“One does see so much evil in a village.” Miss Marple (Agatha Christie)
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
Witnesses Theresa and Adam Snyder of 332 Pleasant Ave., Herkimer.9.30.22 Witness Kimberly (Bormann) Vargas, other of Jordan Bormann.9.30.22 Jordan Bormann (right; circled) with friends as they harassed us from their porch, just before Bormann attacked me.
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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.) 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.
“Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of state law.” United States v. Classic, 313 U.S. 299, 326
Herkimer police officer Jason Crippen, again! Suddenly he’s in our driveway and faces, hectoring and lying and rude. Summoned, per Herkimer normal, by yet another thug playing the victim. This time it’s our latest neighboring drug trafficker, Kim Vargas. We’ve written a lot about her harassment and trafficking.She’s a peach.
“I can’t decide if he’s complicit or just an idiot.”
We’ve been subjected to Crippen’s abuse of power multiple times over the last six years. In all instances, Crippen has malfeasantly supported our criminal neighbors, using his office to intimidate us and deny us the protection of law. It’s obvious when you speak with him that Crippen’s not the sharpest tool in the shed. As I said to a state police investigator when he raised the subject of Crippen’s conduct, “I can’t decide if he’s complicit or just an idiot.” There’s enough material in this post for you to decide for yourself. Certainly, the performance Crippen puts on here would discourage anyone but a criminal from calling the Herkimer police.
Here’s his pattern: Crippen responds to a 911 complaint from one of our trafficking gang neighbors. He advises us that their accusations are valid, that we’re in violation of criminal law, and threatens us with arrest. He either ignores anything the complaining thugs have done to us or says their actions aren’t subject to criminal law.
On one occasion, Crippen refused to accept a complaint from us while he was manning the desk at the Herkimer police station. The complaint was carefully written and supported by video evidence. (See below, “Another Crippen Encounter”.)
This most recent incident on 6/16/22 is classic Crippen. The video should be used in police training classes as an example of intimidation under the color of law.
Herkimer drug thug Kim Vargas holding court on her 328 Pleasant Avenue porch. Small children come and go. Vargas says she’s a licensed daycare provider. She’s not.
Our Latest Thuggish Neighbors, the Kim Vargases
Kim Vargas has lived next door at 328 Pleasant Avenue for two years–the Doolen gang’s most recent placeholder. Afternoons she holds court on her front porch, along with her supposed brother-in-law, a heavy-set, low-browed antisemite. The two chain-smoke the day away. A bong is sometimes shared. In the afternoon small children come and go–Vargas’s latest lie is that she’s a licensed daycare provider. She’s not.
The porch people’s chain-smoking quickly fills their porch ashtray. In the morning, we often find cigarette butts heaped in our driveway, next to Vargas’s patch of paradise.
The Right Response To Outrageous Behavior Is Outrage
On June 16th, wife Linda had had enough of the butts and spoke to Vargas firmly, in words typically used by Vargas, to drive home her point. Vargas, horrified by the foul language coming from our driveway, called 911, falsely stating that she was a licensed daycare provider and that children were in danger. Vargas is not a licensed daycare provider. You can cuss in your driveway all you want.
“Crippen…stepped into his familiar role of intimidation through misrepresentation of the law
Children in danger, Officer Jason Crippen immediately responded, followed shortly by two other Herkimer PD officers, seemingly as adult supervision. (The sight of Crippen armed with pistol and taser is as worrying as the sight of Vargas caring for children.)
6.16.22 Herkimer Police was officer Jason Crippen confronted by Stephen Ames Berry and Linda Kaidan in their 330 Pleasant Avenue driveway. Kaidan repeatedly challenged Crippen to follow through on his threat to arrest her for child endangerment: she’d used the word fuck in her driveway within hearing of children, speaking to neighboring drug thug Kim Vargas (on porch) in words Vargas typically uses in front of children.
Crippen quickly stepped into his familiar role of intimidation through misrepresentation. Below are listed highlights drawn from our video. (A detailed timeline is in the video’s description on our Herkimerpost.com YouTube channel.)
Here’s my bodycam video preceded by a brief street cam clip.
Video
Caught In The Act: Highlights of Crippen’s Attempted Intimidation
Twice threatened to arrest Kaidan for child endangerment for saying “fuck” in her own driveway 6:35 7:26
Crippen states to Berry that “your reports of child trafficking were reported to the Herkimer and State Police and found false.” (They weren’t reported to either agency-the FBI has sole jurisdiction over child trafficking matters.) 10:37
Also discussed was our perception of Officer Jason Crippen’s conduct in possible support of alleged child trafficker Little Mama.
State Police Investigation and Officer Jason Crippen
Our Herkimer Child Trafficking went viral, helping bring over a quarter-million combined views to our posts and videos. Apparently, many folks read our cornerstone child trafficking post after Facebook News picked it up. (It’s taken on a life of its own. Surprisingly, it’s big in China.) Many readers expressed their concern about Herkimer child trafficking to New York state authorities in Albany.
2016, Linda Kaidan makes the Nanny Nanny Boo Boo at neighboring drug thug Curtis Cool, aka Curtis Doolen, ignorant that it was exculpatory for harassment in Herkimer New York, per Herkimer Police Officer Jason Crippen.
Has Crippen Intimidated Others Under the Color of Law?
Surely we’re not the only ones Officer Crippen’s intimated under the color of law? According to Chief Michael Jory’s report to the Village Trustees and Mayor, Herkimer Village Police respond to about 500 phone calls a month. How many of these calls have been complaints Crippen has suppressed?
Not everyone’s a pigheaded blogger and filmmaker with a well-established social media presence. Confronted by a belligerent, bullying Crippen, most folks are going to fade. No wonder the local gangers strut about with such an air of entitlement.
Below is my complaint about Crippen to Chief Jory. There’s at least one other current complaint about Crippen in the police database, according to the Herkimer Times Telegram, but you won’t be able to read it: After the Village refused to make its police complaints’ records available, as required by New York law, it was sued by the Gannet Organization, owner of The Herkimer Times Telegram and the Utica Observer. Rather than releasing the records, The Village of Herkimer hired a law firm to keep this public resource from the public.
Herkimer Village won the first round in its attempt to avoid fully complying with New York’s Freedom of Information Law as it pertains to police discipline reports. The matter is on appeal.
We wondered the other day, as we tottered over Herkimer’s heaving stretches of ancient broken sidewalks, how our impoverished Rust Belt village justified spending an unpublicized amount of money to flout state law. But then, to quote The Herkimer Post, “‘It’s Herkimer,’ folks say with a shrug.”
Herkimer Only Releasing Recent Substantiated P0lice Conduct Complaints: Jason Crippen’s Released
Interviewed by the Herkimer Telegram’s Donna Thompson for her excellent coverage of Herkimer Village’s FOIL non-compliance, Herkimer Police Chief Michael Jory expressed his support for the law. One reason for that may be that, as it stands now, bad apples can be passed from Herkimer County police agency to police agency, inflicting their bad behaviors on unsuspecting communities, with the county’s police chiefs unaware until the complaints start coming in.
Herkimer Village won’t release any unsubstantiated complaints made about officers, and then will only release substantiated ones filed since the FOIL was amended. This means the copies of complaints of the two officers it did release were substantiated complaints. One of those officers was Patrolman Jason Crippen. Perhaps someday we’ll get to read it, or them.
It took the Village a year to provide those records to Gannet-Herkimer Telegram. Which can publish them as it sees fit. But only here on the doughty Herkimer Post can you read the most recent complaint against Herkimer’s Officer Jason Crippen. Or you can request a copy from the Village, and if it’s substantiated, wait a year or so to receive it. (All our PDFs are downloadable.)
As I noted to Chief Jory in my complaint, in a heated part of my exchange with Officer Crippen I refer to “other complicit cops.” To the best of my knowledge, those who abused their authority to intimidate us are gone. Since Chief Jory took command, all of his officers but Crippen have been very supportive of us and often gone out of their way to offer encouragement and advice during some very stressful incidents, treating us as concerned citizen partners.
Digging Deeper: Jason Crippen And Revamp Fitness
Jason Crippen’s Revamp Fitness, 131 East Albany St., Herkimer, NY
Officer Jason Crippen came to widespread attention in Upstate New York during the pandemic threatening to reopen his Herkimer Revamp Fitness facility in violation of state law. “Those are only civil penalties that result in fines, not laws being broken.,” He was quoted as saying about possible fines “This is America … We’re not a communist country.”
“Members enjoy being part of a private and respectful community,” says the gym’s website. Respect is what I think of when I think of Herkimer’s Officer Jason Crippen.
Looking spotlessly new and unused, gleaming equipment abounds in Jason Crippen’s Revamp Fitness, Herkimer.
In Herkimer, group vandalism helps build team spirit and fill pockets.
Herkimer, Where Criminal Trespass is a Team Sport
Just when you thought it was safe to go out in your driveway again, the team sport of Herkimer malicious trespassing takes the field again.
If you read my previous post about The Ball, you’ll know that earlier this summer my neighbors called the police on me when I refused to return a ball deliberately kicked at me with great precision from across the street. It was kicked by a beefy teen, striking me on the back of my legs.
The responding Herkimer Village Police Officer, the pseudonymous Officer Heist, threatened to arrest me for Petit Larceny, duped by this very old scam. He accused me of intending to steal the worthless ball used to assault me, the one I’d already tossed into the neighborhood’s adjacent playing area. It was outrageous!
Ball Harassment Continues
Malicious trespassing in Herkimer is a popular team sport. The innocent children whose ball the Herkimer Police leaped to defend have taken to vandalizing our car under the pretext of retrieving their (new) ball. The ball rolls into our driveway frequently, although the street is perpendicular to the driveway. A baller retrieves the ball, off camera. During his or her stay, our car is scratched or sprayed with acid. Repeat. Repeat. Obviously it’s at their parents’ instigation. These kids are probably paid in cash or drugs. The State Police appear to have clamped down on their parents following their abusive mob interaction with us in the street. (Herkimer’s Pleasant Avenue is a quietly sanctioned haven of drug trafficking, its workers flush with drug money. There are signs that things far more heinous go on here, also involving children. )
I ordered one girl from my driveway the other day, telling her she was trespassing and not to return. She screamed “Don’t you ever talk to me that way!” As you’ll note from the video clip of her departure, she was quite indignant and circled her hand about her head, indicating that any defiance to her outrageous behavior was insane. Politeness and respect are obviously strangers in her family. Sadly there is an arrogant expectation that my home is a public way to be used however and whenever my neighbors see fit.
Additional cameras have been brought on line. More are coming. We live as I did in Cote D’Ivoire West Africa, where each home’s a fortress, and anarchy prevails.
What I’ve Learned from Herkimer’s Officer Heist and the Pleasant Avenue Ball Harassment
Shrugging our shoulders in helplessness because, Hey! It’s just Pleasant Avenue, ill-serves us all. There are two underlying problems here. The most important is attitude. As a community, we must provide basic services, or we’re not a community. If we can’t do this alone, we have to ask for help. To be a successful community rather than one in name only, we have to change to an “I think I can and I will try” attitude. Too often when problems are discussed here, even the best of Herkimer’s people sigh, shrug their shoulders and say, “It’s Herkimer.” (At some point, perhaps the citizens of Gomorrah probably did the same.)
Herkimer is crime-ridden and plagued by poverty. Many of the children on our street are very intelligent, but they are not engaging intellectually – their education is pathetically inadequate. Some are reading grade levels below what they should. It’s obvious the school system treats them as pariahs and tracks them as such. At least one middle school student didn’t know what the Atlantic Ocean is. One doesn’t know what an ocean is. A very bright and likable neighboring 9th grader is periodically made campfires from his homework assignments. He correctly determined that Herkimer considers him social junk that his school’s job is keep him off the streets during the day. Like many kids in Herkimer, he’s filled with rage and hopelessness.
We can do better than this, Herkimer. If not now, when?
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called 911, falsely stating that she was a licensed daycare provider and that children were in danger. 
