Report and Findings of Special District Attorney concerning an Incident alleged to have occurred in the City of Schenectady on May 19, 2016

Transcription

1 Report and Findings of Special District Attorney concerning an Incident alleged to have occurred in the City of Schenectady on May 19, 2016 By Order dated June 3, 2016, Hon. Vito C. Caruso, pursuant to Section 701 of the County Law of the State of New York, appointed Karen A. Heggen, Saratoga County District Attorney was appointed Special District Attorney to represent the People in the investigation of an incident alleged to have occurred in the City of Schenectady on or about May 19, 2016, involving Mayor Gary McCarthy, Sarah Dingley and members of the Schenectady Police Department with all power and authority to assist in the investigation of and to prosecute and dispose of any criminal or vehicle and traffic charges that may result therefrom. This followed an application by Schenectady County District Attorney Robert M. Carney, who set forth in a petition to the Court the facts and circumstances alleged to have occurred on or about May 19, 2016, and his personal and political reasons for recusing himself and his office from handling the investigation of the incident. Following the appointment in June 2016, the Saratoga County District Attorney s Office gathered information and interviewed all identified witnesses to the incident. Based upon all of the information gathered, it is the conclusion of the Special District Attorney that there is insufficient evidence to file any criminal charges against any of the identified participants in the incident. Below is a summary of the interviews and information obtained during the course of the investigation. Overview The investigation commenced following allegations that Gary R. McCarthy, Mayor of the City of Schenectady, used his political position to influence the City of Schenectady Police in a complaint against the Mayor. The incident being investigated occurred on May 19, 2016, involved Gary McCarthy, complainant, Sarah Dingley, and five Schenectady Police Officers: Lieutenant Wesley McGhee, Sergeant Michael Dalton and Police Officers Michael Gailor, Berardino Mancino, and Duane Bechand. As reported to members of the media, Ms. Dingley made allegations that Gary McCarthy had followed her at about 1:00 AM on May 19, 2016, from the area of Lexington Avenue, in the City of Schenectady to the Schenectady Police Station. Ms. Dingley stated that Mr. McCarthy blocked her vehicle off with his vehicle at Lexington Avenue and Union Street and then again on Liberty Street in front of the Police Station. She told the media that she smelled alcohol on Mr. McCarthy, and his speech was 1

2 slurred when he was telling her to stop. She reported that he said he was calling the police to respond to their location. Ms. Dingley reported that she felt Mr. McCarthy was shown preferential treatment by the Schenectady Police Officers who responded to the front of the Police Station on Liberty Street, where both Dingley and McCarthy were located in their vehicles by the police. The five police officers from the Schenectady Police Department present during the incident were interviewed. Only one police officer made a disclosure that he smelled alcohol, but could not say whether it was coming from Mr. McCarthy s breath because he never spoke with McCarthy or got close to him. None of the police officers who were interviewed felt that McCarthy used or attempted to use his political status to influence the complaint. The investigation into this matter also involved identifying, interviewing and reviewing information from all identified persons involved with the incident on May 19, Attempts were made to secure additional information surrounding this incident, but we were unable to obtain any other information. Interview with Sarah Dingley Representatives of the Saratoga County District Attorney s Office first met with the complainant, Sarah Dingley, on October 4, Ms. Dingley cancelled three prior scheduled times to meet. Ms. Dingley repeatedly stated that she did not want to pursue the matter because she wanted it to just go away, but she finally and very reluctantly agreed to meet. At her request, the interview took place at the Denny s Restaurant, Nott Terrace, Schenectady, NY, which was pre-arranged for 2:00 PM. Ms. Dingley arrived at 2:40 PM. Ms. Dingley stated that, on May 19, 2016 at about 1:00 AM, she was leaving a friend s house on Nott Street, near Lexington Avenue, in her black Dodge Ram van, drove west on Lexington Avenue and was being followed by a black Envoy truck flashing its lights. Ms. Dingley states that, at the intersection of Lexington Avenue and Union Street, the truck that was behind her pulled to her left as she was making a right turn onto Union Street. Ms. Dingley said the truck was operated by an older man who was telling her to pull over because he had called the police, and he said that he was the Mayor. Ms. Dingley said she could smell alcohol from the person saying he was the Mayor. She indicated that he was speaking through his passenger s side window to her through her driver s side window. She said that his speech was slurred. They were both in their vehicles and she approximated the distance to be less than 10 feet. Ms. Dingley called 911 and told the dispatcher what was going on and stayed on the phone until she reached the Schenectady Police Station. Ms. Dingley stated that, when she arrived at the Schenectady Police Station, the truck following her tried blocking her in by parking in the street partially in front of her van and the operator was yelling at her to get out of her vehicle and to go into the police station. Ms. Dingley said she was scared and did not believe he was the Mayor. Ms. 2

3 Dingley says the Schenectady Police arrived and the Mayor then parked his vehicle next to the curb in front of her van. The Schenectady Police initially spoke with the operator of the truck and then spoke briefly with her. The Schenectady Police told her he was the Mayor, Gary McCarthy and that he was not drunk. McCarthy then told her to, het going, so she drove away. Ms. Dingley felt they did not treat her fairly as the victim because the man who followed her was the Mayor. Ms. Dingley said she told the 911 dispatcher that she thought she wanted to press charges against the person following her but never told the Schenectady Police she wanted to press charges. Ms. Dingley concluded her statement by saying I just want to be left alone. I ve had troubles in the past and have straightened my life out. My mug shot was in the paper from years ago, and I didn t appreciate it. I didn t like the idea the Mayor was telling the news, presuming we were breaking into cars or houses or stealing recyclables. People now think I was in the wrong here but the Mayor acted completely inappropriately and it was hurtful. Ms. Dingley refused to identify the location on Nott Street from where she was coming or give the name of the female passenger in her vehicle. Ms. Dingley s deposition is attached as ENCLOSURE #1. Interview with Lieutenant Wesley D. McGhee On 10/25/16, Lieutenant Wesley D. McGhee was interviewed and voluntarily provided a statement concerning the incident that occurred on May 19, Lt. McGhee was working at approximately 1:00 AM when he responded to two individuals located outside the Schenectady Police Department at 531 Liberty Street who had allegedly been involved in a confrontation. The two individuals were identified as Gary McCarthy, Mayor of the City of Schenectady and Sarah Dingley. In regards to the allegations made by Ms. Dingley, Lt. McGhee stated, that Mr. McCarthy told him that he had observed what he thought to be suspicious activity involving Ms. Dingley and her passenger possibly going through trash on Lexington Avenue. Mr. McCarthy told Lt. McGhee that he decided to follow Ms. Dingley and her passenger to try to get them to go to the police station. Mr. McCarthy said that he said he was unable to call 911. Ms. Dingley reported to Lt. McGhee that she could smell alcohol on McCarthy s breath. Lt. McGhee said he stood face to face with Mr. McCarthy and did not smell alcohol on Mr. McCarthy, and that, in McGhee s opinion, Mr. McCarthy was not intoxicated. Lt. McGhee stated that Mr. McCarthy s speech was clear and unslurred; his eyes were clear and not watery or bloodshot; his physical movements were unimpaired and there was no alcohol on his breath. Lt. McGhee said that he spoke with Ms. Dingley, who said that McCarthy scared her when he followed her and she wanted to press charges. Lt. McGhee stated that Ms. Dingley did indicate McCarthy had not threatened her or made any physical contact with her. The Lt. determined that there was no criminal component to the incident. Lt. McGhee said that Ms. Dingley seemed satisfied with his explanation of the situation and offered no objections to his assessment of the matter. Lt. McGhee advised Mr. McCarthy to leave law enforcement to the Police Department. Lt. McGhee also stated that it was Mr. McCarthy who told Ms. Dingley to get outta here. Lt. McGhee s deposition is attached as ENCLOSURE # 2. 3

4 Interview with Patrolman Michael V. Gailor On 10/28/16, Patrolman Michael V. Gailor, was interviewed and voluntarily provided a statement concerning the incident that occurred on May 19, Patrolman Gailor stated that he was working at approximately 1:00 AM on patrol in a police car when a 911 call came from dispatch regarding a vehicle being followed by another vehicle, and responded to the police department. Patrolman Gailor stated that at the police department, he observed the pick-up truck, which he learned was owned and operated by Gary McCarthy, Mayor of Schenectady, parked at an angle in the street in front of a black Dodge Ram van, determined to be owned and operated by Sarah Dingley. Patrolman Gailor noted that the van and truck were positioned in such a way that Dingley could have gotten around the pick-up or backed up if she wanted to get away from the truck and Mr. McCarthy. Patrolman Gailor stated that he was not aware why Mr. McCarthy followed the van to the police station. Patrolman Gailor stated that he did not talk with or get close enough to Mr. McCarthy to make any observations of him that would lead him to believe that Mr. McCarthy was intoxicated or had been drinking. Patrolman Gailor stated he spoke with the passenger in the van, does not remember getting identification from her or getting her name, and did not hear anyone asking to press charges against the operator of the truck, Mr. McCarthy. Patrolman Gailor remembered Mr. McCarthy telling Ms. Dingley, Get out. Patrolman Gailor s deposition is attached as ENCLOSURE # 3. Interview with Patrolman Berardino Mancino On 10/28/16, Patrolman Berardino Mancino was interviewed and voluntarily provided a statement concerning the incident that occurred on May 19, Patrolman Mancino was working at approximately 1:00 AM at the police station. Patrolman Mancino stated that when he went outside the station, he observed a black van and a black GMC pick-up truck parked on Liberty Street against the curb in front of the police station. Patrolman Mancino learned that the van was operated by Sarah Dingley and the pick-up truck by Gary McCarthy, Mayor of Schenectady. Based upon the location of the van and the pick-up truck, Patrolman Mancino thought Ms. Dingley was able to back out of the parking spot if she wanted to. Patrolman Mancino stated that he briefly spoke with Ms. Dingley in front of the police department, while she was seated in her van and identified only her, believing that Patrolman Gailor had identified Ms. Dingley s passenger. Patrolman Mancino stated that he asked Ms. Dingley if she was all right and if she needed medical attention. She refused and said she was all right. Patrolman Mancino stated that Ms. Dingley asked if the pick-up truck operator was the Mayor and he told her yes. She asked Patrolman Mancino if anyone was going to speak with her, and Mancino told her that Lt. McGhee would speak with her when he was done speaking with Mr. McCarthy. Patrolman Mancino stated that Ms. Dingley did not ask him and he did not hear her ask anyone to press charges against Mr. McCarthy. Patrolman Mancino stated that at the time of the call, he did not know why Mayor 4

5 McCarthy followed Ms. Dingley. Patrolman Mancino stated that he did not observe anything from his police training that would give him an inclination that Mr. McCarthy was intoxicated, but added he was too far from Mr. McCarthy to have smelled alcohol, hear his speech, or see his eyes. Patrolman Mancino s deposition is attached as ENCLOURE # 4. Interview with Patrolman Duane D. Bechand On 11/07/16, Patrolman Duane D. Bechand, was interviewed and voluntarily provided a statement concerning the incident that occurred on May 19, Patrolman Bechand indicated he was located inside the police station when the call came in. Patrolman Bechand stated that he was not aware of the reason(s) that Mr. McCarthy gave for following Ms. Dingley, but felt that Mr. McCarthy should have called the police if he thought that there was a need for police intervention, he should have called the police rather than follow her himself. Patrolman Bechand stated that he thought Mr. McCarthy did block Ms. Dingley s van in at the police station such that she was not able to drive away. Patrolman Bechand did not know Ms. Dingley s passengers name. Patrolman Bechand recalled Ms. Dingley stating, All this over garbage, and I want him arrested. Bechand said he did not know what charges Ms. Dingley wanted to press against Mr. McCarthy. Patrolman Bechand heard Lt. McGhee tell Mr. McCarthy to call the police instead of following someone. Patrolman Bechand stated that he observed and heard Mr. McCarthy yelling from the sidewalk to Ms. Dingley in her van to get out of the city. He said that Mr. McCarthy was crying and that he said that he used to be an Investigator in the Schenectady County District Attorney s Office. Patrolman Bechand stated he did not get close enough to smell alcohol on Mr. McCarthy. Patrolman Bechand said that he did not know if Mr. McCarthy used his political status to get preferential treatment because he did not hear what Mr. McCarthy and Lt. McGhee talked about. Patrolman Bechand said Lt. McGhee was in charge of the call and made the decisions regarding the incident. Patrolman Bechand s deposition is attached as ENCLOSURE # 5. Interview with Sergeant Michael R. Dalton On 11/07/16, Sergeant Michael R. Dalton was interviewed and voluntarily provided a statement concerning the incident that occurred on May 19, Sergeant Dalton was working the desk in the police department when the 911 call from Sarah Dingley was placed. Sergeant Dalton came out from the police station when Ms. Dingley and Gary McCarthy, the Mayor of the City of Schenectady, were parked in front of the Schenectady Police Department at 531 Liberty Street. Sergeant Dalton thought that Mr. McCarthy did not have good reason(s) to follow Ms. Dingley, even if there was an allegation of a crime, and he had not heard of any crimes she may have committed. Sergeant Dalton stated that he observed Mr. McCarthy s vehicle blocking Ms. Dingley s vehicle from pulling forward, but saw on video that she was able to back up. Sergeant Dalton was only aware of Ms. Dingley s name and not her passenger s 5

6 name. Sergeant Dalton recalled the following conversation between Mr. McCarthy and Ms. Dingley: she accused Mr. McCarthy of being drunk; towards the end of the call, Mr. McCarthy asked where she lived, she told him, in the city and that she was a lifelong resident; Mr. McCarthy said, Get out she asked, Get out of the city? and he said, Yes, get out. Sergeant Dalton heard Ms. Dingley tell Lt. McGhee that she wanted to press charges against the Mayor for trying to stop her and following her. Sergeant Dalton did not think that Mr. McCarthy had a complaint against Ms. Dingley, but said that he though Ms. Dingley had valid concerns. Sergeant Dalton heard Ms. Dingley state, He didn t have the right to follow me. Sergeant Dalton thought a third party agency should have been called in to investigate the complaint. Sergeant Dalton stated that he heard Lt. McGhee and Mr. McCarthy talking and the Lieutenant asking Mr. McCarthy what had happened, and Mr. McCarthy said she was looking through garbage. Then towards the end of the incident, Sergeant Dalton heard the Lieutenant tell Mr. McCarthy, if you have a problem like this call us. Mr. McCarthy replied that he had worked in the prosecutor s office for 40 or 30 years. Sergeant Dalton said that he believed the incident should have been looked into further. Sergeant Dalton stated that he observed Mr. McCarthy exhibiting some signs of intoxication; he smelled alcohol from Mr. McCarthy s person; but he could not say whether it was from his breath because he never got close enough to him to smell his breath or have any direct conversations with him. Sergeant Dalton said Mr. McCarthy was acting out of character; his emotions were up and down, from normal to crying. His eyes appeared glassy and he had loose muscle tone in his face. Sergeant Dalton believed Mr. McCarthy had consumed alcohol but has no way of saying whether he was intoxicated because there were no Standardized Field Sobriety Tests performed and no pre-screening test for alcohol administered. Sergeant Dalton said that Lt. McGhee was handling the call and made the decisions. Sergeant Dalton said that, if it had been his call and not Lt. McGhee s, he would have called the State Police for further testing. Sergeant Dalton said Lt. McGhee was handling the call and made the decisions. Sergeant Dalton said that he heard Mr. McCarthy tell Ms. Dingley that he was the Mayor and the passenger in Ms. Dingley s vehicle asked, Is he really the Mayor? Sergeant Dalton stated that after the call he addressed his concerns about the call with Lt. McGhee. Sergeant Dalton said that he would have called in the State Police to investigate further to avoid the appearance of impropriety. Sergeant Dalton also said he was surprised that Ms. Dingley and Mr. McCarthy were suddenly told to leave the scene. Sergeant Dalton s deposition is attached as ENCLOSURE #6. Interview with Mayor Gary R. McCarthy On 12/14/16, City of Schenectady Mayor Gary R. McCarthy was interviewed and voluntarily provided a statement. Mr. McCarthy stated that he has lived in Schenectady for 45 years and worked there for over 38 years. Mayor McCarthy completed high school and two years of college in Schenectady, and attended the State University of New York at Albany. McCarthy worked for the County of Schenectady in the District 6

7 Attorney s Office from He was an Investigator for the Schenectady County District Attorney s Office for 30 years, he was on the City of Schenectady s City Council from , ran for Mayor of Schenectady in 2000 and lost, then ran again successfully for Mayor of Schenectady in 2011, and was re-elected as Mayor in Mr. McCarthy states that, on May 19, 2016 at about 1:00 AM, he was home getting ready to retire for the night and remembered that he had to put his garbage out for the garbage pick later that morning. McCarthy stated that he took three trips to bring his garbage to the curb, due to the City s recycling program you have a refuse bin, a paper, bin, and a plastic and metal bin. While he was making the trips to the curb, he noticed a vehicle with which he was not familiar driving down his street, Lexington Avenue, stopping and starting. McCarthy thought the vehicle was acting suspiciously, due to its stopping and starting and the time it was. McCarthy thought the van was either casing cars to break into them, which had been happening a couple blocks away, or stealing recyclables, against which there is a City ordinance or possibly looking for a house at which to buy drugs. At that time, there was a nearby house that was being investigated for drug sales. Mr. McCarthy thought he should get the vehicle s plate number to report to the police, so he got in his new truck and drove down his street to get close enough to get it. The vehicle was too far down the street for him to walk and get it. As Mr. McCarthy came upon the vehicle it was stopped so he drove to the left of it and wanted to ask what the occupants were up to. He saw that the van was occupied by two females, then it drove off. McCarthy said he was trying to call the police but his new truck is equipped with Bluetooth and each time he tried making the call he inadvertently hit the end call button on the vehicle. At the intersection of Union Street and Baker Avenue, he drove to the left of the vehicle to tell them that he was calling the police and that he was the Mayor, but the van drove off again. He followed the van down Union Avenue to Woodland Avenue to Eastern Parkway, which turns into Eastern Avenue, then into Liberty Street to the Police Station, where he pulled to the left of the van. While still seated in his truck he tried to talk the driver of the van into going into the police station, but she refused. Mr. McCarthy stated that a few minutes later, Schenectady police officers came out of the station and a couple of police cars arrived, so he pulled his truck in front of the van. McCarthy stated that he got out of his truck and went onto the sidewalk where he spoke with Lt. McGhee and gave him a brief synopsis of what had occurred to bring him and the van to the police station. McCarthy said that he did not speak with the three or four other police officers who were there because they were talking with and focused on the occupants of the van. Lt. McGhee then spoke with his police officers, who reported that the driver of the van, Sarah Dingley, had a valid license, valid registration, current insurance, and no recyclables in the van. Lt. McGhee told Mr. McCarthy that they had no reason to hold her any longer. McCarthy stated that he said something to Ms. Dingley to the effect that she could go. Mr. McCarthy stated that he was not intoxicated and never cried, but that he suffers from seasonal allergies so his eyes water, he sneezes and his nose runs. 7

8 Mr. McCarthy said that his intention was to report possible criminal activity to the police. He added that, had he been able to make phone contact with the police, he would not have followed the van and would have let the police investigate it. In this age of see something, say something, and with his 30 years of law enforcement experience, and still being a public servant as Mayor of Schenectady, he felt it was appropriate and his duty to report to the police a vehicle not familiar to him on his street, which appeared to be acting as though crime was afoot. Mr. McCarthy s deposition is attached as ENCLOSURE # 7. Videos and 911 Call A review of the videos provided by the Schenectady Police Department substantially corroborates the series of events that occurred that evening as set forth in the statements summarized above. The video from street cameras shows at different points in the city, the black pickup truck driven by Mr. McCarthy located behind the black van driven by Ms. Dingley at what appears to be a reasonable distance behind the black van. When the vehicles first arrive at the police station, the van pulls to the curb and the pickup truck pulls alongside the van. A short time later, the pickup truck pulls forward and in front of the van at an angle. The pickup truck remains there for a few minutes until members of the Schenectady Police Department come out from the station and a marked police car arrives and parks behind the black van. The interaction between the police, Mr. McCarthy and Ms. Dingley takes approximately five minutes. The video from the police station depicts Lt. McGhee arriving first, followed shortly by the other officers and the marked police car operated by Patrolman Gailor. It appears that Lt. McGhee first speaks with Mr. McCarthy, who gets out of his truck and approaches him. It then appears that Mr. McCarthy gets back in his truck and pulls it forward, away from Ms. Dingley s van, and parks it along the curb approximately two car lengths beyond Ms. Dingley s van. Information is gathered about the operators of each vehicle. The passenger in Ms. Dingley s vehicle is not identified. The officers also speak with Ms. Dingley about her concerns. Some officers indicate that she said she wanted to press charges against Mr. McCarthy, (but do not specify for what), while others say they did not hear that. There is some conversation picked up from the video equipment in the patrol car assigned to Patrolman Gailor, including an exchange where it sounds like Ms. Dingley says I like garbage I m a garbage picker. When asked where she lives, Ms. Dingley responds I ve lived here my whole life. A male voice, identified by several officers as Mr. McCarthy s is heard saying Get outta here, with a female voice responding Get out of town?. At that point, Ms. Dingley starts the black van and begins to pull away. A female voice is heard saying, You owe me one Mayor. The black van pulled away. Mr. McCarthy shakes Lt. McGhee s hand and goes to his pickup truck, starts it and pulls away from the curb. Patrolman Gailor returns to his car and leaves the scene and the other officers return to the police station and go inside. The 911 call placed by Ms. Dingley captures her concerns after the black pickup 8

9 truck, (which we learn at the police station is driven by Gary McCarthy, the Mayor of Schenectady) begins to follow her through the streets of Schenectady. She relates her observations to the dispatcher about her brief discussion with him when he pulled his truck alongside her van near an intersection. She tells the dispatcher she is going to drive to the police station. When asked whether she wants to press charges against the operator of the pickup truck, she says at some points that she does not want to press charges but, near the end of the 911 call when she is in front of the police station and the officers are arriving, she does tell the dispatcher that she wants to press charges. There is a delay from when she arrives at the police station and when the first officer comes out from the police station. The call is terminated when the dispatcher confirms that the police are with her. She does not articulate what crime she believes the pickup driver should be charged with. The station camera video, the patrol car video and the 911 call Dropbox links are attached as ENCLOSURE #8. Recommendations As to the choices and conduct of those involved that evening, while not rising to the level of a violation of the law, the actions of the members of the Schenectady Police Department and Mr. Gary McCarthy raise concerns. The following are recommendations of alternative actions that should have been taken that evening: 1. Another police agency should have been called in to take over the investigation because Mr. McCarthy is the Mayor of Schenectady and the person who makes determinations regarding the police department, including promotions. 2. Mr. McCarthy should have called law enforcement to investigate his concerns rather than follow a vehicle through the city and attempt to have the vehicle stop for him. 3. After allegations of the smell of alcohol coming from Mr. McCarthy, field sobriety testing and administration of a breath pre-screening test should have been conducted by members of the Schenectady Police Department or preferably, another law enforcement agency. 4. The operators of the vehicles should have provide written statements to the police inside the station rather than allow the parties to leave the scene without gathering any written information. 5. Another police agency should have been called in to take over the investigation because Mr. McCarthy is the Mayor of Schenectady and the person who makes determinations regarding the police department, including promotions; 6. The passenger in the van should have been identified and interviewed separately. 9

10 Conclusion The majority of the people involved in the incident that evening provide a consistent version of what occurred. The actions of the people involved are largely captured on video and corroborate the statements given. As it relates to the driving and verbal interaction between McCarthy and Dingley, it is my opinion that there were not any actions by any party involved in the incident on May 19, 2016 that rose to the level of a violation of the New York State Vehicle and Traffic Law or the Penal Law. As it pertains to McCarthy s condition on that evening and whether he was under the influence of alcohol, there is not sufficient information to find that he was impaired or intoxicated. Ms. Dingley s version of the actions of those involved have been somewhat corroborated by the videos and 911 calls. However, her interpretation of the events as to allegations of violations of the law, including Mr. McCarthy s smelling of alcohol and being drunk, as well as her contention that favoritism was shown to him do not match up with the information provided by others. The five police officers from the Schenectady Police Department who were present during the incident were interviewed. Only one police officer made a disclosure that he smelled alcohol, but could not say if it was coming from Mr. McCarthy s breath or not because he never spoke with McCarthy or got close to him. The Lieutenant who did speak directly with McCarthy said he did not smell alcohol on McCarthy s breath and he observed no signs that McCarthy was intoxicated. None of the police officers who were interviewed felt that the Mayor used or attempted to use his political status to influence the complaint. When McCarthy told Ms. Dingley to get outta here, she left on her own, without being directed by any member of the police to leave. Ms. Dingley also told us that she thought she was being targeted by the Schenectady Police since the May 19, 2016 incident. A review of the calls to Schenectady Police since May 19, 2016 that involving Sarah Dingley were all initiated by a third party complaining about her. None were initiated by the Schenectady Police. Ms. Dingley did receive a parking ticket since May 19, 2016, which was issued by the City of Schenectady s Parking Enforcement not by the Schenectady Police, and Ms. Dingley paid it. Since the incident, Ms. Dingley has told our office that she just wants to be left alone and has declined to cooperate with us in providing other information sought from her. Having been directed to investigate the incident and make a determination if there are any criminal or vehicle and traffic charges that should result from that evening, I have concluded that based upon the totality of all the evidence gathered and shared as attachments to this report, that there should be no charges filed against any of the individuals involved in the incident that occurred on May 19, 2016 at approximately 1:00 AM in the City of Schenectady involving Gary McCarthy, Sarah Dingley and five members of the Schenectady Police Department. 10