Police assert they did nothing wrong in Vicosa tragedy - after agreeing to a $3M settlement

Last week, a $3 million settlement in a case involving the deaths of Marisa Vicosa’s two young daughters was approved in York County Court.

The agreement outlined the York County Regional Police department’s missteps and errors in handling the case, including alleged inaction by its chief, Tim, Damon, and one of his lieutenants, Kenneth Schollenberger, to serve Marisa’s estranged husband with an emergency Protection from Abuse Order and execute a search warrant at the family’s Windsor Township home.

After York County Judge Clyde Vedder approved the settlement agreement, the attorney for the police department filed a brief response acknowledging that a settlement in the case had been reached but denying that the police department had “any liability on its behalf of that of its agents for the tragic consequences of the violent and murderous acts of Robert Vicosa."

The police department also denied that “any asserted act or failure to act … caused, or contributed to, the deaths of Giana Vicosa and Aaminah Vicosa,” according to the three-page response filed by the department’s attorney, Gregory Hirtzel, of Lancaster.

Robert Vicosa, a disgraced Baltimore County police officer, killed his daughters, Gianna, 7, and Aaminah, 6, after a weeklong ordeal that began with the restraint, drugging, torturing and rape of Marisa.

On Nov. 12, a Friday, Vicosa lured his estranged wife to the home they had previously shared under the auspices of celebrating her birthday with her daughters. Marisa had been living with her mother and the couple shared custody of their daughters.

After the girls went to bed, Vicosa and a friend, Tia Bynum, also a Baltimore County police officer, restrained Marisa and forced her to ingest an unknown drug. Then, Vicosa repeatedly raped her that night and into the next day. Robert Vicosa threatened to kill her, her family and their children if she tried to leave.

Marisa was able to convince her estranged husband to allow her to leave the house the afternoon of Nov. 14, ostensibly to return to her mother’s house to fetch clothing and her laptop. Robert Vicosa again threatened to kill her, her family and their children if she did not return or sought help from the police.

Previously:Torture, rape, murder & police negligence: Vicosa settlement details tragic failures by cops

The manhunt:Seven days of horror end on a rural Maryland road with two ex-cops and two girls dead

Marisa did contact the police and York County Regional Police Cpl. Daniel Miller, the shift supervisor, called Schollenberger, who declined to report for duty to supervise any plan to rescue the children, who the corporal determined to be in grave danger. Schollenberger then contacted Damon, who also chose not to report for duty.

Miller and his fellow officers came up with an alternative plan, having Marisa file for an emergency PFA and seeking a search warrant for the Vicosa family home on Pleader Lane. Schollenberger and Damon approved the plan, as did an on-duty assistant district attorney.