When a bouncer in Jason Cutler’s downtown bar tried to evict a drunk cop, the cop flashed his badge. Now the cop’s in trouble.
Officer Jason Bandy, a 24-year-old rookie cop, was charged Tuesday afternoon with second-degree breach of peace, interfering with an officer, and disorderly conduct, according to police. Bandy, who joined the police force less than one year ago, was released from custody on a promise to appear.
Internal affairs is also investigating his alleged misconduct.
The charges stem from an incident at the Center Street Lounge at 84 Orange St. early on Oct. 30.
The trouble began when Bandy called out sick from work, then went out drinking with a friend, Police Chief James Lewis confirmed.
Bandy is accused of peeing on the bar floor, spitting on the bar, and refusing orders from two bouncers and a police officer to leave the club.
Neither Bandy nor police union president Lou Cavaliere could be immediately reached for comment.
The incident started on a Thursday night, which is “college night” at the bar, recalled Cutler (pictured above), who co-owns the club and was working that night. Cutler has been interviewed by the state prosecutor’s office and local police as a witness to the incident, he said.
Bandy came in with a friend and had a lot to drink that night, Cutler said. At closing time, just before 1 a.m. on Oct. 30, most of the patrons had left the club.
A female bouncer was making a sweep through the building when she walked past the men’s bathroom and spotted Bandy peeing on the floor, according to Cutler.
“He was standing right in the middle and just urinating on the floor. It was kooky,” Cutler said. The bar staff didn’t know Bandy, and they didn’t know he was a cop — not yet.
“Excuse me, can you use the toilet?” the female bouncer asked, according to Cutler.
“Go f — - yourself,” Bandy responded, Cutler said.
The female bouncer alerted the head bouncer. They both asked Bandy to leave. Bandy and the bouncer “had some words back and forth.” The bouncer “made a move to grab him” and show him the door.
“That’s when [Bandy] whips out his badge,” Cutler said.
The young cop made a comment to the effect of, “you don’t know who I am.” The bouncer then got Officer Wilfredo Cruz, who was working extra-duty at the club that night. Bandy “gave the officer a hard time. He wouldn’t answer questions,” Cutler said.
Bandy was “obviously drunk” at that point, Cutler said. The cop and bouncers finally got Bandy to leave the club. Bandy refused to leave without further incident.
“Instead of going out quietly, he spits at the bar and kicks a pile of dirt” that was left from sweeping, Cutler said. At that point, Officer Cruz called in the extra-duty supervisor, but Bandy and his friend had already left.
Even a month later, Cutler said he’s still upset about how the officer acted in his club.
“He totally disrespected me, my staff and my place of business,” Cutler said. What upsets Cutler most is that the officer “abused the power of the badge.”
Officer Cruz “gave this guy every opportunity to go peacefully and be a man about it, and he just totally abused everything.”
“The bouncer would have just let him go,” too, Cutler said. “Instead, [Bandy] thought he would get away with this because he whipped out his badge.”
Cutler concluded that Bandy, who’s 24, is “too young to be a police officer. He still wants to party and be a kid. He’s not ready to take responsibility.”
Chief Lewis said he has concerns, too.
Bandy has been placed on jail-booking duty since the incident, Lewis said. The administrative job, which would have to be filled anyway, involves booking suspects at police lockup. The chief said he prefers the assignment to paid administrative leave, where cops get paid for sitting at home. Bandy will continue to work there while another investigation moves forward — one by internal affairs.
An internal affairs probe will examine whether Bandy broke any police department policies. He may be disciplined for abuse of sick leave, Lewis said. He said he expects to wrap up the probe “within the next few days.”
The police chief can issue a punishment of up to a 15-day suspension. Anything beyond that must go through the Police Commission. The punishment will depend in part on the officer’s disciplinary history.
Lewis said the case will send a message to the force that officers will be “held accountable.”
“He’s being held accountable just like any citizen,” Lewis said. “Additionally, he’s held accountable internally.” In that sense, the cop would be effectively “double-punished,” Lewis said.