Judge Miller Passes the Buck on Benny Warr

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Submitted by T. Forsyth on Mon, 2013-07-29 14:54

On July 26, 2013, Benny Warr was in court before Judge Stephen T. Miller. Specifically, the judge was ruling on motions to dismiss the charges filed by Mr. Warr's attorney, Charles F. Burkwit. The two motions presented were dismissing the charges in the furtherance of justice and dismissing the charges because the informations were defective. The judge seemed to build up his ruling by reading what it meant to dismiss the charges legally. There was bated breath in the courtroom as people thought that he just might dismiss the charges in the interests of justice. However, the judge denied both motions stating that “there were competing factors that must be heard in a trial.”

Audible gasps and “boos” were heard in the courtroom.

“There were circumstances that we felt warranted the court in its discretion to dismiss the charges. And that was denied,” said Mr. Burkwit after court when asked for clarification on the motions. “Then I asked the judge about our motion to dismiss the charges because we alleged that the informations were defective—that they didn't have sufficient factual allegations to support the charges. The judge denied that motion as well.”

Instead of doing the right thing and ending the prosecution of a man brutalized by three police officers—Joseph M. Ferrigno II, Anthony R. Liberatore, and Sgt. Mitchell R. Stewart II—Judge Miller passed the buck onto a jury who will hear evidence in the case at a trial that is scheduled to start on August 20, 2013, at 9:30AM.

Benny Warr was waiting for the bus in his motorized wheelchair at the intersection of Bartlett St. and Jefferson Ave. on May 1^st, 2013, when Rochester Police Department officers arrived to “clear the block,” according to RPD Chief James Sheppard. Officers told Mr. Warr to “Move the fuck on,” and when Mr. Warr explained that he was just waiting for the bus, officer Joseph “Joey” M. Ferrigno II sprayed OC directly into Mr. Warr's eyes and face, blinding him. Officer Anthony “Rock” R. Liberatore then took it upon himself to violently tip Mr. Warr's wheelchair on its side throwing the disabled, African American man onto the sidewalk. Both officers proceeded to kick, punch, and knee Mr. Warr, with officer Liberatore landing a downward elbow strike directly to his head. Sargent Mitchell “Big Face” R. Stewart II arrived as the other two officers were brutalizing Mr. Warr and “assisted” by kicking, kneeing, and finally handcuffing Mr. Warr. He was taken to Strong Memorial Hospital for his injuries. He was charged with disorderly conduct and resisting arrest. The police attack was videotaped by bystanders and posted to the internet. (Camera 1, Camera 2, Camera 3)

“You know, I was really upset that they didn't dismiss the charges and he has to go to trial. We come to court for justice and we get injustice and that's crazy,” said Shirley Stukes, a congregant of Inner Faith Gospel Tabernacle and a personal friend of the Warrs.

“I was very upset that the charges against Benny were not dropped. But this just gives me more momentum to push and get out there and get more support for Benny,” said Alleana Ross, Mr. Warr's sister-in-law and a member of Enough is Enough. “Enough is enough—it's time to stop this police brutality because as you can see, the whole system sucks.”

Earlier in the morning before court, approximately 20 supporters gathered in front of the Hall of Justice with signs, banners, and chants demanding that the district attorney drop the charges against Mr. Warr and bring officers Ferrigno, Liberatore, and Sgt. Stewart, up on criminal charges for the violent assault they perpetrated against the disabled, African American man.

“I'm upset but I'm not surprised,” said Alean Williams, Mr. Warr's sister. “What they're trying to do is hold out and prolong it. They're so used to people taking pleas, admitting to guilt even when they're not guilty, because of intimidation. I'm upset, but not shocked at all. I thank everyone for the support and we have to continue to stand behind him and others.”

Earlier in the week, some 860 petition signatures (Sign it!) were dropped off at the DA's office and the mayor's office after attempts to meet with both parties went unanswered.

“I think it was very disappointing,” said Ryan Acuff of Take Back the Land. “The chilling effect that these types of arrests have on the rest of the community where people are living their lives, just being in public spaces, in this case just going to see a family member, going on a bus. It certainly would have been in the interests of justice to dismiss these charges. It's outrageous.”

Tearing up and smiling, Mr. Warr said, “I just want to say that I love the people; I love everybody's support. I thank them because they've been giving 100% support and it's just a blessing and a wonderful thing. I love each and every last one of them. What the jury do and what the judge do is what they do. I'm going forward and I'm an innocent man.”

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