Troop A of the New York State Police honored those troopers who made the ultimate sacrifice in the line of duty in a ceremony at the Batavia Barracks on Tuesday.
Photos courtesy of the New York State Police.
A State Police investigation into a fatal motorcycle accident, following a high-speed pursuit by a sheriff's deputy in Batavia and Stafford, cleared the deputy of any fault in the incident, according to a report obtained by The Batavian through a Freedom of Information Law request.
Nicholas L. Keiffer, 26, of West Center Street, Medina, lost control of his 2001 Kawasaki Ninja on July 6 on Route 63 as he entered a curve in the roadway just north of Fargo Road after fleeing an attempted traffic stop by Deputy Zachary Hoy.
The state's Executive Law requires the Office of Attorney General (OAG) to open an investigation when a person's death may have been caused by a police officer. Based on findings by the State Police, the OAG informed District Attorney Kevin Finnell on Aug. 2 that the evidence indicated the OGA had no statutory authority to open a criminal investigation into the conduct of the deputy.
In other words, the OAG informed the county that there is no evidence of misconduct in the incident by the deputy.
Investigator Thomas K. Rzepecki, of the Troop A Collision Reconstruction Unit, completed an accident reconstruction report for the State Police, and he concluded that Keiffer was at fault in the accident.
"The primary contributing factor to this collision, as it relates to the analysis of the evidence, was the failure of the operator of Vehicle 1, Nicholas L. Keiffer, to remain within his appropriate lane of travel," he wrote in the report. "The high speed at which Mr. Keiffer entered the right-hand curve prior to the intersection contributed to his failure to keep right, and also to the severity of the injuries sustained in the collision. An additional factor to consider is Mr. Keiffer's failure to comply with Deputy Hoy's attempt to affect a traffic stop on SR 5."
He also states, "Roadway defects, environmental conditions, and vehicular defects have all been considered and ruled out as contributing to the cause of the collision."
Investigator Eric Daigler officially closed the investigation based on the findings on Dec. 22.
150 mph
The incident began shortly before 6:50 p.m. on July 6. Hoy was running radar in the parking lot of A-1 Self Storage, 5658 Main St, Stafford, when he observed a motorcycle passing another vehicle on westbound Route 5. The radar indicated the motorcycle was traveling at 150 mph.
Hoy entered the lane of traffic and activated his emergency lights.
The motorcycle initially pulled over as if stopping for the officer near the Department of Transportation facility at 5441 Main St., Stafford. As Hoy pulled in behind the motorcycle, the driver fled.
Radio transmissions acquired by Daigler from the Sheriff's Office, indicate that Hoy informed dispatchers at 6:50 p.m. that the motorcycle was fleeing. Hoy activated his lights and siren and began a pursuit.
The motorcycle turned left on Batavia-Stafford Townline Road.
Data, obtained by Daigler, recorded on the patrol vehicle's computer system, indicate the top speed of Hoy's vehicle while on Batavia-Stafford Townline Road was 104 mph.
A resident's Ring camera captured the motorcycle passing that location (the address is redacted in the report) at a high rate of speed and then recorded Hoy's vehicle passing with lights and sirens 18 seconds later.
Hoy observed the motorcycle turn left onto Route 63. Vehicle data indicate Hoy's vehicle turned left 20 seconds later. Hoy's top speed on Route 63 was 120 mph.
Near Route 63 and Mayne Road, at 6:52 p.m., Hoy informed dispatchers he had lost sight of the motorcycle and was discontinuing the pursuit.
He deactivated his lights and siren and slowed his speed, and continued southbound.
At 63 and Fargo, Hoy told Senior Investigator Brian Howard during an interview on July 11, that he spotted a small dust cloud along the roadway and thought perhaps the rider had crossed into the shoulder while negotiating the turn.
His speed at that intersection was 53 mph.
Hoy continued into the hamlet of East Bethany at 30 mph, where he turned around.
When he again reached 63 and Fargo at 6:55 p.m., with a northbound vantage point on the intersection, he spotted Keiffer's motorcycle on its side in a field behind a hedge row.
According to scanner traffic at the time of the incident, a person at the scene -- likely Hoy -- attempted CPR on Keiffer. Keiffer would later be pronounced dead at the scene by a county coroner.
Among the first Sheriff's Officer personnel on scene was Investigator Ryan Delong. He photographed the scene. Those photographers were later turned over to State Police. DeLong also told State Police that the NYS Office of the Attorney General was advised of the accident. Detectives from the OAG's Office of Special Investigations responded to the scene.
Soon after the accident, Sheriff William Sheron requested the State Police conduct the investigation because the incident involved one of his deputies.
Evidence
Rzepecki described the intersection in his report.
Route 63 contains a dip in the roadway followed by a right-hand curve with an uphill grade, according to the report. There is a yellow advisory sign about 500 feet ahead of the curve that recommends vehicles slow to 45 mph. The posted speed limit is 55 mph.
Evidence at the scene consisted of tire marks, furrows, an impacted signpost, vehicle debris, pavement scrapes and gouges, and disturbed vegetation.
Rzepecki stated that tire marks were found on the east shoulder of Route 63 and continued southeast across the shoulder into a grassy area north of the intersection, where it transitioned into a series of furrows. Investigators determined it was at that point that the motorcycle overturned and struck a signpost.
Vehicle debris and grass fanned out southeast of the impact point across Fargo Road and led to a series of pavement scrapes and gouges. There was vehicle fluid and tire marks within the northbound lane and east shoulder of Fargo Road and disturbed vegetation and vehicle debris that led to the location of the motorcycle.
Rzepecki wrote, "The observed evidence indicates that Vehicle 1 was traveling southeast on SR 63. It crossed the center line and exited the east shoulder of the roadway, overturned, struck a signpost, and became airborne across the southbound lane of Fargo Road. Vehicle 1 landed within the northbound lane and east shoulder of Fargo Road, continued southeast down an embankment, and came to an uncontrolled final rest in the field east of the roadway."
The driver was ejected and sustained fatal injuries, Rzepecki reported.
Hoy's patrol vehicle was undamaged, and Rzepecki said there was no evidence of contact between the patrol vehicle and the motorcycle.
Based on an investigator's calculations, the maximum speed a vehicle can negotiate the curve is 91 mph. Based on calculations using evidence at the scene, Keiffer's Kawasaki was traveling at between 87 and 92 mph just before it came to the curve. That calculation does not include the possibility of any breaking by Keiffer just prior to that point. At the point the bike became airborne, after it left the pavement, it was likely traveling at 77 mph, according to the report.
Daigler obtained Keiffer's mobile phone. Keiffer's mother signed a consent form allowing the State Police to search the phone. A forensic investigator later informed Daigler that all pertinent data from the phone was stored in the Google cloud. Daigler contacted Douglas Curella, the law clerk for County Court Judge Melissa Lightcap Cianfrini, about obtaining a warrant ordering Google to turn over the data. Curella later informed Daigler that Cianfrini would not sign a warrant "because no legal action is being taken by the State Police and the only individual who committed crimes related to the investigation is now deceased."
In addition to patrol vehicle data, video footage, physical evidence at the scene, and recorded and timestamped radio transmissions, investigators interviewed 19 witnesses.
Among those witnesses was the mother of Keiffer's girlfriend.
Keiffer was reportedly living at their house at the time, and he and his girlfriend's mother were speaking outside at about 6:15 p.m. when they observed a motorcycle pass their location. Keiffer reportedly observed that the motorcycle was a 'nice bike' and informed the mother he was going to go for a ride.
Top Illustration: Screenshot of an illustration in the State Police report. For a higher-resolution version, click here.
Accident scene photo from July 6 by Howard Owens
Screenshot of illustration in State Police report.
State Police Troop A held its 41st Memorial Day for fallen troopers at the Batavia Barracks on Thursday.
Photos by Alecia Kaus/Video News Service.
Press release:
The New York State Police will participate in a national crackdown on distracted driving as part of April’s National Distracted Driving Awareness Month. The enforcement effort, called Operation Hang Up, will include increased patrols and checkpoints targeting drivers using electronic devices while behind the wheel. This year’s enforcement detail will run from Monday, April 4, through Monday, April 11, 2022.
Troopers will be using both marked State Police vehicles and Concealed Identity Traffic Enforcement (CITE) vehicles to more easily identify motorists who are using handheld devices while driving. CITE vehicles allow the Trooper to better observe distracted driving violations. These vehicles blend in with everyday traffic but are unmistakable as emergency vehicles once the emergency lighting is activated.
New York State Police Superintendent Kevin P. Bruen said, “Distracted Driving continues to be a leading factor in motor vehicle crashes. Yet, the deaths and injuries caused by distracted driving are 100 percent preventable. Drivers must be aware of their surroundings and consciously reduce distractions and behaviors that take their attention from the road. State Police will continue to work toward making New York’s roads safer and we will hold distracted drivers accountable.”
According to the National Highway Traffic Safety Administration (NHTSA), 3,142 people were killed in the United States in distraction-affected crashes in 2020. To help prevent more tragedies, NHTSA recommends the following for motorists:
- If you must send or receive a text, pull over to a safe location and park your car first.
- If you have passengers, appoint a “designated texter” to handle all your texting.
- If you can’t resist the temptation to look at your phone, keep it in the trunk.
Current New York State law includes the following penalties for distracted drivers:
- For a first offense, the minimum fine is $50 and the maximum is $200
- A second offense in 18 months increases the maximum fine to $250
- A third offense in 18 months results in a maximum fine of $450
- Probationary and junior drivers face a 120-day suspension of their license for a first offense, and one-year revocation of their permit or license if a second offense is committed within six months
New York State Police Troop A held their annual Law Enforcement Memorial Service today at the Troop A Barracks in Batavia.
This was Troop's first service since 2019 after last year's service was canceled because of the coronavirus pandemic.
The service honors troopers who have died in the line of duty.
New York State Police Acting Superintendent Kevin P. Bruen attended the event.
Press release:
Congressman Chris Jacobs (NY-27) was endorsed by the New York State Troopers Police Benevolent Association at a press conference this morning.
"Throughout his entire public career, Chris Jacobs has been a vocal advocate for the men and women of our law enforcement," said Jack Moretti, NYSTPBA retiree legislative liaison. "As a retired member of the New York State Troopers, I know firsthand that our police officers need more resources, which is why it is critically important we have elected officials who will tirelessly support our forces.
"We are proud to endorse Chris Jacobs for Congress, and we are more than confident that he will continue his strong defense of our police officers and be a true fighter for our needs and the safety of our communities."
Moretti was joined by John Clark, second vice-chair, and Ryan Hadsall, Troop A delegate, to deliver the endorsement of Jacobs. The NYSTPBA represents more than 6,000 active and retired New York State Police.
“At a time when there are growing calls to defund our police forces around our nation, it is essential that we support our law enforcement and elect leaders who are willing to stand by them," Jacobs said. "I am truly honored to be endorsed by the New York State Troopers PBA, and I am proud of my strong record fighting for our law enforcement's needs.
"I have profound respect for anyone who puts on the uniform and bravely serves their community, and I promise to continue fighting for our great police in Congress."
Among the 226 new state troopers who graduated in the 209th class Basic School of the New York State Police Academy was Evan Cole, a 2015 graduate of Elba High School.
He has been assigned to Troop D.
“After months of difficult classwork and training, the 209th Basic School graduates join the ranks of one of the finest police agencies in the world,” said New York State Police Superintendent Keith M. Corlett. “This graduation is the culmination of 26 weeks of hard work and perseverance. I congratulate all of our new Troopers and thank them for their continued dedication and determination.”
Photo submitted by Lynn Bezon.
Major James M. Hall, a 25-year veteran of the New York State Police has been named the 25th Troop Commander in the 102-year history of Troop A.
As the Troop A Commander, Hall will oversee all State Police patrol and investigative operations within the eight counties of Western New York for more than 400 sworn and civilian personnel.
Hall began his State Police career in 1994 and rose through the ranks, most recently, serving as Troop A’s BCI Captain. His duties have included: Uniform Trooper, Sergeant, Lieutenant and Captain. Additionally, he has served in the Professional Standards Bureau, as well as the Gaming Detail.
Hall received a bachelor's degree in Organizational Management from Houghton College and a master’s degree in Public Administration from Marist College. He is also a graduate of the Federal Bureau of Investigation National Academy.
Throughout his career, Major Hall has had the opportunity to work on several high-profile cases during his various assignments. He is committed to public service and comes from a family with a rich history in law enforcement.
On Tuesday, members of Troop A, New York State Police, held their annual Memorial Day Service in remembrance of their colleagues who gave their lives in the line of duty.
Press release:
The New York State Police is advising motorist to avoid any unnecessary driving during the winter storm that is forecast to bring a significant amount of snow and -25 degrees below zero temperatures across the Western New York Wednesday into Thursday evening.
Troopers will be out checking all major routes of travel to ensure that motorists are as safe as possible and working with local Emergency Operations Centers as needed. The State Police need your assistance to make this possible.Motorists traveling in areas impacted by the snow are asked to leave with extra time to make a slow and careful drive to your destination. Take into consideration snow accumulation on the roads, the current snowfall rate, the wind, and visibility. Use your best judgment to determine if driving is prudent.
Keep the following tips in mind:
- Get the latest weather forecast before leaving with your local weather apps, monitor radio or TV stations.
- Always clean your windows and mirrors FULLY of any snow and ice before driving.
- Keep a full tank of gas.
- Fluid levels are sufficient ( windshield washer fluid, anti-freeze).
- Spare tire is sufficient and you have the jack and wheel wrench.
- Use headlights at all times to increase your visibility to others. Remember, if your windshield wipers are in use due to weather, then your headlights must be on.
- Drive prudently. If the conditions are adverse, you should decrease your speed accordingly.
- Brake early.
- Do NOT use cruise control. This decreases your reaction time to apply braking.
- Look out for events farther down the road. Creating more time to react can make a difference.
- Be aware of maintenance vehicles and emergency vehicles. Give them room to work.
- If you do not absolutely have to go out on the roads, then don’t.
If you do go out, is your vehicle prepared?
- Is your trunk supplied to help you to be safe in case you are stopped or stranded in an area without assistance readily available?
- Gloves, blankets, warmers, tool kit, first-aid kit, nonperishable foods, water, working flashlight and batteries, cell phone charger, etc.
- Shovel, ice scraper, de-icer, snow brush, rock salt or cat litter, tow chain or cable, jumper cables or battery charger, etc.
If you are involved in a collision or leave the roadway:
If you drive off the roadway and are stuck in a snow bank or ditch, stay in your vehicle and call 9-1-1. DO NOT exit your vehicle unless it is an absolute emergency. You put yourself at risk of being struck by another vehicle.
Roll your windows down a few inches or turn your vehicle off if you are stranded in snow for a period of time with your vehicle running. Covered mufflers can cause serious physical injury or death due to inhalation of carbon monoxide.
If you should become stranded on the Thruway or any roadway, know your location by being aware of your direction and mile post marker. This will help emergency personnel reach your location as quick as possible.
Follow the New York State Police's Twitter page @nyspolice for up-to-the-minute information on road closures and weather alerts.
The Thruway Authority provides a wide variety of information for travelers including current traffic conditions, accidents, and lane closures. Visit www.thruway.ny.gov for more information.
Slow down. Be prepared. Be safe.
State Police Troop A held their annual memorial service Tuesday honoring the men and women who made the ultimate sacrifice in service of the citizens of Western New York.
Speakers included James P. Kennedy Jr., United States attorney for Western New York, and Major Edward J. Kennedy, Troop commander.
The event was held inside because of rain.
To purchase prints, click here.
State troopers have a new tool in their aviation toolbox, Capt. Scott Reichel told members of the media assembled at the Batavia Barracks today, where a new program to deploy 18 drones across New York State was announced.
The first two drones were purchased as a pilot project by the State Police. The next 16 were purchased by the Trooper Foundation and donated to the State Police.
Reichel said the program will be evaluated for efficiency and effectiveness, which could determine whether to expand the program or purchase higher-end drones with more capabilities.
The DJI model being deployed, with all accessories, costs about $7,000 each.
"We picked this model because it's a good, proven platform, good airworthiness, pretty good capability to operate in cold weather, and they're used in cinematography and photography, so they have a good camera system," Reichel said.
They will be used in search and rescue missions and criminal investigations. They will also be tested in accident reconstruction, though that requires the purchase of additional technology, but Reichel said the drones could potentially help get accident scenes clear sooner by speeding up the investigation process.
"One reason we picked this drone is cost," Reichel said. "One of the things we wanted to be able to do was deploy these across the state. It doesn’t do any good for the State Police to have one drone to service the entire state of New York. We were able to acquire 18 of these and we’ll be able to put two in each troop."
There is technology available that could help with locating marijuana grow operations, an operation now handled by state police helicopter pilots, but State Police have not yet purchased cameras with that capability. Nor do the cameras have thermal imaging technology.
"The intention is not really to use these for marijuana eradication at this point," Reichel said. "This is more for support of police operations as they're evolving, more a response-type tool."
The goal is to have four to six troopers in each troop, excluding Troop T, which will be covered by the other troops for drone operations, certified to operate the drones.
To be eligible for considerate, a trooper must first become Part 107 certified by the FAA on his or her own time. If accepted into the program, the trooper will go through another 32 hours of training.
There are policies and procedures troopers must learn and obey. All of the same rules that apply now to searches and privacy will apply to drone pilots, Reichel said.
"As always, we safeguard people’s privacy," Reichel said. "That’s the way the State Police operates. We’ve established a privacy policy that governs our use of the drones. We discussed it with the New York Civil Liberties Union. The drone is not intended to circumvent any legal process that we already comply with, so it’s just another tool in the toolbox."
Zone Sgt. Corey Harmon
Press release:
On Dec. 9th, members of the Batavia Police Department, the Genesee County Sheriff’s Office, and New York State Police Troop A, will be participating in the third annual “Shop with a Cop” event at Walmart on Veterans Memorial Drive.
Grant money from Walmart, designated specifically for this event was distributed equally to all three organizations. The schools within Genesee County assisted in choosing the children.
The City of Batavia Police Benevolent Association, Genesee County Deputy Sheriff’s Association, City of Batavia CSEA members, the City’s “Jeans for Friday” program, Department of Public Works (AFSCME) Union, and H.E. Turner & Co. Inc. Funeral Home of Batavia & Bergen raised additional funds which enabled 20 extra children to participate.
A total of 50 children were invited to participate in this year’s event. Once at Walmart, the children will take photographs with Santa Claus and meet with their individual "Cop."
Walmart graciously hosts the event, allocates employees specifically for the event, and also donates gift wrapping materials. Gift wrapping will be completed by the Young Adults Group from Batavia City Church, members of the Batavia Police Explorer’s Post and family members from Batavia Police Department and Genesee County Sheriff’s Office.
The Batavia Police Department, Genesee County Sheriff’s Office, and the New York State Police Troop A, would like to thank Walmart for their generosity and assistance to make this a great event. We would also like to wish everyone a safe and happy holiday season.
Photo: File photo.
Press release:
Public warning -- IRS phone scam alert
The New York State Police in the Western NY area, including Niagara County Sheriffs Dispatch are receiving IRS phone scams. Recently some of calls have a return number to a New York State Police Barracks. The New York State Police are looking into these incidents.
The IRS does NOT contact the public over the phone to discuss tax payment issues.
Other phone scams include a fictitious police officer calling you over the phone demanding money to help bail out a loved one that just got arrested.
Law enforcement agencies do NOT call family to take bail money or gift cards from a retail store to pay off a bail.
If you have an elderly member in your family, warn them of these phone scams.
If you are a victim of a phone scam, call the appropriate police agency in the area you reside or the State Police at 585-344-6200.
The first troopers to deploy in Western New York was in Batavia's Exhibition Park in September 1917, so Al Kurek thinks it's appropriate that displays celebrating the 100th anniversary of the New York State Police be held at the same location, now known as Batavia Downs.
"I started collecting historical memorabilia after I retired in 1990 and I've been doing it every day since then," said Kurek, who lives in East Pembroke. "This is our 100th anniversary and we have an active retired trooper organization in Batavia. We meet monthly and we decided to put this together as our last hurrah before we hit, oh, I don't know what you want to call it, but, you know, we're all in our 70s and pushing 80s."
There are vintage patrol cars, motor cycles and uniforms on display, as well as the accouterments of the trade, from billy clubs, pistols and handcuffs to crime scene cameras and forensic tools. There are also historical documents, including photos and info on every trooper to work in Troop A.
"We've got videos and memorabilia from the 66 and 77 snow storms, Kurek said. "We have a little bit on the Attica riot. We have the 3407 plane crash in Clarence, the 1980 Olympics, which everybody kind of likes. We've got a canine that will be here today and tomorrow -- nothing on Saturday -- but we have a German Shepherd here on Sunday."
The exhibition is open today, tomorrow and Sunday from noon to 6 p.m. each day.
Kurek also invited troopers and their families to bring in any items related to the history of Troop A.
New York State Police Superintendent George P. Beach II has appointed Major Edward J. Kennedy, of Buffalo, as the 24th Troop Commander of Troop A. Major Kennedy began his career in the State Police on Oct. 2, 1989 when he entered the New York State Police Academy. Major Kennedy has served most of his career in the Western New York area.
In 1999, he was promoted to Investigator and worked out of SP Wellsville. In October 2002, he was promoted to Senior Investigator and assigned to SP Jamestown.
In March of 2007, he was promoted to Lieutenant of the Bureau of Criminal Investigations and assigned to SP Farmingdale, Long Island. After seven months in Long Island he was reassigned to Professional Standards Bureau Western region, which covers Troops A, E. After a few months he was reassigned to SP Jamestown as the Uniform Lieutenant. In April of 2009, he was assigned to SP Batavia as the Lieutenant of the Bureau of Criminal Investigation.
In September of 2012, he was reassigned to acting Zone 3 Commander (Jamestown area) and in March of 2013 promoted to Captain of Zone 3, Troop A. In February 2014, he was reassigned to Troop T, SP Buffalo as Captain, which covers the Thruway from Rochester to the Erie, Pa., line.
Major Kennedy’s appointment to Troop A Commander was effective July 13, 2017. He replaces Major Steven Nigrelli who was promoted to Staff Inspector of Professional Standards Bureau - Western region.
As the Troop A Commander, Kennedy will oversee the State Police operations in the eight counties of Western New York including Niagara, Orleans, Erie, Genesee, Wyoming, Chautauqua, Cattaraugus and Allegany. More than 430 civilian and sworn members are under Major Kennedy’s command.
Major Kennedy grew up in the Buffalo area and is a 1985 graduate of Buffalo State College. He is married and has three children.
Investigator Ron Wilson volunteered to be the guy who got tasered today to demonstrate the nonlethal method for subduing suspects for dozens of people who turned out today for the Troop A open house at the Batavia Barracks of the State Police.
The taser demonstration was one a of a dozen similar events staged by troopers during the open house, held to as part of the 100th Anniversary of the State Police.
Troop A is especially proud of the anniversary because it is one of the four original troops in the state, and it's always been based in Batavia, thanks to lobbying by the local Chamber of Commerce in 1917.
The garage at the barracks was also opened for historical displays, including classic and vintage patrol cars.
(This 1983 Dodge sedan brought back memories -- it's just like the patrol vehicles we had when I was a Law Enforcement Specialist in the Air Force.)
Press release:
In celebration of the NYSP 100 Year Centennial, Troop A in Batavia we will be holding an Open House for the public from 1 to 4 p.m. on Saturday, June 10.
The location is Troop A Headquarters, SP Batavia, at 4525 W. Saile Drive, Town of Batavia.
Troop A Commander, Major Steven Nigrelli, said “As one of the original four Troops (A,D,G,K), this celebration is extra special here in Western New York and our 100-year history is source of great pride and tradition.
"Our Open House Committee have put together a day full of activities and demonstrations that will surely entertain and educate you and your families about our proud history.”
This is a family-oriented event with K-9 demonstrations, Aviation and Special Operations Response Team shows at starting at 2 p.m. Free refreshments will be provided, including hotdogs from Connors from 1 – 2 p.m.
Throughout the day we will have:
Members of Troop A, State Police, based in Batavia, honored the men and women who have died in the line of duty while serving and protecting the people of Western New York in a service at the Batavia Barracks today.
Troop A Commander, Major Steven Nigrelli, said: "The Fallen Troopers did not wear capes, hit walk off homeruns are defend Earth from aliens, those are Hollywood Heroes; These Troopers are real American Heroes.
"They simply died doing what they swore an oath to do, the service and defend the public -- even in the face of peril and personal danger."
(In photo above, Trooper Dean Nolte and K9 "Weltz.")
To purchase prints, click here.
As students at Oakfield-Alabama Elementary left school yesterday, they were given a "High-Five Goodbye" from six NYS Troopers and K-9 "Paris."
Photo and info submitted by Lynn Gehlert.
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