Suspended Schenectady cop to plea to traffic violations

A suspended city police officer could return to work as early as Friday as his criminal case is expected to be reduced to violations, his attorney said today.

Aaron Zampella has been suspended since late March, charged with misdemeanor unlawfully fleeing a police officer in a motor vehicle.

Zampella’s attorney Steve Kouray said Zampella is due back in court Friday to plead guilty to two traffic infractions and the misdemeanor will be dismissed.

Zampella will complete 10 hours of community service, have five points assessed against his license and pay regular fines and surcharges, Kouray said.

With the resolution, Kouray said he believes the department is satisfied and could allow Zampella back to work as early as Friday after the case resolves.

Public Safety Commissioner Wayne Bennett confirmed the possible Friday time line for Zampella’s return to full duty if the criminal case is resolved as expected.

Bennett said he’s had discussions with the Police Benevolent Association president, who has had discussions with Zampella and a tentative agreement is in place to resolve the administrative action once the court proceedings are resolved, Bennett said.

“Once he in fact follows through and resolves the matter on Friday, then I will work to bring him back to active duty as soon as possible,” Bennett said.

Prosecutor Michael Tiffany could not be reached.

Zampella, 27, a five-year veteran of the department, has been suspended since shortly after the March 25 incident, first without pay and then with pay after 30 days.

The incident happened at about 1:15 a.m. that day on Broadway after a traffic stop by on-duty Officer Nick Ottati, according to court paperwork.

Ottati, with his marked patrol car’s lights on, pulled Zampella over for speeding. Police then accused Zampella of pulling away as the officer approached the car. Court paperwork filed then accused Zampella of hitting the speed threshold for the more-serious charge and of swerving around a tow truck and into the oncoming lane.

Police soon pulled Zampella over again on Campbell Avenue, police said then. They determined Zampella was driving, but neither alcohol nor drugs were involved. Police filed the fleeing charge later in the day and Zampella turned himself in that afternoon.

Despite the accusations in the earlier court paperwork, Kouray said prosecutors agreed to the reduction after viewing the in-car video from the officer who stopped Zampella.

The video, Kouray said, ruled out two elements required for the misdemeanor count — driving in excess of 25 mph over the speed limit leaving the stop and driving recklessly.

Instead, Zampella will plead guilty to two violations: Imprudent speed for his actions before the stop and failure to comply for his actions after the stop, Kouray said.

“There’s no way there was any evidence either that 1, he drove in excess of 25 mph over the limit or that 2, he drove recklessly,” Kouray said. “It’s just not there.”

Kouray said Zampella is expected to have his community service completed by Friday.

The five points assessed to his license are not expected to impact his license status based on the points themselves. According to the state Department of Motor Vehicles, 11 points assessed in 18 months are needed to prompt a possible suspension.