Not Guilty: New Rochelle Detective Acquitted In Assault Case

NEW ROCHELLE, NY — A judge ruled that New Rochelle Police Detective Michael Vaccaro has been acquitted of charges he crossed the line during an off-duty confrontation.

Judge Matthew Costa found on Thursday that Vaccaro's use of force was justified when attempting to restrain a suspect after on-duty backup had already arrived.

"We are proud of the work of our dedicated prosecutors and we thank the New Rochelle Police Department for their cooperation in this case," Westchester County District Attorney Miriam Rocah said in a statement following the verdict. "As with all criminal trials, the People have the burden of presenting proof beyond a reasonable doubt. As the Court indicated in its decision, the Court was faced with two narratives that were both "reasonable" based on the evidence presented. Given the People’s burden, the Court determined that it was not provided with proof beyond a reasonable doubt to support a conviction on the charges brought, a decision we respect. We remain committed to holding accountable the few who abuse their positions of authority, and we will continue to work with our valuable law enforcement partners to keep our communities safe."

More than a dozen New Rochelle law enforcement officers were on hand to congratulate Vaccaro, according to reporters in the courtroom, including The Journal News's Jonathan Bandler and Talk of the Sound's Robert Cox.

"The New Rochelle PBA is pleased, but not surprised, by this verdict," the union said in a statement released on social media just hours after the judge's decision. "Though we are pleased with the outcome of this case, we remain disappointed and frustrated with the Westchester County District Attorney’s decision to charge Detective Vaccaro in the first place, and with the prosecution’s appallingly slanted presentation of the events that occurred on February 15, 2021 during the trial ... Fortunately, DA Rocah did not have the final say in whether Detective Vaccaro acted within the parameters of the law."

Vaccaro faced misdemeanor charges related to the incident. The detective insisted that he acted to protect an elderly woman who was being harassed and threatened. Prosecutors, however, said the charge stemmed from the detective's actions after uniformed officers arrived.

Vaccaro was suspended without pay, following the incident last year.

SEE ALSO:

• New Rochelle Off-Duty Officer Suspended For Fight
• Indictment Of New Rochelle Kitten-Rescuing Cop Riles Police

The President of the New Rochelle Police Benevolent Association (PBA) at the time, Det. Christopher Greco, assailed the district attorney's decision to prosecute the detective in what he described as "a politically motivated referral, politically motivated arrest and continued attack on law enforcement."

Greco vowed that the PBA would "spare no expense and will utilize every resource available" to exonerate Vaccaro. He went on to accuse Rocah of "hunting cops" while ignoring crime victims.

"Officer Vaccaro, who was 'off-duty,' observed and intervened in a violent domestic dispute when he lured an out of control suspect away from his intended victim (his elderly mother) and provided her an opportunity to flee to safety," Greco wrote at the time. "During this incident, the suspect turned his rage on Officer Vaccaro. Officer Vaccaro, now acting in an 'on-duty' capacity, called for backup, identified himself to the suspect as a police officer and was repeatedly threatened with violence by the suspect. The suspect ignored police commands and when New Rochelle Police Officers went to arrest the enraged suspect, he attempted to punch Officer Vaccaro, causing him to defend himself."

Rocah, meanwhile, told reporters that there was more than enough evidence that Vaccaro inserted himself into a situation that on-duty officers already had under control. She rejected the police union's claim that she is anti-cop.

"While the New Rochelle PBA is entitled to its view of the facts, there is no place for the type of inflammatory and irresponsible language used which crosses a dangerous line," Rocah told the Westchester Journal News shortly after charges were filed in June of last year. "I have a long history of working with and strongly supporting law enforcement and work with them every day to keep Westchester safe."

Just a few months after the February incident, Vaccaro was in the headlines for a much different reason. He earned accolades for helping to rescue and later adopting a kitten trapped in a car engine for nearly three hours before it was saved with the help of heavy equipment.

SEE ALSO:

• Catastrophe Avoided, Community Rallies To Rescue Trapped Kitten
  
• Update: Lucky 'Nugget' Finds A Forever Home With His Rescuer

This report was updated to include comments from Westchester County District Attorney Miriam Rocah.