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North Massapequa Man Arrested in Child Photo Incident

Man accused of taking photos of 8-year-old girl at ice cream shop without her knowledge.

A North Massapequa man who was secretly taking photos of an 8-year-old girl at a Seaford ice cream shop was arrested after an off-duty cop saw what was going on, police said.

Richard Stacel was allegedly taking the photos with a cell phone while on line at the Mad Topper Ice Cream store at 1220 Hicksville Road shortly after 8 p.m. Thursday. Cops said Stacel was taking the photos "in a manner that was innappropriate."

The officer, who was standing within five feet of the suspect and the young girl, saw what was happening and waited until Stacel was outside to confront him so other customers wouldn't be endangered.

The officer identified himself while the store owner called 911.

Stacel struggled with the officer and broke the phone and its memory card, police said. The suspect went to his car, but the off-duty officer stood between the driver side door to prevent Stacel from shutting it and leaving.

Stacel then allegedly reached towards the center console of the car, where a stun gun was later found. Police arrived and placed him under arrest.

Nassau County Police Deputy Inspector Kenneth Lack said that police will try to recover the photos, but wasn't sure if it would be possible. Lack also said that Stacel had been arrested for a child endangerment issue in Nassau County before.

Stacel was charged with endangering the welfare of a child and weapons possession.

MTR July 17, 2012 at 04:42 pm
so have I, if you can read correctly.......
Old English July 17, 2012 at 06:28 pm
Michael R. you are totally irrational. What's next? Roswell? Illuminati? Tin foil? Try and reign yourself in and start discussing the topic at hand.
One arrest does not "enslave our children", nor does it put the country's polictical, moral and social direction at risk.. Get a sense of perpective.
Old English July 17, 2012 at 06:33 pm
So you find the opinion of one "constitutional rights" lawyer, and case closed?
wow. so... simple. All somone needs to do is find a quote from to a lawyer who protects cops from frivoulous 'wrongful arrest' cases (nevermind the illigal weapon, mind you), or prevention of child abuse, and we are good?
Kristen Ferrari July 17, 2012 at 10:56 pm
Mel, I'm a mom too and I have questions about this. I don't know if he has a prior or it was reported that he was arrested for endangering meaning this arrest. I could see some of the scenarios being thrown about but I still would like to know what he was doing that made the off duty cop confront him. That's really the question. What led this officer to think he was taking pictures? What was odd about his behavior that made the officer wait outside or the store owner to call police? None of that is really clear.
Rob July 18, 2012 at 04:42 am
As another lawfirm site states "but did he a commit a crime? I think not. The Penal Law defines Endangering the Welfare of a Minor as follows:
"He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health;" The cop alleged he broke the phone. What the cop is NOT saying is that it broke because the cop would not let go of the phone, and in the struggle it broke. Witnesses are saying that he broke the phone, but none were even close enough to see well, at least 70 feet away, plus being at night with two people turning around during the brief struggle. The phone is fragile and broke when Mr. Stacel attempted to get his phone back from someone he probably thought was a mugger as the "officer" produced no ID. Just saying you're a cop is NOT good enough. Without producing ID, that person is impersonating an officer. Even IF someone is taking pics that you don't want, It's LEGAL. A cop has no right to take your phone. ALL they can do is ask you to delete those pics, which is NOT what happened. The phone was taking from Mr. Stacel who then fought to get HIS property back that was UNlawfully taken from him. This cop does NOT know the law and acted out of emotion and anger, two qualities that a cop can NOT allow to control him. Get your facts straight first!
Rob July 18, 2012 at 04:45 am
Ok English, here is another one then.
"...but did he a commit a crime? I think not. The Penal Law defines Endangering the Welfare of a Minor as follows: He or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his or her life or health;" So taking photos of an 8 year old girl who is not your daughter is certainly likely to be injurious to yourself, but how is it injurious to the girl? - I care about the law and here law enforcement is stretching what could be innocent conduct into a crime"
Rob July 18, 2012 at 04:51 am
Records from various cell phone companies will show that he was on the phone and afterward sent a text to his daughter to get her to pick up his elderly mother at the store. THAT is the reason why he even had the phone out in the first place. He was waiting for the reply text from his daughter, which is when the cop MISTAKENLY thought that video was being taken. He was confronted in an angry, loud and aggressive manner outside when this cop, who felt he wasn't finding the pics fast enough, and who did NOT show ID, attempted to take his phone from him. THAT IS a violation of his Constitutional rights AND the cop violated their own procedures. Even if there were pics on his phone, it's LEGAL for them to be there, but this "cop" didn't care about that, Only about getting his anger out based on his faulty interpretation of Stacel's actions. The phone broke during the struggle and was NOT broke on purpose by Stacel, but when the cop had a two handed grip on the bottom part of the phone and would not let go.
Rob July 18, 2012 at 06:59 am
John - Evidence of....what exactly.. that nothing Illegal was done?? If it's legal to take pics of anyone of any age, then what "Evidence" is there, that he was simply doing what the law allowed?? You like others are not thinking this through. There is NO evidence to be concerned with because there IS no crime as it was LEGAL.. end of story. Whether there were pics taken or not can NOT be determined by a claim that he broke the phone. The phone in FACT broke during the struggle with a person that CLAIMED to be an off duty cop but Never produced ID to PROVE such a claim, that makes him an imposter!
It's also come to light that the store owner pushed him by the throat into the car, yet this "COP" did NOTHING to protect the citizen who's duty his to protect or STOP the store owner! That alone shows the TYPE of "Cop" this person is...rather is NOT! No one was trying to flee, but rather trying to get protection from TWO people that were coming after him. Did you hear THAT in the news..?? NO! And why not, because the news and media COULD CARE LESS about being accurate or right, ONLY about what sells newspapers or gets ratings. There is a book known as "Toxic Sludge is Good For You: Lies, Damn Lies and the Public Relations Industry" The COPS are the ones that notified the media in revenge because it was one of their "boys" that was involved in the incident. They didn't care if it was true or not, as usual, they just seek revenge and retribution instantly.
Rob July 18, 2012 at 07:06 am
Diana - Ever hear of the 2nd amendment?? NORMAL people carried guns ALL THE TIME for the first 100+ years of this country, until it became Corporatized after the Civil war and open carry and ever increasing restrictions on having ANY kind of personal defensive weapon have brought us to the point we are at now where NO ONE is allowed to have ANY weapon at all, just like has been done in NUMEROUS other countries in the 20th century alone. Watch "Innocent Betrayed - The True Story of Gun Control" on Youtube to be SHOCKED by what you are NOT learning about regarding the history of this subject.
If you knew the reason why this "Abnormal" person had a stun gun in the first place you would hopefully wake up from your slumber. It has to do with the failure of the police to act in previous incidents years ago, thus protecting his daughter from harm. Again, JUDGE NOT at least until you have ALL the facts in, which in this case the media spun virtually EVERY one of their to their own advantage as have the police.
Rob July 18, 2012 at 07:09 am
"Stacel then allegedly reached towards the center console of the car, where a stun gun was later found. Police arrived and placed him under arrest."
WOW, THIS IS A TOTAL FABRICATION AND LIE, EITHER BY THE OFF DUTY COP, THE MEDIA OR BOTH!!! UNBELIEVABLE!!
Rob July 18, 2012 at 07:53 am
Old English - "Then you need to coherently provide a complete solution to maintaining capital infrastrcuture (the govenment does this), education system (your government does this poorly), law (your local govenment does this) and a framework of civil order (your govenment does this)."
You obviously don't understand how the country was framed and formed and that it was done based on the idea of LIMITED government, with decentralization of power. This was accomplished via the 10 amendment known as states rights, where whatever power is NOT EXPLICITLY given to the central government, which is VERY LITTLE overall, it reserved to the states (the MAIN power) or to the people (who give ALL Powers to both the state and central, now Federal government). Decentralization and the focus on LOCAL governments was the KEY to preventing the central government from gaining TOO much power, as the founding fathers KNEW that it always does sooner or later.. just as it's happening right now! This started with the corporatization of the United States INC and really ramped up with the establishment of the "Federal Reserve" and the printing of fake money backed by nothing but oil and faith, instead of gold and silver as the Constitution allows. THIS is why the feds have taken over. You also obviously don't know much about communism because you have lived in a communist country your entire life. Don't think so. here are just a few, see how many fit with what you just said and more.
Rob July 18, 2012 at 08:01 am
Old English - "Then you need to coherently provide a complete solution to maintaining capital infrastrcuture (the govenment does this), - Communist Manifesto Item #6 & #7 "Centralisation of the means of communication and transport in the hands of the State. 7 Extension of factories and instruments of production owned by the State; the bringing into cultivation of waste-lands, and the improvement of the soil generally in accordance with a common plan.
education system (your government does this poorly) - Item 10 Free education for all children in public schools. Abolition of children's factory labour in its present form and combination of education with industrial production. law (your local govenment does this) and a framework of civil order (your govenment does this). - Communism does this via the centralisation of all manufacturing, communications, infrastructure, law and everything else. The destruction of the dominance of LOCAL governments to PREVENT dictators and tyrants from ever seizing power is the real reason the founding fathers were SO afraid of a strong central government and sought to limit it in every way possible. As Thomas Jefferson said "The great thing about the second amendment is that it's not really needed until they try and take it away" By abolishing the distinction between town and country
Michael July 18, 2012 at 10:51 am
Rob,
Why are you telling me to get my facts straight. I have been saying the same thing consistently since this started. Perhaps you are thinking of the other Michael.
Rob July 18, 2012 at 11:24 am
I was not, that was divamemaI was referring to.
Samantha Liebowitz July 18, 2012 at 12:07 pm
Everything the news said about this story is very questionable. Like how can someone attempt to flee and then try to use a stun gun while they are trying to flee. Unless you can be in two places at once or have super powers it is impossible. The news seemed to really screw up on this one which is not surprising since jsut this morning they were doing a story on the lost and found on the LIRR and they showed a picture of grand central terminal instead of the LIRR terminal. Various people with high level connections informed me that number 1 it is legal to take photos in public of anyone, and that if in fact the off duty officer attacked him first then this will most likely be thrown out of court and the officer could be in serious trouble. If the officer also failed to show proper ID, he could also be in trouble. A verbal annoucement stating "I am an officer" Is not enough since anyone could then impersonate a police officer. While I know most people here would think I am defending Mr. Stacel, I just want people to understand what is correct law. If this officer failed to follow procedure he could be in serious trouble considering this was all in the media and will make them all look like morons. People, know your rights and the law.
Michael July 18, 2012 at 12:13 pm
Rob, That's what I thought.
Michael July 18, 2012 at 12:16 pm
Samantha,
I agree with you. I have been defending Mr. Stacel from the getgo because it did not make sense and was very suspicious from the beginning. The cop never showed him his badge and that would be considered impersonating an officer. I hope he gets fired, and Mr.Stacel sues the cop, NC, and the Media for publishing his address which is also illegal. The media is so bent on getting ratings that what is legal and true does not matter anymore.
Samantha Liebowitz July 18, 2012 at 12:28 pm
Yes, Michael, According to my sources this cop could be in a lot of trouble since he did not follow procedure. If I screwed up as much as he did at my job I would probably be canned. The police are hell bent on following policy and it was revealed to me that if he did not which it seems he didn't, he could be fired. If that is the case, Mr. Stacel not only needs to sue, but obtain an order of protection against this cop, since he will most likely be out for revenge. Based on my sources I was told the cop could have been on drugs (steroids) based on how he was acting (from what eye witnesses described) Mr. Stacel could request the officer be tested for drugs but it may be denied for the officer's privacy but it never hurts to ask. I think there are a lot of fallacies with this story and the officer is in a lot of trouble based on police law and policies. Now these are not my opinions but I obtained this information from Reputable sources, so don't shoot the messenger. .
mel July 18, 2012 at 01:03 pm
Again, we should not jump to conclusions, either about Stacel or the cop until all the facts are out
Samantha Liebowitz July 18, 2012 at 01:13 pm
Yes, Mel correct. I was just highlighting what was told to me by my sources. The law is the law and not even cops are immune if they break them for the most part. We will just need to see, but I think the media right away made their judgment which they are not supposed to do either.
Kristen Ferrari July 18, 2012 at 01:23 pm
Its a hard call. The news does have the right to report on an arrest as well as details of the arrest. We don't know what the off duty officer's reasoning was and Mr. Stacel would be crazy to speak to the press or a comment section. He has a right to the presumption of innocence and again it comes down to as parents we get emotional at the thought of anyone preying on our kids. But we don't have all the facts and until we do we can't judge the cop or Mr. Stacel. The story sounds fishy but some of the explanations also sound reasonable.
Samantha Liebowitz July 18, 2012 at 01:49 pm
Yes, But as parents regardless if one is a police officer or not one needs to also maintain civility. The news should also have waited to obtain some more information. According to some of the people interviewed they were confused as to how the media got their so fast. So yes the detals are very suspicious. But as you said only time will tell. IF it turns out that Mr. Stacel is innocent, he will have a lot of suing to do though.
Kristen Ferrari July 18, 2012 at 01:59 pm
Samantha, the media reports incidents as fast as they know something. We've always read breaking news stories and typically in those reports it will be stated that more details will follow. We can't blame the news for reporting on an incident.
We do need to maintain a level of civility but you do seem as if you're assigning wrong doing to the officer which isn't fair either. We don't know the details behind his actions yet. There's nothing wrong with questioning but we shouldn't assume he acted unfairly until we have more details. As an off duty police officer if he will be held to an unfair standard. If he steps in people scream abuse of power. If something happened and he doesn't step in people will scream that he didn't help. It isn't always easy for them either.
Samantha Liebowitz July 18, 2012 at 02:04 pm
Let's just say based on insider knowledge from very high level people, the cop could be in serious trouble, even just based on what the media reported. I cannot disclose my sources since it is classified. But as you mentioned earlier we just need to wait and see.
Here is what someone on a law firm posting said: “Don’t get me wrong, I’m sure the guy had ill intentions,” You are assume way too much. What has not come out is that he was texting his own daughter and waiting for a reply, that is why his phone was even out. Cell phone records will prove this to be true. The media has so much wrong about this story it’s not even funny!
Old English July 18, 2012 at 06:24 pm
Rob - you have defined the crux of the problem. It wasn't what started this incident - if he did or did not take inappropriate photos. It's the WAY that it was handled on BOTH sides (Office and Suspect) that dictated if this became local news or not. Lets hear about the offices demeanor. If I personally was faced with someone agressively yelling and demanding my phone I'm DAMN sure I would be the one calling 911.
If it hadn't escalated, we would all have been non the wiser to Rich's prior, and the sensationalist descriptions would have led some of us - me included - to different initial reactions.
Old English July 18, 2012 at 06:30 pm
Interesting use of words, Samantha. You certainly write better than most, but normally only journalistic sources may be treated as "Classified". Are you self identifying as a working journalist, or just a "committed forum" poster? If you are a Journalist, who do you publish for?
Samantha Liebowitz July 18, 2012 at 06:42 pm
No this is beyond journalism and it is not me but my sources. There are things I am not at liberty to discuss but can say there are a lot of shady things going on with this.
MTR July 18, 2012 at 09:28 pm
Can you read Michael??? Where in any of my posts am I defending the police??
Michael July 18, 2012 at 10:32 pm
Michael R.
In the last 3 responses to me you have called me Cuckoo, that I cannot read and the that implied that Mr. Stacel was guilty and that he had to explain himself to you. You are an asshole so go shove it up your ass.
Michael July 18, 2012 at 10:33 pm
Michael R.
In the last 3 responses to me you have called me Cuckoo, that I cannot read and you implied that Mr. Stacel was guilty and that he had to explain himself to you. Good thing you do not live close by because I would wipe the floor with you obnoxious arrogant ass. You are an asshole so go shove it up your ass.

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LT June 16, 2013 at 09:52 am
when you say elite do you mean the hard working people who have money? it's a matter of labels. youRead More call them elite..they call themselves hard workers. yes, some inherit money. but most of us work for it.
Michael Taustine June 16, 2013 at 09:01 pm
No, it has nothing to do with how hard you work. It's just that the elite one percenters are treatedRead More differently when they run afoul of the laws in this country. No one has been jailed for the corporate malfeasance that resulted in the financial crash of '08, in spite of the rules that were ignored or broken. Too big to fail is the order of the day. Meanwhile, petty frauds committed by poor and middle class are prosecuted to the full extent of the law. Two Americas. The rule of law, unevenly applied, whether by race, or class, or economic station will result in the unraveling of society. We may well be seeing the beginnings of that now, as we've entered a new gilded age, where new robber barons are allowed to run roughshod over the lower classes. The very ideals of America are at stake, and we are letting them slide away.
Jack coyote June 12, 2013 at 03:24 pm
Will the new Massapequa station platform be covered end-to-end as it is now? If it will only beRead More partially covered, like Seaford station, there are going to be a lot of cold, wet, unhappy commuters.
Patrick O'Hara June 12, 2013 at 04:14 pm
Mr. Coyote, The design plans only call for a canopy over certain parts of the station platform, likeRead More almost all of the other stations along the branch. The canopies will be primarily over the staircases, elevator, waiting room, and one other small section on the middle section of the platform between the elevator and east escalator.
mj June 12, 2013 at 01:43 pm
Also blocks along Alhambra Road including Granada and Sutton. It rained the other day and was up toRead More the front lawn on one house that is still being renovated from Sandy!!!! Horrible if those owners saw this.