ROCHESTER, N.Y. — A city judge’s order to remove a 19-year-old’s electronic monitoring device in a domestic violence case has drawn strong criticism from the Rochester Police Department (RPD). The accused, who allegedly shot at his ex-girlfriend’s residence, was initially placed on an ankle monitor restricting his movements to work and home. However, the GPS ankle bracelet was taken off after the Monroe County District Attorney’s office failed to proceed with a scheduled custody hearing.
Judicial Constraints and Police Frustration
Judge Van White, presiding over the case, explained in court that the absence of a custody hearing compelled him to remove the electronic tagging device. Judges are legally barred from publicly discussing ongoing cases. This judicial action sparked immediate concern from local law enforcement.
RPD Captain Greg Bello voiced the department’s frustration directly. “There needs to be accountability,” Bello stated, emphasizing the need for consequences for offenders and better integration of victims into the process. He added, “Right now the victim is left out to dry.” Bello unequivocally believes the accused should have been detained.
The 19-year-old, Ondre Smith, had been compliant with court appearance requirements. The District Attorney’s office had previously requested a $25,000 bail during Smith’s arraignment last week. Court records also show Smith accrued nine violations with his monitor in one week, primarily for failing to charge the device. However, this issue became moot once the monitor was removed due to the lack of a custody hearing.
Broader Concerns for Public Safety
The incident highlights systemic challenges in addressing domestic violence, an issue exacerbated in Rochester and Monroe County. The Willow Domestic Violence Center reports that domestic violence incidents in Rochester are three times the New York state average, with rates even higher across Monroe County. Willow characterizes domestic violence as a “public safety crisis” and advocates for a coordinated community response prioritizing survivor safety and accountability.
Law enforcement officers frequently face danger in these situations. Recently, three RPD officers were shot during a domestic violence call just before Christmas. Last year alone, 14 Rochester officers sustained injuries in similar incidents. Captain Bello noted that while charges like aggravated family offense exist when protection orders are violated, these are “on the back end” — applied after an initial violation. This limits initial detention options for some domestic violence offenses, even with prior “offender tracking” measures in place.
Smith is scheduled to return to court next week and has been ordered to undergo a mental health evaluation. For those in need of assistance, the city of Rochester offers a Victim Assistance Program, including safety planning, reachable at 585-428-6630.
This case underscores the delicate balance between judicial protocol and community safety concerns, particularly as electronic monitoring plays an increasing role in community supervision. It raises critical questions about how best to ensure accountability and protect victims when the tools of electronic tagging are limited by procedural gaps within the justice system.
