Officer Needs Assistance

Discussion in 'Legal and Activism' started by Vvincelli, Jul 31, 2010.

  1. Vvincelli

    Vvincelli New Member

    Officer Needs Assistance

    My name is Vito J. Vincelli.

    I am a disabled Police Officer, and this is my story.

    Part One - The Fire

    I grew up in Rochester, NY and entered the US Army Military Police in March of 1989. After spending nearly nine years as a Combat MP, I left the Army for civilian law enforcement. In 1998 I was hired as a Police Officer with the Greece Police Department in Rochester, NY. Shortly after the terrorist attacks of 9/11, I was selected to become a Federal Agent with the US Department of Homeland Security. I spent two years with DHS stationed in Washington, DC, and then decided to return to local law enforcement as a Police Officer with the Binghamton Police Department, Binghamton, NY.

    On April 25th, 2008, I was working Road Patrol on the nightshift in the northern sector of the City of Binghamton. At 3:30 AM I responded to an arson house fire at 23 Eldredge Street in my sector.

    A 28 year-old Monster named Michael Shino had an ongoing feud with one of the families living in this old city house which had been converted into a multi-family apartment building. Shino decided that the best way to get even was to set the building on fire while the residents slept, and so he torched the building, paying special attention to set both the front and rear entrances on fire so that no one could escape. Even the knowledge that women, children, and uninvolved families would be trapped did not deter Shino.

    The fire was discovered by Officer Connor Heslin who was working the sector adjacent to mine. As I was right around the corner when Connor called the fire in, I was the second unit on-scene. Both of us would arrive to find the building fully engulfed, with both entrances completely blocked by flames.

    I began breaking windows with my baton in order to rescue a Father and Son who were living in a first floor apartment. After, I had to order Zoe Honnick, a pregnant mother, to drop her infant to us from the second story; an action which had to be against every maternal instinct in her body. There was simply no alternative. Connor and I caught the baby and Connor ran him away to safety while SGT Marty Burnett and I talked Zoe Honnick through a hang-jump, and then caught her with the assistance of Officer Jamie Korba.

    After, I went to the front of the house where I and other Officers began shouting for any remaining occupants to exit the building. It was then that I would hear Officer Dave Baer, standing to my right, shout “There’s a kid in that window!”. I looked up to see 14 year-old Shalik Banks trapped inside the inferno. All of us immediately began screaming for Shalik to break through the window as we ran toward and up the front porch, the roof of which was completely engulfed in flame. Shalik was able to break through the interior window, but was unable to break out a homemade plexiglas storm-window which had been bolted to the outside.

    I ripped off the storm-window and got Shalik out of the building, and then I found that his 9 year-old brother Rodney Smith was behind him.
    The next events will be burned into my memory for the rest of my life.

    After getting Shalik out and finding Rodney behind him I immediately expected Rodney to follow his brother out. I was less than two feet away from Rodney when the unthinkable happened; Rodney, instead of moving forward and out, backed away into the black smoke pouring from the window and was immediately gone. I stood there in utter disbelief, screaming for Rodney to come back, but he would not. Then, SGT Burnett ordered all of us off of the porch as it appeared to be collapsing.

    We stood in front of the building screaming for Rodney to get out. I remember clearly the shock to my mind, one split-second thinking “Everything is gonna work out! We’ve got them!” and the next, the absolute horror of watching Rodney back away into the inferno and disappearing. Dave Baer would later tell me that when I ripped the storm-window off, all the heat from the fire over our heads rushed into the house and hit Rodney directly in the face. Dave stated at that point he actually saw the plastic blinds in the window begin to melt.

    Rodney would be trapped inside for another ten minutes before the first Fire Truck arrived, at which point all of us were screaming at the Firefighters that there was a kid in the first floor room. Three brave Firefighters would don airpacks and risk their lives to go into that window and pull Rodney out.
    I was the only Officer left at the front of the house, standing in front of Rodney’s Father when the Firefighters pulled Rodney’s lifeless body out. I remember seeing the Father’s eyes widen and then turning and watching as Rodney was dragged across the window sill. I remember the way his limbs splayed as he fell to the porch floor. No Hollywood actor could ever emulate that grotesque scene. I also remember having to hold the Father, a large man, back as he tried to push past me to get to his son, telling him over and over the only thing I could think to say “Let the Firefighters take care of him! It’s the only chance he has!” while I’m calling on the radio for additional Officers to come to the front and help with the Father.

    Rodney was rushed to the Emergency Room of Wilson Hospital with no apparent signs of life. Later, I would meet his Family Members there as I was being treated for smoke inhalation. I recall talking to a Doctor and Nurses who would inform me that Rodney had little chance of survival due to the length of time he was trapped inside, and that even if he managed to survive he would likely have severe brain damage. Rodney was transferred to the burn unit of a Syracuse Hospital with severe burns and smoke inhalation.

    The first miracle of that night was Connor finding the fire shortly after it was set, allowing us to rescue the occupants. A few minutes more and it is likely that everyone would have perished.

    The second miracle of that night is that Rodney survived and, to my knowledge, recovered.

    Part Two - The Aftermath

    They would begin that very morning when I tried to sleep - nightmares so terrible that they would wake me, soaked in sweat, after just an hour or two of sleep. Trapped inside that house, trying to drag Rodney out. Sometimes it would be my own Family Members trapped in Rodney’s place. Sometimes Rodney and I would be running through a never-ending, twisting basement chased by a monster of pure flame. No matter how the nightmares twisted, they all had the same affect - I no longer sleep very well or very often.

    I would become hyper-sensitized to women and children who had been injured or were in danger. It wasn’t long before it began taking a serious toll on me at work. I was forced to seek counseling, something I’d never before had to do in all my years of Law Enforcement. And then, the worst would happen - I would be abandoned by my own Police Department and the very City I worked to protect.

    Shortly after being forced to seek counseling, I was diagnosed with Post Traumatic Stress Disorder. My symptoms and sleep deprivation became so severe that the Doctor I was sent to by the City of Binghamton ordered me out of work completely. This was the beginning of the end.

    Once my personal sick-time was used up, the City informed me that it was controverting my “stress claim” and that I would no longer be paid. True to their word, they cutoff my salary. Shortly thereafter, as I could no longer make my healthcare contributions, they cutoff my healthcare. When my City Water Bill became delinquent, the City of Binghamton cutoff the water supply to my house, and then used that as an excuse to condemn my house and order me to vacate.

    I was presented with the Lifesaving Award for actions “Above and Beyond the Call of Duty”, and then I was thrown away like some kind of disposable human being. I would spend a year living on foodstamps, staying with whomever could provide me with a place to sleep. Were it not for the assistance of a very generous friend in the Tech Industry, I would have been homeless.

    More than two years have passed and I am still stuck in limbo. The City of Binghamton has fought me every step of the way as they care more about money than the wellbeing of their employees. I’ve been harassed by Police Administrators and Supervisors, and even my friends and co-workers have been ordered to have no contact with me.

    At this point, it’s obvious that I can no longer perform the full duties of a Police Officer, and I’ve applied for Disability Retirement.
    This has led to the next battle – battling a system called the NYS Retirement System. A system that has unfairly refused to make a determination on my case, and has thus kept me in limbo, completely unable to move on.

    Part Three - The State of New York

    After having been diagnosed by three separate medical professionals as permanently disabled by PTSD causally related to the arson fire of April 25th, 2008, two of which were examinations by Independent practitioners, the NYS Retirement System demanded that I submit to be examined by their own Independent Psychiatrist. That Psychiatrist rendered an independent diagnosis concurring that I was permanently disabled by PTSD causally related to the arson fire of April 25th, 2008.

    Instead of granting me disability retirement, the NYS Retirement System has chosen to ignore the findings of all Doctors, including its own, and has demanded that I submit to yet another independent examination. NYS Retirement feels it has the legal authority to keep me in limbo, hoping to find a Doctor who will render a decision that I am somehow not disabled so that they can deny my claim – a practice commonly referred to as “Doctor Shopping”.

    Part Four – Request for Assistance

    I beg anyone who reads this story to pass it on to others. A Facebook page regarding my situation has been set up at: Welcome to Facebook

    If you believe in your heart that this situation is unfair I urge you to make your thoughts known to the persons who have the ability to correct it:

    David A. Paterson
    Governor - State of New York

    Andrew M. Cuomo
    Attorney General - State of New York

    Thomas P. DiNapoli
    Comptroller - State of New York

    NYS Disability Retirement System

    Your Individual Representative(s)

    Matthew T. Ryan
    Mayor - Binghamton, NY
  2. danf_fl

    danf_fl Retired Supporter

    Sir, IF this is true, my heart goes out to you.
    But the display of everything (without going to the "Introductions" section as a first time poster), and asking someone to donate, kind of reminds of the rich uncle I have who died and the attorneys are trying to find me. (in otherwords, A SCAM).


    IGETEVEN New Member


    As stated, if this is indeed factual, I respect your courage and drive. I wish you well and victorious in your fight for your well earned disability retirement benefits.

  4. Vvincelli

    Vvincelli New Member

    Sorry, somehow this request was misinterpreted.

    I assure you, my story is absolutely true.

    Further, I am not asking for, nor am I accepting any type of financial donations.

    The only assistance I am asking is that concerned persons join the Facebook page and contact the powers-that-be which I listed at the end.

    The attorneys have been battling my case for over two years, and it's beginning to look as if the only chance I have for a reasonably timely resolution is through media coverage and public outcry.

    Once again, this is in no way a request for money, nor would I accept money.

    - Vito
  5. Glasshartt

    Glasshartt New Member


    As an officer who is in her own fight with a former department, I feel for you. I was terminated while on light duty 1/1/2005. There is a possible court date of next March. Luckliy I was able to get hired by another Department, although at less than half the pay, but I know that that is not an option for you. It sounds like you need to look at a different lawyer, or tell your current lawyer to grow a set.

    Last edited: Jul 31, 2010
  6. Vvincelli

    Vvincelli New Member

    Unfortunately in NY, the City and State have a lot of legal ability to keep an injured Officer in limbo for long periods of time no matter how solid the case.

    Everyone involved in my case including the Doctors and Lawyers can't see any way I can lose as it is so straight-forward, but only public pressure can force them to do the right thing in a timely manner.

    In addition, the lengths to which they've gone to harass me are unreal. Cutting off my healthcare and condemning my house were just plain evil acts. I've lost the house, as I was forced to file Chapter 7 bankruptcy due to this.

    At this point, the only real goal I can have is to recreate my life, but I can't even begin that until there is some resolution.

    There have been times when I've felt as though I did something wrong. It would be a lot easier to take had I messed up on the job; but to have my entire life destroyed just for doing my job is brutal.

    Good luck to you in your own battle.

    - Vito
  7. M14sRock

    M14sRock Active Member

    Ofcr Vincelli, if your version of the story is true the treatment you are receiving is shameful. I will make the calls on Monday.
  8. Vvincelli

    Vvincelli New Member

    Thank you for your support.

    I wish none of this was necessary.

    The truth is that the PTSD alone has crippled my life and all I really want to do is go away somewhere where no one knows me and live out the rest of my life quietly and anonymously.

    Unfortunately, I've run out of options.

    - Vito
  9. bkt

    bkt New Member

    My first thought is you need to bring this to the media in an appropriate way. I live in Rochester. Bob Lonsberry (email is a local talk show host with the largest audience during the day in Rochester. Email him, try to arrange a time to meet with him and present him with the findings of the psychs and the rejections from the state. Explain your story. If everything is as you explain here, this seems to me like the sort of thing he would champion.

    New York has a huge fiscal problem, but they hate negative press.

    Good luck.
  10. jbd

    jbd New Member

    If all is true. I hope you get what you are after. Good luck sir.
  11. hardrock

    hardrock New Member

    Evidently,they think you're not as sick as you say. Why don't you go to the VA (9yrs. us army) for help? Lots of programs there.

    There are 2 sides to every story and you told us your side. I do know that in NYC They have many people (9-11) that have "retired" early. They can obviously not afford it and have tightned requirments for early retirement.

    If it is as you say,by law,they can't deprive you of what is lawfully yours. I wish you the best.
  12. Vvincelli

    Vvincelli New Member

    It's ironic that you mention this. Bob Lonsberry was one of the first people I emailed. Haven't yet received a reply, but still hopeful.

    The good thing is that as soon as I had an inkling that they were going to screw me I began keeping copies of everything. The file is now over three inches thick and I welcome anyone to review it as it proves my case without doubt.

    - Vito
  13. Vvincelli

    Vvincelli New Member

    Actually, they (City of Binghamton & NYS) simply don't want to provide any benefits. The City itself seized all of my personal firearms without cause or warrant due to my PTSD, so it's ridiculous that they could even say they don't believe the PTSD. I'm still fighting to get my personal property back (and no, I've made no type of threats against myself or others).

    As for their side, they won't even provide a basis for their denial which the attorneys say is just ludicrous. It all comes down to money.

    Don't get me wrong, I'm not at all saying that the City and State doesn't have the right to protect themselves against malingerers. There indeed have been people seeking benefits that were not entitled to them.

    It's the fact that I've complied with every step of the process and submitted to exams by their own doctors, all of which have concurred that I am permanently disabled due to line-of-duty PTSD, and the City and State are still keeping me in limbo in the hope that I will just give up and go away.

    Further, stripping me of my healthcare, forcing me to live on foodstamps, and then cutting off my water and condemning my house were just well beyond the realm of fairness.

    Thank you all for your support.

    - Vito

    PS - Forgot to address the VA thing. I am applying for VA benefits but they are unlikely as they have very strict criteria (have to have been in a combat zone within past five years, awarded purple heart, etc.). I am receiving treatment as I've already won my Worker's Comp suit against the City, but Worker's Comp in NY has changed and it is now a time-limited benefit which does expire. It currently provides me with short-term ability to live, which is why I'm no longer on foodstamps, but my future is still in grave jeopardy until I win my full-term benefits. Hope this helps explain...
    Last edited: Aug 3, 2010