actions, but perhaps they were done with no malice.

[longtimer]

This one is really strange. Given what has been reported I have to believe 99% of people would have been charged with something if nothing more than drunk and disorderly. Athough I have yet to really form an opinion as to what actually happened I will say Chief Williams has really put himself on the line here. If Miller is guilty of anything and then it comes out that there were no really extenuating and verifiable circumstances that caused UPD to delay charging him Chief Williams will immediately lose all credibility. It is my sincere hope that is not the case.

Clipper, much as I dislike the OD I have to disagree with you somewhat about the sensationalizing issue and cutting law enforcement some slack. As a matter of fact I think we need to cut them no slack at all. As I have stated before we give them powers to take away our freedom and those are powers that no dentist or truck driver have. Rouge law enforcement officers, even though a small minority, do have the ability and actually have made life very miserable for people. With that being the case they should be put in the brightest spotlight possible because it is the best deterrent there is against corruption and cover up.

[Clipper]

Well, you obviously take my post out of context. No one said to cut them any slack. I simply said not to try them in the press any more than we would any other individual, and others don't have their occupation mentioned when they step on their pee pee. I guess it is because the OD doesn't have a damn thing to print unless it can sensationalize and make news out of something that would be second page, bottom in a larger city.

A case even more worthy of coverage is the case mentioned in The Utica Phoenix about Holt and Palladino. That case is much more worrisome to me than the one involving a young drunk. If the UPD is profiling and planting evidence, THAT is a problem that needs to be covered as the investigation moves along. uticaphoenix.net/2011/12/30/upd-caught-on-tape/

We will have to wait to see how this case is handled in the press.

I am not a great fan of Cassandra Lockwood or the Phoenix, but I read it when it is linked to a story of interest such as this. There is a fine line to be walked between reporting, and inciting unrest or a riot. I would hope that she is not the one distributing the video to barber shops etc in the black community, simply to stir unrest. One would be naive to think that there are not bad cops on every force, but I have never known Palladino to be one of them. I don't know Holt. I am a little surprised by this incident and ensuing allegations but not shocked beyond belief. I am sure it happens. I know several black friends that have been profiled in the past in the city. One that comes to mind is a member here at the forum that is a career soldier in the US Army. He was stopped on Genessee St for "driving while black" because he was driving an expensive shiny late model black car.

Again, as bad as the video may make it look, I will wait for the investigation to be completed before I jump to conclusions.

I have known Mark Williams' mother and father (both deceased now) since Mark was a toddler. The family's integrity was always beyond reproach and if the allegations against the two officers in the video are proven, they are history and he will burn their asses to the maximum extent possible. If they are NOT guilty of wrong doing, he will back them to the end of time. He is by far the most honest and qualified Chief that Utica has seen in years.

Unless I missed it, the incident pertaining to the alleged misconduct of the two Utica officers has yet to make the news in the OD.

[dgriffin]

I'm beginning to wonder how many drunken troopers are running around out there after midnight.

[Clipper]

Probably a few, but we can only hope that they are off duty. It would be easy enough for them to come to work drunk and get away with it if they worked in a remote substation such as Lee Center or somewhere where they didn't have to stand any sort of roll call before taking over the watch.

[dgriffin]

True, but even off duty ...

That combination of alcohol, stress and guns is a potent mix.

[Deleted]

Jan 2, 2012 17:45:02 GMT -5 clarencebunsen said:

A question which occurs to me: was Trooper Miller so drunk that he believed he was in his own home? That would not excuse his actions, but perhaps they were done with no malice.

Funny I thought the same thing. I heard on the news that he can't be charged with DWI because he wasn't driving. He might have been dropped of at his home then walked to that house or that he walked to the house. Now the tenants who rented that house are moving. So was the tenant assulted or the owner of the house. What connection do they all have with each other. And if the trooper was dropped off at his own house why did he walk to that house.

[Deleted]

Jan 2, 2012 19:37:49 GMT -5 Clipper said:

Well, you obviously take my post out of context. No one said to cut them any slack. I simply said not to try them in the press any more than we would any other individual, and others don't have their occupation mentioned when they step on their pee pee. I guess it is because the OD doesn't have a damn thing to print unless it can sensationalize and make news out of something that would be second page, bottom in a larger city.

A case even more worthy of coverage is the case mentioned in The Utica Phoenix about Holt and Palladino. That case is much more worrisome to me than the one involving a young drunk. If the UPD is profiling and planting evidence, THAT is a problem that needs to be covered as the investigation moves along. uticaphoenix.net/2011/12/30/upd-caught-on-tape/

We will have to wait to see how this case is handled in the press.

I am not a great fan of Cassandra Lockwood or the Phoenix, but I read it when it is linked to a story of interest such as this. There is a fine line to be walked between reporting, and inciting unrest or a riot. I would hope that she is not the one distributing the video to barber shops etc in the black community, simply to stir unrest. One would be naive to think that there are not bad cops on every force, but I have never known Palladino to be one of them. I don't know Holt. I am a little surprised by this incident and ensuing allegations but not shocked beyond belief. I am sure it happens. I know several black friends that have been profiled in the past in the city. One that comes to mind is a member here at the forum that is a career soldier in the US Army. He was stopped on Genessee St for "driving while black" because he was driving an expensive shiny late model black car.

Again, as bad as the video may make it look, I will wait for the investigation to be completed before I jump to conclusions.

I have known Mark Williams' mother and father (both deceased now) since Mark was a toddler. The family's integrity was always beyond reproach and if the allegations against the two officers in the video are proven, they are history and he will burn their asses to the maximum extent possible. If they are NOT guilty of wrong doing, he will back them to the end of time. He is by far the most honest and qualified Chief that Utica has seen in years.

Unless I missed it, the incident pertaining to the alleged misconduct of the two Utica officers has yet to make the news in the OD.

The Utica Phoenix is the paper form of Topix. I caught that Harris lady downtown after she wrote a story about the Liberty Bell Park renovation. I told her that all her facts about that little park were wrong. She said she researched it. I told her her research was all flawed. I have heard several negative comments about her. I think the video this is a lie. ANd if you check back on the above link her account has been suspended.