No charges for Lockport police in Hodge death
May 7—LOCKPORT — No disciplinary action will be taken against four Lockport police officers involved in the June 16, 2019 incident that led to the death of Troy Hodge.
State Supreme Court Justice Frank Caruso granted an injunction to precluding action against Lt. Dave Pytlik and Officers Daniel Barrancotta, Marissa Bonito and Patricia Burdick in the death of Hodge.
The City of Lockport commenced disciplinary action against the officers in the Troy Hodge homicide 21 months following the incident, rather than the required 10 days and so is barred from action, according to an injunction granted by Caruso. Hodge's death was the subject of a 75-page special investigation from the Office of State Attorney General Letitia James.
Caruso issued the ruling following a motion from the Hickory Club Police Benevolent Association against the City of Lockport.
PBA Attorney Keith P. Byron argued the officers never received sufficient notice as mandated by the collective bargaining agreement between the union and city.
"You can't willfully claim it took you 21 months to investigate instead of 10 days 'because I didn't know,' " Byron said. "Not only should they have known, they had an obligation to promptly ascertain the facts."
John J. Delmonte, representing the city, argued the Lockport Charter empowered a Police Review Board to conduct investigations and take action and superseded the police contract.
He also argued there was no need for the hearing before Caruso because no disciplinary action had been taken that required review.
After Delmonte concluded, Caruso ruled quickly, issuing a permanent injunction against any further action while offering sympathy to both sides, especially the Hodge family.
Byron, offered a rebuttal, referenced the James' report and noted recommended reforms have not taken place, citing specifically the lack of changes in dispatch; no additional training has been undertaken to train officers to recognize the constellation of symptoms Hodge exhibited and the department's use-of-force policy remains unchanged.
"There are certain situations that even the best attorneys can't overcome," Caruso said.
The city has 30 days to file an appeal in the case.
