RFD captain retires amid allegations he forced firefighters to attend racist party

Rochester, N.Y. — The Rochester Fire Department captain accused of taking on-duty firefighters to a racist party has retired.

The City of Rochester says Capt. Jeffrey Krywy was required to leave the department following an investigation by the city.

"As of Monday, he has chosen to retire before termination proceedings begin," according to a statement from Rochester Mayor Malik Evans.

Firefighter Jerrod Jones filed a notice of claim against the city and department last week. He said he was working a regular shift on July 7 when Krywy brought him and two other firefighters to a party at a private mansion on East Avenue.

There, Jones said he was greeted by cut-outs of Donald Trump, Juneteenth flags, and buckets of Kentucky Fried Chicken. The court papers say pictures of local Democratic politicians were placed on stakes across the backyard, and a woman wearing a red wig was performing for attendees, impersonating Democratic County Legislator Rachel Barnhart, while the crowd shouted sexually explicit comments. He said the party was hosted by dentist Dr. Nicholas Nicosia and Mary Znidarsic-Nicosia.

Jones' attorney, Nate McMurray, announced the legal action on Thursday on the steps of Rochester City Hall. Jones says he was compelled to take legal action after he felt city officials and the RFD did not adequately address his complaint. He also says he was pressured by some to stay quiet.

“I’m sorry to have to even be here today but in order for things to change we have to do difficult things and one of those difficult things is speaking up against a department that you love with everything in you,” he said Thursday.

Jones was joined by some retired firefighters of color at City Hall, who said while they are proud to have worked for RFD, the department has a history of issues.

Evans said the city and department are committed to rectifying them.

"The underlying issues that bring us to today were not created in the last eight months. I thank Fire Chief Felipe Hernandez for his continued commitment to addressing the structural biases and cultural challenges within the RFD. We will share regular updates on our work to tackle these longstanding issues in the weeks to come," he said in a statement.

The Nicosias told 13WHAM Saturday they would be issuing a statement on the "unfortunate misconstrued portrayal of our family by uninvited guests to our home," but have yet to do so.

There are also allegations that the party featured an entertainer impersonating Democratic Monroe County Legislator Rachel Barnhart. She has called for an independent investigation into whether other first responders attended the party. Jones has said he saw at least one Rochester Police officer there. RPD said Thursday it is investigating internally.

"No investigation is complete until we learn who are the city employees who attended this party. Because of the mishandling of this incident so far, I do not have confidence the City can carry out such an investigation internally. I encourage other municipalities, including Monroe County, to join the City in pursuing such an investigation into the extent of their employees’ participation in this party," Barnhart said in a statement.

Rochester City Councilmember Stanley Martin is also calling for an independent investigation.

"I join the family of Jerrod Jones and his colleagues in calling for an independent investigation into the very serious allegations stemming from the vile Juneteenth party and ongoing acts of racism within the department. The investigation must also look into the presence of RPD Officers at the Juneteenth event and the claims of subsequent pressure from elected officials intended to silence Mr. Jones," Martin said.

This is a developing story. 13WHAM will provide updates as they become available.