Texts to girl lead to cop suspensions Veterans of suspended without pay

STAMFORD -- Two veteran police officers were suspended Tuesday without pay for allegedly sending sexually charged texts to a 16-year-old girl.

Police Chief Jon Fontneau said officer Robert Macari, 43, an 11-year department member, was charged with conduct unbecoming an officer and placed on a 30-day suspension without pay. Officer William Garay, 28, a six-year member of the department, was charged with the same offense and suspended for 10 days without pay.

On May 15, police were notified that the girl reported she was sexually involved with Macari, Fontneau said. After launching an internal investigation, it was determined Garay also was involved. The next day, the officers were suspended with pay.

In order to protect her identity, Fontneau declined to say where the girl, now 17, lived or whom she reported the relationship to.

Fontneau said the girl initially claimed she had a relationship with Macari and then recanted her story, saying she wanted no involvement in the investigation and nothing done to the officers.

Police investigators could not get any cooperation from the girl's family and nothing of a sexual nature between her and Macari could be proven, Fontneau said; Macari denied having a sexual relationship with the girl.

As a result of a forensic examination of a cellphone, it was proven that the two officer sent improper, sexual and "immoral" texts to the girl, the chief said.

Fontneau said he could not determine if Macari and the girl had sex.

"If it did happen, and I can't say that it did, it was consensual and there was no law broken," Fontneau said. "I was repulsed at their behavior and it is not reflective of the police department as a whole."

After a thorough investigation and a meeting with state prosecutors, it was determined there was no probable cause for an arrest of Macari or Garay, Fontneau said.

Stamford State's Attorney David Cohen said he could not comment on the case.

In most instances, someone older having a sexual relationship with a person who is 16 years old is not a criminal offense. Sixteen is the age of consent in Connecticut.

Garay, who works in the Narcotics and Organized Crime unit, was the recipient of the Police Commissioners Association of Connecticut's Meritorious Service Award in March 2012 -- a year after he was nearly shot by a man running from police.

After being found guilty during a jury trial, Marcellus Catchings was sentenced to 15 years in prison in early May for pointing a loaded gun at Garay. During testimony, the father of an 11-year-old boy said he thought that Catchings was going to kill him.

Garay is one of four Stamford police officers being sued for using excessive force and breaking a 17-year-old's eye socket during an arrest in April 2010.

"The Stamford police department holds each of its members to a higher standard of conduct both on and off duty," Fontneau said. "This investigation has shown that the actions of both officers have led to a breakdown in public trust, which is critical to our profession.

"It is expected that each member of the Stamford Police Department will garner the public confidence through sound judgement and ethical conduct," Fontneau said. "Every officer should earn the respect of the citizens that we serve and strive to avoid not only improper conduct but the appearance of any impropriety."