All eyes on Commissioner Gazzola for accountability

A Westchester County grand jury has declined to indict New Rochelle Police Department Lt. Sean Kane, whose own body camera video showed him planting drugs under the car of Ivin Harper, a Black New Rochelle resident, in May 2024.  Kane then had Harper arrested.

After Harper filed a complaint about his arrest, police brass reviewed the videos, and NRPD Commissioner Robert Gazzola suspended Kane and referred the case to the Westchester District Attorney for possible prosecution.  The drug charges against Harper were dismissed.

Screenshot of bodycam video showing Kane handling bag of white powder in his patrol car

The grand jury’s decision became known on Friday, December 13.  DA Mimi Rocah’s office provided no details on the evidence presented by the DA to the grand jury or the grand jury’s reasons for declining to indict.  Grand jury proceedings are generally kept secret.  Kane’s attorney was quoted by LoHud saying that Kane had testified before the grand jury.  Harper was quoted saying that he had not been called to testify.

The City of New Rochelle issued a brief statement saying, “The New Rochelle Police Department will now continue its internal investigation that was paused when they referred the case to the Westchester County District Attorney’s office in July. Lieutenant Kane remains suspended from duty pending the outcome of the internal investigation.” 

The decision not to indict Lt. Kane drew a strong response from leaders in New Rochelle’s  Black community.  In a statement on behalf of the New Rochelle NAACP, Chapter President Mark McLean said, “The New Rochelle NAACP is profoundly disappointed and disheartened by the county grand jury’s decision not to indict Lt. Sean Kane, despite clear and undeniable video evidence of him engaging in evidence tampering. This decision is a glaring failure of the justice system to hold law enforcement accountable for actions that betray public trust and compromise the integrity of our legal system.”

The NAACP statement continued, “Lt. Kane’s actions, as captured on camera, are not only egregious but also represent a gross abuse of power that has no place in our police force. Such behavior is a betrayal of the oath to serve and protect all members of the community, and it strikes at the very core of the values that law enforcement is meant to uphold. We firmly believe that Lt. Kane is unfit to wear the badge, and we are calling for his termination upon the completion of the department’s investigation process.”

At City Council sessions after Kane’s body-cam showed him tampering with evidence, several New Rochelle residents wondered how many other innocent people might have been framed by Kane or officers under his supervision, and how a corrupt officer was repeatedly promoted and reached one of the NRPD’s most senior positions, leading its Special Investigations Unit. 

Ivin Harper at hearing where drug charges were dismissed

Commissioner Gazzola is empowered to make a final decision about discipline against Kane, which could include dismissal from the force, after the internal investigation is completed. 

The grand jury’s decision not to indict Kane suggests that they might not have felt the evidence against him would be sufficient for a conviction in court.  But Gazzola’s quick decision to suspend Kane and refer his case to the DA suggests that police brass found strong evidence that Kane committed a serious violation of NRPD’s policies and procedures, if not a crime.  Gazzola will not need to worry about presenting evidence in court — his decision will be based solely on maintaining the discipline and integrity of the NRPD and his view of the best interests of the community.

Gazzola, who became Commissioner in 2021, is already under intense scrutiny due to other incidents of serious police misconduct on his watch.  In September 2024, NYS Attorney General Letitia James declined to seek an indictment against NRPD Detective Steven Conn, who shot and killed Jarrel Garris on Lincoln Avenue on July 3, 2023, after Garris, a Black man, allegedly stole some fruit from the nearby New Rochelle Market and despite clear indications that he was suffering from a mental health condition.   

Although there was no indictment in the Garris case, AG James issued a scathing critique of Conn’s actions that escalated a minor non-violent incident into a fatal confrontation, as well as NRPD’s training on working with residents facing mental health challenges.  The NRPD is continuing an investigation into Conn’s actions, and he remains on the force and the payroll.  Commissioner Gazzola has announced no changes in NRPD procedures to avoid similar incidents in the future.

And Officer Alec McKenna remains on the force, despite his fatal shooting of Kamal Flowers, another Black man, in June 2020, when Gazzola was Deputy Commissioner.  Although McKenna was absolved of any misconduct by the NRPD, there has never been any explanation of why McKenna followed the car in which Flowers was riding as a passenger and chased him down a dark street before killing him. 

Meanwhile, Lt. Kane continues on leave, drawing his full salary from the city payroll.  He has submitted paperwork for disability retirement based on a wrist injury from 2016 and a shoulder injury from 2022.  If his disability application is approved by the New York State Local Retirement System, he will continue to collect at least one-third of his current salary for the rest of his life.