ROCHESTER, N.Y. — The Rochester Police Department is expressing frustration after a city judge decided not to jail or set bail on a 19-year-old accused of shooting at his ex-girlfriend’s house. The judge initially placed the teen on an ankle monitor, restricting his movements to work and home. However, on Tuesday afternoon, Judge Van White ordered the removal of the ankle bracelet when the Monroe County District Attorney’s office did not proceed with a custody hearing.
Capt. Greg Bello of the Rochester Police Department shared his concerns about the situation.
Berkeley Brean, News10NBC: “What does RPD think should have happened to him in court?”Capt. Greg Bello, RPD: “There needs to be accountability. There needs to be accountability for these offenders and we need to incorporate victims into this because right now the victim is left out to dry.”Berkeley Brean: “So you believe that he should have been detained.”Capt. Greg Bello: “Absolutely.”
Judge White, explained in court that he was compelled to remove the monitor due to the absence of a hearing. Judges are prohibited by law from commenting publicly on active cases.
The Willow Domestic Violence Center highlights the severity of domestic violence in the area, stating that it is three times the state average in Rochester and higher in Monroe County.
In a statement, Willow said, “We respect the role of the court and the independence of the judiciary. And we also believe our community deserves a coordinated response that prioritizes survivor safety, accountability, and the reality of domestic violence risk.” They describe domestic violence as a “public safety crisis.”
The issue of domestic violence has also affected law enforcement. Just before Christmas, three RPD officers were shot during a domestic violence case, and last year, 14 officers were injured in similar incidents.
Berkeley Brean: “Are there sections of the criminal code that involve domestic violence that you could charge someone with that would make it more likely that they would be kept in jail?”Capt. Greg Bello: “No. There’s aggravated family offense when there are orders of protection in place. So criminal contempt first, for example.”Berkeley Brean: “That’s on the back end.”Bello: “That’s on the back end. That’s after an order of protection is issued and they violate it again.”
Judges typically set conditions, such as bail or ankle bracelets, to ensure court appearances. Ondre Smith, the accused, attended court as required. The district attorney’s office was unable to hold the hearing, but during Smith’s arraignment last week, they requested a $25,000 bail.
Smith is scheduled to return to court next week and has been ordered to undergo a mental health evaluation. In court, Judge White noted that Smith had nine violations with his monitor in a week, mostly for not charging it, but the issue became moot when the monitor was removed because there was no custody hearing.
The city of Rochester offers a Victim Assistance Program that includes safety planning. For those in need, the program can be reached at 585-428-6630.
‘There needs to be accountability’: Rochester police captain reacts to judge’s decision in domestic violence case WHEC.com.
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