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Updates from NYSTPBA President Tom Mungeer, July 15, 2022





NYSTPBA Newsletter Updates from NYSTPBA President Tom Mungeer Deyanna Davis Trial The trial against Deyanna Davis, the woman who recklessly drove through a police blockade on June 1, 2020 during the Buffalo riot - severely injuring one of our members, Trooper Ron Ensminger – which was set to start on July 11 has been postponed. Apparently, her attorney Samuel Davis has been appointed to the Buffalo City Court bench. Stay tuned… Lions and Tigers and Bears, Oh My! Summer is here along with headlines filled with monkeypox, shark attacks, murder hornets and that ever-present COVID scare. If anyone is keeping score, it’s now the Omicron BA.5 strain, with evidence indicating it is more transmissible than earlier strains and also appears to be at least four times more vaccine resistant. Quote of the Week On Tuesday, Gov. Kathy Hochul refrained from announcing any new COVID mandates or suggesting any new ones are under consideration. “We’re on top of it. We’re not changing our policies at this time — always reserving the right to do so.” Translation – I’m seeking a full term this November and I do not want to piss off the remainder of the people in this state who aren’t already peeved with my knee-jerk concealed carry legislation. This Week’s Sign that the Apocalypse is Upon Us Thanks to New York’s bail laws, two California men - suspected Mexican drug-cartel smugglers who were arrested with $1.2 million worth of methamphetamine - were set free, much to the chagrin of the U.S. Drug Enforcement Administration. According to a press release by the DEA, “Under current New York State law, neither man could be charged with a bail eligible offense. Methamphetamine is categorized as a controlled substance, but not a narcotic drug. Regardless of the amount of methamphetamine involved, and regardless of a defendant’s lack of connections to New York State, under current law judges may not set bail on cases involving the possession of only methamphetamine.” Added New York City Special Narcotics Prosecutor Bridget Brennan, “We are unable to even ask for bail, even if we arrest someone with no ties to the city and a load worth millions of dollars. This is a serious problem. I hope that when legislators are better informed, they will make a change.” Don’t hold your breath. The Pendulum Swings Back In a recent fundraising message, L.A. County District Attorney George Gascon called the ‘Recall George Gascon’ campaign a political power grab that is attempting to "circumvent the democratic process" led by right-wing mega donors and police unions. As for the group’s effort to collect the 567,857 signatures needed from registered voters to put the recall question on the ballot, the message added, "The Republican-led recall effort in L.A. is on the ‘cusp' of qualifying for the ballot this November and if they’re successful, they will reverse all our progress." The rest of the free world can only hope so. “You're my boy, Blue!” - Frank, as played by Will Ferrell in “Old School” Tweet of the Week “In light of recent U.S. Supreme Court decisions and now news of the New York Chief Judge stepping down, it is more important than ever that Governor Hochul nominates, and the Senate confirms, a progressive chief judge." - Assembly Speaker Carl Heastie Seven judges on the court; six were appointed by former Gov. Andrew Cuomo and one by our current governor…can’t get more progressive than that. The OSI is Going to be Very Busy Last Saturday, NYPD officers shot and killed a Queens man who called 911 twice stating he would “change the government” by assassinating Governor Hochul and the “PD Chief,” and also threatened to “blow up” the world. According to Chief of Patrol Jeffrey Maddrey, seven uniformed officers responded to the call, parked down the street and walked to the man’s home with guns drawn. The suspect emerged from the house, refused to show his hands or cooperate with their instructions before firing five shots at the officers, prompting them to fire back. “There was a high volume of rounds fired tonight, probably north of 100,” Maddrey said. For clarification, it was 131 shots. The reactions were varied over this incident. The NYPD - “We never want our officers to use their firearms, but they were placed in a position where they were met with deadly physical force and they had to return with deadly physical force. This just shows you the commitment and dedication of New York City police officers and law enforcement worldwide.” His family - “When you’re dealing with someone with mental issues, anything is possible. That’s why I feel like, are these cops not trained? Who calls 911 back to back to back and says, ‘Oh I’m gonna kill this one,’ but he’s at his house? They had the guns drawn before they even got to the door. You didn’t have to shoot to kill….” Media – Was it appropriate to send cops to the scene, as opposed to mental health professionals? Mayor Adams - “Now when a police officer responds to a scene, he doesn’t have the individual’s medical records, he doesn’t know if he’s dealing with someone with a mental health crisis. They can go on the information they have in front of them. And in front of them, they had an individual with a gun, willing to use that gun and they took appropriate action based on what they are trained to do.” Media – Do you believe the shooting was justified? Mayor - “Heck yes! This guy was a bad guy and you know, when you listen to those tapes, it’s clear. He had one role he wanted to accomplish, and they terminated that role, and that’s really, I think it’s commendable. It would be irresponsible if we would have sent civilians to respond to that. This gentleman was very clear on what his actions were going to be.” My reaction – Wow, 131 shots and seven police officers who will be interviewed in addition to any other police officers who may be only witnesses - the union, Internal Affairs and the Attorney General’s Office of Special Investigations are going to be very, very busy on this one. Another Unfunded Mandate This isn’t particularly law enforcement related, however, many of the laws hurried through the legislature and signed into law the last few years do not really work in the majority of this state. Take the following example regarding the Early Voting Law - according to the Democratic elections commissioner for Rensselaer County, where 1,424 people voted early, who said staffing multiple polling sites for a primary election, with "extended hours, times and the cost ... it isn't worth it. When is enough enough?” he said. “We have to find people that are able to go and work for nine straight days, and work those hours, and to sit around in the middle of a hot August, and wait for nobody to come in.” Up in Smoke “I'm gonna be late for work again. That's the fifth time this week, and it's only Tuesday, man.” - Cheech Marin A leaked New York City Law Department memo regarding the implementation of the Marijuana and Taxation Act (MARTA) in New York State law titled “NYPD no longer permitted to drug test for marijuana” furiously made the social media rounds this week among our active and retired members. Most comments reflected those of a retired Troop F member who said, “Never in my lifetime would I have ever thought I would see a memo like this…sign of the times.” While initially agreeing with the memo, top NYPD officials abruptly backpeddled on Wednesday and a spokesman stated, “We are in consultation with the Law Department over conflicts with the new state law and pre-existing federal law. While these discussions continue, there is no change in NYPD policies, procedures, or testing protocols regarding the use of Marijuana by uniformed members of the service.” As marijuana – excuse me, cannabis – is still illegal by federal standards, we, as New York State Troopers, cannot possess or use it as Division Counsel has concluded that since marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. § 812) and the federal firearms provisions (18 U.S.C. § 922(g)(3)) specifies that no person “who is an unlawful user of or addicted to any controlled substances” may “possess…or…receive any firearm or ammunition” we cannot legally use it and remain a police officer. I’m not sure how the NYC Law Department as well as the New Jersey A.G. are able to (or believes they can) work around federal law. Cheech Marin - Hey man, am I driving okay? Tommy Chong - I think we’re parked, man. Segue Observation Just because it might be stylish to possess a vape cartridge containing hashish oil in the United States, it might not be a good idea to bring that item overseas to another country such as say, Russia, where you might be facing a 10-year drug sentence. Just saying. Mailbag To Whom It May Concern- NY state troopers put themselves into harm's way every day. The most dangerous situations they encounter are those in which members of the public have guns which can kill a trooper. I am saddened then to see a lack of public advocacy by NYSTPBA surrounding the recent Supreme Court decision in NY v. Bruen, overturning New York's 110-year old ban on concealed handguns. There will be more guns on the streets of New York because of this decision, more danger for NY state troopers. It will take some unusual alliances to combat this, and it is disappointing to me that the NYSTPBA has not risen to the occasion in this instance. Respectfully, Nicholas Mindos New York resident Well, I guess you cannot please everyone, so, on that note, have a great weekend! Frank “The Tank” Ricard: I told my wife I wouldn't drink tonight. Besides, I got a big day tomorrow. You guys have a great time. College Student: A big day? Doing what? Frank “The Tank” Ricard: Well, um, actually a pretty nice little Saturday, we're going to go to Home Depot. Yeah, buy some wallpaper, maybe get some flooring, stuff like that. Maybe Bed, Bath, & Beyond, I don't know, I don't know if we'll have enough time! 2022 NTC Picnic The NTC Picnic will be held at Buffalo RiverWorks, 359 Ganson St., Buffalo, NY 14203 on Thursday, September 8, 2022 from 10 a.m. to 6 p.m. Please use this link to purchase your tickets: https://form.jotform.com/221183758247158 This email is an automated notification, which is unable to receive replies. To send a comment to the NYSTPBA, please contact us at nystpba@nystpba.org.

The Police Benevolent Association of the New York State Troopers 120 State St. Albany, New York 12207 (518) 462-7448 http://www.nystpba.org

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