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KENNETH C. CROWE II
Albany Times Union, N.Y.

TROY -- A special prosecutor has determined that no criminal charges will be filed against two city police officers accused by witnesses of using excessive force when arresting two men in January in Menands.
"There being insufficient evidence to support a criminal prosecution, no charges will be filed against any members of the Troy Police Department as a result of this incident," Special Prosecutor Michael P. McDermott said in a letter closing the investigation.
The Sept. 2 letter was addressed to Albany County Judge Thomas Breslin. McDermott advised Breslin of the investigation's findings. McDermott was assisted by two State Police investigators.
Troy Police Chief Nicholas Kaiser said Thursday night he was glad to learn this portion of the investigation of Officers William Bowles and Jeffrey Hoover of the department's Street Crimes Unit had ended.
"We're still conducting our internal investigation," Kaiser said.
The Troy Police Internal Affairs Unit review of the arrest has been on hold pending the resolution of McDermott's investigation. Most of the police department's investigation of the matter has been completed.
Bowles and Hoover were accused of using excessive force in their Jan. 18 arrest of Jamel T. "Bird" DeWitt and Marquese D. "Buddah" Hill in Menands after a car chase that began in Troy. The two officers used their batons in making the arrests, police said. Civilian witnesses said it appeared excessive force was used.
Attorney Terence L. Kindlon, who represents DeWitt and Hill, was disappointed by the outcome of the investigation. Kindlon had requested Albany County District Attorney David Soares investigate the officers' conduct. McDermott was named as special prosecutor.
"Mike McDermott and I will have to agree to disagree. I continue to think there is the basis for criminal charges. This does not affect the civil case," said Kindlon.
A lawsuit is pending in U.S. District Court in Albany against the city over the arrests.

Story From: McClatchy-Tribune News Service
 
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