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Former Buffalo police officer receives probation for assault caught on video

Cop Block of WNY

A former Buffalo police officer was sentenced to one-year probation and fined $3,000 for two civil rights violations. John Cirulli was sentenced in Federal court Monday.

Cirulli was caught on video hitting and kicking 22-year old John Willet while he was on the ground handcuffed. Willet was originally stopped by police for speeding, but when they found drugs on him it led to a foot chase. U.S. Attorney William Hochul says the former officer violated public’s trust and abused his power when he assaulted Willet while he was restrained.

“This office will not hesitate to act when civil rights allegations are brought to our attention. The public should also understand, however, that the actions of Cirulli do not in any way reflect upon the fine men and women of the Buffalo Police Department or of any other police agency, who day in and out work within the Constitution and law to protect and serve all of us,” said Hochul.

Cirulli admitted to the assault and took a plea deal back in May. Several other police officers were placed on administrative leave for their part in the incident. Cirulli later resigned from the Buffalo Police Department. During the hearing Cirulli apologized to the Buffalo police, his family, and John Willet. Numerous letters were sent to the court on Cirulli’s behalf. They described him as a family oriented man, the father of two children with another on the way, whose actions that evening were out of character.

When imposing the sentence, U.S. Supreme Court Judge William Skretny took into account that Cirulli was working with the FBI to train other officers not to make the same mistakes. He said that doesn’t erase his behavior that night, but he had to impose a sentence that was “individualized” for Cirulli. Skretny believes the sentence will deter other officers from abusing their own power.

Attorney for John Willet, Phillip Dabney Jr. announced Monday that they have filed a $3 million lawsuit against the City of Buffalo and the Buffalo Police Department over the handling of the incident. The suit includes civil assault, battery, harassment, due process violations, emotional distress, and failure to offer medical attention.

Dabney says they are also calling for the release of the officers who were directly and indirectly involved in the incident.

“We’re becoming far more of a police state, a militarized theory of law enforcement, that the only way to change that concept and the direction that it seems to be going is by making the municipalities it serves accountable for its agents as they tend to offend and injure the people that they’re hired to protect and serve. So, there’s a national conversation that needs to be had,” said Dabney.

Dabney says he and his client, John Willet, were disappointed with the sentence imposed on Cirulli, but they respect all that Judge Skretny needed to consider. He says it was unfortunate that Willet’s "voice" was not allowed to be heard as part of the civil rights sentencing proceeding.

Video of the assault back in April: (Warning: the following video contains some coarse language.)

https://www.youtube.com/watch?v=GxLivtiv6Yo