Tonawanda, NY (WBEN) An investigation from the New York State Attorney General's office finds a City of Tonawanda Police officer had no probable cause in arresting two teenagers. The report also finds excessive force was used in one of the arrests.
Attorney General Letitia James says her law enforcement division was made aware of a social media post showing a July 2022 incident involving the use of force against two teenage boys by then Detective Lieutenant Robert Clontz. James says the investigation found Clontz improperly arrested a 16-year-old and 15-year-old without reasonable cause and used excessive force in effecting the arrest of the 15-year-old.
James says the teens were attending an outdoor concert when they were stopped at the corner of Main Street and Niagara Street in Tonawanda by Clontz and other officers. James says the officers instructed on of the teens to dismount his bicycle and continue on foot. The teens, who are brothers, then proceeded to cross the Renaissance Bridge from Tonawanda to North Tonawanda.
James says Clontz followed the boys, eventually catching up to them on the bridge, pushing the older boy twice and repeatedly instructed the boys to keep going. The older boy took out his cellphone to begin recording the encounter, at which point Clontz put his hand on the 16 year old's neck and told him he was under arrest. The teen ducked under Clontz and continued to walk, when Clontz grabbed his arms from behind.
The younger brother then began to film the encounter with his cellphone, James says. When a civilian bystander asks if he can help, Clontz allows him to put his arm around the older brother's neck. Other officers arrive, and they place that teen in handcuffs. Clontz then approaches the 15 year old and places him in what appears to be a chokehold that may only legally be used when deadly force is authorized and which was not permissible under the circumstances. He falls to the ground and holds the teen prone by the neck for about a minute. James says Clontz said he was attempting to use a move he had seen demonstrated online in a mixed martial arts video, and that it was the first time he had attempted the move. He claimed he was not attempting an illegal chokehold.
James says the report found Clontz made a series of poor tactical decisions throughout the encounter, which unnecessarily heightened risk. Her office recommends Tonawanda Police take disciplinary action against Clontz, and call on the department to update its use of force policy.
The report also recommends the department provide personnel with ongoing, annual training of at least eight hours on the updated use of force policy, use of force decision-making, and de-escalation techniques and strategies, as well as training for officers on interacting with minors and young people that makes it clear that under New York law, officers may not arrest minors under the age of 16 who are not committing a criminal offense.
Clontz is currently the City of Tonawanda Police Chief.
