Ex-Greece police sergeant claims retaliation for whistleblowing chief's drunken driving crash

A former Greece police sergeant alleges in a lawsuit that his law enforcement career has been upended because he was a whistleblower in the investigation into the drunken driving crash of the department's chief.

The lawsuit in state Supreme Court from Bryan Root is now the second that is the offspring of the crash on Interstate 390 in October 2021 of then-Chief Andrew Forsythe.

Forsythe, who totaled the department-issued vehicle, later pleaded guilty to misdemeanor drunken driving.

In the initial hours, the police seemed to move slowly with the investigation, claiming that Forsythe had swerved and hit a guardrail to avoid a deer. But it became clear as days passed that Forsythe had been drinking at a downtown event and was impaired by alcohol when driving home.

While at the fundraiser for the New York State Troopers Benevolent Association, and in the Hyatt bar after the event, the chief had at least six alcoholic drinks over two hours.

In his lawsuit, Root contends that he was a whistleblower who, with others, forced the town police and officials to eventually admit the truth. Root took a photo of the chief's wrecked vehicle at the impound facility and shared it with a former Greece police official. That photo later made its way to the media.

Accused of leading 'rogue' investigation into chief's crash

After the crashed car photo went public, according to the lawsuit, Root became the focus of disciplinary proceedings, was suspended, was passed over multiple times for promotions after a stellar career and eventually decided to leave the department.

Root was accused of leading a "rogue" investigation into the circumstances of Forsyth's crash.

After he left the department, Greece police officials took steps to have his police certification revoked, claiming he'd been "removed for cause" due to "dishonesty, felony offense, and gross misconduct," according to the lawsuit. This prevents him from public policing jobs in New York.

Town officials say the actions were justified and that the state Division of Criminal Justice Services, or DCJS, agreed to the revocation of the certification after a review.

Court records show that police leadership said Root had been the target of a neighbor's complaint, alleging that he allowed ATVs to rumble noisily through the neighborhood and that Root's police vehicle was spotted in his driveway many hours during the workday.

"The Chief of Police is required by New York State regulations to notify the New York State Division of Criminal Justice Services when police officers resign their employment subsequent to and in connection with allegations of certain forms of serious misconduct," the town said in a statement. "This individual resigned his employment while under investigation for alleged misconduct.  The Chief of Police reported the removal for cause as required by applicable regulation.

"The New York State Division of Criminal Justice Services reviewed the report and determined that the Chief’s reporting was accurate," the statement continued. "This individual’s certification to serve as a police officer was permanently invalidated by the New York State Division of Criminal Justice Services, not by the Town."

Deciding to resign after police chief's crash, fallout

In September 2023 Root and the department leadership agreed to a resignation that would include an end to an internal investigation "without any final determination of misconduct," the lawsuit states. Weeks later, the lawsuit says, he received notice that he was being investigated again because of a neighbor's complaint.

In October, Root decided to work for another department, believing that the "retaliation would not stop," the lawsuit states. In November, according to the lawsuit, Chief Michael Wood directed his staff to report to DCJS that Root was removed from the force "for cause."

The department's "adverse personnel actions taken against (Root) were in retaliation for his reports to supervisors and investigators that he believed government officials had orchestrated an attempted cover-up," the lawsuit alleges.

Root's attorney, Maureen Bass, declined to comment but did provide a statement from Root.

“For 13 years, I never missed a call for service, completed all of my administrative duties and did my job to the best of my ability for the Town of Greece," Root said.

About the photo he took, Root said,  "I shared the photograph because I was faced with what felt like an impossible situation and I did what I thought was right for the residents of the Town of Greece.”

Read This: A Rochester father waits years to find out why his son vanished. What he learns is crushing.

Claims of a sloppy, incomplete investigation into police crash by Greece

In an earlier legal filing, Root said he decided to investigate Forsythe's crash because the initial investigation appeared sloppy and incomplete.

Root reviewed 911 calls from people who reported seeing a heavily-damaged vehicle in the area where Forsythe's sport utility vehicle traveled early on Oct. 21. While reviewing those records, he noticed that the driver was not investigated for signs of intoxication, which Root described as "suspicious."

Forsythe continued to drive the vehicle after losing a tire. Root, in legal papers, said that another officer had approached him with concerns after seeing the damaged SUV in the town's impound lot.

Former Greece Police Deputy Chief Casey Voelkl is also suing the town. He alleges that he was targeted for retaliation from police and town leaders after he went to the district attorney's office with concerns about the town's investigation into the crash.

Attorneys for Greece are moving to have the Voelkl dismissed in federal court.

— This article includes reporting by staff writer Victoria E. Freile.

— Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. He is the author of two books, including "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."

This article originally appeared on Rochester Democrat and Chronicle: Bryan Root claims retaliation for whistleblowing Andrew Forsythe's crash