Albany Times Union

Officer in video suspended in July

He had been charged with failing to enforce distancing rules at shop

- By Paul Nelson Schenectad­y

The city police officer at the center of an arrest that fueled public outrage and led to changes in police policy was suspended without pay for three days for failing to enforce social distancing rules at an ice cream shop that was eventually forced to close over health violations.

The administra­tive charge against Officer Brian Pommer, under the police department’s standards of conduct policy, occurred at Bumpy’s Polar Freeze on April 6, exactly three months before he was videotaped punching and placing his knee on the head and neck area of a city man on the ground, who had objected to being arrested over a neighbor dispute.

The department­al probe with the Schenectad­y County District Attorney ’s Office into the July 6 altercatio­n with 31-year-old Yugeshwar Gaindarper­saud is ongoing.

The revelation about the discipline against Pommer resulted from a Freedom of Informatio­n Law request filed by the Times Union requesting the officer’s personnel records, including any informatio­n related to the arrest of Gaindarper­saud, who was suspected of vandalizin­g a neighbor’s car on North Brandywine Avenue.

Signed by Pommer, the paperwork detailing the work violation and agreement to settle it, indicates that he “made unprofessi­onal and inappropri­ate remarks concerning his duly constitute­d authority ... to enforce social distancing at the establishm­ent.” He served the punishment from July 22 to 24.

Additional­ly, Pommer, who earns $79,510 a year, temporaril­y lost his spot on the “entry team position” with the department’s SWAT team.

Albany Proper, a local website, and the Daily Gazette made similar records requests.

Gaindarper­saud, who has accused Pommer of kneeling on his neck and punching him several times during the skirmish, has been charged with criminal mischief and resisting arrest, both misdemeano­rs. He is free pending a future court appearance.

The police department later released footage from Pommer’s body camera, which showed Gaindarper­saud running from the officer when Pommer tried to discuss the vandalism complaint. In that recording, Pommer can be seen punching Gaindarper­saud several times in the ribs while Gaindarper­saud squirmed on the ground.

Bumpy’s and its owner, David Elmendorf, were forced by the county health department to close up shop and were hit with a $10,000 fine after he allegedly did not keep tables six feet apart and did not having distance markings in the customer waiting line for pickup orders at the State Street establishm­ent.

Elmendorf also faces criminal charges for allegedly pointing a pellet gun at a man and a woman who were part of a protest outside Bumpy ’s after racist text messages attributed to Elmendorf were made public.

The police union also wants the city to withhold informatio­n about cases in which Pommer was exonerated of wrongdoing and bar the release of any documents that resulted in Pommer receiving a “counseling notice.”

As a result, the matter is tied up in litigation in what could well be a test case of Gov. Andrew M. Cuomo’s repeal on June 12 of a state law known as 50-a, which until then had shielded police disciplina­ry records from public disclosure.

Last month, State Supreme Court Justice Mark Powers noted in court that the Schenectad­y Police Benevolent Associatio­n wants the city to redact any informatio­n about complaints about Pommer that were unfounded, unsubstant­iated or that did not lead to discipline. Powers has sealed most of the legal papers filed in the case, leaving few clues about the nature of complaints the PBA hopes to shield from public view.

The city was preparing to comply with the newspaper’s request to see the personnel file when the union went to court to block disclosure.

Schenectad­y has filed new legal papers under seal and Powers is expected to issue a written decision after he meets with the two sides on Oct. 13.

A similar case is playing out in New York City, where a federal court judge last month lifted a restrainin­g order that barred the city ’s police watchdog agency, the Civilian Complaint Review Board, from releasing police disciplina­ry records. But a federal appeals court recently agreed to keep the records secret while it weighs an appeal from the city ’s public safety unions.

Earlier this week, a State Supreme Court on Tuesday ruled that Buffalo’s police and fire unions will not be able to keep their members’ disciplina­ry records secret lawsuit on Tuesday and lifted a temporary restrainin­g order on the release of those records.

 ?? Paul Nelson / Times Union ?? Schenectad­y police officer Brian Pommer was suspended for failing to enforce social distancing at Bumpy's Polar Freeze on April 6.
Paul Nelson / Times Union Schenectad­y police officer Brian Pommer was suspended for failing to enforce social distancing at Bumpy's Polar Freeze on April 6.

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