Cops did not follow procedure in DWI case

The Albany Times Union by PAUL NELSON, Staff writer - Monday, May 5, 2008

SCHENECTADY -- The man, who accused police of using excessive force against him during his arrest last year, has been allowed to plead guilty to misdemeanor second-degree unlicensed operation because prosecutors said officers failed to follow proper procedure before arresting him on felony DWI charges. Donald Randolph, 37, of Pattersonville admitted in City Court Friday that he was driving with a revoked license when police stopped him Dec. 7 outside the drive-through window at the McDonald's on Union Street. He had originally faced felony driving while intoxicated and second degree harassment, a violation, both of which were dropped. Randolph was credited with time served and fined $700.

Schenectady County District Attorney Robert Carney said Patrolman Andrew Karaskiewicz didn't do a field sobriety tests or a roadside Breathalyzer. As a result, his office was unable to pursue the more serious charges against Randolph. "We had an unprosecutable DWI case because he didn't follow the proper procedures that every officer is supposed to follow,'' Carney said, adding that Karaskiewicz had told his office early on in the investigation that this was his first drunken driving arrest. Police say Randolph threatened Karaskiewicz after being taken into custody, and as a result of the encounter, Karaskiewicz and four other city cops remain suspended with pay pending the outcome of an ongoing state Attorney General's probe into allegations they used excessive force against him. The other officers on paid leave are Darryl Mallard, Gregory Hafensteiner, Kevin Derkowski and Eric Reyell.

After making the arrest, authorities say Karaskiewicz stopped his patrol car near the intersection of Union and McClellan streets to transfer Randolph to the department prisoner transport wagon. The four other officers in two patrol cars met up with Karaskiewicz and allegedly used the excessive force against Randolph. Mallard was behind the wheel of the transport van. Randolph was represented by attorney George LaMarche III. He said Sunday that it's hard to believe that Karaskiewicz didn't do a field sobriety tests or a roadside Breathalyzer. "He didn't follow any of the generally accepted procedures prior to his (Randolph's) arrest, '' added LaMarche. Paul Nelson can be reached at 454-5347 or by e-mail at pnelson@timesunion.com.