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SCHENECTADY
Suit alleges off-duty officer used excessive force on teen
BY STEVEN COOK Gazette Reporter

    A new federal lawsuit carries allegations that an off-duty Schenectady police officer used excessive force against a teenage theft suspect, causing a fractured skull and bleeding on the brain.
    The suit was filed in U.S. District Court in Albany Thursday seeking unspecified damages.
    It was filed by Robin Miller and Mark A. Miller, parents of the suspect. The youth, who was 16 at the time, is identifi ed only by his initials, S.A.M.
    According to paperwork fi led in the case and the Millers’ attorney, Paul Wein, the teenager had been drinking with friends early on Dec. 12, 2010, when they decided to steal beer from the Hannaford on Consaul Road in Niskayuna.
    The suspect ran from the store with the beer but was chased down by off-duty Schenectady officer John Favata, according to the allegations.
    Favata caught up with the teen after the teen dropped the beer. Then, according to Wein, the offduty officer picked the teen up over his shoulder and “slams him headfirst into the asphalt.”
    The suit calls the force used excessive. Wein emphasized the difference in size between the officer and the teen, calling it “outrageous.”
    Wein also said the teen acknowledges that what he did in taking the beer was wrong. He was charged with petty larceny and resisting arrest. The outcome of the case is sealed due to his age.
    “The penalty for boosting a sixpack of beer is not a fractured skull and an intercranial brain bleed,” Wein said. “It was so out of line, what this guy did.”
    The suit names as defendants Favata, the city, the city police department, the town of Niskayuna, the Niskayuna police and Niskayuna police offi cers Todd Frenyea and Michael Stevens.
    The Niskayuna officers are accused in the suit of ignoring the teen’s injuries, causing a delay in treatment. .......................>>>>..................>>>>....................http://www.dailygazette.net/De.....r01003&AppName=1

When this kid stole the beer he did not intend a fracture skull...interesting...

Did this kid ever intend that when he stole the beer he could have injured an innocent bystander? He could have knocked over an elderly person and THEY could have hit the asphalt...that would have been felony murder.

Let's not downplay this, this kid isn't innocent by ANY stretch of the imagination. Sorry, but there are many, many, many horrible consequences when you are involved in a crime.

Agree....but.....there is no need for brute force....there were no weapons on this teen....just beer....what a 6pk or case???

I respect the police and their dangerous job everyday putting their lives on the line.....but .....

force seems to be the answer to everything.....we are living in a violent society....and it seems that law enforcement need to be more

vigilent and agressive with the criminals...I disagree that this had to happen to this teen....he is not innocent by any means

but the off duty policeman could have caught him without the aggression he used.....he was caught...

Because he is a juvenile, he case is sealed....but he had to endure unnecessary consequences....for petit larceny

all the money in the world will not change a thing....

Well Patches, again, we are mostly in the dark about the details and I do understand the issue of brute force vs. a teen stealing beer....

but....my issue just from this article is how this kid was 'just stealing some beer' and 'really wasn't harming anyone'. You know, as a society, we have to realize that our ILLEGAL actions can have some REALLY bad consequences.

Did the police not transport the criminal to the hospital in time....well, that is an issue for the court. Did the policeman do his job....yes. BUT, is this kid innocent....heck no.

the kid isn't innocent...but the police have to be trained to know proper use of 'force'.....that's THEIR JOB....................

Again, this was according to the 'lawyer' ...also, the kid was drunk...and this happened over a year ago (hum?).  Kid running from the cops...resisting arrest?

Lots of variables.

All I'm saying is, there are so many ways to get hurt if you commit a crime. Granted, a drunk teenager might not be as coordinated as a sober teen.

I am glad that a criminal was caught ....  

Agree....but actually it was petit larceny.....should the officer picked him up AFTER he was caught, unarmed, and lifted him up

to throw him on the ground?????   no...

He would have been punished in court, and if this is a reoccurence, he would have received stiffer probation...and as a juvenile.

the casewould have been sealed.....and drunk???   that's another question....may have an alchohol problem...

Police have to be vigilent and assess the situation in an instant.....but there is no money that could be enough compensation for

what happened.....the society has become unpredictable ....

AND

the crime in Albany still increases ....seems like the Capital Region has a high crime rate.....could it be because of the

transient NYC perps...Schdy DSS is not the only service for these people....think Albany or Troy is any different??

How about the drugs being transported from NYC and whereever coming into this area and being caught by the law?

That's part of the crime statistics...but only the violent crimes are counted??  



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Was the off duty officer in uniform or street clothes?   Did the off duty officer make the arrest?  Probably not since it wasn't his jurisdiction.  Just another example of a meat head Schenectady cop making a poor decision to assault a teenager over $15 of beer.  I hope the kid wins.

How about we wait for the civil trial and not just take the work of the lawyer, certainly not a neutral party, before coming to a conclusion about the validity of this claim?

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The suspect ran from the store with the beer but was chased down by off-duty Schenectady officer John Favata, according to the allegations.

as a nurse when I am off duty, I shall become a superhero of sorts.....disgruntled walmart shoppers sure look like they could use an enema....I think I'll get a belt put a few loaded bottles on board and just go around 'cleansing society'.....

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How about we wait for the civil trial and not just take the work of the lawyer, certainly not a neutral party, before coming to a conclusion about the validity of this claim?

Kinda like listening to a report from a the internal affairs unit justifying cops shooting a mentally ill man loitering in a newspaper lobby.

Internal affairs - certainly not a neutral party - certainly incompotent in Schenectady.(Or perfectly compotent from the rouge cops perspective_  

It's just another poor decision by a meat head Schenectady Cop.  

Cops are always right, and victims of excessive police force are almost ALWAYS found to be a criminal.

And the homeless man gets arrested and the dogs get shelter.....why couldn't it be a win win situation.....and especially

during the holidays....bring the homeless to a shelter as well as the dogs...

Now I am for animal rights...have pets myself.....but, there is what is called the right thing to do....this man tried to do the right thing.

but the law did not consider that....or the SPCA....I hope that this homeless man gets the help that he needs...not a jail cell...

And the homeless man gets arrested and the dogs get shelter.....why couldn't it be a win win situation.....and especially

during the holidays....bring the homeless to a shelter as well as the dogs...

Now I am for animal rights...have pets myself.....but, there is what is called the right thing to do....this man tried to do the right thing.

but the law did not consider that....or the SPCA....I hope that this homeless man gets the help that he needs...not a jail cell...

Cicero - you conveniently omitted the fact the mentally person had a knife.

Internal affairs not neutral - who do you think conducted the investigations resulting in the removalk of so many officers form the department?

"Cops are always right" and victims of excessive force are almost always found to be criminal.  Cops are always right is a silly and false argument.  How did all the officers get fired, resign, and/or arrested?  

And, with respect to the use of force - they are typically criminals - why else would the poliuce be using force?

Ok......so the officer was 'off duty' and 'out of uniform, which renders him a regular 'citizen' at the time.....correct?  Basically it could have been 'any of us' who are not in law enforcement....right? So first...would a 'regular citizen' be justified by using excessive force trying to catch a kid stealing beer? Would this 'regular citizen' be sued for slamming the kids head on the ground?

If it is a 'regular citizen'...which Favata was at the time of the incident....why and how can they sue the city, the city police department, the town of Niskayuna, and the Niskayuna police? And who is paying for Favata's legal fees.....the taxpayers or the union or himself?

If 'I' as a regular citizen was accused of excessive force in this altercation.....'I' would have to pay for my own defense attorney out of my own pocket. And so should Favata!!! He was NOT on duty! He acted on his own personal merit and not under orders.


Second....if it was 'on duty' officers Frenyea and Stevens who delayed medical treatment for the kid and not Favata....perhaps there is a viable law suit for the Nisky police dept and the two officers....yes?