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SARATOGA SPRINGS — A report promised by new city Public Safety Commissioner Jim Montagnino early in his term regarding a 2013 incident in Saratoga Springs was publicly released this week.
The 37-page report, “Draft Report on the Circumstances Surrounding the Death of Darryl Mount,” was presented by Montagnino to the City Council at its Feb. 15 meeting.
“The community is entitled to know as much as possible about what actually happened on Aug. 31, 2013 and beyond in order to be able to make informed decisions for the future and in order to re-establish trust in our local institutions and leadership,” Montagnino said.
The report – the information of which was largely drawn from publicly available papers submitted by attorneys representing the city - points to conflicting information regarding whether a post-incident investigation was conducted.
“Gregory Veitch, the police chief at the time, told a reporter that two separate investigations had been initiated and were underway. Later (while deposed for a civil lawsuit) under oath, he admitted that this statement was untrue and intended to mislead,” Montagnino’s report states. “Chief Veitch admitted under oath that he had intentionally misled the reporter. He conceded that there had never been an internal investigation,” Montagnino says.
Chris Mathiesen, who served as public safety commissioner at the time, attended Tuesday’s meeting at City Hall and spoke during the public comment segment.
“The report issued by Commissioner Montagnino regarding Darryl Mount reaches the same conclusion we did: the police did nothing wrong that night. On that we can all agree,” Mathiesen said.
Regarding the police chief’s exchange with a reporter, Mathiesen claimed that was the result of the reporter’s “confusion over the use of the use of term ‘internal,’” and “was my fault and does not constitute deception on anyone’s part. Chief Veitch handled the case well,” Mathiesen added. “He is an honorable man and a well-respected former Chief who does not deserve to be made a scapegoat by Commissioner Montagnino.”
Montagnino’s report delves into Mount’s background, the 2013 altercation on Caroline Street, the encounter with police, and depositions of witnesses and medical records. It traces a line of Mount fleeing Caroline Street and onto Broadway with city police officers Tyler McIntosh and Eric Warfield in pursuit, and Mount’s running between two narrow buildings – currently a pathway which leads across the north side of The Washington building. The two officers drew their Tasers and fired a total of four prongs – all of which missed their intended target. The building was under construction at the time, a network of temporary scaffolding at its rear, with its upper surface 19-1/2 feet above the alley that merged with Putnam Street below.
It was in that alley Mount was found, breathing but unresponsive, by workers at the nearby Gaffney’s bar. Mount suffered multiple bone fractures and brain damage resulting from bleeding within the brain. “He remained comatose. While he regained consciousness to a degree, he was not able to communicate,” Montagnino notes. Mount died the following May.
Ultimately, Montagnino’s draft report concludes: “at present, there is no evidence in the public domain that suggests anything other than Mr. Mount’s accidental sustaining of his injuries.” Montagnino raises the issue of it being “appropriate to pursue the question whether former Chief Veitch himself violated General Order #25” – which mandates an internal affairs investigation whenever a complaint is lodged alleging serious police misconduct, according to the report. He points to a lack of taking the initial steps of appointing an internal affairs officer to investigate beating complaints and misleading the press into believing that a required internal investigation had commenced, as reasons.
“The complete lack of accountability demonstrated here renders it not at all surprising that many have lost trust in their local government leadership,” Montagnino says. “Particularly with a matter as sensitive as police brutality, our leaders must learn that there are consequences in taking a dismissive attitude toward or in downplaying the severity of allegations of abuse of force.”
Tuesday night, the City Council kept open a public hearing regarding the potential formation of a Civilian Police Review Board, and discussions about the role of that CRB board and its member makeup will continue.
Mayor Ron Kim announced a petition received by “Citizens to Impel an Impartial Investigation into the Injury Suffered by Darryl Mount on 8/31/13” has been filed with the city. And the City Council by unanimous vote approved a letter be sent to Gov. Kathy Hochul requesting an Executive Order be made to authorize the Attorney General to conduct a Grand Jury Investigation into the circumstances surrounding the death of Darryl Mount. That Criminal Procedure Law (CPL) 190 would include an investigation of potential misconduct on the part of public officers in the period following the events of Mount’s death.
“There are a number of members of the community who are still unsatisfied and believe there are questions and believe there are witnesses who might come forward and the best and last chance is a Grand Jury investigation,” Montagnino said Tuesday. Mayor Kim applauded Montagnino’s efforts in crafting the draft report on the circumstances surrounding Mount’s death and agreed there should be an independent investigation conducted.
A civil lawsuit initiated by Mount’s family in 2014 is still active and anticipated to continue in the courts for at least another year.
“It would be inappropriate to speculate as to when and how the civil lawsuit will ultimately end,” Montagnino concludes in the draft document. A Final Report has been made available in its entirety on the city’s website. “We may wait for the judicial process to run its course, though a reasonable person might well find that sufficient evidence is currently available to support a reliable conclusion.
“Even in the absence of evidence that Mr. Mount was mistreated in any way by the patrol officers of the Saratoga Springs Police Department, there is more than sufficient proof that the misconduct of former Chief Veitch has caused Mr. Mount’s family considerable pain and suffering,” notes Montagnino, offering a suggestion that the city “extend an olive branch to the family of Darryl Mount by offering to negotiate a settlement of the civil lawsuit.”
“As far as the report, I’m not here to say who’s right or who’s wrong,” Saratoga Black Lives Matter leader Lexis Figuereo told the council Tuesday night. “There hasn’t been an investigation that was independent from the city yet, so obviously we would love to move forward with Gov. Hochul making an Executive Order to have Letitia James’ office investigate SSPD.” Saratoga BLM was formed in the aftermath of the death of Darryl Mount.
Former Commissioner Mathiesen said he would also favor a Grand Jury Investigation “because I want my name cleared.”
The request of the governor mirrors one made last month of Saratoga County District Attorney Karen Heggen. That request was denied on Feb. 4. In reaching out to the governor, Montagnino referenced a 2015 Executive Order signed by then-Gov. Andrew Cuomo that gave provisional jurisdiction to the Attorney General’s Office over the investigation of any cases in which an unarmed civilian died in a police encounter.
