RPD officers found to have used excessive force in arrest of mentally ill man

A federal judge has ruled two Rochester police officers used excessive force in a 2015 arrest, and it was so egregious that no reasonable juror would think otherwise.

That ruling stems from four allegations made in a lawsuit against officers Matthew Drake and Steven Mitchell regarding the Sept. 4, 2015, arrest of David Vann.

Officers fought with Vann outside a South Avenue corner store after responding to a report of a problem customer.

During the arrest, records show, Mitchell and Drake threw Vann to the sidewalk, and Mitchell punched Vann in the back of the head, shoved him into a police car, punched him after he was thrown to the ground, and pepper-sprayed him while he was on the ground.

Vann was handcuffed throughout.

Convenience store surveillance cameras recorded the scuffle. Vann sued the department in June 2018. Vann has schizoaffective and bipolar disorders, to the degree that “any person who interacted with Mr. Vann immediately understood that he suffered from mental illness,” the lawsuit states.

Judge Elizabeth Wolford ruled Wednesday that Mitchell and Drake’s misconduct was clear.

“The court concludes that no reasonable juror could find all of the force employed by Mitchell and Drake reasonable under the objective circumstances of the arrest,” Wolford wrote.

Drake sustained a separated shoulder in the scuffle, and another officer broke their leg. Police arrested Vann for assault, resisting arrest and trespassing. He was later acquitted on all charges.

Wolford’s ruling, called a summary judgment, is rare in cases against police officers. Typically such cases are settled or go to trial.

Elliot Shields, Vann’s attorney, said he has never seen another instance in which a summary judgment was granted in a case like his.

“I’ve found zero,” Shields said. “This is the first decision I’ve ever seen. I’m not saying it doesn’t exist, maybe I missed it, but it is incredibly rare.”

Wolford granted Vann’s request for summary judgment only in part, letting similar complaints against other officers on scene proceed toward trial.

The city released a statement Thursday that read: "The city’s Law Department is evaluating the court’s decision to determine whether there are grounds to move to alter or vacate the partial judgment. This incident occurred nearly nine years ago, under a different administration and different leadership of the RPD. The city has attempted to resolve this suit and will continue to attempt to do so, while at the same time vigorously defending the city’s interests."

Neither Drake nor Mitchell faced discipline as a result of the incident.

On Sept. 4, 2015, Vann was at a convenience store on South Avenue, where he bought a single cigarette for 50 cents. An argument ensued between Vann and the store clerk over his change. The store clerk then pushed Vann out of the store and called the police.

Video of the incident shows officers handcuffing Vann. Mitchell can be seen pushing him towards the police car, at which point Drake and Mitchell tackle him to the sidewalk. While he is pinned to the ground and handcuffed, Mitchell can be seen pepper spraying Vann.

Mitchell, 38, has served as an officer since 2009 and has no sustained disciplinary charges, RPD records show.

Drake, 39, joined the department in 2007, and has three sustained disciplinary complaints against him, records show. None involve excessive use of force.

Drake is the officer who shot and killed Tyshon Jones in 2021, outside the Open Door Mission. Jones, who was experiencing a mental health crisis and wielding a knife, ignored police commands to drop the weapon and kept walking toward Drake. Drake shot five times and was later exonerated of any wrongdoing, both by the department and by a grand jury .

A separate federal court case filed by Jones’s family is ongoing and also is before Judge Wolford.