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06/10/2009 02:30 PM

Teen Accused of Shooting Cop Appeared in Court

By: Leah George

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The teenager accused of shooting Rochester Police Officer Anthony DiPonzio in the head in was in court Wednesday for a pretrial hearing.

The hearing focused on the process police used in identifying Tyquan Rivera, 15, as the young man who allegedly shot Officer DiPonzio January 31 on Dayton Street.

Four Rochester police officers were called to the stand to testify, including Investigator Bing Reaves, Jr.

Investigator Reaves said he stopped Rivera shortly after the shooting and later identified him from a wanted flyer that was passed out at roll call.

Teen Accused of Shooting Cop Appeared in Court
Investigator Tom Cassidy testified he interviewed a 13-year-old boy who said he sold Rivera the .22-caliber rifle used in the shooting.

And another officer Investigator Kenneth Coniglio, testified he interviewed a long time resident of Dayton Street who placed Rivera in front of the house where the shooting occurred. Investigator Coniglio said the woman told him Rivera was also well known in the neighborhood as a “dope dealer”.

Judge Joseph Valentino will now review the evidence and testimony presented to make sure there was nothing illegal in any of the procedures that would taint the ability of the witnesses to make identification in court.

“It's our position that there absolutely was not. These were people who knew the defendant, and in one case it wasn't even an identification procedure and with the other two, the police did everything they were supposed to do,” Monroe County District Attorney Mike Green said.

“There were some matters that Mr. Green indicated he would not go forward with and those were the only ones we had any contention with. There were no surprises here today. We'll await the judges decision,” defense attorney Culver Barr said.

Barr said there was a supposed statement Rivera made to police about the shooting that he believed police had gotten improperly. Because the prosecution said it would not use the statement as evidence, we were not told what Rivera said.

Judge Valentino expects to release his decision in court on July 1.