A New Rochelle police officer was acquitted after being charged for punching a suspect while off duty.

Michael Vaccaro was acquitted of two counts of misdemeanor attempted assault after a non-jury trial before New Rochelle Judge Matthew Costa.

Vaccaro was caught on a cellphone video as he punched and kicked Malik Fogg.

The incident began with Vaccaro filming Fogg on his cellphone after seeing Fogg hit the windshield of his mother's car at a gas station on Main Street.

Fogg, who did not know Vaccaro was a police officer, got angry and approached Vaccaro to find out why he was recording.

Vaccaro did not respond and drove off before Fogg got into his car and chased after the off-duty officer.

Footage shows Vacarro punching Fogg three times, trying to kick him, and pressing his head to the ground, as two other officers were trying to handcuff him.

Other officers were trying to arrest Fogg during the 2021 altercation on Main Street.

Vaccaro's attorney said the action was justified after he saw Fogg attack his mother's car.

The District Attorney's Office said his actions were criminal.

"No one who watches that video can say that this gentleman was acting responsibly," says Minister Mark Mclean, president of New Rochelle NAACP.
Fogg decided to file a federal lawsuit in connection with the incident.

Vaccaro is on administrative leave. He was suspended without pay for 30 days. He is now suspended with pay, pending a hearing.