TROY CITY COURT OF THE STATE OF NEW YORKCOUNTY OF RENSSELAER THE PEOPLE OF THE STATE OF NEW YORK

-against-

BRIAN GROSS,  

Defendant.     

     FELONY COMPLAINT

Bridget Holohan ScallyAssistant Attorney GeneralPublic Integrity Bureau(518) 486-9730

STATE OF NEW YORK)COUNTY OF RENSSELAER) ss.:CITY OF TROY) I, Dennis Churns, an Investigator with the New York State Office of the Attorney

(“OAG”), being duly sworn, state that the defendant, Brian Gross, committed the following

crimes:

Tampering with Physical Evidence, in violation of § 215.40(2) of the Penal Law of the

State of New York (a Class E felony), in that the defendant, on or about February 10, 2014, in

the County of Rensselaer, State of New York, believing that certain physical evidence was about

to be produced or used in an official proceeding or a prospective official proceeding, and

intending to prevent such production or use, he suppressed it by any act of concealment,

alteration or destruction, or by employing force, intimidation or deception against any person.

Official Misconduct, in violation of § 195.00(1) of the Penal Law of the State of New

York (a class A misdemeanor), in that the defendant, a public servant, in or around January 2014,

in the County of Rensselaer, State of New York, with intent to obtain a benefit or deprive

another person of a benefit, committed an act relating to his office but constituting an

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unauthorized exercise of his official functions, knowing that such act was unauthorized.

Official Misconduct, in violation of § 195.00(1) of the Penal Law of the State of New

York (a class A misdemeanor), in that the defendant, a public servant, on or about February 10,

2014, in the County of Rensselaer, State of New York, with intent to obtain a benefit or deprive

another person of a benefit, committed an act relating to his office but constituting an

unauthorized exercise of his official functions, knowing that such act was unauthorized.

Obstructing Governmental Administration in the Second Degree, in violation of §

195.05 of the Penal Law of the State of New York (a class A misdemeanor), in that the

defendant, on or about February 10, 2014, in the County of Rensselaer, State of New York,

intentionally obstructed, impaired or perverted the administration of law or other governmental

function or prevented or attempted to prevent a public servant from performing an official

function, by means of intimidation, physical force or interference, or by means of any

independently unlawful act, or by means of interfering, whether or not physical force is involved,

with radio, telephone, television or other telecommunications systems owned or operated by the

state, or a county, city, town, village, fire district or emergency medical service or by means of

releasing a dangerous animal under circumstances evincing the actor's intent that the animal

obstruct governmental administration.

FACTUAL BASIS

1. This felony complaint is based upon information and belief, with the grounds for my

information and the source for my belief being the investigation conducted by the OAG, the New

York State Police (“NYSP”), phone records, the review of an Apple iPhone 5c bearing the IMEI

number 310410638472175 and currently assigned a telephone number known to the OAG, and

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statements made by witnesses. These crimes were committed under the following

circumstances:

SUMMARY

2. This investigation determined that the defendant revealed to a person known to the

OAG ("person #1") that the Community Narcotics Enforcement Team (hereinafter “CNET”) was

investigating another person known to the OAG ("person #2") and planned to execute a search

warrant at the home of person #2.

THE OFFENSES

3. I am informed by the NYSP that CNET had been investigating a criminal drug

enterprise in Rensselaer County. The defendant, a City of Troy Police Officer, was actively

assisting with the CNET investigation and had knowledge and access to investigative

intelligence, suspect information, and information concerning when and where search warrants

would be executed.

4. I am further informed by the NYSP that, as part of the drug investigation, search

warrants were executed simultaneously on five residences on February 12, 2014. These warrants

were based on evidence obtained as a result of confidential information obtained during the

investigation. Despite extensive evidence of drug activities, the search of the five residences

failed to produce any evidence of the drug enterprise.

5. The NYSP informed me that one of the residences searched was that of person #2.

Senior Investigator Daniel Kiley, of CNET, was in charge of the search warrant executed on the

residence of person #2. Senior Investigator Kiley followed proper search warrant protocols,

including assigning an officer to watch person #2. The officer’s responsibilities included

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ensuring that person #2 did not leave the premises and did not make any telephone calls. I have

been informed that during the execution of the search warrant, at no time did person #2 leave the

premises nor did person #2 make a telephone call.

6. I am informed by the NYSP that during the execution of the search warrant upon

the residence of person #2, Senior Investigator Kiley interviewed person #2 and informed person

#2 that search warrants were being conducted simultaneously at different locations. Despite not

having access to a telephone, person #2 responded to Senior Investigator Kiley’s statement

saying “Yeah, I heard.”

7. I have been informed by the NYSP that Investigator Robert Missenis interviewed

person #2, who revealed that just days prior to the execution of the search warrant, person #1

told person #2 that CNET was currently investigating person #2 for drug trafficking and would

be executing a search warrant on person #2's residence in the next few days. Person #2 told

Investigator Missenis that person #1 told person #2 that person #1 received this information from

the defendant, that the defendant contacted person #1 by text message and told person #1 that

person #1 and the defendant needed to meet up because it was important, and that it was at this

meeting that the defendant advised person #1 of the pending search warrant execution.

8. I interviewed person #1, who told me that in or around the middle of January

2014, defendant informed person #1 that person #2 has to “’watch [person #2's] back’ because

[person #2] was doing something that had come to the attention of the State Police.”

9. Person #1 told me that sometime in the week prior to the execution of the search

warrant on the home of person #2, defendant contacted person #1 and said something to the

effect of: there better not be any drugs inside the home of person #2 because “there was a good

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chance the police would be getting a warrant.” Person #1 told me that following this

conversation with defendant, person #1 told person #2 that “if he was doing anything he needed

to ‘cut the shit’ and get any drugs out of his house.”

10. Telephone records reveal the cellular phone device associated with person #1,

with a telephone number known to the OAG, has been the same device associated with person #1

since at least February 1, 2014. I reviewed this phone, as well as call detail records, and on

February 10, 2014, and February 11, 2014, there were telephone calls to person #1 from

telephone number (518) xxx-x847.

11. Person #1 informs me that (518) xxx-x847 is a phone number for a cellular device

associated with the defendant. Person #1 has stated that defendant’s number was listed in person

#1's phone contacts under the name “BG.” On July 28, 2014, a search of person #1's phone was

conducted. A search of the contact files revealed that the telephone number for contact “BG” is

(518) xxx-x847.

False statements made herein are punishable as a class A Misdemeanor pursuant to Penal Law §210.45.

______________________________

Investigator Dennis Churns Office of the Attorney General

Dated: July____, 2014 Albany, New York

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