A New Rochelle Police officer is breathing a sigh of relief after a judge found that prosecutors had not proved that detective Michael Vaccaro intended to injure a restrained suspect as he threw punches at him.
According to LoHud.com, the incident happened back in February 2021. The judge stated that along with the failed attempt to prove an intent to injure, there was enough conflicting narrative about whether Vaccaro’s use of force was justified or not.
The incident was captured in a viral video where Vaccaro can be seen approaching Malik Fogg and began to throw punches at him. Fogg was already being restrained by other officers.
Apparently, the two got into an argument when Fogg hit the windshield of his mother’s car at a gas station. Vaccaro then began recording the confrontation between the two and refused to answer any of Fogg’s questions about why he was being recorded. Vaccaro then drove off and Fogg followed. Vaccaro called 911 for assistance and then stopped a few blocks down. Officers were there as Fogg began to threaten Vaccaro. That’s when officers began arresting him and the viral cell phone video picks up.
Vaccaro was initially charged with two third-degree attempted assault charges.
He’s been on paid administrative leave pending the outcome of the trial. With the acquittal, he is expected to be back on active duty.
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