Two Niagara County Sheriff’s deputies who responded to the incident were later captured on camera discussing why they felt the behavior of Lockport auto repair shop owner Dave Mongielo at a restaurant on May 10, 2022, did not amount to a criminal offense.
That didn’t stop Niagara County prosecutors from charging Mongielo with three counts of harassment after a high-profile altercation with a group of Lockport city officials. Now, Mongielo has filed a lawsuit seeking punitive damages and legal fees for what he describes as a “malicious prosecution.”
The lawsuit, filed on June 17, names as defendants the Niagara County Sheriff’s Office and seven individuals directly or indirectly involved in the incident and the subsequent investigation, including Niagara County Sheriff Michael Filicetti, the two officers who responded to the scene, Lockport City Supervisor Mark Crocker, City Councilwoman Darlene DiCarlo, former city highway supervisor Dave Miller and Ralph Dufour, the husband of City Councilwoman Patricia Dufour.
“The assaults and malicious prosecutions were committed by Defendants with malice aforethought and intent, and therefore Plaintiff is entitled to damages for each Defendant,” the lawsuit states.
Mongielo was charged with three counts of harassment after he, a self-proclaimed “citizen journalist,” attempted to use his cell phone to film a group of Lockport city officials he said were holding an illegal meeting at a Robinson Road restaurant on the morning of May 10, 2022.
City officials have maintained that the gathering at the restaurant was not an official city affair, but rather a gathering to mourn the recent passing of a loved one of the city officials.
Video footage captured on Mongielo’s cellphone shows Ralph Dufour, the husband of Lockport City Councilwoman Patricia Dufour, standing up, walking toward him and knocking the cellphone out of his hand as he walked toward the table where the officials were sitting.
Ralph Dufour was later charged with fourth-degree criminal damage and second-degree harassment. Dufour paid $375 in damages for damaging Mongielo’s cell phone and agreed, in Orleans County Superior Court, to a stay of dismissal, resolving all charges.
Mongielo also alleged, in a claim she has repeatedly denied, that DiCarlo pushed her into the restaurant. DiCarlo was not charged following the incident.
Officers who arrived at the scene initially declined to press charges against Mongielo. He was later charged after Crocker, DiCarlo and Miller filed formal complaints with the sheriff’s office.
In his lawsuit, Mongielo alleges that the complaints filed by city officials were “reviewed” and “approved” by the two officers who responded to the scene, Joseph Devoe and Patrick Rindfleisch, despite the two appearing on video to cast doubt on whether Mongielo’s behavior rose to the level of harassment.
Through Freedom of Information Law requests filed with the sheriff’s office, Mongielo obtained patrol car and body camera video footage that shows the two officers discussing the case, including a piece of footage in which one of the officers can be heard questioning the filing of charges against Mongielo. In that video, the officer described the incident as “bulls—,” while noting that police officers are often filmed by people doing their jobs and that it is not an unlawful practice.
“How is that (expletive) harassment?” the deputy sheriff asks.
Another officer’s body camera footage captured a conversation between two officers and Miller. Miller said he and other city officials were having a “private conversation” over breakfast when Mongielo walked in and began filming them, saying, “This is where you corrupt public servants have breakfast.”
In the video, one of the officers tells Miller that under criminal law, harassment is “more of a physical charge,” meaning Mongielo would have to actually “hurt someone” or “threaten to do the same” or “kick, push, kick, hit or threaten to do the same.”
“I wouldn’t say it’s intimidation, but I understand. You guys are having breakfast,” the officer tells Miller.
“You can’t film someone having a private conversation. You can’t go up to people and film them,” Miller argues.
“Unfortunately, it can. It happens to us all the time,” the deputy replies.
Mongielo’s lawsuit alleges that both responding deputies “contributed to and approved the filing of charges in court,” even though “they knew the charges were baseless and frivolous.”
Filicetti is named a defendant in the lawsuit for failing to “properly supervise and train his deputies in protecting plaintiff’s legal and constitutional rights.”
Filicetti indicated in an email response that he was aware of the lawsuit.
“As this is still pending, I will not be commenting further on the matter,” he said.
Niagara County Superior Court Judge John Ottaviano dismissed the three charges against Mongielo in a written order dated July 14, 2023, but not before Mongielo appeared in court five times.
Mongielo, a registered gun owner in the state, also had his gun license revoked without a hearing, which his attorney, James Ostrowski, described as a “violation of his Second Amendment rights.”
The lawsuit argues that the case against Mongielo lacked “probable cause” and “was terminated in favor of plaintiff.” As a result, the lawsuit seeks costs and compensatory and punitive damages from the defendants.
“As a result of the charges, plaintiff was forced to hire an attorney, incur attorney fees and expenses, was forced to attend numerous pretrial court appearances, and was subjected to public exposure and ridicule,” the lawsuit states.
