Thursday, January 07, 2010

Officer Andrew Gill Investigated for Attacking Teen

A Lancaster teenager claims he was viciously attacked and beaten by an off-duty town police officer during a “Beer Pong” game at a New Year’s party attended by underage drinkers.

Town Police Chief Gary F. Stoldt said two captains in his department are investigating the allegations against Andrew Gill, 23, a probationary police officer who has only been on the streets for a couple of weeks.

“It’s a tough situation, but it isn’t going to be whitewashed,” Stoldt told The Buffalo News. “If it turns out there was wrongdoing, the appropriate action will be taken.”

No charges have been filed against Gill, whose father, Gerald Gill, is a lieutenant in the department’s Detective Bureau.

Justin Mangold, 17, alleges that Andrew Gill beat him without provocation sometime between 3 and 4 a. m. on New Year’s Day, according to Mangold’s attorneys, Scott F. Riordan and David S. Kelly. The News contacted police and Mangold’s attorneys about the incident Wednesday after a town resident called the newspaper to ask what was happening with the investigation.

“We have witnesses who verify that my client never said anything bad to Andrew Gill, never threw a punch, never became aggressive toward Gill in any manner,” Riordan said. “[Gill] just attacked my client. He was yelling, ‘I’m a cop, I can kick your ass and get away with it!’ ”

The attorney said Mangold was treated in Millard Fillmore Suburban Hospital, Amherst, after suffering a broken nose, a cut lip, a chipped tooth and two black eyes.

Mangold’s attorneys gave this version of events, based on information they received from their client:

During the New Year’s party on Via Donato Drive in the town, teenagers and other young people began playing “Beer Pong,” a drinking game in which contestants try to bounce a pingpong ball into a beer cup.

Mangold was standing in line, getting ready to play, when Gill cut in front of him.

“My client said, ‘You took my spot,’ and that’s when Gill began yelling that he was a cop and could do anything he wanted to do,” Riordan said.

He said Mangold — trying to avoid a fight with the off-duty cop — then walked away from the “Beer Pong” table and went to sit down on a nearby couch.

“Before [Mangold] could even sit down, Gill punched him in the face, and he kept punching him,” Riordan said. “Gill was yelling, ‘I’ll kill you!’ ”

The attorney said his client tried to duck away from Gill’s punches but never threw any punches at the police officer. Ultimately, some other party goers stepped in to stop the attack, Riordan said.

Mangold did not report the incident to police until later in the day, after he had received hospital treatment, Riordan said.

So far, Mangold has only given a brief statement to Lancaster police and has been reluctant to talk to detectives in detail about what happened, Riordan said.

“[Mangold] will cooperate in the investigation, but he’s understandably concerned about the Lancaster police investigating one of their own,” Riordan said. “We want to see this whole incident brought to light.”

Andrew Gill’s attorney, Patrick J. Brown, asked that people withhold judgment until all the facts come in.

“There is another side to this story,” Brown said. “Andrew is a great kid from a terrific family. We’re trying to sort out all the facts and determine what actually happened.”

Stoldt and Detective Capt. Timothy R. Murphy declined to comment in detail on Riordan’s version of what happened, but both promised a full investigation will be conducted.

“We’re handling this the same way we’d handle any incident of this kind, no matter who is involved,” Murphy said.

Murphy and Capt. Marco Laurienzo are both investigating the incident, Stoldt said, adding that he has spoken to the town attorney and other town officials about it.

The two captains have been trying for several days to track down young people, including teenagers, who attended the party and might have seen the incident, Stoldt said.

Efforts by The News to reach Gill were unsuccessful Wednesday. His father, the lieutenant, said he is not involved in the investigation.

“It’s my understanding that the facts are being collected by the Police Department,” Lt. Gill said. “As a dad that loves his son, I can only hope the facts support his actions.”

Andrew Gill was appointed to the department last year and recently graduated from the police academy. He began patrol work with a field training officer about two weeks ago and has been doing well, Stoldt said.

In addition to possible criminal charges, the rookie officer could face departmental charges that could lead to his suspension or firing, the police chief said.

Asked about Gill’s current status in the department, Stoldt said: “He’s not working right now. He’s taking some personal days, and after that, he might be placed on administrative leave, or some other action could be taken while this investigation is pending.”

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