After four years of litigation, an interlocutory appeal to the United States Court of Appeals for the Second Circuit, and a nearly three-week jury trial in the United States District Court for the Western District of New York, a federal jury found two police officers with the Buffalo Police Department "Not Guilty" on all counts of an indictment accusing them of using excessive force toward four teenagers in their custody in May of 2009.
The jury reached its unanimous verdict on August 24, 2018. Detective Raymond M. Krug, who was represented by Connors LLP, was accused of shooting then-teenager Donald J. Silmon with a BB gun as he was handcuffed in the backseat of a police vehicle. Officer Joseph D. Wendel, who was represented by co-counsel Rodney O. Personius, Esq., and Personius Melber LLP, was accused of punching Mr.Silmon in the stomach while he was handcuffed. After being fully exonerated, both Detective Krug and Officer Wendel have returned to service with the Buffalo Police Department.