Consultant Kicks Off Review of Town's Police Communications, Supervisor Says 'This Board Needs No Prodding'

SOUTHOLD, NY — A consultant has begun his assessment of the Southold Town Police department's police radio communications system, with an eye toward an enhancement project, according to Southold Town Supervisor Scott Russell.

"The contract has been signed and the consultant is already at work," Russell said this week.

The decision to hire a consultant was made several weeks prior at a town board work session, and, in fact, the board had already authorized Russell to sign a contract several weeks prior to the incident at Town Hall, the supervisor reminded this week.

According to Police Chief Martin Flatley, Dennis Kentner And is testing and examining equipment to provide the town with a report.

After the decision was made to hire a consultant to upgrade police communications, a police officer was allegedly injured in Southold Town justice court by a defendant who had just been released.

The contract calls for a 60-day deadline for consultant Dennis Kentner to deliver his findings to the town, Russell said, at which point Kentner will make recommendations and a timeline for the upgrades can be established.

In a statement this week, Russell said, "The frustration of the Southold PBA of investing in an overhaul of the department’s communication system is understandable. Each member’s attendance at the last town board meeting underscores the need to move forward as quickly as we can. This is imperative to ensure, not just the safety of the officers but, the safety of the entire community."

But the supervisor said some may have misunderstood the town's stance on the need for the upgrades.

"There may be a misconception, however, that any delays are on the part of the town board. This board needs no prodding. It has made a firm commitment to make the resources available to the department as soon as the leadership there identifies a solution it deems the best," Russell said.

Russell said that commitment was reflected with Southold Town Police Chief Martin Flatley first proposed the upgrades during the budget work session in 2014 and again in 2015.

"I have no doubt that our commitment to move forward will be the same as we develop the budget this year," the supervisor said.

But there may be some challenges, Russell said.

"Technology evolves quickly. This, coupled with the cost of a new system and identifying the needs specific to Southold, makes designing a new system a challenge, to say the least. I am sure that the careful and deliberate pace set by the leadership of the department reflects meeting this challenge in an effort to do what is best, not just for the officers but, for the entire community, as well."

After a police officer was allegedly injured in Southold Justice Court by an agitated homeless defendant, radios did not work, according to Southold Town Police Benevolent Association President Richard Buonaiuto, who came, along with a crowd of police officers and their families, to ask the town board for immediate attention to the issue.

Buonaiuto said he'd previously sent a letter to the town board, stating his concerns over failures by the radio system that "need to be addressed."

The issues, including dead zones, "have dragged on for several years and threaten the safety of my members, and the public."

He had already intended to appear at the Southold town board meeting to "inquire what steps are being taken to rectify this critical problem."

But then, "unfortunately," he said, the incident occurred; one police officer and two court officers were "involved in the altercation" with a defendant.

"Two calls" for help "went unheeded," Buonaiuto said. "They were not received by headquarters," due to radio issues.

"This is unacceptable and an example of many failed transmissions," he said.

Buonaiuto said it had been reported, Kentner, a consultant, had been hired to "identify deficiencies in the system. Has the town obtained a consultant?"

Southold Town Supervisor Scott Russell said the contract had been sent to Kentner.

He added that the town board had agreed to support Flatley's request for a consultant.

"Every year, this issues comes up and the board says the same thing: 'Tell us what you need and when you need it.' The funding mechanism is in place," Russell said. "The support is there. The money is there."

At an earlier work session, Flatley came to the board and requested $160,000 for the radio dispatch project, which he had earlier stated at a previous work session would cost approximately $390,000, or $340,000, if applied for before August 31, when a $50,000 incentive could be applied. Flatley said at that meeting that he had $180,000 in funding from the 911 surcharge fees.

Russell said he'd also met with New York State Senator Ken LaValle, who is "very interested in figuring out how he can help us."

Councilwoman Jill Doherty said she'd like to "wrap this up" before August 31 so the town could see the $50,000 discount. She added that the town has to work to address the dead spots.

Flatley said he thinks that deadline could possibly be extended.

After the meeting, Russell said, of Kentner, "We have done business with him before and are confident that his work will be beneficial and his fees are reasonable."

Police chief outlines what transpired

As for the justice court incident, the supervisor said, "The court was outfitted with a panic button, two court officers and a police officer."

Discussing the details of the justice court incident, Flatley said, "The panic button was not used."

Police Officer Christopher Salmon sustained "a neck and back injury" during the justice court incident, Flatley said.

Describing how events unfolded, Flatley said, "Davis was released on his own recognizance by Judge Wiliam Price at justice court, therefore releasing him from our custody, and the handcuffs were taken off Davis. When officers were returning his property and paperwork, Davis became agitated and making threats and needed to be subdued by two court officers and P.O. Salmon."

The radio equipment was tested the following day and Flatley explained what he believes took place on the day of the alleged attack.

"During this physical altercation, Officer Salmon reported calling for assistance twice on his police portable radio and it was not received or acknowledged by dispatch; his third call to dispatch was received and assistance responded."

Police tested a portable radio later in the day at the same location, Flatley said. "It was found that when the portable radio was on an officer’s hip using an external mike the call was not received by dispatch. When the portable radio was raised to shoulder level, the call was received by dispatch."

He added, "Unfortunately, a portable radio does not have as strong and dependable a signal as a mobile car radio by design and when there is a physical barrier, such as the torso of a human, between the antenna of the radio and the tower broadcasting the signal, the signal of the portable diminishes even further."

He said he suspected that what happened Monday "was a situation similar to this scenario, through no fault of the officer, who was not able to change positions of his portable radio during this altercation."

Of whether the incident reflected the need for enhanced security, or a new justice court, an issue that has been before the board for more than a year, Russell said, "The court had an unruly suspect. Decisions that were made, or not made, were largely responsible for creating the situation that unfolded and had little to due with where court is held."

Meanwhile, Michael Davis, the man charged with injuring the police officer, is a United States Army veteranwho was diagnosed with post traumatic stress disorder, his attorney said at his arraignment.

Davis was been charged with injuring a police officer after being arrested in Greenport and charged with brandishing an airgun after entering a home unlawfully.

Judge William Price set bail at $9,000 cash and $18,000 bond.

Incident could have been "tragic": Judge

Price told Patch that justice court security, which has been under discussion with the town board for more than a year, with a new metal detector installed, is still an issue.

"That risk is always present. In this situation the metal detector was irrelevant. Officer Christopher Salmon and the court officers contained the incident immediately in front of the bench and did what was necessary to avoid injuries bystanders as well as the court staff," he said.

"We are lucky that the arraignment took place during traffic court while the court officers were present. If the defendant had got out of the courtroom and into the other part of the town hall it could have been tragic," Price said.

"There seemed to be issues" with the police radios, Price said.

Air pistol brandished
According to Southold Town Police, the Davis was arrested on Aug. 8 at 8:46 a.m. on Main Street in Greenport, when a report was received about a dispute involving a man who appeared to be in possession of a handgun.

Davis, 22, is alleged to have unlawfully entered a home on Main Street in Greenport and, after being confronted by the owner of the residence, produced the air pistol, police said.

Davis, who was highly agitated, resisted arrest, police said.

Nyasia Coach, 20, Davis’ girlfriend, attempted to prevent officers from arresting Davis; she was also taken into custody, police said. Davis also intentionally damaged a police radio, police said.

Davis was charged with criminal trespass, menacing, two counts of criminal mischief, resisting arrest and obstructing governmental administration, police said. Coach was charged with obstructing governmental administration, police said.

Price ordered Davis released on his own recognizance, police said. However, while still in the courtroom, Davis began to make numerous threats to himself and others and had to be taken back into custody, police said.

Davis then struggled with police and court officers, causing injury to Southold Town Police Officer Salmon, police said.

Davis was transported back to Southold Police headquarters and was then also charged with second degree assault, a felony, and obstruction governmental administration, police said.