ITHACA POLICE DEPARTMENT 120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557 DENNIS NAYOR, CHIEF OF POLICE VINCENT P. MONTICELLO, SR. DEPUTY CHIEF OF POLICE POLICE ADMINISTRATIONIRECORDS: 607-272-0073, JOHN JOLY, DEPUTY CHIEF OF POLICE January 27, 2021 To: Sgt. Kevin J. Slattery This is to notify you, as Chief of Police of the City of Ithaca, | have determined that there is such probable cause for the following charges to be brought against you: Section I: Charges in Detail As fully set forth below in the supporting specifications, on October 30, 2020 you engaged in conduct in violation of the following Ithaca Police Department General Orders, Rules and Regulations: 1. Section 4.1, “Conduct.” Officers shall so conduct themselves in both their private and professional lives as to avoid bringing discredit upon the Department. 2. Section 6.2, “Supervisors.” Employees who have been promoted or temporarily assigned to a supervisory position must provide a good example in both conduct and appearance, have a thorough understanding of the rules and procedures of the Department, and shall assist and instruct subordinates in the proper performance of their duties. Section }: Suppor 1g Specifications 4. That, based upon information and belief, on October 30, 2020, you violated Section 4.1, “Conduct” of the Ithaca Police Department Rules and Regulations, to wit You have served as a Sergeant in the Ithaca Police Department since 2016 and as a member of the Department since 2006. On October 30, 2020, you and Investigator Cady responded to the Tompkins County Jail to obtain a court-ordered DNA sample from Defendant Jovan Monk. The DNA collection process was captured on your body worn camera. Upon completion of the collection process, you neglected to stop your body worn camera from recording. Upon returning to the Ithaca Police Department, your body worn camera captured you, as a Supervisor, telling Investigator Cady, as a subordinate, of a previous interaction with Mr. Monk on January 18, 2014. You described that, at that time, "Yeah, Monk, | fucked him up ‘one-night years ago’, “I f*@king pinned him up against the wall. He was fighting with me, so | #@king suplexed him to the ground. Then, I'm on top of him and he’s still not giving up, so I'm giving him knee strikes, | f@king knee struck him in the neck. F*@king struck him in the ‘f*@king back" and grabbing him by the feet or ankles with another Officer, “we f@king bounced him down, all the way down the stairs.” You continued talking about Mr. Monk, mocking him for asking if the DNA would be sealed in his presence by stating, in sum or substance, that it could not be sealed because you had places to put it first and that you needed Mr. Monk's DNA to put on evidence before it gets sealed, Page | 1ITHACA POLICE DEPARTMENT 120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557 DENNIS NAYOR, CHIEF OF POLICE. VINCENT P. MONTICELLO, SR. DEPUTY CHIEF OF POLICE POLICE ADMINISTRATION/RECORDS: 607-272-9973 JOHN JOLY, DEPUTY CHIEF OF POLICE Specifically, you stated: "He was being sketchy, wasn't he?” and “No, we ain't sealing it man, we got some places to put this first. Whoa, whoa, whoa, sealing it? We have to put this on the evidence first.” Mr. Monk is a defendant in an active rape case. The statements captured on your body worn camera were a continuation of a recording, evidentiary in value, of the DNA collection process. Accordingly, the full recording is subject to discovery. The Tompkins County District Attorney was notified of your statements and provided a copy of the body worn camera recording. The District Attorney's Office concluded that the full recording must be provided to Mr. Monk and his defense counsel. The District Attorney's Office also believed that it would need to provide notice of your statements captured on the body worn camera in any future case you are a witness in and that you may have to answer questions as to your statements as part of any future testimony you give. The body worn camera footage was disclosed to Mr. Monk and his counsel. Mr. Monk's counsel was contacted by a local media reporter concerning the footage. The local news reported on this matter and your body worn camera footage can stil be accessed on the internet: _https://ithacavoice.com/2020/"t2/ind-officer-suspended-under-internal-investigation- after-comments-caught-on-cameral Per Section 4.1, “Conduct.” - “Officers shall so conduct themselves in both their private and professional lives as to avoid brining discredit upon the Department.” Although, on November 9, 2020, you self-reported your statements on the body worn camera, your conduct as captured on the body worn camera on October 30, 2020, has brought discredit upon the Department. . That, based upon information and belief, on October 30, 2020, you violated Section 6.2, “Supervisors” of the Ithaca Police Department Rules and Regulations, to wit: You have served as a Sergeant in the Ithaca Police Department since 2016 and as a member of the Department since 2006. On October 30, 2020, you and Investigator Cady responded to the Tompkins County Jail to obtain a court-ordered DNA sample from Defendant Jovan Monk. The DNA collection process was captured on your body worn camera. Upon completion of the collection process, you neglected to stop your body worn camera from recording. Upon returning to the Ithaca Police Department, your body worn camera captured you, as a Supervisor, telling Investigator Cady, as a subordinate, of a previous interaction with Mr. Monk on January 18, 2014. You described that, at that time, "Yeah, Monk, | fucked him up ‘one-night years ago”, “I f@king pinned him up against the wall. He was fighting with me, so | #@king suplexed him to the ground. Then, I'm on top of him and he's still not giving up, so I'm giving him knee strikes, | f*@king knee struck him in the neck. F*@king struck him in the f@king back” and grabbing him by the feet or ankles with another Officer, “we f*@king bounced him down, all the way down the stairs.” During your statements, you mention two other Officers as being involved in the 2014 interaction. Page | 2ITHACA POLICE DEPARTMENT 120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557 DENNIS NAYOR, CHIEF OF POLICE VINCENT P, MONTICELLO, SR, DEPUTY CHIEF OF POLICE POLICE ADMINISTRATION/RECORDS: 607-272-9973 JOHN JOLY, DEPUTY CHIEF OF POLICE You continued talking about Mr. Monk, mocking him for asking if the DNA would be sealed in his presence by stating, in sum or substance, that it could not be sealed because you had places to put it first and that you needed Mr. Monk's DNA to put on evidence before it gets sealed. Specifically, you stated: “He was being sketchy, wasn't he?” and “No, we ain't sealing it man, we got some places to put this first. Whoa, whoa, whoa, sealing it? We have to put this on the evidence first.” Mr. Monk is @ defendant in an active rape case. The statements captured on your body worn ‘camera were a continuation of a recording, evidentiary in value, of the DNA collection process. Accordingly, the full recording is subject to discovery. The Tompkins County District Attorney was notified of your statements and provided a copy of the body worn camera recording. The District Attorney's Office concluded that the full recording must be provided to Mr. Monk and his defense counsel. The District Attorney's Office also believed that it would need to provide notice of your statements captured on the body worn camera in any future case you are a witness in and that you may have to answer questions as to your statements as part of any future testimony you give. The body worn camera footage was disclosed to Mr. Monk and his counsel. Mr. Monk's counsel was contacted by a local media reporter concerning the footage. The local news reported on this matter and your body worn camera footage can still be accessed on the intemet: _httos://ithacavoice.com/2020/12/ind-officer-susoended-under-intemal-investigation- after-comments-caught-on-camera/ . Per Section 6.2, “Supervisors” — “Employees who have been promoted or temporarily assigned to a supervisory position must provide a good example in both conduct and appearance, have a thorough understanding of the rules and procedures of the Department, and shall assist and instruct subordinates in the proper performance of their duties.” AS a Sergeant in a supervisory position, your actions on October 30, 2020 did not set a good example in conduct and appearance to subordinates. Section Ill: Penalty Sought These charges underscore that “words” matter. As a Sergeant and member of this Department, it is, imperative that your conduct exemplify the best in our Department and that you lead by example both in the community and to subordinate Officers. Although you self-reported your body worn camera statements, it does not excuse that they were made as part of the continuation of a DNA collection process for a defendant charged with a very serious crime. These statements are also not truthful by you following an investigation. You characterize your statements as inappropriate “jokes”, made in ‘jest’. These “jokes” were disclosed to the defendant, reported in the media, and will be publicly available on the internet for the remainder of your career and beyond. Anytime you are to testify, notice will be given to defense counsel of your statements and you may be required to, time and again, defend your “jokes”. Additionally, members of your own department may be called upon to answer questions regarding your conduct, especially those subordinates you identify on the body worn camera and the Investigator to whom you made these “jokes” to. Our community relies upon the Police Department to act professionally. As a Sergeant in charge of evidence collection, your statements are not only unprofessional; they discredit the Department, they do not set a good example in conduct and appearance to subordinates, and they do not represent this Department in any manner. Page | 3ITHACA POLICE DEPARTMENT 120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557 DENNIS NAYOR, CHIEF OF POLICE VINCENT P, MONTICELLO, SR. DEPUTY CHIEF OF POLICE POLICE ADMINISTRATION/RECORDS: 607-272-9973 JOHN JOLY, DEPUTY CHIEF OF POLICE Accordingly, the above-described charges and specifications, in the aggregate, warrant the following penalty: (1) Demotion in grade, title, and pay to Police Officer, without opportunity to apply for promotion for not less than two (2) years from the date of demotion; and (2) ‘Suspension without pay for thirty (30) days. Within ten (10) days of receipt of these charges, you must mail to the Chief of Police, by certified mail, return receipt requested, either the enclosed Notice of Demand for Arbitration Hearing or Waiver of Arbitration. Should you fail to mail the Notice of Demand for Arbitration form within ten days, the charges will be sustained, and the City will thereafter impose the penalty sought. You have the right to representation by the Police Benevolent Association or an attorney and you may consult with either the PBA or an attorney at any time. By copy of this notice, | am informing your association of these charges. You may waive representation by the Association by written ‘communication to this office and the Association President, Tom Condzella. g—— Dennis Nayor Chief of Police Ce: Personnel File PBA Union Pre’ jent Ene: Waiver of Arbitration Hearing Notice of Demand for Arbitration Hearing Page | 4