July 18, 2003
Peter Wilkinson, Chief
of Police
NOTICE
Town of Poughkeepsie
Police Department
OF
19 Tucker Drive,
DEMAND
Poughkeepsie, New York 12603 Attached
Bill of Particulars
RE: Criminal
Complaints against Gregory S. Wagler, P. O. / Vol. Fire Fighter.
Dear Sir,
Introducing myself Candis V. Saint Angel, I am a disabled, senior citizen and a 39-year resident of the Town of Poughkeepsie.
This correspondence is directed to you, as Chief Commanding
Officer, of the Town of Poughkeepsie Police Department, to Notice
of Demand for Criminal Complaints as follows:
1.
PL §240.70 Criminal Interference with Health Care Services in
the Second Degree.
2.
PL §240.26 Harassment in the Second Degree.
Against: GREGORY S. WAGLER, Town of Poughkeepsie Police Officer / Volunteer Arlington Fire Fighter.
Together with Gregory S. Wagler’s immediate suspension thereof, as a Public Servant, pending the prosecution of the above criminal charges.
WHERE AS:
Charge 1. PL §240.70, on Thursday, July 3,
2003, on or about 9:35 pm, in the middle of the public roadway
intersection of Taft Avenue and Maple Street Extension (Arterial
Highway), did Gregory S. Wagler while on duty as a Town
of Poughkeepsie Police Officer, he did willingly, purposely
and intentionally, without legal reason, did criminally interfere with
my Healthcare Services, intentionally to intimidate and
interfere with my obtaining emergency medical attention that I was
awaiting by the parked ambulance, by his physical forceful
obstruction of my path of emergency medical attention and by
physical forcefully, with arms held out and aggressively walking
towards me, with intimidating voice and aggressive body movements, did
force me against my will, TO EITHER ENGAGE HIM WITH A PHYSICAL
CONFRONTATION or to walk backwards INTO AND ACROSS an oncoming lane of
traffic, to the Southeast corner sidewalk of the intersection,
without any concern or ETHICS as a Police Officer / Vol. Fire
Fighter for my physical health, even though he visibly could see, that
my left arm and hand was cut and bleeding, and the front of my shirt
and pants were excessively stained with fresh blood.
Charge 2. PL §240.26, on Thursday, July 3, 2003, approximately 9:35 pm, in the middle of the public roadway intersection of Taft Avenue and Maple Street Extension (Arterial Highway), did Gregory S. Wagler while on duty as a Town of Poughkeepsie Police Officer, he did willingly, purposely and intentionally, without legal reason, did criminally harass when he willingly, purposely and intentionally engaged in a course of conduct to purposely harass and seriously annoy me, by purposely and intentionally preventing me from obtaining emergency medical attention at the scene of an accident.
Additionally, on Thursday, July 3, 2003, on or about 10:00 pm, after I
had received emergency medical attention at the scene of the accident,
approximately twenty-five minutes after my first unprovoked encounter
with Gregory S. Wagler, did Gregory S. Wagler once again approach
me as I was walking towards my vehicle, he did willingly and
purposely engage in a course of conduct to harass and seriously annoy
me by his obstinate commanding vocabulary, by saying several
times, “I hear you won’t talk to me”. When I refused to answer, he
engaged in a course of conduct to physically, forcefully stare at me
with an intimidating nature, and after a few seconds, commanded that I get into my car and wait there, with out any
concern for my physical health, even though he knew that the
temperature was at least approximately 80 degrees or above.
I have included within this Notice of Demand, a
six (6) page Bill of Particulars (Chronology of Events)
in detail so that there could be no chance as to any
misunderstanding on your part in the preparation of the two (2)
criminal complaints aforementioned against Gregory
S. Wagler, Town of Poughkeepsie Police Officer / Volunteer Arlington
Fire Fighter.
After a criminal
complaint is signed, it is up to the District Attorney to decide if
the evidence against the individual criminally charged, is sufficient
to prosecute the accused to a guilty verdict in a Court of Law. Any
individual who hinders a citizens right to sign a criminal complaint
against a person who is accused of a commission of a crime, even
though that person may have status as a police officer and is hiding
behind the color of the Law, that individual who hinders this judicial
process, could be charged as an accessory.
Any “refusal” to cooperate on your part with this Notice of Demand, will indicate that you have “condoned and supported” the Illegal Activities of Gregory S. Wagler, and that you have “PLACED HIM ABOVE THE LAW”.
Please take under advisement, that I intend to seek the assistance of the citizens of Dutchess County in supporting the criminal complaints against Gregory S. Wagler. This Notice of Demand for criminal complaints against Gregory S. Wagler, together with any correspondence will be posted on the website www.DutchessCountyJusticeTeam2003.us.
I will be taking no correspondence by telephone or in person in regard to this Notice of Demand, please do all corresponding to the mailing address provided at the heading of this Notice of Demand, or by the following E-Mail: SaintAngel@DutchessCountyJusticeTeam2003.us.
Yours truly,
Candis V. Saint Angel
Copies to:
Candis V. Saint Angel
William Grady, D.C. Attorney
Governor George Pataki
Eliot Spitzer, N.Y.S. Attorney General
Senator Steven Saland
Congressman Maurice Hinchey
Poughkeepsie Journal
Poughkeepsie Beat
Southern Dutchess News
Daily Freedman
www.DutchessCountyJusticeTeam2003.us
BILL OF PARTICULARS
CHRONOLOGY
OF EVENTS:
On or about 8:30 pm, I was traveling south on Taft Avenue, together with my passenger / witness, and as I was about to enter and cross the intersection of Taft Avenue and Maple Road Extension (Arterial Highway), I observed, coming from an Easterly direction, on the left side of the divided highway (facing North) of Maple Road Extension, what appeared to be a motorcycle and driver, traveling with the rear wheel, 6 to 8 feet above the ground, coming at an excessive speed, between the center medium, and the 3 cars that were stopped for the red traffic signal, a second later, an unsuspecting, motorist, SUV, had approached and was traveling through this intersection Northbound on Taft Avenue, directly in front of the skidding motorcycle. I observed over the hood of the SUV, the elevated skidding motorcycle collide with the rear portion of the SUV. I watched as the driver of the motorcycle, after the collision, penetrate headfirst through the passenger rear window, blowing out the drivers rear window glass, showering my vehicles roof and trunk with glass, at the same time the SUV was being pushed into the front path of my vehicle, where as I was forced to make extreme mechanical maneuvers to keep from striking the rear of the out of control SUV.
Emotionally
upset by the near collision experience, I brought my vehicle to a
complete stop, at the Southwest corner of this intersection. I
immediately looked back through my open drivers window, to see where
the disturbing, excruciating screams of a woman, a child and a man
were coming from. I saw after immediately looking back, the SUV that
had been struck by and collided with the motorcycle was now expelling
smoke from the vehicle. I had immediately made and responded to a
judgment call, whereas I decided to assist any persons that were still
alive. As I hurriedly approached the vehicle, I saw massive
amounts of smoke coming from the front of the vehicle, together with
spreading liquid, which was pouring out from underneath the vehicle,
of which at this time I believed that it was gasoline pouring onto the
ground, and that the vehicle was on fire.
Immediately, did I approach the drivers door, and did evacuate the young disoriented woman that was frozen to the steering wheel screaming, together with a young screaming child, both who were in the front seat.
I
then immediately proceeded to the agonized screaming helmeted driver
of the motorcycle, who’s both legs and one arm were embedded into
the side wheel well, above the right side of the tire of the SUV, who’s
body was hanging from his right hand and thrashing and agonizingly
screaming, while trying to desperately free himself.
I did immediately, take a physical position, with my chest area, up against the back of his body and placed my left arm around his head and neck, supporting his neck and face from the ragged, jagged glass of the rear SUV window, I proceeded also to speak and comfort him, attempting to keep him conscious, while I tried to maintain a physical control and restrain his right arm to keep him from thrashing and injuring himself to any further extent.
Approximately five minutes after my physical encounter with the accident victims, at about 8:35 pm, while on patrol, Deputy Sheriff Todd A. Grieb and Deputy Darren M. Cummings did fortunately appear on the scene of the accident.
Deputy Sheriff Cummings immediately assisted by calling for Emergency Services to the location of the scene of the accident, and did, willingly place his life in harms way by taking command of traffic control in close proximity to the SUV vehicle that was emitting smoke and liquid from underneath, to prevent any additional hazardous conditions from occurring to the many spectator citizens.
Deputy Sheriff Grieb immediately, without concern for his personal well-being, did willingly place his life in harms way, to assist me by relieving me from my exhausting physical position, in taking over the physical control and the restraint of the accident victims right arm and hand, to prevent the victim from thrashing and injuring himself to any further extent. Two times, did I demand Deputy Sheriff Grieb to leave my assistance, by saying to him, “You must leave, I believe the liquid spreading underneath this vehicle is gasoline, and it may go up in flames any moment, you must leave now”. Two times did he refuse to leave, and he continued assisting me to restrain the accident victim, even though Deputy Grieb could have considered his own personal well being and legally left, HE DID NOT. This man is truly an extraordinary young man, and deserves to receive an accommodation for his dedication as a Public Servant acting above and beyond the call of duty.
Deputy Sheriff Todd A. Grieb and Deputy Darren M. Cummings are truly extraordinary young men, they did assist me without concern for their own personal well being for approximately thirty minutes at this near fatal accident scene, until Arlington Fire and Emergency Services did arrive, after responding to the wrong area, at exactly 9:01:36.
Deputy Sheriff Todd A. Grieb and Deputy Darren M. Cummings are truly two of Dutchess Counties Finest, and do deserve to receive noticed accommodations for their bravery and dedication as Police Officers and Public Servants who acted above and beyond the call of duty.
Arlington Emergency Services arrived 9:01:36 pm relieving Deputy Grieb from his restraining position, by replacing him with a member of the Arlington Emergency Medical Team who continued to assist me to restrain the accident victims right arm, so as to insert and maintain an I.V.
Arlington Emergency Services Immediately under the command of Lieutenant Edward Madison, (corr.) took full command together with several individuals, and one most outstanding individual, who’s performance was above and beyond the call of duty, Virginia Ashline, did professionally and successfully employ large air-tools and the Jaws-of-Life, inches away from threatening my legs and stomach area’s of my body, and who did successfully without any harm to me, in about twenty minutes, during which time I was still physically restraining the accident victim, did they extricate the near dead, mangled motorcycle accident victim Domenick Quintone.
Immediately after the extrication of the accident victim Domenick Quintone, and his placement upon a stretcher and securing all available EMT individuals to the victims immediate life threatening condition, I was finally relieved at about 9:25 pm, approximately fifty-five minutes of non-stop excruciating endurance of giving physical assistance to the accident victim, I now found myself to be tremendously fatigued and stiffened caused, by the unmovable physical position that I had been employed in for the past fifty-five minutes, which was causing me difficulty in walking.
Immediately, rushing to my assistance, did come an anonymous to me, a Town
of Poughkeepsie Police Officer, who was with great concern and compassion for my well being,
saying to me, “Sir, is
that blood on you yours, or the accident victim’s?” (referring to the visible fresh blood on my left arm and hand and on the front
of my shirt and pants). I replied to the Officer, “I don’t
know who’s blood it is”.
This anonymous Police Officer proceeding by assisting me in walking,
saying to me, “Come
with me to the Ambulance, (about twenty feet away directly in the middle of the intersection) you
need emergency medical attention”. At the Ambulance, we found no Emergency Medical Personnel, they were all
employed with lifesaving efforts of the accident victim. This
anonymous Police Officer showing genuine concern, said to me, “Stand here and lean against the Ambulance, I’ll
get someone to give you Emergency Treatment”. Leaving me, returning in a matter of moments, he then said
to me, “I called
for help and they are all busy, but stay there and I’ll look in my
trunk and see if I have something that I can clean you up with”. (his patrol car was parked ten feet away, adjacent to the
Ambulance in the center of the intersection). During the time this
Police Officer was looking in his trunk, came along to my assistance, Virginia
Ashline EMT, saying to me, “Stand
right there, stand right there against the Ambulance, I’ll be coming
right back to attend to you”.
Still
tremendously fatigued from the past ordeal, I was standing against the
Ambulance where I was placed by both the anonymous Town of
Poughkeepsie Police Officer and Arlington EMT Virginia Ashline, to
wait my turn for Emergency Medical Treatment, I heard yelling above the noise and excitement, about ten
or fifteen feet away, and placing my attention to the vocabulary, I heard Volunteer Fire Fighter Joseph
Lawrence yelling and saying to Town of Poughkeepsie Police Officer
Gregory S. Wagler,
“Look
at that Saint Angel Sr. out there promoting himself for Sheriff”, Officer Wagler
replied, “I’ll go take care of that right now”. (In addition to myself, two other individuals witnessed
this above conversation between Lawrence and Wagler).
At
this time, on Thursday, July 3, 2003, approximately 9:35 pm,
I was approached by Town of Poughkeepsie Police Officer Gregory S.
Wagler where I was standing, placed by authority, waiting my turn for
medical treatment. Gregory S. Wagler while on duty as a Town
of Poughkeepsie Police Officer, even though he visibly could
see, that my left arm and hand was cut and bleeding, and the front of
my shirt and pants were excessively stained with fresh blood, forced
me away from the Ambulance parked in the center of the intersection,
by physically forcefully, with arms held out waving up and down and
aggressively walking towards me, displaying arrogant aggressive body
movements, in assistance with a harassing intimidating voice,
screaming at me repeatedly, “You’re in my crime scene, get out of
my crime scene, get out of my crime scene, get out of my crime scene,
get on the corner, get on the corner” and with additional intensive
aggressive body movements, did force me against my will, TO EITHER
ENGAGE HIM WITH A PHYSICAL CONFRONTATION or to walk backwards INTO AND
ACROSS an oncoming lane of traffic, to the Southeast corner
sidewalk of the intersection (where we were almost stuck by oncoming
vehicles, if not for the diligence of the Fire Fighter / witness
directing traffic, halting the vehicles) where I finally did end up.
At this
time Gregory S. Wagler returned to having his conversation with
Volunteer Fireman Lawrence. Even though I was still confused by
the physical actions of Wagler, that seemed to display animosity
towards me, and why he had singled me out to prevent me from having
emergency medical treatment, I crossed Taft Avenue, out of Wagler’s
view and returned to where I was previously instructed to stand by the
Ambulance to wait for emergency medical treatment.
After my
return to the Ambulance, about five minutes later, approximately
9:40 pm, I was immediately approached by a very concerned EMT Virginia
Ashline and her assistant, they brought me inside the Ambulance
and immediately proceeded with emergency treatment on the cuts on my
left arm and hand. After treatment, they asked if I wished to be
brought to the Hospital and I declined by signing. They both
thanked me very much for the assistance that I had provided at the
accident scene, and with that they released me at approximately 9:55
pm.
Now
recuperated and feeling much better, I returned to my parked
vehicle, where supervisor Officer Sgt. Hamburger was
sitting in his parked patrol car. I summoned him outside of his car,
and proceeded to make a criminal complaint against Town of
Poughkeepsie Police Officer Gregory S. Wagler. I was told by
Sgt. Hamburger that I should overlook the incident and the attitude of
Wagler, and I quote him saying, “You know, he is a young guy,
and he is excited and his adrenaline is rushing, and you know how it
is. You have a young son yourself, you know how they can be”. I replied, “No I don’t know how it is, and I want to make
a criminal complaint now against Wagler, for preventing me from
obtaining emergency medical services at the scene of an accident”.
At this point, Sgt. Hamburger walked away saying, “Well, if
you want to make a complaint, you have to make it at Police
Headquarters”.
Immediately
after Sgt. Hamburger walked away, I saw him having a conversation with
Town of Poughkeepsie Police Officer Gregory S. Wagler. After
the conversation was concluded, Gregory S. Wagler, once again
approached me while I was walking towards my vehicle, he
antagonistically, blurting out verbally to me said, “You don’t
want to talk to me, I hear you won’t to talk to me, I hear you won’t
talk to me”, when I refused to answer, he engaged in a
course of conduct to physically, forcefully stare at me with an
intimidating nature, and after a few seconds, commanded that I get
into my car and wait there.
After
speaking with Sgt. Hamburger, at approximately 10:15 pm,
I was approached by Deputy Sheriff Grieb with Deputy Sheriff
Cumming in witness, and I was asked to give my statement as to
what I had seen in regard to this accident. I willingly cooperated in
giving my statement, and immediately after giving my statement I told
both of the Deputy Sheriffs of the unfortunate incident that had been
presented by Town of Poughkeepsie Police Officer Gregory S. Wagler
in preventing me from obtaining emergency medical attention, and that
I had intended to seek a criminal complaints against Wagler.
On Thursday,
July 3, 2003, approximately 10:35 pm, I personally, together
with a witness, entered the Town of Poughkeepsie Police Headquarters
and attempted to file criminal complaint against Police Officer
Gregory S. Wagler. The Officer at the desk who was unidentified to
me, instructed me in an obstinate voice, that he could do
nothing for me tonight, and if I wanted to do such a thing as file a
complaint against Officer Wagler, I would have to take this matter up
with his watch commander, Sgt. Cox. Seeing that I was
annoyed with the arrogance of the Officer at the desk, Town of
Poughkeepsie Police Officer Raymond Marino, who I personally know,
walked over to the window and politely advised me and said, “Since
tomorrow, Friday is the 4th of July, and Saturday and
Sunday the weekend, you probably would be better off to come back
Monday morning and speak to commander Sgt. Cox, who would be coming in
around 7:30 am”. I thanked Officer Marino for his assistance
and left.
On Monday,
July 7, 2003, at approximately 2:00 pm, I personally, together
with a witness, entered the Town of Poughkeepsie Police Headquarters
and attempted to file criminal complaints against Police Officer
Gregory S. Wagler. The Officer at the desk named Lawrence Clark,
made a request to Sgt. Cox to conduct an interview on this
criminal complaint against Wagler.
At
approximately 2:15 pm, Sgt. Cox emerged, introduced himself and
invited us into a private external conference room where the interview
took place.
I gave my
statements to Sgt. Cox, in support of my demand to file
criminal complaint’s
PL §240.70 Criminal Interference with Health Care Services
in the Second Degree, and PL §240.26 Harassment in the Second
Degree, against Town of Poughkeepsie Police Officer Gregory S.
Wagler.
Sgt.
Cox offered on two occasions during the interview, to accept a
civilian complaint from me, and I declined each time and insisted on
making criminal complaints. Sgt. Cox seamed to become very
annoyed and belligerent and told me that he couldn’t take any kind
of complaint like that, and offered once again to possible
accept a civilian complaint from me, and I declined again. Before
leaving, Sgt. Cox said, “You know I was a Deputy
Sheriff”, why he said this, and what does it mean, I still
stand bewildered. Before leaving the interview, I asked a
direct question of Sgt. Cox. I said to him, “Are you
going to take my criminal complaints against Gregory S. Wagler today?”
He replied arrogantly, “No”. He then told me that he
would get back to me. In leaving, I apologized for having to bring
such a despicable charge against one of his Officers.
ADDITIONAL INFORMATION
Date of accident: Thursday July 3, 2003, 8:30 pm
Location of accident: (Westbound Arterial) Taft Avenue and Maple St. Ext. Intersection
SUV Accident Female Victim’s Name: Unknown
SUV
Accident Child Victim’s Name: Unknown
Motorcycle Accident Victim’s Name: Domenick Quintone (Saint Frances Hospital)
Arlington Fire Dept. Incident Number: #03-0002136
Arlington Fire Department Incident
Description:
Serious motorcycle accident. Motorcycle into car. Extrication of patient needed. Pt trapped between car tire and wheel well. Extrication time approx. 20 minutes in duration., Lt ECM
Known
Witnesses at the scene:
Arlington Fire Department as follows:
Michael Flemming, Asst. Chief
A. Schoessow
Edward C. Madison, Lt.
W. Sedore
J. Cox
Virginia Ashline
A. Zagajewski
H. Briggs
C. Dougherty
V. Zamaloff
W. Horton
J. Carrube
J. Lawrence
R. Saint Angel
Dutchess
County Sheriff’s Department:
(First to arrive on scene)
Deputy Sheriff Todd A. Grieb
Deputy Sheriff Darren M. Cummings
Town of Poughkeepsie Police Department
Police Officer Sgt. Hamburger (Supervisor)
Police Officer Gregory S. Wagler
Police Officer Raymond Marino
Police Officer (Anonymous, who assisted Saint Angel with emergency treatment)
Police Officer (Unknown)
Police Officer (Unknown)
Other Witnesses at
the scene (presently unknown, seeking I.D. by newspaper ad)
Witness photographs
at the scene (presently unknown, seeking I.D. by newspaper ad)
Possession of tape
recordings of some of the verbal conversations.
Accommodations should
be issued to the following individuals:
“Dedication of a
Public Servant acting above and beyond the call of duty”
Dep. Sheriff Todd A. Grieb
Dep. Sheriff Daren M. Cummings
“Performance acting
above and beyond the call of duty”
Town of Poughkeepsie Police Officer (Anonymous)
AFD Fire Fighter/EMT Virginia E. Ashline
