Attleboro Police Officer Again Accused of Misconduct

A complaint has been filed against Attleboro Police Officer Timothy Cook Jr. by a man who claims he was falsely arrested after a March 2010 traffic stop. 

Officer Cook is the same officer who allegedly threatened another Rhode Island resident and former East Greenwich Police lieutenant, Steven Vander Pyl, according to a complaint filed by Vander Pyl in August. 

Ted Lewandowski said he was driving on Rt. 1 in South Attleboro, not far from his home, when he was pulled over, falsely arrested and physically threatened by Attleboro Police Officer Timothy Cook Jr. 

Acting Chief Kyle Heagney said he could not comment on the matter because a criminal case resulting from Mr. Lewandowski's arrest is still pending in Attleboro District Court. Heagney, however, did offer a detailed response to the allegations made by Vander Pyl  here. Attleboro Police Union President Kevin Fuoco said the union has "no comment" on the allegations against Officer Cook. 

Two Sides

The Pawtucket resident said he was told by the officer that he was being pulled over for speeding.

"He pulled me over and asked why I was speeding," Lewandowski said. "I asked him to go to his cruiser and see that I had a CDL license with no moving violations and no tickets. He said 'why are you shining me?' "

The incident report, written by Officer Cook, says Lewandowski told the officer: "Go ahead and give me a ticket if you want to."

Lewandowski was given a $100 ticket for "failing to stop at a red light" and told to put on his seat belt and leave. Officer Cook told him that he "was free to go and wished him a good evening," according to the report. 

Lewandowski allegedly yelled to the police officer as he was walking back to his cruiser that he had his seat-belt on.

"This officer again wished Lewandowski a good night and began to turn away to walk back to his patrol vehicle," Cook wrote. "Lewandowski then stuck his head and shoulders out of the open driver side door window and yelled 'Hey, do you have a problem?' " 

In the report, Cook writes that Lewandowski's tone and manner in asking the question was "openly aggressive, belligerent and quite obviously made to provoke the officer into further confrontation." 

Lewandowski, according to Cook's report, then shouted the same question again with a demeanor, tone and volume that indicated that he was "making a challenge to the officer, as if to provoke him into a physical confrontation."

Claim of False Arrest

Cook said the longer Lewandowski was stopped in the driveway, "the more the potential increased that it would cause an inconvenience to residents" in nearby homes.

Lewandowski was ordered to get out of the vehicle, was arrested for disorderly conduct and put in "double-locked" handcuffs and brought to the police station.

Lewandowski has a different version of the story. "He made up the fact that I was creating a disturbance," he said from the location where he was arrested and his car towed. "After he arrested me, he threw me in the cruiser and I banged my shoulder." 

He was brought to the police station and booked. While there, he said, he was physically threatened. 

"He went into this lunatic rage and said if you look at me again I’m going to hit you with my service tool," Lewandowski said of Officer Cook. According to Cook's report, Lewandowski made several comments about making phone calls to a judge and calling private investigators in "apparent attempts to intimidate, impress or otherwise bother the officers."

Because Lewandowski suffers from anxiety, he asked the officer to provide him with his prescription anxiety medication, but was denied.

"Several years prior I had been hospitalized for a-fiberlation, a heart disorder that can lead to a stroke, and my family physician prescribed me anti-anxiety medication for which I took as needed," he writes in his complaint to Attleboro Police. "Being in this situation for nearly 45 minutes and now arrested, I asked the officer if I could be allowed to take my medicine, which was also in the backpack with my name on the bottle. He then said, 'you will be [expletive] lucky if the Sergeant will let you take it at the jail.' ” 

Sgt. Michael McDonnell, however, who was the supervisor in charge that night, said Lewandowski could take his anxiety medicine. "He is one of the nicest guys I met in my life under the circumstances," Lewandowski said of McDonnell. 

"The sergeant was very nice during this process, so at one point I asked him, while still in cuffs and turning my head to the officer, why he used so many profanities against me for no apparent reason and that is when this officer went in what appeared to be a lunatic rage – yelling at me telling me if I eye-ball him again he will use his service weapon against me," Lewandowski wrote. 

Day in court

Lewandowski had his day in court, the traffic citation was dismissed by Judge O'Shea in Lewandowski's favor. The disorderly conduct charge was to be dismissed and Lewandowski was ordered to pay $200 in court costs Lewandowski, however, did not accept the judge's decision and asked for a jury trial, which is still pending. 

Separately, Lewandowski hired Joseph Chancellor, the same attorney who is representing Jason Burns. Burns, an Attleboro resident, has demanded $400,000 in a claim against Attleboro officers Cook, Hynes, Dufort, Richard Pierce Jr., then-Chief Richard Pierce and the City of Attleoboro. 

Asked why he did not file a complaint against Cook before now, Lewandowski said: "The reason I didn’t report it is I didn’t think it would make a difference at that time. For me, internal affairs in the Attleboro P.D. is a joke. 

"My aim is to put Cook on a stand in front of a jury and ask him 300 questions; the officer is going to be held responsible for his actions."