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#1121683 --- 12/15/09 10:28 AM Port Byron Off Duty Cop
wanabe Offline
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Registered: 03/29/07
Posts: 234
Loc: NY
Why hasn't O'Donovan been ticketed for the same offenses, since his same actions provoked the entire situation? Just because he has a badge doesn't make him above the law.

http://www.9wsyr.com/content/news/real_d...A+Local+News%29




Port Byron (WSYR-TV) - It was standing room only at the Port Byron village board meeting, but the topic most everyone was here to talk about, was discussed behind closed doors in executive session.

The crowd cleared out while the board decided how to handle an incident that happened last Sunday night. Officer Chris O'Donovan was off duty when he tried to pull over a woman for tail-gating him. O'Donovan followed Angela Dudley in his personal truck, even pulled up along side her on a single-lane road to try and get her to pull over.

Having no idea he was cop, Dudley nervously kept going. About an hour later, the off-duty officer showed up at her house, in that same personal vehicle to give her two tickets for tail-gating and having her bright lights on.

The board says they checked with the Cayuga County DA's office and Officer O’ Donovan didn't break any laws. The board said they are going to ask the village attorney to draw up policies concerning what off-duty officers can do and when.

“I have courage of my convictions and I stand true to the accusations that I made even though I'm happy about the outcome,” Dudley said.

Officer O'Donovan said that although he was within his authority, he does regret how this all happened and does think there was probably a better way to handle it.

Dudley will go in front of the village justice tomorrow to answer to the two tickets she was written.

Off-duty officer tries to pull woman over in his own truck: The Real Deal
(WSYR NewsChannel 9 )
(WSYR NewsChannel 9 )
Port Byron (WSYR-TV) – A village board will analyze whether a police officer in charge of the village of Port Byron force over-stepped his authority when, in his personal vehicle, wearing street clothes, he attempted to pull over a woman who was tailgating him.

The driver of the vehicle, Angela Dudley, says it was a frightening experience. She thought she was becoming a victim of road rage.

Dudley said she was driving home from the mall, when she noticed a black escalade with bright lights started tail-gating her. “He flew right by me like I was standing still. I eventually caught up with him because there was slower traffic ahead about half-way through Throop and I did follow too close.” Dudley admits she was angry and got carried away, but thought the incident was over when she noticed the truck wasn't in the same turning lane she was.

When Dudley turned off Route 38 onto Route 31, the black escalade followed her. The driver then pulled up alongside of her, waving his hands, trying to get her to pull over. Terrified, Angela said she kept going. The driver pulled into the Port Byron municipal building parking lot.

When she got home, Dudley told her family what happened. A short time later, as she was hanging up Christmas ornaments, she noticed the truck was parked out in front of her house.
The driver of the vehicle, Angela Dudley (WSYR NewsChannel 9 )
The driver of the vehicle, Angela Dudley (WSYR NewsChannel 9 )
The driver identified himself as a cop as he approached the door. Officer Chris O'Donovan said when he realized Dudley wasn't going to pull over for him, he pulled into the station located in the municipal building, to run her plate.

“What lucid officer thinks that a woman is going to pull over for a Cadillac Escalade, or any vehicle that's tailgated you and is now riding side by side on a double line through the village,” Dudley told NewsChannel 9.

Officer O'Donavon said there was no village police officer on duty that night to call to handle the situation. He said felt Dudley’s driving was dangerous and since she was in his jurisdiction, he was within his authority to do what he did. “He said your tickets are on the table, I don't have to listen to you, I've got things to do, walked back through the ditch, got into his truck and drove off,” Dudley said.

Several other police agencies NewsChannel 9 spoke with all said if an off-duty officer witnesses a crime or traffic violation they consider to be serious in their jurisdiction, they typically call it into either their village, or if no one is on duty, the Sheriff's Department or State Police. All of them said they would never allow an officer to pursue someone in their personal vehicle unless it was a very serious crime.

The Mayor of the village of Port Byron, Ron Wilson said there are no rules that specifically address the issue. He added it was normally not done. Wislon said Officer O’Donavon has been on the force for 20 years without issue. Wilson will let the village board decide whether any disciplinary action should be taken.

The village board meets Monday to discuss the case.
Unmarked Police Cars
We checked with local police departments to find out their policy about unmarked police vehicles, which can cause some to hesitate to pullover.

State Police no longer use unmarked cars to pull people over. Several years ago, they adopted a policy against it.

Syracuse Police and the Onondaga County Sheriff's Department do use unmarked cars, but say they all have lights and sirens inside and if they're going to pull you over, those will be on.

In both cases, unmarked cars are always used only by officers on duty.

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#1121686 --- 12/15/09 10:33 AM Re: Port Byron Off Duty Cop [Re: wanabe]
Jelloshot Offline
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Registered: 11/22/02
Posts: 11043
Loc: Right behind you.
"Why hasn't O'Donovan been ticketed for the same offenses, since his same actions provoked the entire situation?"

The only way that would happen is if Ms. Dudley went and filed a citizens complaint, or another witness came forward and did the same.

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#1121704 --- 12/15/09 11:20 AM Re: Port Byron Off Duty Cop [Re: Jelloshot]
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
That's another one Osborne is still on the job, while Doug Zammett had to post $25K bail for doing pretty much the same thing. Doug's crime sounded far less violent and frightening than Osborne's CRIME. The scales of justice are always heavily tipped in favor of the police.

http://www.fingerlakes1.com/addedstories/20090928091523.php

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#1121750 --- 12/15/09 01:34 PM Re: Port Byron Off Duty Cop [Re: wanabe]
queenbee Offline
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Registered: 01/22/08
Posts: 1758
Loc: soul quest
He should receive the same tickets but a heftier fine as he persued her and could have caused an accident. His actions were also breaking the law. But they will let him off cops getaway with too much.
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#1121758 --- 12/15/09 01:47 PM Re: Port Byron Off Duty Cop [Re: queenbee]
reilley Offline
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Registered: 01/17/05
Posts: 11744
Loc: between here and there
Port Byron Board is looking into the matter. I think there is a grey fine line out here in the country ..
I just think there is more to the story, when this happened,the next morning,bright and early it had hit the news. She must have been on the phone all night calling the all the news media.
I am not defending either,I don't know the lady. I am sure I would have been scared also and I don't know if I would have pulled over or made a cell call to 911.
Sherriffs and State Troopers are few around here(not me,though I have uniforms surrounding me) but it can take 20 to 30 minutes to respond to a call .
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#1121791 --- 12/15/09 02:57 PM Re: Port Byron Off Duty Cop [Re: reilley]
Greymane Offline
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Registered: 11/09/06
Posts: 6848
Loc: Central PA
Don't even bring Doug into this. There are few people on the planet less stable.
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#1121797 --- 12/15/09 03:09 PM Re: Port Byron Off Duty Cop [Re: Greymane]
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
I read the the thread about Doug. I don't know him, but justice is supposed to be blind.

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#1121881 --- 12/15/09 06:13 PM Re: Port Byron Off Duty Cop [Re: wanabe]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Congratulations to the officer who ticketed this person as she was breaking the law by tailgating. Had he been in a police vehicle she would not have tried to intimidate him by following too closely. He took the time, his own time by the way, to identify the vehicle and driver as her driving was a danger to others. Who knows, if she had done this to someone else that person may have really expressed road rage in an entirely different way.

He tried to stop her, apparently realized she would not as he was not in a marked car so he went to the station and found out whose vehicle it was. It could have been a stolen vehicle, or someone bent on running someone off the road, or whatever.

The officer should be commended, not critized. She should accept this as a lesson and in the future drive safely paying attention to the rules of the road.

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#1121933 --- 12/15/09 07:56 PM Re: Port Byron Off Duty Cop [Re: grinch]
Ovidian Offline
Silver Member

Registered: 12/02/02
Posts: 11435
Loc: gone
I wholeheartedly disagree. I believe he abused his power. Is wholeheartedly one word or two?

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#1121943 --- 12/15/09 08:25 PM Re: Port Byron Off Duty Cop [Re: grinch]
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
Grinch,
So you think it's alright for him to do that to her? Did you read the entire article? He provoked the incident. He was off duty, he wasn't responding to some emergency. He annoyed her and she annoyed him back. He should be ticketed as well.

[i]Dudley said she was driving home from the mall, when she noticed a black escalade with bright lights started tail-gating her. “He flew right by me like I was standing still.[/i]

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#1122027 --- 12/15/09 11:03 PM Re: Port Byron Off Duty Cop [Re: wanabe]
queenbee Offline
Senior Member

Registered: 01/22/08
Posts: 1758
Loc: soul quest
He still had no authority to do it. He could very well followed her home w/o trying to pull her over, run her plates , went by her home the next morning and informed her that it was him the previous nite and given her a warning, That would have sufficed , but NO he had to be a "Drama Queen" . He was wrong to do what he did the way he did it! It's like I said in another post-Give someone a plaque with their name on it and they get the "god complex".
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#1122154 --- 12/16/09 08:18 AM Re: Port Byron Off Duty Cop [Re: queenbee]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Yes, I read HER VERSION.

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#1122172 --- 12/16/09 09:09 AM Re: Port Byron Off Duty Cop [Re: queenbee]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
This officer has 20 years of experience without issues and is not a newbie out to make a statement. He took his own time and probably will have to go to work on a day off to appear in court supporting his deposition.


There recently have been a number of situations in the paper concerning drivers with road rage or committing assaults as just happened in Seneca Falls. At least one ended tragically just a few miles from Port Byron. What would be your response if an off duty police officer observed those events and did nothing? One can only imagine the outrage some of you would spit out on this board.

The officer had no idea if the driver was mentally stable, under the influence of drugs, drunk, running from something or bent on causing an accident by her aggressive actions unless he observed her. Waiting until morning would not have been appropriate. Whether she took offense at his passing her or not is immaterial her road rage in retaliation deserves more than a warning. He was there, he saw what she did, and his judgement in handling this incident should be supported, not criticized.

If she does not learn through this experience the next time she does this it may not be a police officer and that individual might do more than hand her a ticket. Read some of the posts concerning the assualt in Seneca Falls and those talking of using deadly force if they are in a similar situation. People in cars react in defense or anger using deadly weapons, a car for instance. In this case this woman was trying to intimidate the car that passed her by aggressively tailgaiting with bright lights on. Fortunately or unfortunately that vehicle was driven by a police officer.

A case of darned if you do, darned if you don't.

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#1122224 --- 12/16/09 10:17 AM Re: Port Byron Off Duty Cop [Re: queenbee]
Taxpayer14456 Offline
Senior Member

Registered: 08/23/06
Posts: 8109
Loc: Geneva
Originally Posted By: queenbee
given her a warning, That would have sufficed



Why give her a warning? Why would it have sufficed?
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#1122304 --- 12/16/09 01:39 PM Re: Port Byron Off Duty Cop [Re: grinch]
wanabe Offline
Member

Registered: 03/29/07
Posts: 234
Loc: NY
Your certainly entitled to your opinion, but it seems the consensus on here that he is a bully with a badge. Mrs. Dudley should be commended for bringing this to the forefront. If anything else let everyone know what type of vehicle this cowboy drives so he can be reported when he drives that way again. He probably felt pretty powerful walking away after issuing those tickets, not knowing what a mess it would turn into.
If he does not learn through this experience the next time he does this it may not be an otherwise law abiding citizen he provokes and that individual might do more than just tailgate him. Read some of the posts concerning the assault in Seneca Falls and those talking of using deadly force if they are in a similar situation. People in cars react in defense or anger using deadly weapons, a car for instance. In this case this cop provoked then tried to intimidate the car that he passed after aggressively tailgating her with bright lights on. Fortunately or unfortunately that vehicle was driven by a police officer.

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#1122310 --- 12/16/09 01:58 PM Re: Port Byron Off Duty Cop [Re: wanabe]
dachshunds_rule Offline
Member

Registered: 11/20/09
Posts: 214
Loc: NY
The board says they checked with the Cayuga County DA's office and Officer O’ Donovan didn't break any laws. The board said they are going to ask the village attorney to draw up policies concerning what off-duty officers can do and when.


After the Fact!!
IMO Hes lucky he didnt get his butt shot! If some strange dude tried making me pull over I am sure I would have reacted much worse than this lady did! In today's world to do something so stupid? Come on...He knew better!
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#1122349 --- 12/16/09 02:58 PM Re: Port Byron Off Duty Cop [Re: dachshunds_rule]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
Yes I am entitled to an opinion and stand by my posts. If the posts in support represent the actual feeling in that community I am thankful I do not live or drive there very often. Give the officer a chance to tell his side of the story and see what the judge has to say.


I am thankful there are officers when they see someone acting aggressively or committing a motor vehicle infraction they take action, on or off duty. Should that person harbor any thoughts of using a weapon such as a car as she did, or a gun as others suggest, might best think twice as the other driver might have the means at hand to respond.

It appears that he did try to stop her, realized she would not and had the good sense to back off according to her own statement. Then he took action by running the plate and then following through with the tickets now she gets mad. What would you have himm do , go home put on his uniform and then go to her home? What if the car was not in the drive, and it had been stolen would she have been mad he did not stop the car somehow?

If I were the judge she would be paying a hefty fine.



Edited by grinch (12/16/09 03:17 PM)

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#1122352 --- 12/16/09 03:10 PM Re: Port Byron Off Duty Cop [Re: grinch]
dachshunds_rule Offline
Member

Registered: 11/20/09
Posts: 214
Loc: NY
I still say IMO he was totally wrong!After the fact that he tried to force her to pull over in his personal vehicle he was dumb enough to use the same vehicle to then go to her house? What if she went home and was in the process of telling her husband that some wing nut just tried forcing her to pull over and he shows up at her house with the same vehicle??? I would say this guy lucked out twice!
I still think its funny that they are now having the Attorney drawing up what a off duty officer can and cant do.I guess good thing for this officer that this hadnt been done years ago like you would think it would have!
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#1122366 --- 12/16/09 03:26 PM Re: Port Byron Off Duty Cop [Re: dachshunds_rule]
grinch Offline
Senior Member

Registered: 08/28/01
Posts: 4617
Loc: New York State
I wish you many safe happy miles and that you do not ever be intimidated by another driver.

I should have said, if I were the judge I would levy a maximum fine on this women PLUS order her to take a safe driving course with emphasis on how to handle road rage. It just might save her life.

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#1122367 --- 12/16/09 03:27 PM Re: Port Byron Off Duty Cop [Re: dachshunds_rule]
reilley Offline
Silver Member

Registered: 01/17/05
Posts: 11744
Loc: between here and there
Ovidian : wholeheartedly is one word
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