“One does see so much evil in a village.” Miss Marple (
Dereliction of duty is the purposeful or accidental failure to perform an obligation without a valid excuse, especially an obligation attached to one’s job. Websters
In September, I was attacked on the sidewalk next to our home by 21-year-old Jordan Bormann, son of our neighbor, Kimberly (Bormann) Vargas. The strapping young Bormann slammed me backward onto the pavement, causing a brain injury that is slowly healing. A bit harder, he could’ve killed me or left me drooling on myself in a permanent advanced vegetative state. I’ve been exposing Kim Vargas’ drug trafficking and menacing since she moved next door several years ago.
Herkimer PD officer Jason Crippen responded to the “man down” report. In June, I filed a substantial, well-documented misconduct complaint against Crippen with his department, alleging malfeasance over a period of six years. Whatever action his department may have taken based on my complaint, Crippen was the investigating officer that day of my assault, still driving about our pastoral village, armed to the teeth.
Crippen’s report of the incident (below) , found I’d assaulted Kim Vargas, shoving her, and that her son Jordan had rightly leaped to her defense, shoving me back. Crippen stated the incident was 2nd Degree Harassment, of which I was the perpetrator. Had I not been scraped off the pavement and transported, Crippen might have charged me.
Here’s Crippen’s full report, which was reviewed and forwarded by Herkimer PD Chief Michael Jory:
Crippen based his finding of my presumed guilt upon interviews with my attacker, his mother, and two of their neighboring friends, the Snyders:
Officer Crippen’s Witnesses
Crippen didn’t interview the only other person who’d supposedly been on the scene the entire time–my wife Linda Kaidan. He stated that:
Linda Kaiden (sic) was yelling, swearing, and getting in the way of medical. Kaiden was advised by officers to stay away from medical, to calm down, and allow medical to do their job. Kaiden calmed a little, but continued to yell, and make comments to officers, medical, and people at the Vargas house.
Not true. Here’s the video clip:
Kaidan only raised her voice when Kim Vargas lied to the first responding officer, who was not Crippen.
Vargas can be heard asserting that I hit her. Kaidan was there during the assault and responded indignantly to the drug thug’s lie. Despite Kaidan having witnessed the attack and having access to the two cameras that recorded it, none of the officers interviewed her or asked for footage from our obvious, 22 CCTV cameras–cameras whose footage Herkimer PD have requested in the past; cameras whose existence Crippen commented on before, in a separate video.
“You have to wonder how long this sort of murderous collusion has prevailed here in Herkimer.
Despite Crippen’s acrimonious history with me, his superiors apparently didn’t question his report and failed, in the days, to send an officer to interview Kaidan or request footage of the assault. (We get along well with most of the Herkimer PD officers.)
The Herkimer Village Police Department wallows in resources. It has a budget of $1.5 million a year, for a village of 7,000. As of 2021, it had 25 offices, including a chief, a captain, an investigator, and a squad of sergeants. Yet despite Crippen’s well-known animosity toward me, and his superiors’ knowledge of our video cameras covering the assault, they kept Crippen as the investigating officer and blessed his reports through their silence. Seems no one wanted to see a video of the attack.
Only when I returned from Albany Medical Center, and recovered enough to review the videos of the attack, and file a complaint, did the Herkimer police charge Jordan Bormann. Had Bormann killed me or left me in a coma, Crippen’s report would have prevailed–I’d officially have died in an incident I provoked with my good neighbors, senile dodder that I am. You have to wonder how long this sort of murderous collusion has prevailed here in Herkimer.
Lies aside, here’s what really happened:
Jordan Bormann’s charged with a Class D Violent Felony, with enhanced sentencing required due to his attacking an elder. He’s looking at 2+ years in prison and yet I’m looking at him next door on that porch, eating takeout, smoking dope and leisurely awaiting his Spring trial. (New York bail reform.)
“Case Closed,” Or Be Your Own Cop
Crippens report concludes:
Due to patrol’s knowledge of the several cameras Berry has … there were no arrests made on-scene. Case closed unless Berry brings forth evidence and/or wants to pursuit charges. JCC/240
Reporting Police Misconduct to New York’s Attorney General
If complaints to the officer’s department don’t have any good effect, your next stop is the Attorney General’s Law Enforcement Misconduct Investigative Office. Reading between the lines on their website, complaints documenting a police agency’s systemic failure to protect rise to the top of the inbox.
Qualified Immunity On Its Way Out
The doctrine of Qualified Immunity, which has long protected police nationwide from private lawsuits, is on its way out: NYC has abolished it; abolition is pending the New York Legislature. With qualified immunity gone, it becomes much easier to hold rogue police officers accountable in lower courts. And to attract an attorney on a contingency fee basis.