人兽性交

As reported by 人兽性交 in December, the fight took place around midnight Oct. 5 at A.T. Walley & Co. at 119 Genesee St. downtown.

On Monday, 人兽性交 received the results of an Oct. 9 Freedom of Information Law request for the department's full investigation of the fight, as well as security camera footage of it. The records show a brief altercation in the bar that was followed by several weeks of investigation and a wide range of consequences for those involved.

The fight

According to the investigation records, the officers were at the bar for an Auburn Police Local 195 event when the union's president, Officer Michael Bufano, accidentally brushed against a customer. The customer, who has admitted to being intoxicated, told聽friends he planned on "snuffing" out Bufano in retaliation. 人兽性交 is not naming the customer because he has not been charged with a crime.聽

The customer said the same thing to another group of friends at the bar, near Officers Joseph Epolito and Thomas Fabiani. The customer also tapped Fabiani's shoulder. At that point, Epolito went to the bathroom to tell Bufano. The customer then took Epolito's place at the bar and, as he later told police, began "chirping" at Fabiani.聽

Fabiani told investigators the customer "brushed up against me and (was) getting a little too close for my comfort level, especially when the bar was not so crowded." The customer made "some kind of aggressive statement" that Fabiani could not recall, then "appeared to change his posture towards me in an aggressive manner." Fearing the customer might hit him, Fabiani grabbed and pushed him.

The customer told officers who responded to the fight that Fabiani grabbed and pushed him because he didn't move after the officer told him to do so. The security camera footage from A.T. Walley & Co., which does not contain audio, appears to show Fabiani suddenly grabbing the customer from behind and pushing him away from the bar.聽

After a few seconds of grappling as others tried to separate them, the customer threw a punch at Fabiani's head. About 15 others then became part of what is described in the records as "a dog pile," including a second customer who began grappling with Fabiani. Around that time, Epolito and Bufano returned from the bathroom.

Epolito then punched the second customer in the face while trying to separate him from Fabiani. According to the investigation records, the second customer was "defenseless" and pinned against a wall by three others. Epolito, however, told investigators he intended the punch as a "distractionary strike to deescalate the situation."

As the fight continued, a Snapchat video obtained by the department as part of its investigation shows Bufano throwing six punches and a hammer fist at the second customer while he is grappling with Lt. Michael Merkley. Bufano told investigators he thought Merkley was defenseless, and Merkley said he was punched at least twice.

The second customer was then pulled out the front door of the bar by Officers Austin McDeid and Nathaniel Barnes, and others. There, he was punched a second time by Epolito, again while defenseless.

Meanwhile, Fabiani was being held back by bar staff, Officer Anthony Spinelli and others, but at one point broke free "appearing to look for someone." A short time later, on-duty Auburn officers arrived.

The fallout

The department launched its investigation after a civilian complaint was filed alleging that excessive force was used during the fight by Bufano, Epolito, Fabiani, Merkley, McDeid, Barnes and Spinelli.

The investigation included interviews with the officers, customers and witnesses, as well as a review of security camera, body camera and other footage, and photographing the physical condition of those involved. Photos of the second customer show a black eye and several scrapes and bruises, and photos of Merkley show swelling around his eyes. None of the other photos appear to show any injuries.

The department found that Bufano and Epolito did use excessive force. As a result, according to the investigation records, Bufano lost 25 days through accruals and unpaid suspension, has been removed from specialized units for three years, and was required to complete legal liability training and the department's employee assistance program. Epolito lost 45 days, has been removed from specialized units for two years, and was required to complete de-escalation training, legal liability training and the employee assistance program.聽

"This brought discredit and impaired the public's respect of the Auburn Police Department because multiple bar patrons knew that (Bufano and Epolito are officers)," investigators said.聽

Both Bufano and Epolito were also recorded by investigators as violating New York state law for third-degree assault, second-degree harassment and disorderly conduct during the fight.

Asked by 人兽性交 whether the officers will be charged with those offenses, Deputy Chief Timothy Spingler responded that the department referred "the other involved parties to an outside police agency to pursue a criminal investigation if they choose to do so." He did not have any further information on potential charges.

For his involvement in the fight, Fabiani lost 32 hours, has been removed from specialized units for one year and was required to complete the employee assistance program. His discipline was a result of violating internal policy, however, as the department found that he and the four remaining officers did not use excessive force.

Merkley, as previously reported by 人兽性交, was demoted to school resource officer sergeant from lieutenant after being聽promoted聽in August 2023. He also has been removed from the department's Emergency Response Team, is restricted from working overtime outside of any worked at the Auburn Enlarged City School District, and was required to complete the employee assistance program.

While he was exonerated from the allegation of excessive force, Merkley made "various comments unbecoming of a police officer and that of a supervisor" after the fight, investigators said. They included him telling a responding officer, "I want to know who has pillow hands because I'm gonna f--k him up. Come join if you want."

"Was your intent entering the bar again to find this person and pick another fight?" investigators asked. Merkley, according to the records, replied that he "more than likely would have done nothing."聽

Investigators also noted that Merkley told two unidentified individuals at the bar, "I would lie in court for you two. No questions asked."

McDeid, Barnes and Spinelli were each required to complete a training memorandum for "various minor violations" of internal policy.

The three officers were commended for trying to break up the fight, though McDeid and Barnes were cited for trying to insert themselves into the investigation by responding officers. Barnes can be seen on body camera footage telling them during their interview of the first customer to bring him to the front of the bar, where the other off-duty officers were, because "he's the one who hit Fabiani."聽

McDeid was additionally cited for making a "slashing" motion toward the responding officers that was interpreted by investigators as a signal to shut off their body cameras. Officers CJ Gray, Alexa Smalley and Morgan Jensen later received counseling for selective activation of their cameras, which investigators said "paints a negative picture of us and will lead some to believe that we were 'covering it up.'"

It was further noted that McDeid and Barnes tried to insert themselves into the investigation after drinking alcohol. They, along with Bufano, Merkley, Fabiani and Spinelli, admitted to investigators to being intoxicated during the fight. Epolito said he was not intoxicated because he arrived at the bar shortly after finishing work.

Bufano, Epolito, Fabiani and Merkley were placed on paid administrative leave for about 20 days during the investigation, resulting in a total of $24,576.59 in wages, according to the records. Overtime worked by other officers to cover the staffing shortage totaled $24,341.85. The combined $48,918.44 was covered by a $50,000 budget transfer approved by Auburn City Council in February.