Kyle Spencer is a 4-year veteran of the New York City Police Department ("NYPD"). Spencer's desire to join the NYPD was fueled by the example of her/his maternal uncle, who was a celebrated constable in his birthplace of Grand Cayman, B.W.I. Some of Officer Spencer's fondest childhood memories include apprehending the bad guys in spirited games of "cops and robbers."
Officer Spencer's nuclear family was fractured. Her/his father left the home before Kyle enrolled in school. The mean streets of Brooklyn did little to provide positive role modeling. Despite some "youthful indiscretions," Kyle graduated from high school without serious incident. What s/he really craved was structure and a sense of belonging.
As part of its diversity recruitment efforts, an NYPD Community Affairs officer came to a street fair in Kyle's neighborhood. After an extended conversation, Kyle was intrigued by the prospect of finding purpose through a career in law enforcement. S/he took the entrance exam, scored well, and was ultimately appointed to the NYPD Academy. Kyle's mom and uncle beamed with pride.
Kyle's academy experience was unremarkable. S/he graduated in the middle of the class and was twice admonished for what Academy instructors perceived to be a lack of effort.
Her/his first assignment was to Project IMPACT, an initiative that concentrates new recruits in high-crime areas. During an early "radio run," Officer Spencer responded to a gunshot homicide. The experience had a profound impact and caused Kyle to question whether s/he was truly cut out for urban policing.
While on post one afternoon, Officer Spencer and her/his partner encountered Dominique Bass ("Dominique"), an individual who identified her/himself as a police administrative aide ("PAA"). Although employed by the NYPD, PAAs are not uniformed members of the service ("MOS") and have no police powers. Kyle and Dominique seemed to have chemistry and arranged to meet for dinner later that week.
During their first date, Dominique disclosed that s/he had lied about her/his employment status and admitted that s/he was actually a police officer with 14 years of service. Dominique explained that for privacy reasons, police officers rarely disclose their true occupation until they are certain that a relationship may be headed somewhere. Dominique further disclosed that s/he had two children, ages 9 and 12, from separate relationships. Kyle thanked Dominique for the candor and the date went well.

Officer Kyle enjoyed a very close relationship with her/his mother, a fact that seemed to make Dominique jealous. Friction continued to escalate with the passage of time. And then tragedy struck.
Four months into her/his relationship with Dominique, doctors diagnosed Kyle's mother with Stage IV lung cancer, a condition caused by years of cigarette smoking. Kyle began to spend more and more time caring for her/his ailing mother. Dominique seemed unsympathetic and openly challenged Kyle to decide between the two. Kyle sided with her/his mother and broke off the relationship.
After three weeks of no contact, Dominique began a campaign of late-night harassing phone calls to Kyle's home. Dominique claimed that Kyle's mother would inevitably succumb to terminal cancer, and then Kyle would be without a mother or a companion. Angered by this insensitivity, Kyle told Dominique to refrain from making further calls and to stay away from her/his home.
Two months later, Kyle's mother passed away. Friends and family members attended the memorial service. Grief-stricken, Kyle was stunned to see Dominique at the rear of the funeral parlor. The pair made eye contact and then Dominique slid out the back door. Before leaving, s/he scrawled, "Sorry for your loss" in the memorial book.
Dominique called Kyle the next week and requested to meet. Despite some initial reservation, Kyle agreed. Dominique consoled Kyle, and they decided to resume their life as a couple.
Over the ensuing year, theirs was a tumultuous, dysfunctional relationship marred by episodic breakups and makeups. During one such period, Dominique called Kyle to inform her/him that Dominique's younger daughter, Crystal, would celebrate a birthday the next day. Dominique admonished Kyle, "You'd better bring something for her. Or else."
Regardless of her/his status with Dominique, Kyle felt affection for Crystal. She reminded Kyle of her/his own struggle to grow up in a broken home. The next morning, Kyle drove to a local party store, purchased a greeting card and a "Happy Birthday" balloon, and drove to Dominique's home in the East New York section of Brooklyn.
Upon ringing the doorbell, Kyle noticed that the First-Floor window was open. From inside, Kyle heard a voice call out, "Dominique, someone's at the door." Dominique replied, "I don't want to get dressed. You answer it."
Moments later, an individual opened the door. Kyle immediately recognized that person as "Lefty" Woods, a small-time neighborhood drug dealer. Kyle was confused as to why Woods would be in Dominique's home, much less at 10:30am. Adding insult to injury, Woods was attired in a pair of sweatpants that Kyle kept at Dominique's home. The pant leg read, "#1 Parent."
As the reality of the situation sank in, Kyle managed to incredulously stammer, "You've got to be kidding me. Dominique, get out here!" S/he released the balloon and it drifted skyward.
Woods retreated inside the vestibule and Dominique came to the door wearing bed clothes and looking disheveled.
What happened next is a matter of sharp contention. Kyle maintains that s/he told Dominique, "It's over," left the premises, got into her/his car and drove away. Dominique, by contrast, stated that Kyle brandished her/his off-duty firearm, struck Dominique on the right side of the face, threatened Dominique, and then stormed off.
Twenty minutes later, Kyle received a cell phone call from the Internal Affairs Bureau ("IAB"). A lieutenant directed Kyle to report to the local precinct to provide a statement of the events that had transpired at Dominique's house. Kyle composed her/himself, called her/his partner, Joe DiPaolo, and asked DiPaolo to provide transportation to the precinct. DiPaolo did as Kyle requested.
NYPD MOS actions are governed by the Patrol Guide, the departmental Bible. Pursuant to Section 206-13, a GO-15 interview (named for the General Order administrative form) requires complete candor. Although a MOS can choose not to incriminate her/himself for potentially criminal conduct, a refusal to answer the questions posed can result in termination. Similarly, the making of a false statement is a terminable offense.
Despite intense questioning, Kyle steadfastly maintained that s/he never struck Dominique. This was simply a verbal dispute that grew heated and ended without any physical contact. At the conclusion of the GO-15, the IAB lieutenant ordered Kyle to surrender her/his weapon and immediately suspended Kyle without pay pending further investigation.
In total, Kyle was suspended 30 days and returned to duty on "modified" status. While in that classification, Kyle was assigned to VIPER, the NYPD video surveillance unit. Modified officers are issued special identification, stripped of their service weapons, and denied the opportunity to earn overtime wages. The experience often exacts a heavy emotional and financial toll on an officer.

what would be better a mediation settlement or trial for Mr.spencer. what arguments could help his case

Answer rating: 100% (QA)

Given the complexity of the situation faced by Officer Kyle Spencer he should consider both routes a mediation settlement and trial based on certain f... View the full answer