WEST HAVEN – A city police officer has been suspended with pay and charged with felony assault after a fellow officer alleged he used excessive force by punching an autistic homeless man 18 times in July during an arrest that state police said lacked legal justification.
Officer Richard Naccarato, 32, of Danbury, was charged Oct. 24 with second-degree assault in connection with a scuffle outside JR’s Place, 555 Campbell Ave., on July 1. Investigators determined that Naccarato tackled victim Kevin Zollo, and, with another officer holding Zollo’s legs, punched the 37-year-old in the head 18 times while trying to arrest him, state police Detective Kevin Roberts of Troop A-Southbury said in a nine-page arrest warrant affidavit.
The case is pending in Danbury Superior Court and the Chief State’s Attorney’s Office is reviewing it. Naccarato, who has not entered a plea, remains free after posting a $50,000 bond, said his attorney, Frank Riccio of Bridgeport.
Mayor Dorinda Borer and Police Chief Joseph Perno called a press conference on Wednesday to praise city police who contributed to the arrest of Naccarato.
Perno said the officers demonstrated integrity and followed the state’s Police Accountability Law when they reported the incident to Milford Superior Court, held an in-house use of force review, and collected the evidence used by a prosecutor and judge in approving the arrest warrant.
“The officer [for first] reporting it to his superiors, the superiors taking the proper steps of sending it up to my office, the use of force panel conveying their findings – the system does work,” Perno said. “The officer that intervened, we give a lot of credit to that officer for having the foresight and just the ability to come forward and say what they saw.”
Riccio declined to comment on the investigation or the allegations against his client. Naccarato, who joined the department in June, 2021, has had a clean record to date, Riccio said.
“There’s not really so much to say because we’re so early on in the process. I’d say that we’re looking forward to reviewing the evidence and we’re looking forward to getting the process going in court,” Riccio told CT Examiner.
‘Investigative detention’
The incident began when the bar called 911 at about 11 p.m. on July 1 to complain of a homeless man sitting on the sidewalk in front of the establishment. Naccarato told investigators that Zollo refused orders from Naccarato and Officer Melissa Minore to move elsewhere, saying that he had a right to sit on the sidewalk, Roberts said.
Naccarato attempted to handcuff Zollo for “investigative detention.” Naccarato wrote in his report of the incident that he was concerned that Zollo “could not simply be left on a high public traffic area due to what appeared as an altered and agitated mental state,” said Roberts.
But Roberts said that Zollo became violent and a 30-second altercation followed. First Zollo punched Naccarato three times and clawed at Naccarato’s face, scratching the skin and eyebrow as he possibly attempted to gouge Naccarato’s right eye. As a result, Naccarato suffered blurred vision as he wrestled Zollo to the ground, according to Roberts.
With Minore holding down Zollo’s legs, Naccarato said in his report, he sat on Zollo’s upper body and hit Zollo until he stopped fighting while also struggling to keep Zollo’s left hand away from Naccarato’s utility belt. Naccarato also told Minore to radio for backup and radioed for backup himself, Roberts said.
Several responding officers then helped handcuff Zollo.
Zollo suffered heavy head bruises and scratches and head and neck pain.
A later review of the officers’ body camera footage and the bar’s security cameras found that 15 of the 18 punches came with Naccarato and Minore atop Zollo “while Zollo does not appear to be resisting in a manner consistent with that level of force,” Roberts said.
“Furthermore, Officer Minore can be heard saying ‘No, no, no,’ in a manner consistent with an officer’s requirement to intervene in force they deem excessive,” Roberts said.
Minore, who had her back turned to Naccarato during at least part of their attempt to restrain Zollo, tapped Naccarato on the back several times when he was punching Zollo to get him to stop, Roberts said.
The victim was right
Roberts in his report said that Naccarato’s use of force was also wrong under the circumstances.
In Roberts’ opinion, Zollo was correct that he had a right to be where he was sitting on the sidewalk. Connecticut General Statutes 53a-182a – Obstructing Free Passage does not allow people to “obstruct unreasonably” the free passage of pedestrians to public streets, crosswalks or sidewalks or to the entrance of any building open to the public.
“Zollo was neither blocking the entrance to the bar, nor was unreasonably blocking foot traffic due to the large size of the sidewalk,” Roberts said.
That means that Naccarato in effect violated Connecticut General Statutes 53a-22, which governs the use of force in making arrest or preventing escape. Under the law, if a person believes that misconduct is a crime when it actually is not, that person is not justified in using any amount of force to make an arrest based on that mistake, even if the mistake is reasonable, Roberts said.
Second-degree assault is a Class D felony that carries up to five years in prison and fines up to $5,000.
Perno said that West Haven police worked quickly to address the allegations against Naccarato in accordance with the accountability law. The incident was referred to Naccarato’s superiors on July 2, a day after it happened, and the review board met shortly after that. Naccarato was not working on July 2, and by July 4, he was on administrative leave, Perno said.
“The officer did not serve any time on duty after the incident,” Perno said.
Also in accordance with the law, the city was seeking the revocation of Naccarato’s police certification, Perno said.
Borer praised Perno for his administration’s quick response to the incident.
“The tone of the department starts at the top, and our chief has made it very clear that these types of actions won’t be tolerated,” Borer said. “They’ll be addressed and if anybody’s a witness to these types of actions, they need to come forward, and that’s exactly what happened here. So I want to thank him. I want to thank the officers who all reported it up the chain.”
“Everything happened very timely and according to policy, according to law, and I just also want to be clear that the actions of one individual are not a reflection on the entire force that works hard every single day for the residents of the city of West Haven,” Borer added.
Naccarato is due in court in Danbury on Dec. 17.