UTICA - Several witnesses took the stand today in the murder trial of the man accused of killing a Utica Police Officer.
Wesley Molina Cirino is accused of killing Officer Thomas Lindsey during a traffic stop on April 12 of last year. Several police officers, EMTs, a 911 dispatcher and the Utica Police Chief took the stand today. Chief C. Allen Pylman was only up there a few minutes - the defense attorney didn't even cross examine him.
Chief Pylman basically verified Officer Lindsey's position and length of employment at UPD. Jurors also heard from the first two police officers to reach Officer Lindsey after Lindsey was shot. Officer Lindsey had pulled over a man named Sammy Rivera when Molina-Cirino is accused of walking up and shooting the officer.
Today, the officer who pulled over Rivera shortly after the shooting took the stand, testifying that Rivera was visibly upset, crying and pleading, and that the first thing Rivera said to officer Fernalld as the 2 walked toward each other was quote, "I didn't do it."
Toward the end of the day, the jury heard police emergency radio transmissions. They heard Officer Lindsey's last words: "5-7 Code Four." 57 was the officer's assigned police cruiser the night he was shot. "Code 4" means everything's ok - the situation is stable.
It was about 7 minutes later that things took a turn for the worse - David Poccia, one of the first officers to respond to the shooting, radioed back, "We've got an officer down!"
A voice was then heard yelling "Send UFD!" and another UPD officer, a sergeant, yelling "Expedite 'em! Expedite 'em!"
Defense Attorney Rebecca Wittman kept the promise she made during opening arguments that there'd be many witnesses she wouldn't question at all.
They blew through 10 witnesses Tuesday, wrapping up earlier than expected at around 4:10 p.m. They'll be back at it 9:30 a.m. Wednesday morning when the medical examiner who performed the autopsy on Officer Lindsey will take the stand.
Joleen Ferris contributed to this report. Dave Dellecese will be blogging live again tomorrow.
Tuesday, March 11, 2008
Day One: Adjourned for the day
Judge Barry Donalty has adjourned for the day. Jurors and attorneys will return to court first thing in the morning.
We'll be here with more moment to moment blogging updates.
We'll be here with more moment to moment blogging updates.
Day One: Cross-Examining Kupec
Trooper Jeffrey Kupec, who was working the Utica 911 Center the night of April 12 is being cross-examined by the defense. Kupec was a UPD officer at the time.
Defense shows him a radio log of the times of the calls he previously testified about. He explains that he assisted in the transcription of the calls that were played.
Christine Cole, one of the callers, is brought up, along with the spelling of her name...that perhaps it isn't Cole at all. Kupec agrees that this is possible.
Defense points out that Kupec's notes say that there were 3 occupants in Rivera's car when pulled over by Lindsey, even though the call says "unknown occupants."
The D.A. follows up asking what Kupec heard on the recording.
"Do you hear Thomas Lindsey's voice saying unknown occupants, not three occupants?" the D.A. says.
"Yes, I do," Kopec responds.
The recording is then played again and the court hears Thomas Lindsey saying "unknown occupants." Kupec is then excused.
Defense shows him a radio log of the times of the calls he previously testified about. He explains that he assisted in the transcription of the calls that were played.
Christine Cole, one of the callers, is brought up, along with the spelling of her name...that perhaps it isn't Cole at all. Kupec agrees that this is possible.
Defense points out that Kupec's notes say that there were 3 occupants in Rivera's car when pulled over by Lindsey, even though the call says "unknown occupants."
The D.A. follows up asking what Kupec heard on the recording.
"Do you hear Thomas Lindsey's voice saying unknown occupants, not three occupants?" the D.A. says.
"Yes, I do," Kopec responds.
The recording is then played again and the court hears Thomas Lindsey saying "unknown occupants." Kupec is then excused.
Day One: Tears fill the courtroom as voices of Lindsey, officers who discover him, played
Radio Traffic is then played for the court. This is obviosuly different from the civilian calls that came in that night.
The license plate number of Rivera's car - DYG 1394 - is heard being read by Thomas Lindsey as stopped the car over, giving them a "Code 4."
Numerous other officers are then heard all responding to the dispatch of shots fired, and Officer Armstrong makes note that they've gotten several calls about shots fired.
Officer Poccia can be heard shouting "we've got an officer down!" as he approaches the scene.
As the voices are heard, the eyes of friends, family, and fellow officers tear up as they all try to fight back the emotion of hearing Lindsey's voice followed by the tragic events that followed.
As they run the license plate number after the events, the recording tells us that the car actually belonged to Naomi Diaz, not Rivera.
The recording stops, and almost the entire court room wipes their eyes, be they officers or civilians.
The license plate number of Rivera's car - DYG 1394 - is heard being read by Thomas Lindsey as stopped the car over, giving them a "Code 4."
Numerous other officers are then heard all responding to the dispatch of shots fired, and Officer Armstrong makes note that they've gotten several calls about shots fired.
Officer Poccia can be heard shouting "we've got an officer down!" as he approaches the scene.
As the voices are heard, the eyes of friends, family, and fellow officers tear up as they all try to fight back the emotion of hearing Lindsey's voice followed by the tragic events that followed.
As they run the license plate number after the events, the recording tells us that the car actually belonged to Naomi Diaz, not Rivera.
The recording stops, and almost the entire court room wipes their eyes, be they officers or civilians.
Day One: UPD Comm Center calls played for court
Trooper Kupec, who was working the UPD Communications Center the night of April 12, 2007, has verified the evidence brought up by the D.A. - a recording of the civilian calls coming into the Communications Center that night.
A power point presentation on the disk shows a subtitle of the actual phone conversation.
After verifying the authenticity of the recording and the transcription, it is asked to be played by the D.A.
The recording is played and a woman by the name of Christine Cole is the caller. This call came in 9:23 p.m., before Officer Poccia's calling in of "Officer Down." Cole, a Neilson resident, called in that she heard shots fired near Neilson and Eagle Streets.
Cole explains that she is at 1103 Neilson and heard shots fired and a car drive away.
A UFD call is then heard, where Firefighter Carcone hears a Rebecca Brown call in that she heard a car peel out with no ID.
Carcone then took another call where someone said they heard shots "over by the Parkway, near Miller and South."
Carcone then took another car with a hysterical caller saying "i heard gunshots and now there's a cop down." Carcone responds "they're on their way."
Carcone calls for Rescue 1, Engine 3 to get to Neilson Street for a call of Officer Down.
A recording of an Officer Armstrong then took calls minutes later for someone on Neilson also hearing shots fired.
Numerous other calls or partial calls from the Utica 911 Center are played, all repeating the same thing - that either shots were fired, or that people had found an officer down. In some of the calls, police noise can be heard in the background from the calls, already on the scene as residents called in.
A power point presentation on the disk shows a subtitle of the actual phone conversation.
After verifying the authenticity of the recording and the transcription, it is asked to be played by the D.A.
The recording is played and a woman by the name of Christine Cole is the caller. This call came in 9:23 p.m., before Officer Poccia's calling in of "Officer Down." Cole, a Neilson resident, called in that she heard shots fired near Neilson and Eagle Streets.
Cole explains that she is at 1103 Neilson and heard shots fired and a car drive away.
A UFD call is then heard, where Firefighter Carcone hears a Rebecca Brown call in that she heard a car peel out with no ID.
Carcone then took another call where someone said they heard shots "over by the Parkway, near Miller and South."
Carcone then took another car with a hysterical caller saying "i heard gunshots and now there's a cop down." Carcone responds "they're on their way."
Carcone calls for Rescue 1, Engine 3 to get to Neilson Street for a call of Officer Down.
A recording of an Officer Armstrong then took calls minutes later for someone on Neilson also hearing shots fired.
Numerous other calls or partial calls from the Utica 911 Center are played, all repeating the same thing - that either shots were fired, or that people had found an officer down. In some of the calls, police noise can be heard in the background from the calls, already on the scene as residents called in.
Day One: UPD Comm Center became busy after "officer down" call
NYS State Trooper Jeffrey Kopec has been called to the stand. Before being a State Trooper, he worked for UPD.
In April of 2007, he was still with UPD, and at that day in April, he was assigned to the communications center, a rotating assignment. This is what the D.A. describes as "Utica's version of 911."
Kopec says that the calls that come in are also recorded, similar to the Oneida County Emergency Services 911 Call Center.
Kopec was working the 4 p.m. to Midnight shift that night.
He is stopped, and asked to slow down for the translator.
Kopec says that he received a radio transmission from a Utica Police Patrol Car that night - Lindsey in Car 57. Lindsey called in a motor vehicle street, Kopec said. Shortly after that, Kopec said Lindsey called in a "Code 4," which the jury is reminded is a general term for "I'm okay."
Kopec says he shortly after received a 911 call from a civilian saying she had heard shots fired near Eagle and Neilson Streets. Kopec dispatched several units to the scene, and not too long afterwards received a call from Car in 44 which was in Zone 59. It was Officer David Poccia, who had called in "officer down."
Taking the information from the traffic stop Lindsey had just called in, Kupec ran the plate number through the DMV database, coming up with Rivera's name and address.
Once the call of the officer down came in, Kupec said the lines lit up as more and more calls came in.
In April of 2007, he was still with UPD, and at that day in April, he was assigned to the communications center, a rotating assignment. This is what the D.A. describes as "Utica's version of 911."
Kopec says that the calls that come in are also recorded, similar to the Oneida County Emergency Services 911 Call Center.
Kopec was working the 4 p.m. to Midnight shift that night.
He is stopped, and asked to slow down for the translator.
Kopec says that he received a radio transmission from a Utica Police Patrol Car that night - Lindsey in Car 57. Lindsey called in a motor vehicle street, Kopec said. Shortly after that, Kopec said Lindsey called in a "Code 4," which the jury is reminded is a general term for "I'm okay."
Kopec says he shortly after received a 911 call from a civilian saying she had heard shots fired near Eagle and Neilson Streets. Kopec dispatched several units to the scene, and not too long afterwards received a call from Car in 44 which was in Zone 59. It was Officer David Poccia, who had called in "officer down."
Taking the information from the traffic stop Lindsey had just called in, Kupec ran the plate number through the DMV database, coming up with Rivera's name and address.
Once the call of the officer down came in, Kupec said the lines lit up as more and more calls came in.
Day One: 911 calls played for court
The abandoned call is played for the court.
In it, you hear the voice of Haynes saying "911, what's your emergency?" to no response.
She then received a call from a female caller named Melissa Adams saying there was an Officer Down at 1125 Neilson Street in the City of Utica. Haynes describes the caller as scared.
That call is then played for the court, with no objections from the defense.
Adams, scared and frightened, explains that she heard shots and sees an officer down outside her house. She says "I'm so scared," to the 911 dispatcher. The dispatcher reminds Adams not to go outside, and Adams, scared and frightened, repeats to the dispatcher what she sees and how scared she is.
Defense has no questions.
In it, you hear the voice of Haynes saying "911, what's your emergency?" to no response.
She then received a call from a female caller named Melissa Adams saying there was an Officer Down at 1125 Neilson Street in the City of Utica. Haynes describes the caller as scared.
That call is then played for the court, with no objections from the defense.
Adams, scared and frightened, explains that she heard shots and sees an officer down outside her house. She says "I'm so scared," to the 911 dispatcher. The dispatcher reminds Adams not to go outside, and Adams, scared and frightened, repeats to the dispatcher what she sees and how scared she is.
Defense has no questions.
Day One: Abandoned 911 call came in that night
The jury has returned to their seats, and Judge Donalty to his bench.
Gail Haynes has been called to the stand. Haynes is employed at the Oneida County Emergency Services 911.
The translator has asked Haynes to speak slower for the translation.
Haynes describes her work area as 5 consoles set up every day and additional consoles not used every day but in case of emergencies and major storms. By console, she means a desk with a phone system set up on it.
The phone system is in addition to a radio transmission system that allows her to transmit to emergency services and fire, police officials.
She testifies that everything is recorded in real time and kept for 90 days on a computer system hard disk. Unless that information is preserved, it is erased after 90 days, she says.
Haynes worked as a 911 operator from 4 p.m. to midnight that night in April that Lindsey was shot. At 9:44 p.m., she was working, she said, when around that time she got an incoming call from a private individual via 911.
After a description of what an abandoned 911 call is (when they pick up and no one's there). She says if a call comes in abandoned from a residence and they can't get a connection again, they will alert officials.
Haynes says that she received a 10-15 second abandoned call from a cell phone. No one spoke on the call before it hung up, but this abandoned call was recorded.
The D.A. shows paperwork offered in evidence that shows the number that the particular cell phone call came from and what cell tower it hit off of.
This particular call came from number 315-266-8150, Haynes said. A recording of the call is then brought up by the D.A., and is objected to by the defense. The judge allows it.
Gail Haynes has been called to the stand. Haynes is employed at the Oneida County Emergency Services 911.
The translator has asked Haynes to speak slower for the translation.
Haynes describes her work area as 5 consoles set up every day and additional consoles not used every day but in case of emergencies and major storms. By console, she means a desk with a phone system set up on it.
The phone system is in addition to a radio transmission system that allows her to transmit to emergency services and fire, police officials.
She testifies that everything is recorded in real time and kept for 90 days on a computer system hard disk. Unless that information is preserved, it is erased after 90 days, she says.
Haynes worked as a 911 operator from 4 p.m. to midnight that night in April that Lindsey was shot. At 9:44 p.m., she was working, she said, when around that time she got an incoming call from a private individual via 911.
After a description of what an abandoned 911 call is (when they pick up and no one's there). She says if a call comes in abandoned from a residence and they can't get a connection again, they will alert officials.
Haynes says that she received a 10-15 second abandoned call from a cell phone. No one spoke on the call before it hung up, but this abandoned call was recorded.
The D.A. shows paperwork offered in evidence that shows the number that the particular cell phone call came from and what cell tower it hit off of.
This particular call came from number 315-266-8150, Haynes said. A recording of the call is then brought up by the D.A., and is objected to by the defense. The judge allows it.
Day One: 911 calls to be heard after short recess
A short recess is taking place while the D.A. sets up some equipment for their next round of evidence and testimony.
As they were setting up equipment, someone hit play in the courtroom, starting a 911 call.
So, it appears that after the recess, we will be hearing 911 calls from that night.
As they were setting up equipment, someone hit play in the courtroom, starting a 911 call.
So, it appears that after the recess, we will be hearing 911 calls from that night.
Day One: Chief Pylman says Lindsey liked working Zone 57
Chief C. Allen Pylman has now taken the stand to testify. Pylman has been Chief of Police for 6 1/2 years. Pylman describes 170 people in employment on the force in Utica. He says Thomas Lindsey was hired in October 8, 2001, and continued to be an officer right up until his death.
Pylman says that in August 2006, Lindsey was assigned to a more pro-active police work, with a limited number of officers. In this work, they'd handle tobacco and alcohol violations, prostitution, etc. In January of 2007, Lindsey returned to routine patrol. Pylman says that the Zone 57 was a Zone that Lindsey liked to be working in his patrol.
The D.A. kept their questions brief for the Chief, and Defense had no questions.
Pylman says that in August 2006, Lindsey was assigned to a more pro-active police work, with a limited number of officers. In this work, they'd handle tobacco and alcohol violations, prostitution, etc. In January of 2007, Lindsey returned to routine patrol. Pylman says that the Zone 57 was a Zone that Lindsey liked to be working in his patrol.
The D.A. kept their questions brief for the Chief, and Defense had no questions.
Day One: "Ishmael Rivera" last words written in Lindsey's notebook
At the morgue, Officer Cucharale put the body in a particular secure area, caged with locks, used for securing bodies for evidence. The key is then turned over to the person who would be going to the autposy, which in this case happened the following day.
The D.A. shows the Officer an issued weapon, a .44 caliber handgun issued to Thomas Lindsey. The D.A. then pulls out another item, which Cucharale identifies as Lindsey's notebook, carried by most officers to often take notes. The last entry in the book reads the name "Ishmael Rivera."
That notebook was found with Lindsey's other belongings while Cucharale was at the hospital. It was then placed into evidence.
Cucharale says that there was no odor from the gun that would indicate it would've been recently fired, and the gun had a fully-loaded magazine.
Defense has no questions.
The D.A. shows the Officer an issued weapon, a .44 caliber handgun issued to Thomas Lindsey. The D.A. then pulls out another item, which Cucharale identifies as Lindsey's notebook, carried by most officers to often take notes. The last entry in the book reads the name "Ishmael Rivera."
That notebook was found with Lindsey's other belongings while Cucharale was at the hospital. It was then placed into evidence.
Cucharale says that there was no odor from the gun that would indicate it would've been recently fired, and the gun had a fully-loaded magazine.
Defense has no questions.
Day One: Officer called in to secure ST. E's ER room where Lindsey was
Officer Joseph Cucharale takes the stand to testify. He has been a patrolman, he says, for 14 years.
He says he was not working that day in April, but was called in to work after 10 p.m., reporting directly to the UPD Headquarters, where he was directed to St. Elizabeth Medical Center to secure the room in the ER where Officer Lindsey was worked on.
Cucharale says that when he had gotten to the station he had learned Officer Lindsey was dead. Upon arrival at the hospital, he requested some sheets and covered up Lindsey's body.
There were items such as his duty vest, duty belt, boots, socks, swipe card, notebook, calendar, handcuffs, and other items belonging to Officer Lindsey in the room, which Officer Cucharale collected.
All these items - including Lindsey's gun - were secured, and photographs were taken for evidence. Once the items were collected and the photos taken, Officer Cucharale said that he transported the body to the morgue in order to secure evidence. Two employees from teh hospital , one of which was a security guard, accompanied him to the morgue.
He says he was not working that day in April, but was called in to work after 10 p.m., reporting directly to the UPD Headquarters, where he was directed to St. Elizabeth Medical Center to secure the room in the ER where Officer Lindsey was worked on.
Cucharale says that when he had gotten to the station he had learned Officer Lindsey was dead. Upon arrival at the hospital, he requested some sheets and covered up Lindsey's body.
There were items such as his duty vest, duty belt, boots, socks, swipe card, notebook, calendar, handcuffs, and other items belonging to Officer Lindsey in the room, which Officer Cucharale collected.
All these items - including Lindsey's gun - were secured, and photographs were taken for evidence. Once the items were collected and the photos taken, Officer Cucharale said that he transported the body to the morgue in order to secure evidence. Two employees from teh hospital , one of which was a security guard, accompanied him to the morgue.
Day One: Officer Fernalld didn't identify Rivera
The defense now cross examines Officer Fernalld, pulling out some of the same evidence used by the D.A. that Fernalld identified, including the box of now empty Newport Lites. Defense asks if the Newport Lites were empty when he found the box in his patrol car.
Defense also pulls out the baseball cap said to be worn by Sammy Rivera. Officer Fernalld tells the defense he has no doubt that Rivera was wearing that hat when he shouted "I Didn't do it!" to the officer on John Street.
Defense also pulls out the jacket which the prosecution brought into play said to be worn by Rivera and asks the officer if it is exactly the same or if there seem to be any changes, buttons missing, etc. Defense attorney Rebecca Wittman has some trouble getting the jacket back into the evidence bag, but receives assistance from the proseuction.
Defense asks if while at John Street if Officer Fernalld realized he was dealing with someone he had dealt with a month prior at an accident scene.
Defense asks what other observations the officer made about the individual coming toward him outside the church that night on James Street. He describes him as 5'9", not heavy-set, with curly hair. This differs from earlier officer testimonies of Rivera being "chubby." Officer Fernalld says he can not recall whether Rivera was clean shaven or not.
Defense can't remember if Officer Rizanovic, who earlier testified, or any other officer had told him that Rivera was the driver of the vehicle.
Two bags of marijuana and the bag of crack is brought up by the defense, along with the bag of empty bags found on Rivera's person. Defense asks the officer if the materials found are often associated with the selling or dealing of drugs, which he agrees to.
Officer Fernalld says that it was several hours later that he saw Rivera at the police station, where Rivera was using the bathroom. He says that at that time no one asked him to identify Rivera.
Defense also pulls out the baseball cap said to be worn by Sammy Rivera. Officer Fernalld tells the defense he has no doubt that Rivera was wearing that hat when he shouted "I Didn't do it!" to the officer on John Street.
Defense also pulls out the jacket which the prosecution brought into play said to be worn by Rivera and asks the officer if it is exactly the same or if there seem to be any changes, buttons missing, etc. Defense attorney Rebecca Wittman has some trouble getting the jacket back into the evidence bag, but receives assistance from the proseuction.
Defense asks if while at John Street if Officer Fernalld realized he was dealing with someone he had dealt with a month prior at an accident scene.
Defense asks what other observations the officer made about the individual coming toward him outside the church that night on James Street. He describes him as 5'9", not heavy-set, with curly hair. This differs from earlier officer testimonies of Rivera being "chubby." Officer Fernalld says he can not recall whether Rivera was clean shaven or not.
Defense can't remember if Officer Rizanovic, who earlier testified, or any other officer had told him that Rivera was the driver of the vehicle.
Two bags of marijuana and the bag of crack is brought up by the defense, along with the bag of empty bags found on Rivera's person. Defense asks the officer if the materials found are often associated with the selling or dealing of drugs, which he agrees to.
Officer Fernalld says that it was several hours later that he saw Rivera at the police station, where Rivera was using the bathroom. He says that at that time no one asked him to identify Rivera.
Day One: Officer Fernalld had prior encounter with Rivera
Officer Fernalld says that he has had contact with Sammy Rivera in the past, just a month prior on March 7 at the scene of a property damage accident. He also recognized Naomi Diaz from that March 2007 accident scene.
The D.A. then brings out an aerial photo of the 800 block of John Street, and asks him to point out where he turned around before making the stop at the church on John Street where he found the Red Neon later found to be driven by Sammy Rivera.
He says that he never saw Sammy Rivera come out of the church, although other people HAD come out of the church when he arrived at the scene. he earlier testified that Rivera was outside the Red Neon when he arrived to the scene.
The D.A has no further questions for Fernalld.
The D.A. then brings out an aerial photo of the 800 block of John Street, and asks him to point out where he turned around before making the stop at the church on John Street where he found the Red Neon later found to be driven by Sammy Rivera.
He says that he never saw Sammy Rivera come out of the church, although other people HAD come out of the church when he arrived at the scene. he earlier testified that Rivera was outside the Red Neon when he arrived to the scene.
The D.A has no further questions for Fernalld.
Day One: Blood, brain matter found on side of car door
Officer Stanley Fernalld has taken the stand. He says he is in his 4th year as a Utica Police Officer. He says he is assigned to a uniformed patrol division. He was also working 4 p.m. to midnight that night in April, like many of the other Police witnesses on the stand today.
He says his Zone that night was North Utica. He was patrolling that zone without a partner, he said. This Zone (Zone 58) is not his normal zone, but he explains that he, like several other officers get rotating zone shifts.
He says that night he was by the recyclying center on Wurz Ave and Leland Ave, working on reports in his car when he heard a radio transmission about a vehicle stop. Fernalld says that shortly after hearing about the red neon traffic stop, he then heard the call of shots fired.
Fernalld says he then moved toward Genesee Street, but was not dispatched to Neilson Street. He said he just moved to Genesee Street to be closer to the scene if needed. He says he was on Genesee when he heard another radio transmission, this one of "officer down."
Upon hearing this, the officer says he then put on his lights and sirens and headed swiftly toward the Neilson Street area. It was on his way that he heard the BOLO (Be On the Look Out for) for the red Neon. He says he headed down John Street in Utica, when he observed a Red Neon on the side of the road facing north, and travelling at a high rate of speed, he sped past the vehicle. However, he says he did notices a male and female of hispanic descent were standing in the road with the driver side door open.
Fernalld says he turned around believing it to be the suspect vehicle, parked his car and then he approached the male and female outside the car. He said the male pleaded "I didn't do it" as Officer Fernalld approached.
Fernalld drew his weapon and ordered them to the ground, and he says he let headquarters know he was "out with the suspect vehicle." He says that it was only about 10 seconds that transpired from him exiting his car to the male and female being ordered to the ground.
At this time, other people had exited the church on John Street. The Officer says those people did not interfere and that he did not ask THEM to get to the ground; only the original male and female he found at the scene.
The Officer says his sergeant then arrived at the scene, and while she kept other people away from the area, he frisked the male and found no weapons. He describes the male as wearing a dark colored hat, baseball cap, and jeans.
After frisking the male, Officer Fernalld says the male and female were handcuffed and it was at that time that two ziploc bags fell from the male's person, which looked, to him, to be marijuana. Another ziploc contained several empty, smaller, ziploc baggies.
A parole officer who had since arrived to the scene, helped remove items from the male's pocket, which included a baggie with an offwhite chunky substance, which the officer said he recognized as crack-cocaine.
Officer Fernalld says at this point, he still had not learned the identity of this person.
As the male and female were being taken into custody, Officer Fernalld said that the male yelled "a black guy in a hoodie did it." When taken back to the patrol vehicle, Fernalld said the male remained in a hysterical state.
The D.A. has handed over a brown paper bag to the officer, which the officer says is an evidence bag. The officer pulls a baseball cap out of the bag, which he identifies as the hat recovered from the male suspect that night.
After that, the Officer remained on scenem securing the "crime scene" on John Street.
Officer Fernalld said that the scene was "chaotic," with numerous officers joining him at the scene shortly after the arrest. He said that it was pointed out to him at the scene (though he could not recall by whom) that there was blood and pieces of brain matter on the side of the Neon's door.
At a later point in the evening, Officer Fernalld went back to his patrol vehicle, he said, where he found what the D.A. referred to as "items." Handing over another evidence bag to the Officer, he finds a pack of Newports, and a New York State Benefits Card.
The D.A. asks if the items were placed in his patrol car by him. He says no, and mentions that the benefit card belonged to a Naomi Diaz. He then says, after being asked by the D.A. that he later learned the identity of the two people he had handcuffed and arrested as Naomi Diaz and Sammy Rivera.
More evidence begins making its way out as the D.A. presents Officer Fernalld with more brown bags and asking him to look inside. The Officer pulled out a jacket worn by Sammy Rivera when the Officer stopped him and arrested him.
He says his Zone that night was North Utica. He was patrolling that zone without a partner, he said. This Zone (Zone 58) is not his normal zone, but he explains that he, like several other officers get rotating zone shifts.
He says that night he was by the recyclying center on Wurz Ave and Leland Ave, working on reports in his car when he heard a radio transmission about a vehicle stop. Fernalld says that shortly after hearing about the red neon traffic stop, he then heard the call of shots fired.
Fernalld says he then moved toward Genesee Street, but was not dispatched to Neilson Street. He said he just moved to Genesee Street to be closer to the scene if needed. He says he was on Genesee when he heard another radio transmission, this one of "officer down."
Upon hearing this, the officer says he then put on his lights and sirens and headed swiftly toward the Neilson Street area. It was on his way that he heard the BOLO (Be On the Look Out for) for the red Neon. He says he headed down John Street in Utica, when he observed a Red Neon on the side of the road facing north, and travelling at a high rate of speed, he sped past the vehicle. However, he says he did notices a male and female of hispanic descent were standing in the road with the driver side door open.
Fernalld says he turned around believing it to be the suspect vehicle, parked his car and then he approached the male and female outside the car. He said the male pleaded "I didn't do it" as Officer Fernalld approached.
Fernalld drew his weapon and ordered them to the ground, and he says he let headquarters know he was "out with the suspect vehicle." He says that it was only about 10 seconds that transpired from him exiting his car to the male and female being ordered to the ground.
At this time, other people had exited the church on John Street. The Officer says those people did not interfere and that he did not ask THEM to get to the ground; only the original male and female he found at the scene.
The Officer says his sergeant then arrived at the scene, and while she kept other people away from the area, he frisked the male and found no weapons. He describes the male as wearing a dark colored hat, baseball cap, and jeans.
After frisking the male, Officer Fernalld says the male and female were handcuffed and it was at that time that two ziploc bags fell from the male's person, which looked, to him, to be marijuana. Another ziploc contained several empty, smaller, ziploc baggies.
A parole officer who had since arrived to the scene, helped remove items from the male's pocket, which included a baggie with an offwhite chunky substance, which the officer said he recognized as crack-cocaine.
Officer Fernalld says at this point, he still had not learned the identity of this person.
As the male and female were being taken into custody, Officer Fernalld said that the male yelled "a black guy in a hoodie did it." When taken back to the patrol vehicle, Fernalld said the male remained in a hysterical state.
The D.A. has handed over a brown paper bag to the officer, which the officer says is an evidence bag. The officer pulls a baseball cap out of the bag, which he identifies as the hat recovered from the male suspect that night.
After that, the Officer remained on scenem securing the "crime scene" on John Street.
Officer Fernalld said that the scene was "chaotic," with numerous officers joining him at the scene shortly after the arrest. He said that it was pointed out to him at the scene (though he could not recall by whom) that there was blood and pieces of brain matter on the side of the Neon's door.
At a later point in the evening, Officer Fernalld went back to his patrol vehicle, he said, where he found what the D.A. referred to as "items." Handing over another evidence bag to the Officer, he finds a pack of Newports, and a New York State Benefits Card.
The D.A. asks if the items were placed in his patrol car by him. He says no, and mentions that the benefit card belonged to a Naomi Diaz. He then says, after being asked by the D.A. that he later learned the identity of the two people he had handcuffed and arrested as Naomi Diaz and Sammy Rivera.
More evidence begins making its way out as the D.A. presents Officer Fernalld with more brown bags and asking him to look inside. The Officer pulled out a jacket worn by Sammy Rivera when the Officer stopped him and arrested him.
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