Brindisi Unveils 3-Point Plan as Recent Drug Raids by UPD and Other Police Departments Show More and More Criminals Creating Homemade Barricades to Slow Down Cops, Destroy Evidence & Attempt Escape

May 9, 2013

(Utica, NY) – Standing outside the Utica Police Department today, Assemblyman Anthony Brindisi unveiled a three-point plan to address a recent uptick in criminal fortification methods being utilized by drug dealers across the state. These methods include utilizing lumber, metal and other supplies to block doors in homes or apartments engaged in drug or criminal activity, in hopes of either slowing down police, destroying evidence or preventing entry.

Brindisi’s plan, in three parts, first amends the Penal law to establish a class C felony when criminal fortification of a drug house or other location engaged in illegal activities is encountered and when this fortification is determined to exist specifically to prevent the lawful entry by police.

"We're seeing it more and more,” Brindisi said, “criminals who are taking out crime-stopping insurance through the use of homemade barricades."

In Utica alone, Police Chief Mark Williams reports there is a clear uptick in the use of barricades and they’re encountered after police have spent long hours investigating a location or a suspect, potentially risking an airtight prosecution. In fact, Williams reports that as many as 1 in 4 investigations result in the encounter of a barricade meant to deter law enforcement.

"When we execute a search warrant at a home or apartment where drug activity is suspected, it is increasingly common to find the property barricaded or fortified," Utica Police Chief Mark Williams said. “The element of surprise is essential in police dynamic entries. Every extra second it takes for our officers entering these drug houses, allows drug dealers the opportunity to escape, destroy evidence, and worst of all, arm themselves for confrontation with police. "This threatens the safety of our officers, and makes it more difficult to execute search warrants. I would say that in recent months, most of the properties in Utica where we have made arrests have some degree of fortification."

Brindisi found that Rome Police are also encountering the growing problem.

“Police work can be very dangerous at times, and there is no question that barricaded structures are a hazard and an impediment to police officers,” Rome Police Chief Kevin Beach said. “I am in support of this legislation, which will criminalize this activity which not only threatens law enforcement officers, but also damages private property.”

Oneida County District Attorney, Scott McNamara, supportive of Brindisi’s proposed legislation also agreed.

“This fortification legislation is a much needed amendment to state law,” said Oneida County District Attorney Scott McNamara. “Fortified drug houses make police work much more dangerous, and can result in significant property damage to apartments. Barricaded dwellings are not only dangerous to enter, but they also give drug dealers time to destroy valuable evidence. The landlords owning these properties also are stuck having to make costly repairs from this activity.”

Brindisi reports, however, the landlords aren’t always surprised.

“Believe it or not, there are landlords who know barricades exist on their property. There are landlords who know questionable activities are going on at their properties, but yet, they turn a blind-eye to make a buck and in doing so, they risk officer safety, prosecutors’ time and overall neighborhood quality of life,” Brindisi said. “For landlords like this, we need to empower hardworking District Attorneys like Scott McNamara.”

The second piece of Brindisi’s plan proposes legislation that would clarify existing law and give the District Attorney the authority to intervene in instances where a landlord may be turning a blind-eye to crime. The proposed legislation would give the D.A. the authority to appear in an eviction proceeding based upon the tenants and/or occupants use of the property for illegal trade or business. If the landlord fails to act, the D.A. can commence eviction proceedings for the betterment of public safety. Brindisi stated that the D.A. is best equipped to handle eviction proceedings when the property is used for an illegal trade or business.

The third piece of Brindisi’s plan begins today and will have an immediate impact on both investigations and building support for the legislation.

Beginning today, The Utica and Rome Police Departments have agreed to document instances of criminal fortification, distinctively. Right now, officers often encounter fortification but don’t specifically record it for evidence. In fact, many investigation photos depict evidence of a crime, and thus, cannot be shown as part of active investigations even though they may showcase fortification. For this reason, Utica and Rome police can only tell their story, today, with expectations of soon having visuals now that this policy is being instituted.

“When trying to pass legislation, seeing is believing,” Brindisi said. “I’m glad I was able to sit down with these two great chiefs and work out a plan that helps showcase their needs in Albany. Using the photos that will sadly start making their way to my desk, I will fight hard for this legislation that gives law enforcement the tools they need to do the job we all appreciate.”

What's New