JOSH CAMP HOMICIDE

Feb 19 2023

Friends, This report reveals how NY State, the Schoharie County Board of Supervisors and Sheriff's Dept. failed the citizens of our community

 Wayne 

Settlement in police fatality leaves Schoharie family seeking justice

Details surrounding Joshua Camp’s death continue to haunt family, friends  Times Union 2/19/2023,  by  Sarah Trafton

https://www.timesunion.com/hudsonvalley/news/article/joshua-camp-thomas-mudge-wrongful-death-settlement-17779782.php?IPID=Times-Union-HP-spotlight


18 June 2020

Friends,

To facilitate your police accountability lobbying efforts please find appropriate individuals' contact information below. Please note regarding the Supervisors listed, due to their Chairmanship positions and/or committee assignments they are accountable to all citizens of Schoharie County.


It would be helpful to first familiarize yourself with the information archived here and review my earlier letter to editor below.


If you need clarification concerning any elements of the case please message me.


Wayne Stinson




Police Accountability Contact List – for Schoharie Citizens

Board of Supervisors Chair, William A. Federice, (607) 353-2110 federicebill@gmail.com

Law Enforcement Committee:

Chair, Richard Lape, Richmondville Town, Cell Phone: (518) 231-3084 lapelspc@midtel.net

Steve Winhofer, Broome Town, 518-827-4510, Broomeclerk@midtel.net

Margaret Hait, Jefferson Town, (607) 652-7223 jeffersontwnsup@gmail.com

John H. Leavitt, Calisle Town, (518) 429-8365 carlisleclerk@gmail.com

Harold Vroman, Summit Town, Home: (607) 397-8187, summitclerk@midtel.net


NYS Governor Andrew Cuomo, Governor of New York State, NYS State Capitol Building Albany, NY 12224, 1-518-474-8390 https://www.governor.ny.gov/content/governor-contact-form

NYS AG Letitia James, Office of the Attorney General
The Capitol Albany, NY 12224-0341 https://ag.ny.gov/contact-attorney-general-letitia-james

NYCLU Capital District Chapter, 41 State Street, Suite 612, Albany, New York 12207
518-436-8594 mtrimble@nyclu.org



Times Journal: tjournalnews@yahoo.com
Mountain Eagle/Schoharie News: theschoharienews@gmail.com
Times Union: tuletters@timesunion.com
Daily Gazette: PO Box 1090 Schenectady, NY 12301 https://www.dailygazette.com/ [could not find serviceable link for email submissions]

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12 June 2020

To the editor

The Times Journal

Immediately following the election of Donald Trump several observers warned us of his authoritarian tendencies. Two academic chroniclers of European history, Timothy Snyder and Masha Gessen, offered advice on how to resist a turn toward fascism. Their predictions were accurate and the actions they recommended invaluable.

Just a few months later Trump addressed an assemblage of law enforcement officials in Brentwood long Island.  The event was held in a community college arena filled with police officers, their supervisors, and politicians. Trump was at center stage with the bleachers behind him packed with blue uniforms. I was appalled to see police officers serving as political props for what we would come to recognize as a typical Trump rally. Especially disturbing were Trump's encouragement for the use of excessive force and the rows of cops smirking, smiling and applauding his remarks.

Three years on the warnings of Gessen and Snyder are realized. Trump has followed the playbook of every would be authoritarian dictator. Today the most obvious example of America's slide toward fascism is the riotous and vicious behavior of the police. Thankfully, the people are having none of it.

Citizens, a first, and necessary, understanding concerning your relationship to police: They don't work for you... unless you are an employer, unless you are a business owner, unless you are a politician (subservient to the business owners), unless you are of the elite class (with the ear of the loyal politicians). Yes, it is a class conflict and you are disadvantaged as a class.

Police departments are authorized and funded by local governments - that's who the cops (and Sheriff's Deputies) work for. Your best lever for affecting how the police behave is your representative in local government, in Schoharie County your Town Supervisor and the County Board of Supervisors. These officials have failed you with respect to police accountability.

If you wish an explanation/justification for that last statement see: https://scfpg.blogspot.com/p/camp-homicide.html

Wayne Stinson

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6/2/2020

Friends,
You have likely viewed some of the videos of demonstrations and civil disturbances following the George Flyod killing in Minneapolis. You should have also noted the criminal behavior of some police officers engaging with protesters.


I observed many instances of police officers assaulting protesters, needlessly pepper spraying, shoving to the ground, striking with batons, and firing "less than lethal" projectiles at individuals - rubber bullets and pepper pellets are capable of causing serious injuries, especially when used inappropriately such as aimed at an individual's face or at close range.

Many observers have attempted to explain the behavior of demonstrators ("rioters") - I'll leave that to others, see the links below. I'm concerned here with the riotous behavior of the police. The problem is basically a lack of discipline within law enforcement institutions.

Law enforcement officials and politicians often invoke the deterrence value of traffic summonses, arrests and long prison sentences. The assumption, correct to some extent, is that an individual wishing to avoid punishment will not speed or steal. Our "police problem" exists in great part due to the absence of fear of punishment among police officers. This condition, effective impunity, is created by demagogic or incapable politicians, corrupt law enforcement officials and ineffective police supervisors.

We have a close to home example of such failures. The response to the Josh Camp homicide four years ago is a blatant example of the unwillingness of various political and law enforcement officials to fulfill the responsibilities of their office. From the Governor and NY Attorney General down through the State Police, County Sheriff, District Attorney and ultimately the County Board of Supervisors, not one of these individuals or entities has responded to the criminal behavior of the Deputy Sheriff responsible for Josh Camp's death.


Anyone who might doubt the above statement may review all my reporting, correspondence and public statements concerning the Josh Camp case archived at: https://scfpg.blogspot.com/p/camp-homicide.html . See also: https://www.scribd.com/document/385455260/NYSP-Collision-Rpt-Camp & https://www.scribd.com/document/387412118/camp-case-collision-report-analysis.Additionally, I would welcome inquiry by anyone wishing to understand the justification for my statements.
Wayne Stinson


The following commentaries offer some insight of a protesters' frame of mind.



Trevor Noah's understands the anger

https://www.youtube.com/watch?v=v4amCfVbA_c


Tamika Mallory speaks truth to power  

https://www.youtube.com/watch?v=UHrhD9Kb2xM


And Chris Hedges offers this analysis;

https://popularresistance.org/the-treason-of-the-ruling-class/





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12 November, 2019


The Honorable Andrew M. Cuomo
Governor of New York State
N.Y. State Capitol Building
Albany, NY 12224


Governor Cuomo,

I am a retired Suffolk County Police Department administrator (Deputy Inspector, Patrol Division, 1985) presently residing in Schoharie County. I write you today to request your intervention concerning an enforcement action initiated by a Sheriff’s Deputy which resulted in the death of a citizen. Specifically, I request the NY Attorney General be directed to investigate the incident which resulted in the death of motorist Joshua Camp as required by your Executive Order #147.

On 17 June 2016 Joshua Camp rode his unregistered motorcycle down to a Stewarts convenience store in Middleburgh Village. There he encountered a Schoharie County Sheriff’s Deputy who initiated a pursuit when Mr. Camp failed to submit to the Deputy’s authority and fled through the side streets of the village. Moments later Mr. Camp lay fatally injured and trapped under the Sheriff’s vehicle in the back yard of a residence just a few blocks away.

News reports following the incident included statements by the Sheriff and District Attorney informing that the Attorney General had declined to assume responsibility for conducting an investigation, and that a County Grand Jury would hear the case instead.

I have been paying attention to this case for over three years. I have pleaded with the County Board of Supervisors and the Sheriff to request the Attorney General review this case. I have repeatedly communicated with the Attorney General’s office requesting they intercede, all to no avail. I believe there was serious, potentially criminal, misconduct on the part of the Deputy and obvious non-feasance by public officials responsible for the handling of this incident.

I have included several documents which provide pertinent details of the incident and my analysis of related reports. The observations I offer in the analysis are provided with hope for greater accountability of law enforcement and improved performance of county government. I will make myself available to whomever might be assigned to review this case. I can be contacted at stinson@midtel.net or 518-287-1463.

Sincerely,


Wayne R. Stinson

Enclosures: AG Underwood letter, AG James letter, Schoharie County Board of Supervisors communications, Analysis of NYSP Collision Report, Data disc containing links to additional archived documents


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10/27/2019

To The Editor
The Times Journal

Much has been written over the past two years concerning the authoritarian behavior of the President and his appointees. They have disregarded the responsibility and specific authority of other branches of government. They have resisted efforts to rein in their offensive actions, often acting contrary to the provisions of our constitution. The President’s inclination toward authoritarianism has been described by some observers as fascist and reminiscent of the behavior of the governments in Italy and Germany leading up to the second world war.

Two features of authoritarian - fascist behavior we have witnessed since this administration took office are the glorification of the military, including out-sized reverence for military personnel. It is common practice for public assemblages such as sporting events or school graduation ceremonies to be required to stand, recognize and applaud military personnel in attendance1. Likewise, law enforcement personnel have been brought into the same fold by the President and encouraged to not be too gentle with the people they arrest.2 Witness the outrageous treatment of migrants by our border agents.

Impunity for police officers who violate the law is much in the news recently. Two Texas police officers who have been charged with murder recently were exceptions which prove the rule. In the vast majority of cases criminal behavior of police officers is not identified or prosecuted. Five years on the New York City officer who killed Eric Garner finally was fired but not prosecuted.3 Here in Schoharie County the Sheriffs Deputy responsible for Josh Camp’s death three years ago4 remains in the employ of our county and has not faced prosecution.

Thankfully, we have the ability to resist fascism with our vote. Town Supervisors will be on the ballot next week. Citizens should withdraw support for these officials unless they can explain their failure to deal with police malfeasance and provide accountability for criminal behavior by law enforcement personnel. If necessary, write in the name of any trustworthy citizen.

Wayne Stinson
Summit, NY

1Cobleskill-Richmondville High School
2Donald Trump addressing the Suffolk County Police Dept. 2017
3Officer Pantaleo, July 17 2014
4June 17 2016, State and local officials failed to properly investigate and prosecute. Documentation archived at https://scfpg.blogspot.com/p/camp-homicide.html

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Cowardly journalists: The following letter was submitted to both the Times Journal and the Mountain Eagle in July and August. Neither paper published it.

To The Editor

Reality and lies.

Humans have a variety of ways to describe reality or explain their behavior. In youth we are instructed that honesty is the best policy and so, we tell the truth...sometimes. We might tell some of the truth. We might remain silent to prevent the truth from being known. And of course, sometimes we just outright lie.

We lie when we articulate or promote untrue explanations of events. We lie when we offer what we know is a dishonest description of reality. We lie when we purposely misconstrue evidence and allow recipients of our efforts to be deceived. Most significantly, we lie when, acting as an official with responsibility for discovering truth, fail that duty by neglecting to do so.

Psychologists can explain the various motives we might have, or the excuses we might employ, to help us feel less guilty about lying. For the purpose of these remarks I need not delve into these concepts.

Hereabouts, over the past three years since the death of Joshua Camp, we have witnessed a variety of both state and county public officials lie to us in one way or another concerning the circumstances surrounding Mr. Camps demise. To those officials I say, Be Ashamed!

Readers who wish to discover the truth concerning the killing of Joshua Camp should visit:

I remain hopeful one or more of the responsible public officials will act to remedy their past mistakes regarding this case.

Wayne R Stinson

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20 June 2019


To the Editor
The Mountain Eagle

Why should, how can, a citizen trust or respect law enforcement officials when she knows those officials are immune from prosecution? Why is it that law enforcement officials, who putatively exist to protect us from criminal harm, expect to be, and usually are, shielded from prosecution for their crimes by fellow officers and government officials? Most importantly, why should society tolerate this circumstance?

Why should tax-paying, voting, citizens continue to support government officials who fail to protect them from law enforcement officials who commit crimes? There is no greater insult to society than elected officials who fail perform the duties of their office and thereby subject citizens to potential abuse of power and criminal conduct by our so-called guardians of law and order.

It has been three years since Joshua Camp died crushed under the wheels of a Schoharie County Sheriffs Department patrol vehicle The various government agencies and officials responsible for the reporting, investigation and administration of justice have failed to act with integrity. Despite repeated appeals state and local political representatives have not acted to correct these failures. What more can a citizen do?

There will be local elections this fall – voting is what citizens must do! This November no Town Supervisor county board member, especially those assigned to the Law Enforcement Committee, should be honored with your vote. Make them explain why they have not acted and refuse to support them unless they act. Demand the Sheriffs’ Road Patrol be denied funding and abandoned if the Sheriff is unable or unwilling to discipline officers.

Wayne Stinson
Summit, NY

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23 April 2019 message to Gov. Cuomo via web page.

Since January 1, 2019 repeated messages to AG James' office concerning the Joshua Camp homicide in Schoharie County have not been responded to.

The circumstances of Mr. Camp's death are precisely the kind of incident which requires the AG to intercede under authority of Executive Order #147.

The Camp case is an egregious example of law enforcement malfeasance in covering up and protecting a Sheriff's Deputy from criminal prosecution. Said malfeasance includes the actions of the Attorney General, State Police Collision Reconstruction Unit, Schoharie County District Attorney, and the Schoharie County Sheriff.


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5/3/19 Update DCJS records request:

Received DCJS training records documents as requested.  While the curriculum for each listed training course is not provided, I note there is not a course listed as Police Pursuit Practices. Since my request specifically requested record of such training I must assume this training has not occurred. This is very concerning considering the death toll resulting from police pursuits.


A death a day from police chases

"More than 5,000 bystanders and passengers have been killed in police car chases since 1979, and tens of thousands more were injured as officers repeatedly pursued drivers at high speeds and in hazardous conditions, often for minor infractions, a USA TODAY analysis shows. 2015/07/30"


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4/9/19 DCJS Foil response


This will acknowledge receipt of your Freedom of Information Law (“FOIL”) request, received by the Division of Criminal Justice Services (“Division”) requesting copies of public records specifically the Police Officer or other similar training records of Thomas Mudge who served as a Green County Sheriff Deputy between 1999 and 2010, and who presently serves as a Schoharie County Sheriff Deputy since 2012. You are asking to include any record of training accomplished concerning motor vehicle operation, vehicle pursuit procedures and the safety of citizens and other motorists during a pursuit. You are asking to indicate dates of all training accomplished.

Please be advised that the request is under active review. You may expect a formal response to your inquiry within twenty business days.


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30 March 2019


Michael C. Green, Deputy Commissioner
Division of Criminal Justice Services
80 South Swan St.
Albany, NY 12210


Re: Freedom of Information Law records request appeal


Commissioner Green,

On 4 March 2019 I submitted a Freedom of Information Law records request as described in the enclosed email print document. There has been no reply.

I am interpreting the lack of response as constructive denial and therefore now appeal to your office for remedy.


Sincerely,




Wayne R. Stinson

Enclosure: Printout of 3/4/2019 email FOIL records request addressed to foil @ dcjs.ny.gov.


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3/11/2019 second email request to AG James

Subject: interview request police accountability
Date: Mon, 11 Feb 2019 10:35:50 -0500
From: stinson
To: letitia.James@ag.ny.gov


Attorney General James,
Please see the letter below and the attached May 2018 communication to your predecessor Ms. Underwood.

Also attached is my letter to the Schoharie County Board of Supervisors of May 2018. These documents are self explanatory.

Additional communications and documents are archived at https://scfpg.blogspot.com/p/camp-homicide.html
Thank you for your consideration,
Wayne Stinson




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3/11/2019  Letters sent to Senator Seward and Assemblyman Tague requesting their assistance:

(salutation omitted)


Joshua Camp died June 17th, 2016. He died on the rear yard lawn of a Middleburgh Village residence. His life ended while trapped under the front wheel of a Schoharie County Sheriffs Department vehicle and after being dragged over sixty feet.

To this date the circumstances of Mr. Camp’s death have not been honestly investigated or reported by the various responsible public agencies.



This issue has been repeatedly brought to the attention of:

  • Schoharie County Sheriff
  • Schoharie County Board of Supervisors
  • Board of Supervisors, Law Enforcement Committee
  • Superintendent of State Police
  • New York State Attorney General

Documentation of these contacts are archived at https://scfpg.blogspot.com/p/camp-homicide.html

Your help is requested in bringing justice to the family of Joshua Camp and to restore the community’s trust in their government.

Sincerely,

Wayne R. Stinson

Enclosures:

24 February 2018 letter to Schoharie County Board of Supervisors

1 January 2019letter to Attorney General Letitia James

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3/4/2019  DCJS FOIL request

To: Records Access Office
    NYS Division of Criminal Justice Services
    Alfred E. Smith Building
    80 South Swan St.
    Albany, New York 12210


Attention DCJS FOIL office,
Under the New York Freedom of Information Law I am requesting copies of public records, specifically the Police Officer or other similar training records of Thomas Mudge who served as a Green County Sheriff Deputy between 1999 and 2010, and who presently serves as a Schoharie County Sheriff Deputy since 2012.
Please include any record of training accomplished concerning motor vehicle operation, vehicle pursuit procedures and the safety of citizens and other motorists during a pursuit. Please indicate dates of all training accomplished.
Additionally, if there are any required elements of Police Officer training which have not been fulfilled by Deputy Mudge please specify the nature of such training and the original date of such requirement.

This information is not being sought for commercial purposes. Please advise when the requested records are available. Digital format is preferred. Email communication is requested.

Sincerely,
W R Stinson
Wayne Stinson
108 Southmeadow Dr
Summit, NY 12175
518.287.1463
stinson@midtel.net

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2/11/2019 Update: Telephone contact with AG's office

Having had no response to my 1 Jan letter or 1/31 email I telephoned the AG's office. After working through an extensive answering system menu I eventually did have a conversation with a pleasant human. She asked me to resend the 1 Jan. letter to the AG's direct email address: letitia.james@ag.ny.gov.

In this latest email message I again requested an interview.

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1/31/2019 Email message to New York Attorney General Letitia James

There has been no response to the letter we sent you 1.1.2019 concerning the Josh Camp homicide. That letter and related documents are archived at scfpg .blogspot .com /camp homicide.

Please schedule an interview for Wayne Stinson with the AG or an assigned rep.

Contact: scfpg at midtel .net  or 518-287-1463 

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5 January 2019

To the Editor
The Times Journal

The governance institutions of a democracy exist to provide structure for society. To that end they promulgate laws intended to guide the citizens in their everyday interactions. Without these guidelines and rules the promise of democracy is negated. Likewise, if government institutions fail to enforce or honor the rules democracy is degraded.

When a government institution refuses or otherwise fails to honor its mission we must consider if some corrupting influence exists. Some might immediately think of the circumstance where an official accepts something of value for acting or failing to act in some manner related to their duty. That is not the variety of corruption I write about.

An institution can be described as corrupt when it fails to act, or acts inappropriately, with motives outside the organization’s purpose such as laziness, individual animus, discriminatory attitudes, ideological prejudices, or simply an unwillingness to defend their actions. In the case of elected officials fear of displeasing the electorate can cause the official to act inappropriately.

Bringing this home to Schoharie County, after more than two years of advocating for a proper investigation of the death of Joshua Camp it has become obvious the various state and county agencies involved will not do so. The New York Attorney General, Schoharie County Sheriff, District Attorney and the Board of Supervisors have failed to fulfill their obligations. Only a thorough independent investigation of these failures will reveal what corrupting influences are the cause of the malfeasance.

This past week the newly elected New York State Attorney General Letitia James was sworn in. I have written her renewing my appeal for the Attorney General’s office to review what was done in the Camp case. The various state agencies involved and Schoharie County government need their performance examined by an independent investigation. This must be done for improved government and the fulfillment of democracy’s promise.

Citizens can access the AG James letter at https://scfpg.blogspot.com/p/camp-homicide.html.  

1/31/2019 update - There has been no response from the AG

Wayne Stinson
Summit, NY


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3/11/19 update - letter resent via email again

2/11/19 update - telephoned AG office. Letter resent via email per instructions of AG staff.

1/31/2019 update - There has been no response from the AG


1/1/2019 Update - Letter to newly elected NY State Attorney General
  
1 January 2019

Letitia James
New York Attorney General
The Capitol, Albany
NY 12224-0341

Attorney General James,

I read with considerable interest the following statement published on your campaign web page:

“...as Attorney General, reforming the criminal justice system will be one of my top priorities... I have fought for measures to build trust between law enforcement and the communities they serve. ...when there is no accountability or transparency, incidents of misconduct are magnified and it becomes impossible for people to trust that the process is fair and the right result is being reached.”1

Accordingly, I am hopeful your office will re-examine a decision made by the Special Investigations and Prosecutions Unit in 2016 concerning the death of motorist Joshua Camp who was struck by a pursuing Schoharie County Sheriff’s Deputy. At that time the SIPU declined to take the case under authority of the 2015 Executive Order #147.

I have been following this case for the past two years and have repeatedly advocated for an independent investigation. I have addressed the Schoharie County Board of Supervisors and the County Sheriff imploring them to request your office review this case. I have previously written Acting Attorney General Underwood asking the same but received no response. All my communications concerning the case can be accessed here: https://scfpg.blogspot.com/p/camp-homicide.html

In August 2018 I finally received the State Police Collision Reconstruction Unit Report concerning this incident2. That report is glaring confirmation of the need for an independent investigation as required by the Governor’s Executive Order. My analysis3 of that report is enclosed. Documentation of two similar incidents is provided in which the SIPU has accepted responsibility for conducting investigations; the Oct. 2016 Corbitt case in Dutchess County, and the Nov. 2018 Roldan case in Schoharie County.


My report, “NY State Police, Police Pursuit Fatal Collision Report, The Joshua C. Camp Case: An Analysis” is provided for your edification and action as appropriate. The document is provided because the circumstances and facts it reveals are persuasive evidence of the need for your agency’s intervention.
I am available at your convenience to discuss this matter with you or one of your investigators.

Sincerely,

Wayne R Stinson

Contact: stinson@midtel.net or 518-287-1463.

Enclosures:
5/17/2018 letter to Acting Attorney General Underwood
NY State Police, Police Pursuit Fatal Collision Report, The Joshua C. Camp Case: An Analysis
6/23/2017 SIPU Report on the investigation into the death of Warren Corbett
11/21/2018 Times Journal report concerning death of Gerald Roldan III

CC:
Earl VanWormer, Chairman Schoharie County Board of Supervisors
Ronald Stevens, Sheriff Schoharie County
George P. Beach, Superintendent New York State Police

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Friday, October 26, 2018

 


BOARD OF SUPERVISORS COMMENTS


Privilege of the floor comments, Board of Supervisors meeting 9/21/18

Thank you Mr. Chairman - and Thank you to the board for your attention this morning. I hope you have had the opportunity to examine my analysis of the New York State Police Collision report concerning the Joshua Camp case.

For those who may be unfamiliar with the case:
On a warm summer evening in June of 2016 Joshua Camp rode his unregistered motorcycle down to the Middleburgh Stewarts store. There he encountered a Sheriff’s Deputy who began pursuit after Mr. Camp failed to submit to the Deputy’s authority.
Moments later Mr. Camp lay fatally injured and trapped under the Sheriff’s vehicle in the back yard of a residence just a few blocks away. The New York State Police investigated the incident and produced the Collision Reconstruction Report which is the subject of my analysis.

Josh Camp made some poor decisions that day. First, operating an unregistered vehicle on the public roads, and then defying the authority of a Sheriff’s Deputy and attempting to evade apprehension. The State Police collision report places blame for the collision only on Mr. Camp.
But Josh Camp is not the only person who made mistakes that day. He is not alone in responsibility for the collision. The collision report fails to recognize the actions of the Deputy which contributed to the collision.
I examined the state police report seeking to understand how the collision could have happened, and to learn more about how Schoharie County officials responded to the incident. My analysis reveals that, in addition to a serious error in judgment by the Deputy which significantly contributed in causing the collision, state and county officials made their own serious mis-judgements following the incident.
The recommendations I offer in the analysis are provided with hope for greater accountability of law enforcement and improved performance of county government. To that end, I urge the Board of Supervisors to take the lead in requesting the NY Attorney General’s office review this case. Additionally, the board should give serious consideration to establishing a Citizen Law Enforcement Oversight Board to assist you in this responsibility. Failing to do so would be a missed opportunity for improved government, and a serious disservice to the citizens of Schoharie County.
 
Democracy requires the rule of law – rules which are accepted and honored by the citizens and equally applied to all - regardless of position, prestige or station. To date, we have failed that ideal.
 
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To the Citizens of Schoharie County

8.4.18, I have received the New York State Police, Collision Reconstruction Unit report. It can be accessed here . My analysis of the report is posted  here  

The collision occurred in the back yard of the residence top center in the aerial view below.

 Josh Camp, with the Sheriff's Deputy in pursuit, left the public highway at Scribner Ave, continued past the NAPA store, past the National Grid sub-station, traveled over the grass area South of Griebel La., across the front lawn and alongside the house into the rear yard.





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22 July 2018

To The Editor
The Mountain Eagle

Joshua Camp died over two years ago, June 17 2016 at about 7PM, to be precise. In the moments preceding his death a Schoharie County Sheriff’s Deputy was pursuing him, and his allegedly unregistered motorcycle, through Middleburgh Village. The pursuit ended on private property in a quiet residential area just a few blocks from where the chase began. Josh’s life ended there and then also.

Reports of the incident varied in describing how the end came with Sheriffs Dept. statement claiming “Mr. Camp was ejected from his motorcycle and came into contact with the patrol vehicle” and others reporting a collision of the vehicles.

The incomplete and differing early reports caused this observer to be skeptical. My professional experience required me to doubt their accuracy and to anticipate a more detailed explanation from the Sheriffs Department, State Police Investigators and County government. Two years on those explanations have not been provided.

A year earlier (8 July 2015) Governor Cuomo had issued Executive Order #147 ordering the Attorney General to assume investigatory responsibility in matters relating to the deaths of unarmed civilians caused by law enforcement officers. I was puzzled when over a year later the Schoharie County District Attorney stated that the NY AG did not assume jurisdiction for the investigation and that a local Grand Jury had heard the case. That Grand Jury’s report was unsealed one full year after Josh Camp’s death. There was no accompanying press release by our county officials. Instead of providing additional explanation of the circumstances surrounding Mr. Camp’s death the report only raised more questions.

For the past year I have been pressing county and state officials for a more detailed explanation of how it came to pass that a citizen’s death can occur during a bungled attempt to enforce a relatively minor Vehicle and Traffic Law and no fault on the part of the law enforcement officer is found. Multiple Freedom of Information Law requests for relevant documents have been deflected, delayed, denied or ignored. Only after repeated appeals has the State Police Records Unit finally agreed to provide a partially redacted Collision Reconstruction Report eight months after my initial filing.

A recent interview and correspondence with representatives of the NY Attorney General’s office has convinced me they will not be altering their earlier decision, a disappointment in that the transparency and accountability an independent investigation would have produced could have yielded improved community-law enforcement relations and likely, a more disciplined and professional Sheriffs Dept.

The failure of officials involved to do their best for truth and justice represents a missed opportunity for improved government, and a terrible disservice to the citizens of Schoharie County.

Democracy requires the rule of law – rules which are accepted and honored by citizens and fairly applied to all regardless of position, prestige or station. We have failed that ideal.

Wayne Stinson
Summit, NY

Update 4 Aug 2018: The New York State Police, Collision Reconstruction Unit report can be accessed here .  My analysis of the report is posted here . 

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NY AG and NYSP time line:

2.15.18, 3:30 PM, email message to NY AG office concerning the Camp homicide case and FOIL requests stonewalling . No response.

2.24.17, Letter to Schoharie County Board of Supervisors which was copied to NYAG.

5.1.18, 5 PM, Met with the Schoharie County Board of Supervisors Law Enforcement Committee. Sheriff Stevens and County Administrator Wilson were present. I was there to discuss the Joshua Camp homicide and Schoharie County government’s handing of the case. There has been no response.

5.17.18, Mailed letter to Acting AG Underwood suggesting their office review the Camp case.

6.27.18, 9AM, called NY AG office -518.776.2000 - and left message stated my desire to speak with Special Investigations and Prosecutions Unit (SIPU).

6.27.18, 1PM, AG office returned call and then forwarded me to SIPU # 518.416.6506 – left message there requesting appointment for an interview regarding the Camp case. There has been no response.

7.9.18, 4:53 PM, Email message sent on the NY AG web page:

Attention the Special Investigations and Prosecutions Unit. Concerning the Schoharie County Sheriffs Dept V. Joshua Camp incident which occurred June 17 2016 in Middleburgh, NY: See my 15 Feb. 2018 email message and my 17 May 2018 letter to Acting AG Underwood.

I will appear at your office Thursday 12 July between 9 & 10 AM to speak with someone from the SIPU unit.

7.12.18, 9:30 AM, I met with an investigator in the NY Attorney General, Special Investigation and Prosecution Unit. I was graciously received by the investigator who seemed to take an interest in the case. I was interviewed for approximately 20 minutes. He did repeatedly warn me that he was not the decision-maker as what cases the unit takes on. He was interested to learn more and requested additional documents be forwarded. I have done so.

7.12.18, 4PM, Apparently the investigator I met with this morning pushed the issues I raised up the chain. Received call from Diane LaValle of the AG Special Investigations and Prosecutions (SIPU) Unit. She advises having been intimately involved in assessing whether Governor Cuomo's Executive Order 147 (requiring the Attorney General to investigate deaths caused by police) applied to the Camp case.

Ms.LaValle is apparently a prosecutor in the SIPU. She seemed intent on convincing me I didn't understand the Grand Jury process or the way the jury had been instructed by the DA. She was being obtuse, refusing to see the parallels between the Camp case and another Trooper v. motorcyclist case the SIPU did investigate. She was defensive and condescending while repeatedly telling me the Camp case was exhaustively reviewed by her unit before a decision to not intercede was made.

LaValle claims, the decision having been made that EO 147 did not apply, the AG SIPU can not now review the case. I'm not buying it. Of course they can - especially if it is determined that the Schoharie County District Attorney erred by not instructing the Grand Jury to consider potential unlawful conduct by the Sheriff's Deputy.


Regarding NY State Police FOIL request:

11.21.17, Submitted FOIL request for State Police Collision Reconstruction Report concerning the Camp homicide case.

2.12.18, emailed inquiry concerning FOIL request - no response

 5.25.18, emailed inquiry to SP Records Access Officer - no reply. 

6.12.18, Mailed appeal of State Police Central Records Unit, Records Access Officer, constructive denial of records to SP Superintendent George Beach.

6.28.18, Received response letter from Lt. Colonel Scott Wilcox, Assistant Deputy Superintendent for Administration advising my FOIL request has been remanded (his word) back to the Records Access Officer to make a determination within ten business days. There has been no response as of this date.

7.15.18, Received advice that the requested records are available. Payment provided and I await delivery of the Collision Reconstruction Report.

8.4.18, The New York State Police, Collision Reconstruction Unit report can be accessed here .  My analysis of the report will be posted in the near future


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17 May 2018


New York Attorney General
Barbara Underwood, Acting AG
The Capital
Albany, NY 12224-0341


Acting AG Underwood,

This communication concerns a law enforcement-citizen interaction that occurred June 17, 2016 in Schoharie County which resulted in the death of motorist Joshua Camp. Please refer to the enclosed Feb. 2018 letter to the Schoharie County Board of Supervisors regarding this incident for background.

I met with the Board of Supervisors Law Enforcement Committee and Schoharie County Sheriff Ronald R. Stevens earlier this month to reiterate the points made in the letter and to advise them I would be requesting your office intervene.

Former Schoharie County District Attorney, James Sacket, has claimed the Attorney General was consulted at the time of the incident and that your office declined to assume responsibility for the investigation. I believe that decision was ill-informed and a disservice to the citizens of Schoharie County.

A New York State Attorney General Investigator should be assigned to review this case. I trust the issues raised in the enclosed letter will be persuasive. I am available for further discussion should you deem it necessary.

Please know my interest in this case is as a citizen of Schoharie County with hope for improved performance of local government and the law enforcement service. I represent no other entity, individual or interest.

Sincerely,

Wayne R Stinson

CC: Schoharie County Sheriff Ronald R. Stevens, Earl Van Wormer III, Chairman, Board of Supervisors, and Richard T. Lape, Chairman, Law Enforcement Committee


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May 1 2018 Law Enforcement Comm. meeting:

On Tuesday May 1 2018 I had an opportunity to speak with the Board of Supervisors Law Enforcement Committee at their regular monthly meeting. In addition to the committee members, Sheriff Stevens and County Administrator Wilson were present. I was there to discuss the Joshua Camp homicide and Schoharie County government’s handing of the case.

I am preparing these notes, in part, because my time with the committee occurred during an executive session and the uncertainty as to whether any other record of the exchange will be produced.

I opened my remarks by explaining that I was presenting myself to allow the Sheriff and committee members to respond to my letter of 24 February which was explicitly critical of the Sheriff’s Dept., the District Attorney, and by implication, the Board of Supervisors.

I continued by explaining that my primary purpose was to advocate for the Sheriff and the Board of Supervisors to request the New York Attorney General open an investigation of the case. I reiterated my position, previously expressed in the 2/24 letter, that the instructions to the Grand Jury were deficient in that the jurors were not instructed to consider possible criminal conduct. I alluded to the possibility that the Grand Jury process could be perceived to be a “whitewash” in this case. I also emphasized the need for county officials to issue public statements concerning the incident and outlining what disciplinary or corrective actions have been taken.

None of those present responded directly to my comments in the 2/24 letter. The only official to engage was Sheriff Stevens. The Sheriff repeatedly offered to meet with me to discuss my concerns, I averred that it was not I that needed to hear from him but rather the citizens of Schoharie County. In response to my repeated suggestion that an investigation by the NY AG could produce positive effects for law enforcement-community relations as well as citizen confidence in their government. Sheriff Stevens indicated he “might contact the AG’s office.”

I informed the assembled officials of my intention to write the NY AG with a request he open an investigation into the Camp homicide. I will do so in the next several days.


Wayne Stinson

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Regarding county government and specifically law enforcement accountability: 

Last year I began to seek information concerning the death of Joshua Camp. Freedom of Information Law (FOIL) requests for records have been submitted, all either rejected or unanswered as of this writing, to most of the individuals or agencies listed as CCed in the following letter, and I expect the NY State Police will reject my request when they eventually respond (they promised an answer by 5.15.18 to my 11.22.17 request)

My motivations for pursuing this case are implied in the closing paragraphs of the letter which has also been provided to the Daily Gazette, Mountain Eagle and Times Journal.

Wayne Stinson


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24 February 2018

To the Schoharie County Board of Supervisors, and for particular attention of the Law Enforcement sub-committee,

Twenty months ago (June 17, 2016) Joshua Camp died. He was in his early thirties at the time, and had a young daughter who presumably would have benefited from his parental guidance had he lived on.

Mr. Camp died because he was operating an unregistered motorcycle? No, that can’t be the case. Mr. Camp died because he failed to comply with a Sheriff’s Deputy’s demand for vehicle registration documents? No, that can’t be the case either. Neither of the above motor vehicle law infractions carries the possible punishment of death.

Considering the likelihood that Mr. Camp’s failure to comply made the deputy angry might bring us closer to the truth. But again, execution for irritating a police officer also is not authorized in law.

In the earliest public statements by county officials following Mr. Camp’s death, the prospect of submitting the case to a Grand Jury was introduced. In February of 2017 a Grand Jury was convened and provided the testimony and evidence the District Attorney had chosen to present.

The Grand Jury’s report was made public in June of 2017. It reveals an important fact. According to the official report released by County Court Judge George Bartlett, the jury was not instructed to consider possible criminal conduct by Sheriff’s Deputy Mudge.

A District Attorney has discretion in some cases as to whether to instruct a jury to consider criminal conduct. 190.55 NY Criminal Procedure Law states, “A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county...”

Apparently then District Attorney James Sacket chose to not go there for some reason, instead limiting his instructions to the second half of that CPL section paragraph “...and concerning any misconduct, non-feasance or neglect in public office by a public servant, whether criminal or otherwise.”

The possible criminal offenses Mr. Sacket might have instructed the jury consider:
Murder in the second degree, NY Penal Law 125.25, Intentional killing-no aggravating factors

Manslaughter in the first degree, NY Penal Law 125.20, “...with intent to cause serious physical injury to another person...causes death”

Manslaughter in the second degree, NY Penal Law 125.15, recklessly (aware of and consciously disregards a substantial and unjustifiable risk) causes death of another

Criminally Negligent Homicide, NY Penal 125.10, fails to perceive a substantial and unjustifiable risk...constitutes a gross deviation from the standard of care...causes death

Reckless Driving, NY V&T Law 1212, “...unreasonably endangers users of public highway...”


The above list is speculative. This writer, and the rest of Schoharie County’s citizens, have not seen the relevant evidence nor been provided explanatory statements by our government. To date, Freedom of Information Law requests have not produced records which might explain more fully what happened. 

Absent timely, accurate, and comprehensive communication by our government we are left to speculate. But, we know this, a properly trained police officer is aware of the above listed offenses (and the associated culpable state of mind required) and should be held to a higher standard of conduct than an ordinary citizen.

The effectiveness of local government, and that of its law enforcement agency, is dependent upon the respect and cooperation of the citizens. Transparency and accountability of government functionaries is necessary for citizen trust to endure. 

In any case involving the death of a citizen due to the actions of a law enforcement officer an independent investigator should be assigned. Investigation of such an incident should not be left to local officials who might have conflicting interests. This is necessary for maintenance of public confidence in our government.

The New York Attorney General’s failure to assume Independent Investigator status, The District Attorney’s failure to properly instruct the Grand Jury, and the Sheriff Department’s failure to adequately screen, train, supervise and discipline personnel, represent damaging failures by our state and county governments, and a grave disservice to the citizens of Schoharie County.

A New York State Attorney General Independent Investigator should be assigned to review this case. This can be the first step in restoration of public trust in our county government.

Sincerely,

Wayne R Stinson


CC:  
Governor Andrew Cuomo, NY State Capitol Building, Albany, NY 12224,
 
New York Attorney General Eric Schneiderman, The Capitol, Albany, NY 12224-0341,
 
Judge George R Bartlett, Schoharie County Court, 290 Main Street, Schoharie, NY 12157, 
 
Schoharie County District Attorney, P.O. Box 888 PSF, Schoharie, NY 12157,
 
Schoharie County Sheriff, P.O. Box 689, NY 12157,
 
Steve Wilson, County Administrator, P.O. Box 429, Schoharie, NY 12157 
 

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24 Sept. 2017

To The Editor
The Times Journal

A few days ago I received a robotic phone call representing one of the District Attorney candidates. The call reminded me of several unanswered questions concerning an unfortunate citizen-law enforcement interaction which occurred over a year ago.


A 6/29/16 Times Journal report Deputy, dirt-bike fatal expected to go to Grand Jury stated "District Attorney James Sacket said... that a grand jury would... investigate the case involving the death of Joshua C. Camp, 31, in the Village of Middleburgh at about 7pm on June 3."

The report continued "Police gave the following details of the incident: At about 7pm on Friday, a... Sheriff's deputy initiated a traffic stop of an unregistered dirt-bike in the village. The operator of the dirt-bike allegedly failed to comply, and the deputy began a pursuit. The brief pursuit ended on a lawn behind a home on Griebel Lane when Mr. Camp lost control of the dirt-bike and was ejected."

At another point in the story the incident was described as a collision according to a State Police report. A July 6th story in the Schoharie News stated "According to the New York State Police... Camp died after he was hit by a Schoharie County Sheriff deputy’s patrol car..."

The questions; Why, almost sixteen months on has there been no accounting provided the citizens of Schoharie County? Why has the full accident investigation report not been made public? Was a Grand Jury empaneled? Why has the involved Deputy not been officially identified? Is the Deputy still employed by Schoharie County? What disciplinary action, if any, has been taken by the Sheriff's Department?

Accountability of law enforcement officers and agencies is critical for police-community relations. The County Sheriff and District Attorney should promptly respond to incidents such as officer involved homicides in an honest, transparent manner.

Since three of the aforementioned office seekers held office during the time of Mr. Camp's death they must respond to these questions if they expect my vote.

Wayne Stinson
Summit, NY

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23 October 2016

To The Editor

The Times Journal

It has been more than four months since Joshua Camp's death. Mr. Camp died following a Vehicle and Traffic Law enforcement attempt by a Schoharie County Deputy Sheriff. Except for an initial cryptic press release and limited follow-up by the press, we have learned nothing concerning the incident . We have many questions...questions which surely should have been answered by now. All citizens of our county have a right to be displeased with the way this incident has been handled, beginning with the obfuscation of the initial press release, and continuing with the failure to provide the identity of the Deputy involved.

We have been told the circumstances of Mr. Camp's death were being investigated. It is past time for results of investigations be revealed. Continuing to Fail to do so will likely cause a lessening of our confidence and respect for the Sheriff's Department and might result in degradation of citizen-deputy relationships.

I appeal to all the Schoharie County officials involved, the Sheriff, District Attorney, County Attorney and the Board of Supervisors, to act now to repair the damage. Fulfill your responsibilities to the citizens of our county.

Wayne Stinson

Summit, NY

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