ROLDAN HOMICIDE

 

Concerning the Gerard Roldan homicide: My initial reaction is that this report gives us more of the "blaming the victim" I've seen in multiple other SIPU reports. I am appalled by the poor quality reporting and lack of professionalism on the part of the State Police Collision Reconstruction unit. I suspect some significant part of the inaccuracies and prejudicial statements in their report can be attributed to an attempt to protect a fellow police officer from disciplinary actions. That the Attorney General’s Special Investigation and Prosecutions Unit fails to act in the face of such poor performance is even more disturbing. My observations follow.

 

12/19/2019 AG PR: “Today, Attorney General Letitia James’ Special Investigations and Prosecutions Unit (SIPU) released its report into the death of Gerard Roldan, who died on November 9, 2018 after being struck by a vehicle operated by Patrolman Christopher Sniffen of the Cobleskill Police Department. After a thorough and comprehensive investigation, SIPU found no evidence of wrongdoing by Patrolman Sniffen and deemed the matter a tragic incident.”

 

NOTE: The SIPU report was released more than 13 months after the incident. Such a delay negates any promise of transparency concerning police misconduct. SIPU Report can be viewed  here. The NY State Police Collision Reconstruction report can be found at page 31 of that document.

 

From NY AG SIPU Report Executive Summary: Bold emphasis added

“...at approximately 9:58 p.m., Ptl. Sniffen...eastbound on State Route 7 near the intersection with Trestle Lane. ...A Jeep with a Pizza Hut sign mounted on its roof... westbound on Route 7. ...a radar device in his vehicle indicated that the Jeep was traveling at 42 mph…

 

...CPD officer, Ptl. Cody Whittaker ...[also] traveling eastward along State Route 7, ...ahead of Ptl. Sniffen. ...he also believed the Jeep to be exceeding the speed limit. Ptl. Whittaker also recognized the Jeep as a vehicle with which the CPD had previously had had issues.*

 

Ptl. Sniffen may arguably be faulted for driving substantially above the speed limit without having activated his lights and sirens when he struck and killed Mr. Roldan. However, Ptl. Sniffen was not ...engaged in otherwise blameworthy conduct. Mr. Roldan was in a part of the roadway not marked for pedestrian crossing, and was wearing clothing that greatly minimized his visibility. Under New York law, Ptl. Sniffen’s conduct did not rise to the level of criminal culpability. For this reason, the OAG has determined that criminal charges are not appropriate in this matter."

 

* NOTE: It is therefor likely the identity of the Jeep's operator was known to the officers involved.

From Collision Reconstruction Report Statement of facts: Bold emphasis added

 

"...Ptl. Sniffen had begun to speed up his vehicle to catch the Jeep, closing to within ...approximately 500 feet. Ptl. Sniffen did not activate his lights or sirens, but says that his headlights were on. 6 His speed ultimately reached between 53 and 63 mph. ...He passed through the...light at Legion Drive, and continued approximately 120 yards further west...before a pedestrian (Mr. Roldan) appeared directly in front of him, apparently crossing from the south to the north side of Route 7. Ptl. Sniffen says that Mr. Roldan appeared so suddenly that he had no time either to take evasive maneuvers or even apply the brakes before striking Mr. Roldan”

 

“6 Whether Ptl. Sniffen’s headlights were turned on in the immediate run-up to the collision cannot be definitively confirmed, although they are clearly illuminated in body-worn camera footage from directly after the collision."

 

NOTE: Pursuit was not necessary. The identity of the offending vehicle operator, if not already known to the officers, could have been ascertained by visiting the local Pizza Hut. Once operator identity confirmed a summons could have been issued or the individual corrected by the business management. 

 

Village speed limit is 30mph. Traveling at more than twice that limit, without activating emergency lights and siren, to apprehend was reckless. Mr. Roldan would have probably avoided being in the roadway had the police vehicle exhibited emergency lights and siren. 

 

Dash Cam recording from the following police vehicle could have provided confirmation of lights such as tail lights on Sniffen’s vehicle.

 

“...Mr. Roldan...appeared directly in front of him, apparently crossing from the south to the north side of Route 7...” This indicates that Roldan was at least 2/3 the way across Rt.7 – he didn’t just step off the curb into the path of the police vehicle. Damage to the police vehicle was right of center further indicating the Roldan was well into the Westbound lane when struck.

From AG Report Recommendations:

 

“Although the OAG finds no criminal culpability in this case, this is not to suggest that the danger associated with Ptl. Sniffen’s speeding could not have been mitigated if he had activated his lights and sirens. 

 

At the time of the incident...CPD policy only required its officers to activate lights and sirens when engaged in a vehicle “pursuit,” which was defined to include only instances in which “the operator refuses to comply with a lawful directive to stop and...attempts to flee.” As to the conduct in which Ptl. Sniffen engaged – increasing the speed of his vehicle to catch up with another vehicle for purposes of a car stop – the department had no written policy. The CPD has since changed its policy to require lights and sirens even under the latter circumstances.”

 

NOTE: The absence of a Police Department policy does not absolve the officer of responsibility. Police officers are subject to criminal sanctions for reckless behavior.

From Conclusions section of Collision Report:

 

“The primary cause of this collision was the pedestrian’s failure to yield to a vehicle upon a roadway, when crossing a roadway at any point other than within a marked crosswalk. Additional contributing factors on the part of Gerard Roldan III were:

• Dark attire

• Environmental conditions of rain and darkness
  

• Drug involvement”

   

NOTE: It is absurd to attribute responsibility for rain and darkness to Mr. Rodan. Additionally, a trained Police Officer objectively has greater  responsibility for reasonable and safe behavior than an ordinary citizen. 

 

 To an objective observer it seems the primary cause(s) of this collision should be recorded as:

• Excess speed of police vehicle without emergency lights and siren.

• Pedestrian in roadway either oblivious to oncoming vehicle or misjudgment of its speed.

• Reduced visibility due to rain and darkness 

   

Added note: The State Police Collision Reconstruction Report has a requirement of peer review and supervisory sign off. Obviously this “review” regimen does not work.