Jonathan Bandler

jbandler@lohud.com

Two Yonkers police officers were suspended without pay and could face disciplinary action after being charged Wednesday with falsifying a search warrant for a drug suspect who fell to his death during a police raid at his third-floor apartment.

Detective Christian Koch and Officer Neil Vera were not charged in the death of suspect Dario Tena. But the indictment unsealed at their arraignment in Westchester County Court charged them each with one felony count of perjury and misdemeanors related to their handling of the search warrant.

Both officers pleaded not guilty and Westchester County Judge Barbara Zambelli released them without bail on the condition that they surrender their weapons to Yonkers police.

"This matter involves but a single incident concerning two members of the department, and should not detract from the outstanding job that the men and women of this department do every day to protect the public," Yonkers Police Commissioner Charles Gardner said in a statement. "Nonetheless, even a single incident is one too many, and these two officers must now face both criminal charges and department discipline in relation to this incident."

Detective Keith Olson, president of the Yonkers Police Benevolent Association, attended the arraignment with nearly three dozen other Yonkers police officers to support the two defendants.

"They're the best we have to offer," he said. "They deserve the benefit of the doubt."

Andrew Quinn, the lawyer for the Yonkers PBA who is representing Vera, a union trustee, said he had been optimistic during the investigation that the grand jury would decline to indict.

"We have some very, very legitimate defenses to this case and I think once those defenses are aired publicly the district attorney might reconsider its position with respect to whether these officers are reliable and credible." Quinn said. "Our argument is (the officers) didn't falsify any information."

Michael Rubin, a lawyer for Koch, declined to comment.

On March 21, Koch swore to an affidavit for a warrant to search Tena's third-floor apartment at 141 School St. After the judge issued the warrant, Koch, fellow narcotics detectives and anti-crime officers went to the apartment that night to execute it. Tena went out the window after they arrived, falling more than 30 feet to his death into the rear courtyard.

Tena's sister, Maria Tolentino, has raised questions about the police account of his death, particularly because there was no fire escape outside the window. She has retained a lawyer. She said the indictment was one measure of justice but she remained frustrated that there were no charges related to her brother's death.

Koch and Vera were placed on modified duty two months later after Internal Affairs determined that there were materially false statements in Koch's affidavit and that Vera had provided some of the information used to obtain the warrant. Sourceshave told The Journal News that the false information related to an informant who police could not have spoken with because he was in jail at the time.

Vera is accused of getting a witness to lie to internal affairs investigators in May about purchasing cocaine at Tena's building before March 21 to support the search warrant.

The subsequent investigation by the Westchester County District Attorney's Office led prosecutors to dismiss unrelated drug charges against 15 defendants in 12 separate cases that either Koch, Vera or both were involved in, including three defendants who were charged with a serious drug felony.

The District Attorney's Office has not said whether the investigation determined that the officers lied in other cases.

"There is nothing more important than law enforcement acting with honesty and integrity," Westchester District Attorney Janet DiFiore said in a statement Wednesday. "We place enormous trust in the work of police and when that trust is violated we will not hesitate to hold the individuals accountable."

The two officers were also charged with official misconduct, and Vera was also charged with falsifying business records, sixth-degree conspiracy and making a punishable false written statement. They face up to four years in prison if convicted of perjury.

Koch, 39, joined the department in 2001 and has two brothers who are also Yonkers police officers. Vera, 34, has been on the job for six years and was assigned to the Housing Unit, which was recently disbanded. He was initially hired in 2007 but was dismissed during his probationary period then rehired the following year.

Twitter: @jonbandler