Delano guilty of insubordination

BUFFALO, N.Y. (WIVB) - Buffalo Police Commissioner H. McCarthy Gipson Tuesday announced that the hearing officer has found Detective Dennis Delano guilty of all charges of insubordination.

Charges stemmed from Delano releasing video evidence to the media in the case of the death of the daughter of Lynn DeJac.

While the hearing officer has recommended the maximum penalty of 60 days suspension without pay, he did not recommend termination.

Commissioner Gipson said there will be another hearing on Friday which will allow Delano to give his side. 

Following that hearing, Gibson has the option to make a decision on the ultimate fate of Delano's employment with the Buffalo Police Department.

Gipson noted he had never gone against the findings of a hearing officer. That would trigger further litigation and, according to Assistant Corporation Counsel Diane O'Gorman, the appellate division generally will follow the fact-finder’s recommendations.

Delano is holding a news conference of his own at 3:30 Tuesday afternoon.

News 4's Rich Newberg will have more on this story on News 4 at 5 and 6 and here on WIVB.com.