James Conte, Niagara Falls cop beat driver unconscious with his motorcycle helmet

An off-duty Niagara Falls Police officer accused of using his motorcycle helmet to beat a motorist unconscious during a road rage incident is now suspended without pay.

Officer James Conte is suspended without pay following an internal investigation into what took place on September 5 in Wheatfield.

Authorities say Conte tailgated a driver, who pulled into a restaurant parking lot. Once there, Conte allegedly got off his motorcycle and used his helmet to knock the man unconscious, kicking him before leaving the scene.

The 48-year-old Conte pleaded not guilty to an assault charge. Even if he’s exonerated, he could still be fired from the police department.

Conte was suspended in 1997 for shooting and wound a dog. An internal investigation cleared Conte of any wrong doing but the city had to pay for the dog’s veterinarian bills.

In 2002, the city settled a federal lawsuit for alleged police brutality involving Conte. In that case from June 2001, Conte was accused of handcuffing and beating a woman who had called 911 about her wallet being stolen.

The internal investigation found Conte not guilty and he was never indicted in that case. However, an attorney for the City of Niagara Falls says the case was settled out of court for more than $22,000.

WHEATFIELD, NY – A Niagara Falls police officer now faces a felony assault charge in an alleged road rage incident from earlier this month. The officer is accused of tailing a man while off-duty and eventually striking him with a motorcycle helmet.

The officer, identified as James Conte of Niagara Falls, has more than 20 years of experience on the force. He’s now staring at a felony assault charge, with the intent to cause physical injury with a weapon. The accusation stems from an alleged road rage incident near the 190 in Wheatfield.

Conte, 48, is accused of assaulting a 46-year-old man from the city. In a police report obtained by 2 On Your Side the alleged victim tells police what he said happened.

On the afternoon of Saturday, Sept. 5, the alleged victim, driving in his vehicle, was heading south on the 190 near Porter Road. Then, a motorcycle comes from behind him. The incident report says, “the motorcycle rider came up along side me and gave me and the car in front of me the middle finger.”

The vehicles then merged onto LaSalle Expressway. Conte allegedly follows the complainant at the end of the expressway near the intersection of Williams and River Roads. That’s when the driver says he pulled into a parking lot.

“The motorcycle followed me. He approached me and told me to get out of the car,” he told police.

“There was a verbal dispute following the incident on the road,” said Niagara County undersheriff Michael Filicetti, “Following the verbal dispute, our suspect took his helmet and struck the victim in the head and knocked him to the ground.”

Police say they don’t know what might have set the officer off. Three witnesses were at the scene.

“The witnesses essentially have told us what the victim told us. He was struck by a helmet and kicked after he was on the ground,” Filicetti said.

The alleged victim was taken to a hospital and is okay. According to police, the officer left the scene on his motorcycle.

REPORTER: What has the officer said throughout this case? Has he admitted to it? Is he sorry about it?

FILICETTI: “I can’t comment on that”

Police say they’re not aware of any video of the incident. 2 On Your Side has learned that Conte is a former president of the Niagara Falls police union. He’s suspended with pay. Niagara Falls police are conducting an internal investigation.

Investigators say they were eventually able to speak to Conte after the incident. Conte was arraigned last week. He pleaded not guilty and was released. He’s due back in court next month.