DUI Incident on May 10, 2023 - Timothy Rishel
| Submitted | May 17, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
May 17, 2023
Yorktown Police Department
Attn: Freedom of Information Act Request
2275 Crompond Road
Yorktown Heights, NY 10598
Dear FOIA Officer,
Under the Freedom of Information Act, 5 U.S.C. § 552, I am requesting access to and copies of the following records related to the incident that occurred on May 10, 2023, involving a driver under the influence, Mr. Timothy Rishel, who crashed into a pole, as reported by the Daily Voice news outlet.
Audio files of the 911 calls made in connection with the incident.
Dashcam footage from all police vehicles present at the scene.
All related police reports.
Footage from all body-worn cameras (BWC) and mobile video recorders (MVR) present at the scene.
Names and badge numbers of all officers present at the scene.
Each category of the request should be considered separately for purposes of fee assessment, redaction, and denial.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request be filled electronically, by e-mail attachment if available or CD-ROM if not.
If any portion of the records I requested are to be redacted or withheld, please provide an index of such records, detailing the portions that are withheld, the FOIA exemption which you believe justifies your refusal, and how I may appeal such decision.
Please find attached a screenshot of the aforementioned news article for your reference. Here is the live link to the news article for your convenience: https://dailyvoice.com/new-york/cortlandt/24-year-old-drunk-driver-crashes-into-pole-in-yorktown-police-say/ .
It is in the public interest to learn about this incident, especially considering the potential risks and consequences of driving under the influence. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
There are several court rulings that support my request for this information:
In ACLU of Southern California v. Superior Court of Los Angeles County (2015), the California appellate court ruled that law enforcement body camera footage is public record and subject to disclosure.
In Scott v. Harris (2007), the U.S. Supreme Court held that a police dashcam video could be introduced as a fact of the case.
In Citizens for Responsibility & Ethics in Washington (CREW) v. U.S. Department of Justice (2016), it was ruled that agencies must provide responsive non-exempt records, or portions of records, that are reasonably segregated from exempt records.
Should you deny my request, or any part of the request, please provide a detailed explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jordan Lassiter
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From: Yorktown Town Police Department
Good Morning,
Please complete Section I of the attached FOIL Request Form. Please email the completed form to records@yorktownpd.org <mailto:records@yorktownpd.org> or fax to (914)962-4458. As a courtesy, we have completed the form for you in the past. All future requests must be accompanied by a completed FOIL Request Form. Please note that any information on a case cannot be released until the case is closed out in court. Any requests for open cases will have to be requested from the district attorney’s office. Additionally, recordings and transcripts of E-911 calls are exempted from disclosure by New York State Statute §308($), which states: "Records, in whatever form they may be kept, of calls made to municipality's E911 system shall not be made available to or obtained by any entity or person, other than that municipality's public safety agency, another government agency or body, or a private entity or a person providing medical, ambulance or other emergency services, and shall not be utilized for any commercial purpose other than the provision of emergency services.” Therefore, advanced 911 calls are not released without a subpoena. Lastly, our officers are not equipped with body-worn cameras and not all vehicles are equipped with dashcams. Once we receive the completed form, it will be forwarded to the Staff Division Commander who will review your request and will respond to each portion of your request with a formal response.
Thank you,
Yorktown Police Department – Records Unit
Yorktown Police Department
1 Captain Kenneth Sgroi Plaza
Yorktown Heights, NY 10598
(914)962-4457 ext. 410
(914)962-4458 fax
records@yorktownpd.org <mailto:records@yorktownpd.org>
www.yorktownpd.org <http://www.yorktownpd.org/>
_____
CONFIDENTIALITY NOTICE:
This email is ONLY for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged or exempt from disclosure under applicable law. If you are not the intended recipient or someone responsible for delivering this document to the recipient, you are hereby notified that any dissemination, distribution, copying or use of this document is strictly prohibited. If you have received this communication in error, please notify the sender of the error immediately and delete the message. Thank you.
_____
From: Jordan Lassiter
Hello please find enclosed the requested form.
From: Jordan Lassiter
2/2
From: Yorktown Town Police Department
Good Afternoon,
This email acknowledges receipt of your submitted Freedom of Information Law request, dated 05/17/2023. Your request has been forwarded to the Staff Division Commander and will be either granted or denied within twenty (20) business days of this acknowledgement. You will be notified once a response is received.
Yorktown Police Department – Records Unit
Yorktown Police Department
1 Captain Kenneth Sgroi Plaza
Yorktown Heights, NY 10598
(914)962-4457 ext. 410
(914)962-4458 fax
records@yorktownpd.org <mailto:records@yorktownpd.org>
<http://www.yorktownpd.org/> www.yorktownpd.org
_____
CONFIDENTIALITY NOTICE:
This email is ONLY for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged or exempt from disclosure under applicable law. If you are not the intended recipient or someone responsible for delivering this document to the recipient, you are hereby notified that any dissemination, distribution, copying or use of this document is strictly prohibited. If you have received this communication in error, please notify the sender of the error immediately and delete the message. Thank you.
_____
From: Yorktown Town Police Department
Good Morning,
Attached is the response to your FOIL request.
Below is a breakdown of the response to each specific request:
* Audio files of the 911 calls made in connection with the incident. – None/Officer Initiated
* Daschcam footage from all police vehicles present at the scene. – None.
* All related police reports. - Cannot be approved, because the case is being actively investigated and is compiled for law enforcement purposes and which if disclosed would interfere with the judicial proceeding.
* Footage from all body-worn cameras (BWC) and mobile video recorders (MVR) present at the scene. – This department does not have body-worn cameras/mobile video recorders.
* Names and badge numbers of all officers present at the scene. – Approved (see below)
* Sergeant Woodard – Badge # 138
* Officer Pagliuca – Badge # 405
* Officer Houlihan – Badge # 397
If you have any questions, you can contact the Records Department Monday thru Friday 8am to 4pm at the number listed below.
Regards,
Yorktown Police Department – Records Unit
Yorktown Police Department
1 Captain Kenneth Sgroi Plaza
Yorktown Heights, NY 10598
(914)962-4457 ext. 410
(914)962-4458 fax
records@yorktownpd.org <mailto:records@yorktownpd.org>
<http://www.yorktownpd.org/> www.yorktownpd.org
_____
CONFIDENTIALITY NOTICE:
This email is ONLY for the person(s) named in the message header. Unless otherwise indicated, it contains information that is confidential, privileged or exempt from disclosure under applicable law. If you are not the intended recipient or someone responsible for delivering this document to the recipient, you are hereby notified that any dissemination, distribution, copying or use of this document is strictly prohibited. If you have received this communication in error, please notify the sender of the error immediately and delete the message. Thank you.
_____
From: Jordan Lassiter
Hi,
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Jordan Lassiter
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