Attorney General James’ Law Enforcement Misconduct Investigative Office Releases Report on Use of Force Incident in Binghamton

 

New York Attorney General Letitia James’ Law Enforcement Misconduct Investigative Office (LEMIO) released its report on a use of force incident involving an officer with the Binghamton Police Department (BPD). In January 2023, LEMIO received multiple complaints regarding a January 1, 2023 incident involving the use of force against a member of the public by a uniformed but off-duty BPD officer. After a thorough investigation, including review of documentary evidence, body-worn camera footage, civilian videos, and interviews, LEMIO concluded that Officer Brad Kaczynski used excessive force when he knelt on a handcuffed individual who was lying face-down on a sidewalk. The LEMIO also concluded that other officers who were present at the arrest did not intervene, that the individual was not secured properly during his transport to the station, and that the initial stages of BPD’s internal investigation of the incident, which has not officially concluded, did not follow best practices for impartial investigations. 

In the report released, LEMIO recommends that BPD discipline Officer Kaczynski, including potential termination, train all staff on use of force and duty to intervene, and update the agency’s internal affairs policies and procedures.

Overview of Incident

In the early morning hours of January 1, 2023, Officer Kaczynski was off-duty and working as a security guard at Dillinger’s Bar in Binghamton. Though he was off-duty, Officer Kaczynski was wearing his BPD uniform and body-worn camera (BWC) and carrying his service weapon. As patrons filled the street after the bar closed at 3 a.m., several fights began to break out. Officer Kaczynski intervened to attempt to stop the fights, as did several on-duty BPD officers who were in the vicinity.

At approximately 3:19 a.m., Officer Kaczynski started to arrest a person who had been involved in a fight, and another officer came over to help. Together, the officers brought the person to the ground and handcuffed him with his hands behind his back while he laid face down on the sidewalk. Officer Kaczynski then knelt with his right knee and shin on the person's upper back and neck area and remained in that position for over a minute. The person repeatedly shouted that he couldn’t breathe, but Officer Kaczynski did not remove his knee. Multiple bystanders at the scene spoke with the other BPD officers who were present and asked them to stop Officer Kaczynski, saying “the knee is on the neck,” and “he’s already in handcuffs, he’s not doing anything.” The officers did not intervene.

When the supervising officer observed the situation, he called for medics and directed Officer Kaczynski to stand the arrested person up. Officer Kaczynski and the supervising officer then placed the person in a police transport van without searching him or ensuring he was secured in the vehicle. At the police station, the person was evaluated by a medic and transported to a local hospital in an ambulance. Two on-duty officers accompanied him to the hospital, where he was issued an appearance ticket and charged with resisting arrest and disorderly conduct.

Conclusions and Recommendations

Following a thorough review of the evidence, LEMIO concluded that Officer Kaczynski used excessive force against the arrested person when he knelt on the person’s upper back and neck while he was prone and handcuffed, in violation of BPD’s use of force policy, the New York state model use of force policy, and the New York and U.S. Constitutions. By failing to search the arrested person before placing him in the police van and not securing him in place with a seatbelt, LEMIO concluded that the officers did not follow BPD’s standard arrest procedures. 

While Officer Kaczynski was kneeling on the arrested person, the other BPD officers who witnessed the incident did not intervene or try to stop him from doing so, in likely violation of their duty to intervene. Finally, LEMIO found that the initial stages of the internal affairs investigation BPD conducted was flawed: the investigators used leading questions when interviewing Officer Kaczynski and his fellow officers, did not fully review footage of the event before questioning the officers, and their write-up displayed bias in favor of the officers and treated the arrested person’s version of events with undue skepticism.

In the report released, LEMIO recommends that BPD take disciplinary action against Officer Kaczynski—including potential termination—as well as additional measures, including:

• Train all BPD staff on use of force principles and tactics involving people who are restrained, and in particular, that officers should not apply pressure to the upper back or neck areas of a prone and handcuffed individual; 
• Train all BPD staff on the duty to intervene and methods for effective intervention; and 
• Update BPD’s internal affairs policies and procedures to ensure that all evidence is reviewed prior to questioning an officer. 

The LEMIO was established by Executive Law Section 75 for the purpose of increasing public safety, protecting civil liberties and civil rights, ensuring compliance with constitutional protections and local, state, and federal laws, and increasing public confidence in law enforcement. Executive Law Section 75 authorizes LEMIO to receive and investigate complaints from any source regarding allegations of corruption, fraud, use of excessive force, criminal activity, conflicts of interest, or abuse in any covered agency. The LEMIO may then determine whether disciplinary or other remedial actions are warranted and prepare and release a public report.