Approximately 15 minutes later, Raible walked back up to Arpei and said something about him being a police officer. He then proceeded to hit Arpei in the head. Arpei did not retaliate and did not suffer any serious injuries. Arpei and the unidentified officer contacted the police department about the assault and an on-duty supervisor was dispatched to the scene. Raible was charged with third degree attempted assault.
As with all incidents involving off-duty personnel an internal investigation was conducted. As a result of that investigation, both officers have been cleared of any wrongdoing in this matter. Neither Officer Arpei, nor the second off-duty officer, is suspected of any criminal wrongdoing and no criminal charges against the officers are anticipated.
Chief of Police Greg Veitch said the officers were cleared because they had not retaliated and were not the antagonists in the situation.
“While off-duty police officers have a right to socialize wherever they are legally permitted to do so without being subjected to antagonism and physical abuse, they also must realize that they are held to a higher standard than the general public,” said Veitch. “Public perception of the police is critical to the success of the mission of the police department and police officers will be held to a high standard of conduct both on and off-duty. Every incident involving off-duty police officers will be investigated to ensure that Saratoga Springs police officers are behaving with integrity and in accordance with the laws, rules and regulations governing their behavior. In this case the officers acted with considerable restraint after an unprovoked assault. They were at the location for less than one hour, were not intoxicated, and took the appropriate actions by calling on duty personnel to deal with the incident. They did nothing wrong and have been cleared of any wrongdoing through both a criminal and internal investigation. ”