Former Town of West Seneca Police Officer Charged with Depriving Another of Civil Rights

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr., announced today that a criminal complaint has been filed in U.S. District Court charging Sean Kelley, 30, of West Seneca, New York, with deprivation of civil rights under color of law. The offense carries a maximum penalty of 10 years in prison, a fine of $250,000 or both.

Assistant U.S. Attorney Trini Ross, who is handling the case, stated that the charging document alleges that on March 12, 2010, Kelley, then a police officer with the Town of West Seneca Police Department, was off-duty and at a bar when he assaulted another patron. Apparently, Kelley believed the victim had verbally insulted his wife. After he accepted the victim’s apology and a drink from him, Kelley used his position as a police officer to contact two on-duty West Seneca police officers. He then waited for the uniformed police officers to arrive at the scene before assaulting the victim.

Kelley is alleged to have punched the victim multiple times, repeatedly slam the victim's head against a wall, and choked the victim. The complaint alleges that these actions deprived the victim of the right secured and protected by the United States Constitution; namely, the right to be free from an unreasonable use of force by a law enforcement officer. Kelley's actions resulted in bodily injury to the victim.

“Police officers have an important job to carry out—enforcing the law and protecting the public from harm are just two of them. The vast majority of our officers faithfully do just that. In fact, this investigation began when the West Seneca Police Department brought the complaint to the attention of my office" said U.S. Attorney Hochul. "But when an officer chooses to break the law and also misuses his position to do so, such behavior will not be tolerated.”

The case against Sean Kelley is being investigated by the Federal Bureau of Investigation under the direction of Special Agent-in-Charge James Robertson. In addition to Assistant United States Attorney Ross, Department of Justice Civil Rights Trial Attorney Patti Sumner will assist in the prosecution of the matter.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.