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Buffalo cop seeks to have two excessive force cases dropped

A Buffalo police officer accused of using excessive force in three separate incidents is asking a judge to dismiss two of the three charges against him.

Corey R. Krug, currently on paid suspension from the force, claims the charges amount to “piling on” by federal prosecutors. His lawyer also thinks they’re “stale and untimely.”

“They can’t wait until the eleventh hour,” Terrence M. Connors, Krug’s defense lawyer, said of the prosecution.

“Who can defend something that happened four years ago.”

Connors was referring to two of the three incidents – one in 2010 and one in 2011 – that are the basis for the two indictments against the 15-year police veteran. He claims the civil rights division of the U.S. Department of Justice in Washington, D.C., was aware of the incidents and could have acted sooner.

He also told U.S. Magistrate Judge H. Kenneth Schroeder Jr. that the case is so old, two eyewitnesses to the incident can not be found.

In the 2010 incident, Krug is accused of using “unreasonable and excessive force” against Marcus Worthy while on duty in August of that year. Krug also is charged with filing a “use of force” report with the Buffalo Police Department about the incident but failing to disclose that he struck Worthy with a flashlight.

A few months later in 2011, Krug is accused of causing bodily harm to Daniel A. Rashada of Buffalo. Rashada filed a civil suit against Krug a few months after the incident and eventually settled out of court with the city.

Prosecutors say the two incidents, while several years old, did not come to their attention until after a third incident involving Krug.

“We found out about it four years after it took place,” John E. Rogowski said of the earlier incidents.

Rogowski said the U.S. Attorney’s Office became aware of the 2010 and 2011 incidents after Krug’s Thanksgiving Day 2014 encounter on West Chippewa Street with Devin Ford of Lackawanna.

Connors’ criticism of the case followed Schroeder’s criticism of it in August of last year.

Schroeder wanted to know why it took so long for the U.S. Attorney’s Office to prosecute Krug and why he had not at that point been indicted in the excessive force case stemming from the high-profile 2014 incident.

Krug is facing charges of deprivation of rights under color of law and, if convicted, could face up to 10 years in prison on each charge.