Colonie

Town police have ended their investigation without making an arrest of an Albany police officer who was accused of choking and punching a 12-year-old boy moments after he and three of his friends threw pears at the officer's house and ran away.

The boy's father, Patrick F. Batchelder Jr., said a detective sergeant with the Colonie Police Department told him last week that because the incident involved an off-duty police officer, Michael Geraci Jr., there was a question about whether his use of force was legal. Batchelder said the sergeant told him "if it was a homeowner or a citizen, he would have been arrested."

"He said that because he's a police officer there's a lot of mud in the water," Batchelder said.

The detective sergeant who is overseeing the investigation, Michael D. Franze, said a decision on whether to make an arrest has not been made, although the investigation has ended. He also said Batchelder may have misconstrued his statements.

"I can tell you unequivocally, he was told that the case is not closed," Franze said. "It is correct to say that the district attorney's office has been sought out on this and we are waiting to hear back from the district attorney's office on a suggestion on the best course of action."

But District Attorney P. David Soares' office said it had already advised town police there was enough evidence to support charges and that any decision on whether to make an arrest was up to the department. In response to questions about the matter, Soares issued a statement saying his office does not tell police when to make an arrest.

"The office of the Albany County district attorney, when sought, will consult with police agencies on investigations and prospective charges," the statement said. "We do not advise on matters pertaining to arrest. We have consulted with the Colonie Police Department on the present matter and have advised them on viable charges for which evidence exists for an arrest. The arrest is an exercise of their discretion."

Geraci, 38, is the son of a former Colonie deputy police chief, Michael Geraci Sr. The son was suspended without pay several weeks ago after his department began an internal investigation.

Batchelder, the father of the boy allegedly roughed up by Geraci, said his son and three other children, including a girl, were not far from Geraci's house after the pear-throwing incident when the off-duty officer drove up in his personal car. He said Geraci jumped out and grabbed Batchelder's 80-pound son by the neck, threw him to the ground and punched him once in the chest.

The boy's grandfather, Patrick Batchelder Sr., said Geraci cursed at him when the grandfather arrived at the scene of the incident and tried to call State Police because he was concerned the Colonie officers were too friendly with Geraci. He said the town police officers shook hands with Geraci and let him drive away and come back to the scene.

The grandfather said a State Police dispatcher told him they would not send a trooper to the scene because Colonie police were already there.

Batchelder's son was charged with a violation and his case is being handled by the county probation department.

"He's an honor roll student. He's a good kid. Now we're having to change schools," Batchelder said two weeks ago.

In 2006, Geraci was cleared by a grand jury that reviewed charges on whether he assaulted a 73-year-old man by dragging him out of a police van by the ankles. The man suffered cuts and bruises in an incident that was captured by a police security camera. Geraci returned to patrol duties after being cleared. In 2007, the city paid the victim, retired dentist John Behrmann, $25,000 to settle a federal lawsuit, according to an attorney in the case.

In 2013, Geraci was again removed from patrol duties as the department investigated allegations that, while assigned to a DWI traffic enforcement unit, he followed drivers after staking out city bars and was allegedly abusive to people he arrested. A law enforcement source said that some of the cases were scuttled as a result of the internal investigation.

Cheryl Coleman, an attorney for Geraci, said there was "an alternative explanation for the claimed injury to the (boy's) neck" that police were investigating. She declined to reveal the details of an alternate scenario.

blyons@timesunion.com • 518-454-5547 • @brendan_lyonstu