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Josephine Cutolo, Chemical Assault, New York 2012

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Ex-Deputy Sprays Chemical on Handcuffed Inmate

BUFFALO, N.Y. – In a disturbing display of power abuse, a former Erie County Correctional Facility Deputy has been sentenced for violating the civil rights of an inmate.

Josephine Cutolo, 54, of Buffalo, N.Y., was convicted of deprivation of rights under color of law and was sentenced to one year of probation, including six months of home detention with electronic monitoring, by U.S. Magistrate Judge Hugh B. Scott.

On August 18, 2012, Cutolo, who was a deputy with the Erie County Sheriff’s Department at the time, was involved in an altercation between two inmates. After the incident had been resolved and one of the inmates was in handcuffs, Cutolo approached the subdued inmate and sprayed him with O.C. chemical spray, asking how he liked the spray.

Cutolo deliberately aimed the painful chemical spray a few inches from the victim’s face, resulting in the chemical released spraying the victim’s face, chin, and shoulder area.

Assistant U.S. Attorney Trini E. Ross, who handled the case, stated that Cutolo’s actions were a clear abuse of power and a violation of the inmate’s civil rights.

The investigation into Cutolo’s actions was led by Special Agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

Cutolo’s sentence serves as a reminder that those in positions of power will be held accountable for their actions, and that the abuse of power will not be tolerated.

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