Detective Michael Vaccaro, who was videotaped punching and kicking a Black man in February 2021 while he was off duty, was dismissed from the New Rochelle Police Department on September 1, 2023.  The dismissal of Vaccaro, who also had a long record of disciplinary infractions prior to 2021, suggests that there is a faint sign of life in the NRPD’s internal review processes.  But many questions about the incident and the NRPD’s disciplinary practices remain unanswered.

Vaccaro was suspended without pay for 30 days after the incident in 2021, after which he continued on suspension with pay.  He was charged with attempted assault by Westchester District Attorney Mimi Rocah and was found not guilty by City Judge Matthew Costa in a non-jury trial in July 2022.   His pay was again suspended in February 2023.

According to court testimony and video evidence, Vaccaro, who is white, first encountered Malik Fogg as Fogg was having a heated argument with his mother and pounding on her car at a gas station on Main Street.  Vaccaro, who was in his own car, off-duty, in plain clothes, and unarmed, began to record the encounter on his phone.  Fogg, who was apparently unaware that Vaccaro was a police officer, approached Vaccaro’s car, and Vaccaro drove away.  Fogg followed Vaccaro, and Vaccaro called 911. 

Fogg confronted Vaccaro several blocks away, by which time other police officers had arrived on the scene.  The other officers attempted to separate Fogg and Vaccaro and started to handcuff Fogg.  Vaccaro then grabbed Fogg’s arm and threw three punches, one of which struck Fogg in the face.  Another officer drew a Taser, and Fogg complied with orders to kneel on the ground.  Vaccaro then attempted to kick Fogg in the head, grabbed his hoodie, and pushed his face into the pavement for 12 seconds.  On video of the event captured by a bystander, other officers can be heard telling Vaccaro to “back off.”

Fogg has filed a federal civil rights lawsuit against Vaccaro, the city of New Rochelle, and other parties.

Vaccaro’s disciplinary record, obtained by CBS News, shows 17 disciplinary actions against him between 2004 and 2020.  In 2008, he was docked four leave days after he “deliberately cut seat belts in [a] prisoner bus.”  In 2012, he was suspended for 10 days for refusing to perform a task, leaving a designated area of patrol, failing to respond promptly, failing to cooperate with a departmental investigation, and making false statements. 

In 2014, Vaccaro was docked two leave days after he was “detailed to an incident involving a highly intoxicated juvenile requiring medical attention” and “did not attempt to locate and notify the parents” about the incident.  In 2020, Vaccaro was docked two leave days and ordered to undergo retraining after using profanity in a dispute with a Child Protective Service worker who had parked her car in front of his driveway while visiting a neighbor.  Vaccaro, who was on-duty at the time, admitted to calling the CPS worker a “fucking bitch” and threatening to “kick her ass.” 

The NRPD did not make any official announcement about Vaccaro’s dismissal or offer any details about the disciplinary process that led to that decision.  Captain Jay Collins Coyne, the NRPD Public Information Officer, told New RoAR News he was not authorized to comment.  Commissioner Robert Gazzola has not responded to a request from New RoAR News for further explanation.

The NRPD’s decision to dismiss Vaccaro stands in contrast to its defense of Officer Alec McKenna, who shot and killed Kamal Flowers under suspicious circumstances in 2020 and had a long record of disciplinary actions similar to Vaccaro’s, but who was cleared of disciplinary charges and remains on the force, with pay, to this day. 

For years, the NRPD has faced community demands for greater transparency, accountability, and racial justice. NRPD’s silence on Vaccaro’s dismissal leaves the community and city with important questions unanswered.  What precisely was the process for reviewing Vaccaro’s record, and what elements of his conduct formed the grounds for his dismissal?  Does the NRPD consider his behavior in the confrontation with Malik Fogg consistent with his responsibilities as a police officer?  Why was an officer who faced disciplinary action on average once a year allowed to remain on the force and promoted to Detective in 2017?  Why did it take over two years to discipline Vaccaro after an incident recorded on video that led to criminal charges?  And presented with an opportunity to show the public how it holds its officers accountable for misconduct, why has NRPD chosen to conceal these details?

The assault on Malik Fogg also raises questions about NRPD’s policies and practices with respect to de-escalation of confrontations.  Vaccaro was apparently an incidental witness to a family dispute, was not on duty, and had not been asked to intervene, but chose to insert himself into the situation with actions that led to a violent confrontation. 

And it raises questions about racial bias.  Would Vaccaro have taken the same actions if he witnessed a similar domestic disturbance involving a white family?  If Fogg were white, would Vaccaro have attempted to punch and kick him and would he have pressed his face into the pavement?   The incident again raises questions of what the NRPD is doing to eliminate racism in its ranks, and whether its efforts are adequate.

These questions came to the surface again this summer after the fatal shooting of Jarrell Garris by NRPD Detective Steven Conn on July 3.  Garris, who was Black, had allegedly stolen a few pieces of fruit from a local market and was unarmed and peaceful when approached by NRPD officers.

A consultant report with recommendations for formation of a Civilian Complaint Review Board, mandated under the city’s 2021 Police Reform Plan and more than a year overdue, is expected to be released shortly.  The saga of Malik Fogg and Michael Vaccaro shows that there is still little transparency, a continuing problem with racial justice, and lots of work to be done before the NRPD can be seen as a trusted protector of the Black community, rather than a hostile and potentially violent threat.