A former East Hartford police officer pleaded guilty in U.S. District Court Tuesday to one count of possession of child pornography, according a spokesman for the U.S. Attorney's office.
Andrew W. Nielsen, 49, of South Windsor, pleaded guilty before U.S. District Judge Alfred V. Covello, Thomas Carson stated in a news release.
According to court documents, Nielsen bought several DVDs containing child pornography from a foreign company and had them shipped to his residence. The DVDs, which included pictures of pre-pubescent minors, were purchased between November 2010 and April 2011, Carson said.
Nielsen's home was searched on Nov. 1, 2012, and he was arrested the same day, he said. He resigned from the police department after his arrest.
Nielsen is scheduled to be sentenced on June 18. He faces a maximum prison term of 10 years and a fine of up to $250,000.
He has been free on bail and on electronic monitoring under the supervision of the U.S. Probation Office since November 2012, Carson said.
The charges stem from a postal service investigation that began in October 2010 into an international company that sold videos and photos believed to contain child pornography, according to Nielsen's arrest affidavit.
Investigators found Nielsen's name and invoice information in the company's database, the affidavit says, and were able to confirm that he was still receiving mail at his Pleasant Valley Road address.
They determined that over the course of about six months, Nielsen had purchased 49 DVDs from the company's website over 15 orders totaling $1,173.55, according to the affidavit.
The DVDs containing child pornography were found during the search, and Nielsen admitted to Postal Inspector Michael J. Connelly that he had ordered them and had them shipped to his house, the warrant states.
Multiple computers were also seized during the search.
The case is being prosecuted by Neeraj N. Patel, assistant U.S. attorney.
The prosecution is part of the U.S. Department of Justice's Project Safe Childhood Initiative. The program is intended to protect children from sexual abuse and exploitation, the release says.
Anyone who wants more information about Project Safe Childhood is asked to visit http://www.justice.gov/psc.
Those who wish to report cases of child exploitation are asked to visit http://www.cybertipline.com.
Tuesday, March 25, 2014
Former Officer Alex Robinson Charged with Sexual Assault on Child
This morning, 51-year-old Alex Robinson made his first court appearance in Colorado Springs. He was charged with two counts of sexual assault of a child in a position of trust.
The alleged crimes happened between June 1 and August 31 of 1996, while Robinson was visiting the state. The alleged victim was between 15 and 18 years old.
A preliminary hearing was scheduled for April 25.
Last week, Robinson made his first court appearance in Sedgwick County District Court facing similar charges:
Robinson was charged with two counts of aggravated criminal sodomy and three counts of aggravated indecent liberties in connection to crimes alleged to have occurred between 2000 and 2002. The victim in that case was 12 to 13 years old at the time.
He was also charged with aggravated indecent liberties with an 11-year-old that allegedly happened in June 2012.
Robinson is also facing two counts of indecent liberties with a 14-year-old, alleged to have occurred between August 2011 and September 2012.
He's scheduled to be back in court for a preliminary hearing in Sedgwick County on March 27.
Background:
Robinson was first arrested on similar charges in January of 2013 after a 24-year-old man came forward, alleging sex crimes that happened more than a decade prior when he was a juvenile. Crimes of that nature typically carry a 5-year statute of limitations, but Captain Brent Allred said last year that certain qualifiers could be met allowing charges to be filed in this case, several years after the statute expired.
He was free on bond until being arrested again this week.
Robinson was a 22-year veteran of the Wichita Police Department, retiring as a sergeant in 2006. He then took a job a security supervisor with Wichita Public Schools, but has not been back to work since his first arrest last year. A school district spokesperson said his employment is currently "under review."
Robinson was last interviewed by KAKE News in 2007 after receiving an award from then-President George W. Bush for volunteering more than 17,000 hours at the Boys and Girls Club.
Former Lt. Sarah Massa Charged with Stealing Prescription Pills
A former lieutenant with the Waukesha County Sheriff’s Department was accused Tuesday of obstructing state authorities investigating her for prescription pill theft.
Sarah L. Massa, 36, was charged Tuesday, March 25, in Waukesha County Circuit Court with misdemeanor theft and obstructing an officer, both misdemeanors.
She could face 18 months in prison and $20,000 in fines if convicted.
According to the criminal complaint, Waukesha Police contacted state authorities last year about the theft of opiate medication from the McDermott residence at 1501 Pewaukee Rd., Waukesha.
Massa was suspected of stealing the medication, which was prescribed to her grandmother, Leona McDermott, to treat pain related to terminal cancer, the complaint states.
Donald McDermott, Massa’s grandfather, told investigators that about 60 pills had gone missing after a Fourth of July party was held at the residence. He discovered that another 58 pills had gone missing in September.
In both instances Massa was at the home around the time the pills went missing. He said in the complaint that his granddaughter was a “good kid,” but she suffered from back pain and “something was going on.”
Investigators places a covert camera and a bottle of placebo pills in Donald McDermott’s bedroom in October and pills again went missing on Nov. 13.
Investigators reviewed the tape, which the complaint states was “very dark,” but it showed an individual in a police uniform with a gun holster entering the room and removing the fake pills from a nightstand.
Donald McDermott told investigators that Massa was at the residence at the time in question and identified the person as his granddaughter based on her profile.
Investigators spoke with Massa on Nov. 18. She told investigators in the complaint that she suspected her aunt was stealing the medication. She later admitted to taking the pills from the room, but claimed she knew they were not Percocet. When asked what she did with the pills, she said she consumed them all at once.
Massa went to her grandparent’s house on Nov. 21 and tried to talk Donald McDermott into dropping the charges, the complaint states. He told investigators that she admitted to taking the pills at that time.
Sheriff Daniel Trawicki said in a statement that he did not wish to speak on the matter because the case is ongoing. He said that Massa was placed on administrative leave in December and resigned from the force on Wednesday, March 5.
Sheriff's Department spokeswoman Jennifer Wallschlaeger previously said that Massa had been with the department since 2001.
Her husband, Chris Massa, was an officer with the Waukesha Police Department until he resigned in late February. Police Chief Russell Jack said in a news release he was being investigated at the time for sending sexually suggestive pictures or texts to his wife while on duty.
“Based on the information available we believe that we would have been able to substantiate the charges against him, and the investigation would have resulted in discipline up to and including termination,” he said.
The evidence that initiated that internal investigation, now closed, was located on his wife’s phone.
According to court records, the case against Massa will be prosecuted by District Attorney Brad Schimel.
She is expected to make an initial appearance in court on Monday, April 7.
Sarah L. Massa, 36, was charged Tuesday, March 25, in Waukesha County Circuit Court with misdemeanor theft and obstructing an officer, both misdemeanors.
She could face 18 months in prison and $20,000 in fines if convicted.
According to the criminal complaint, Waukesha Police contacted state authorities last year about the theft of opiate medication from the McDermott residence at 1501 Pewaukee Rd., Waukesha.
Massa was suspected of stealing the medication, which was prescribed to her grandmother, Leona McDermott, to treat pain related to terminal cancer, the complaint states.
Donald McDermott, Massa’s grandfather, told investigators that about 60 pills had gone missing after a Fourth of July party was held at the residence. He discovered that another 58 pills had gone missing in September.
In both instances Massa was at the home around the time the pills went missing. He said in the complaint that his granddaughter was a “good kid,” but she suffered from back pain and “something was going on.”
Investigators places a covert camera and a bottle of placebo pills in Donald McDermott’s bedroom in October and pills again went missing on Nov. 13.
Investigators reviewed the tape, which the complaint states was “very dark,” but it showed an individual in a police uniform with a gun holster entering the room and removing the fake pills from a nightstand.
Donald McDermott told investigators that Massa was at the residence at the time in question and identified the person as his granddaughter based on her profile.
Investigators spoke with Massa on Nov. 18. She told investigators in the complaint that she suspected her aunt was stealing the medication. She later admitted to taking the pills from the room, but claimed she knew they were not Percocet. When asked what she did with the pills, she said she consumed them all at once.
Massa went to her grandparent’s house on Nov. 21 and tried to talk Donald McDermott into dropping the charges, the complaint states. He told investigators that she admitted to taking the pills at that time.
Sheriff Daniel Trawicki said in a statement that he did not wish to speak on the matter because the case is ongoing. He said that Massa was placed on administrative leave in December and resigned from the force on Wednesday, March 5.
Sheriff's Department spokeswoman Jennifer Wallschlaeger previously said that Massa had been with the department since 2001.
Her husband, Chris Massa, was an officer with the Waukesha Police Department until he resigned in late February. Police Chief Russell Jack said in a news release he was being investigated at the time for sending sexually suggestive pictures or texts to his wife while on duty.
“Based on the information available we believe that we would have been able to substantiate the charges against him, and the investigation would have resulted in discipline up to and including termination,” he said.
The evidence that initiated that internal investigation, now closed, was located on his wife’s phone.
According to court records, the case against Massa will be prosecuted by District Attorney Brad Schimel.
She is expected to make an initial appearance in court on Monday, April 7.
Former Lt. Dennis P Jenks Pleads Guilty to Repeated Sexual Assault of Child
Under a plea agreement, prosecutors will ask for no more than 15 years in prison for Dennis P. Jenks, 45, who was arrested on Feb. 13, 2013, after his relationship with the boy was discovered during the investigation of another sex assault case also involving the boy.
The plea agreement also called for the dismissal of 32 other felonies, including sexual exploitation and possession of child pornography, but Dane County Circuit Judge Ellen Berz can take those charges into consideration when she sentences Jenks on April 21.
Jenks still faces a federal charge of sexual exploitation of a child. But his lawyer, Nicholas Rifelj, told Berz that under an agreement with federal prosecutors, the federal charge would be dismissed if Jenks receives at least 15 years in prison in the state case.
A 15-year sentence is the mandatory minimum for the federal exploitation charge, but because both the state and federal charges arise from the same actions, Jenks could only be given overlapping sentences, not consecutive state and federal sentences.
Jenks resigned from his job with Mount Horeb police after he was charged with sexual assault.
According to a criminal complaint, the boy, a runaway, moved into Jenks’ apartment in October 2012 after meeting on an Internet chat website.
In the meantime, neighbors of James “Alex” Gillespie, a former church music director, complained to police about parties at Gillespie’s home in Middleton. During their investigation, police learned that the 14-year-old boy had been having sex with Gillespie, and that the boy was living with Jenks at the time.
That information led to Jenks’ arrest.
In October, Gillespie was sentenced to 15 years of probation, with one year in jail as part of his probation. He is still serving the jail portion of his sentence.
Jenks could be sentenced to up to 25 years in prison with 15 years of extended supervision for the repeated sexual assault of a child conviction.
Jailer Amy Beth Minor Accused of Hitting Woman Over Head with Whiskey Bottle
A Sequoyah County jailer was arrested after she was accused of hitting a woman over the head with a whiskey bottle during an argument outside a Sallisaw business.
Amy Beth Minor, 28, was taken into custody Friday by Sallisaw police on complaints of aggravated assault and assault and battery with a sharp or dangerous weapon with intent to injure, according to an arrest report.
The report states that police were dispatched to the 2700 block of West Cherokee just before 11 p.m. Friday where Minor and other woman had been involved in an argument that began over a text message.
The woman told officers at the scene that Minor became angry, spit on her and struck her over the head with a half-gallon whiskey bottle, the report said.
Detectives noted in the report that the woman was bleeding from the head and that she had to change shirts “due to the amount of blood that she already lost.”
When contacted by police, Minor explained that “she didn’t mean to hurt anyone” and that she hit the woman with the bottle after the woman attempted to punch her, said the report.
Officer Geoffrey Graves Charged with Forcible Rape
Judge Hector Ramon ordered Geoffrey Evatt Graves to surrender any gun he has to the San Jose Police Department and issued a protective order preventing him from communicating with Graves' female accuser, Deputy District Attorney Carlos Vega said.
Graves, who is free on $100,000 bail, was formally arraigned today on a charge of forcible rape in an alleged sexual assault last Sept. 22 of a woman whom Graves had just dropped off at a hotel to separate her and her husband who had been in a domestic dispute.
The officer, a Gilroy resident who is on administrative leave from the Police Department, appeared in court dressed in a dark suit and had his attorney Darlene Bagley speak on his behalf to Ramon.
The judge set a hearing for Graves to enter a plea to the felony charge for April 14 in the Hall of Justice in San Jose.
The protective or "stay away" order prohibits Graves from being within 300 yards of the victim, who is not being identified, Vega said.
At about 2 a.m. last Sept. 22, Graves responded while on duty with a second officer to an argument between the victim and her husband, who both had been consuming alcohol, at their San Jose residence, according to police.
The woman told officers she wanted to spend the night at a hotel where she once worked and Graves drove her there at about 2:30 a.m.
But according to prosecutors, he returned about 15 minutes later, knocked on the door, went into the room, threw the woman on the bed, took off parts of his uniform and her clothing and raped her.
The officer earlier had called his position in to police and then left for about 35 minutes, according to information from gathered satellite technology, Vega said.
The woman reported the incident to police on Oct. 15 and after a five-month investigation, police developed enough evidence corroborating her story to justify issuing a warrant for Graves' arrest on suspicion of forcible rape on March 10, according to police.
Graves, was booked into the Santa Clara County Main Jail, posted his bail and was released later that day.
If Graves is convicted of the charge, a judge could sentence him to three, six or nine years in prison under state sentencing guidelines, Vega said.
Based on the facts in the case, the district attorney's office would have prosecuted the case to the fullest regardless of who the defendant was, Vega said.
"However, there is a public factor involved," Vega said. "You have a member of our society who has been entrusted to follow the law, to enforce the law and ever since you are born and raised you were told to always obey the police and to do what you were told and they'd be there to help you, and in this case it hasn't."
The Police Department "has been very cooperative" and professional with prosecutors but "isn't happy" about the case, Vega said.
"I know our office and I think the community isn't happy about it," he said. "But I want to assure the community that everything is going to be above board and we are going to handle this like we would any other case."
Corrections Officer Terrence Pendergrass Charged with Violating Civil Rights of Mentally Ill Inmate
A New York City correction officer was arrested on Monday by the Federal Bureau of Investigation and charged with violating the civil rights of a mentally ill inmate who died after begging for medical help from his cell for hours.
The officer, Terrence Pendergrass, was supervising the Rikers Island unit where the prisoner was being held and, according to the criminal complaint filed Monday, Mr. Pendergrass ignored subordinates who warned that the prisoner, Jason Echevarria, was in distress and needed aid. Mr. Echevarria, who was 25, was found dead hours later.
The charge in the August 2012 death comes as the city faces mounting scrutiny over conditions on Rikers Island and in particular the treatment of mentally ill inmates, whose numbers have surged in recent years. Mayor Bill de Blasio, in naming his correction commissioner, Joseph Ponte, said this month that the department had “sadly lagged behind other corrections systems.” He has vowed reforms.
Last week, news reports detailed the recent death of a mentally ill inmate who was left unattended for hours in an overheated cell on Rikers, where he was being held on a misdemeanor trespassing charge. Advocates for the mentally ill say that the deaths are emblematic of the neglect and indifference that are common at Rikers, the vast city jail complex in the East River, where violent encounters between inmates and guards have been on the rise in recent years.
The Bronx district attorney’s office periodically brings charges against Rikers guards for excessive force, but the complaint filed on Monday by the United States attorney for the Southern District of New York represents the first time in at least a decade that the office has brought a civil rights prosecution in connection with Rikers.
Charged with one count of deprivation of rights under the color of law, Mr. Pendergrass appeared in Federal District Court in Manhattan on Monday afternoon and was released on $250,000 bond. The charge carries a maximum penalty of 10 years in prison.
The criminal complaint filed by prosecutors paints a picture of stark official indifference, alleged to have been directed by Mr. Pendergrass, 49, who was a captain at the time but was demoted back to officer after the episode.
On Aug. 18, 2012, Mr. Echevarria swallowed a toxic packet of powdered detergent, known at Rikers as a soap ball, that had been given to inmates to clean out their cells after a leak of raw sewage from the toilets. After ingesting the soap ball, Mr. Echevarria began vomiting and complaining of severe pain.
When a correction officer alerted Captain Pendergrass to Mr. Echevarria’s condition, the captain told the officer not to bother him unless “there was a dead body,” the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
Under Department of Correction rules, correction officers must dilute the soap balls in several gallons of water before providing them to inmates. But the officer distributing them was new and not aware of the rule, according to the complaint.
About 4:30 p.m. Mr. Echevarria began banging on his cell door, telling a correction officer that he needed help after ingesting the soap ball, according to the complaint. That officer informed Captain Pendergrass of Mr. Echevarria’s condition. Captain Pendergrass told the officer that he should not be bothered “if there were live inmates in cells,” according to the complaint.
A short time later, the correction officer returned to Captain Pendergrass after seeing vomit on the window and floor of Mr. Echevarria’s cell. The captain told the officer that Mr. Echevarria should “hold it,” according to the complaint.
Captain Pendergrass’s shift ended at 11 p.m., and Mr. Echevarria had still received no medical attention, the complaint said. Several other correction officers passed through Mr. Echevarria’s unit that afternoon, evening and overnight. About 8:30 the next morning, he was found dead in his cell.
On Monday, a spokesman for the Correction Department said that immediately after the death, Mr. Pendergrass, who joined the department in 1996, was placed on modified duty. He was demoted in July 2013, and on Monday he was suspended without pay.
One correction officer, Raymond Castro, was fired after Mr. Echevarria’s death. Mr. Castro then filed a wrongful termination suit against the city and the Correction Department, claiming that he alerted Captain Pendergrass several times to Mr. Echevarria’s worsening condition and was rebuffed. In his complaint, he also claimed that he tried to call medical personnel on his own, but was stopped by Captain Pendergrass, who ordered him to return to his post.
Mr. Echevarria’s father, Ramon, filed a lawsuit in 2013 against Mr. Pendergrass and several other Rikers personnel, alleging that they violated his son’s constitutional rights.
Ramon Echevarria declined to speak to a reporter about the case on Monday.
The officer, Terrence Pendergrass, was supervising the Rikers Island unit where the prisoner was being held and, according to the criminal complaint filed Monday, Mr. Pendergrass ignored subordinates who warned that the prisoner, Jason Echevarria, was in distress and needed aid. Mr. Echevarria, who was 25, was found dead hours later.
The charge in the August 2012 death comes as the city faces mounting scrutiny over conditions on Rikers Island and in particular the treatment of mentally ill inmates, whose numbers have surged in recent years. Mayor Bill de Blasio, in naming his correction commissioner, Joseph Ponte, said this month that the department had “sadly lagged behind other corrections systems.” He has vowed reforms.
Last week, news reports detailed the recent death of a mentally ill inmate who was left unattended for hours in an overheated cell on Rikers, where he was being held on a misdemeanor trespassing charge. Advocates for the mentally ill say that the deaths are emblematic of the neglect and indifference that are common at Rikers, the vast city jail complex in the East River, where violent encounters between inmates and guards have been on the rise in recent years.
The Bronx district attorney’s office periodically brings charges against Rikers guards for excessive force, but the complaint filed on Monday by the United States attorney for the Southern District of New York represents the first time in at least a decade that the office has brought a civil rights prosecution in connection with Rikers.
Charged with one count of deprivation of rights under the color of law, Mr. Pendergrass appeared in Federal District Court in Manhattan on Monday afternoon and was released on $250,000 bond. The charge carries a maximum penalty of 10 years in prison.
The criminal complaint filed by prosecutors paints a picture of stark official indifference, alleged to have been directed by Mr. Pendergrass, 49, who was a captain at the time but was demoted back to officer after the episode.
On Aug. 18, 2012, Mr. Echevarria swallowed a toxic packet of powdered detergent, known at Rikers as a soap ball, that had been given to inmates to clean out their cells after a leak of raw sewage from the toilets. After ingesting the soap ball, Mr. Echevarria began vomiting and complaining of severe pain.
When a correction officer alerted Captain Pendergrass to Mr. Echevarria’s condition, the captain told the officer not to bother him unless “there was a dead body,” the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
Under Department of Correction rules, correction officers must dilute the soap balls in several gallons of water before providing them to inmates. But the officer distributing them was new and not aware of the rule, according to the complaint.
About 4:30 p.m. Mr. Echevarria began banging on his cell door, telling a correction officer that he needed help after ingesting the soap ball, according to the complaint. That officer informed Captain Pendergrass of Mr. Echevarria’s condition. Captain Pendergrass told the officer that he should not be bothered “if there were live inmates in cells,” according to the complaint.
A short time later, the correction officer returned to Captain Pendergrass after seeing vomit on the window and floor of Mr. Echevarria’s cell. The captain told the officer that Mr. Echevarria should “hold it,” according to the complaint.
Captain Pendergrass’s shift ended at 11 p.m., and Mr. Echevarria had still received no medical attention, the complaint said. Several other correction officers passed through Mr. Echevarria’s unit that afternoon, evening and overnight. About 8:30 the next morning, he was found dead in his cell.
On Monday, a spokesman for the Correction Department said that immediately after the death, Mr. Pendergrass, who joined the department in 1996, was placed on modified duty. He was demoted in July 2013, and on Monday he was suspended without pay.
One correction officer, Raymond Castro, was fired after Mr. Echevarria’s death. Mr. Castro then filed a wrongful termination suit against the city and the Correction Department, claiming that he alerted Captain Pendergrass several times to Mr. Echevarria’s worsening condition and was rebuffed. In his complaint, he also claimed that he tried to call medical personnel on his own, but was stopped by Captain Pendergrass, who ordered him to return to his post.
Mr. Echevarria’s father, Ramon, filed a lawsuit in 2013 against Mr. Pendergrass and several other Rikers personnel, alleging that they violated his son’s constitutional rights.
Ramon Echevarria declined to speak to a reporter about the case on Monday.
Former Officer Henry Arroyo Jr Accused of Molesting Girl
The Florida Department of Law Enforcement said Henry Arroyo Jr., 41, turned himself in on lewd and lascivious molestation charges Monday morning.
According to the FDLE report, Arroyo sexually abused the girl when she was 10 years old and continued to do so for more than a year.
An investigation began in December after the girl, now 14, reported he had abused her.
According to the report, the girl claimed Arroyo would force her to touch his genitals.
Arroyo was being held at the Monroe County Detention Center on $100,000 bond.
Foster Teen Accuses Det. Oldy Ochoa of Sexual Abuse
A foster teen's allegations included in a search warrant the Pembroke Pines clerk’s office released Monday read like a script for porn.
The characters: A veteran Miami Beach detective and a teenage girl with a criminal record trying to graduate from high school. The dark twist: She was in foster care and was living in Miami Beach Det. Oldy Ochoa's home with his wife -- a retired Miami Beach police officer. They have three sons and two step-sons.
Pembroke Pines Police Capt. Al Xiques said the investigation is ongoing.
"We are waiting on the results of DNA tests," Xiques said. "Those usually take a few weeks."
It was a day before Valentine’s Day. The two were in an unmarked 2013 silver Ford Fusion Miami Beach police car with dark tinted windows. Ochoa was taking the teen to Florida Career College, 7891 Pines Blvd., in Pembroke Pines, when he allegedly decided to park "in a secluded alley."
They kissed "in a passionate manner," the girl said. Oral sex followed. The girl "straddled on top" of the officer who was in the driver's seat. He didn't wear a condom and used a towel to clean himself.
The girl said she and the detective, a 24-year-veteran with Miami Beach police, "were often flirtatious with each other" via e-mail and Facebook. He also used his mobile phone to take pictures of her "while she posed," a search warrant said.
There was a second time when he used a condom, but he dropped it on the floor, the girl told police March 4. Six days later, Pembroke Pines police detectives took DNA swabs and a towel from the Miami Beach police car.
"We are cooperating with the Pembroke Pines Police Department to make sure there is a thorough investigation," Miami Beach Chief Raymond Martinez said in a statement earlier this month.
The Department of Children and Families spokeswoman Paige Patterson-Hughes said in an e-mail earlier this month the abuse report and the girl's status were confidential.
The Ochoa family declined to comment. And Miami Beach police said the detective remains suspended with pay pending the results of the investigation.
The characters: A veteran Miami Beach detective and a teenage girl with a criminal record trying to graduate from high school. The dark twist: She was in foster care and was living in Miami Beach Det. Oldy Ochoa's home with his wife -- a retired Miami Beach police officer. They have three sons and two step-sons.
Pembroke Pines Police Capt. Al Xiques said the investigation is ongoing.
"We are waiting on the results of DNA tests," Xiques said. "Those usually take a few weeks."
It was a day before Valentine’s Day. The two were in an unmarked 2013 silver Ford Fusion Miami Beach police car with dark tinted windows. Ochoa was taking the teen to Florida Career College, 7891 Pines Blvd., in Pembroke Pines, when he allegedly decided to park "in a secluded alley."
They kissed "in a passionate manner," the girl said. Oral sex followed. The girl "straddled on top" of the officer who was in the driver's seat. He didn't wear a condom and used a towel to clean himself.
The girl said she and the detective, a 24-year-veteran with Miami Beach police, "were often flirtatious with each other" via e-mail and Facebook. He also used his mobile phone to take pictures of her "while she posed," a search warrant said.
There was a second time when he used a condom, but he dropped it on the floor, the girl told police March 4. Six days later, Pembroke Pines police detectives took DNA swabs and a towel from the Miami Beach police car.
"We are cooperating with the Pembroke Pines Police Department to make sure there is a thorough investigation," Miami Beach Chief Raymond Martinez said in a statement earlier this month.
The Department of Children and Families spokeswoman Paige Patterson-Hughes said in an e-mail earlier this month the abuse report and the girl's status were confidential.
The Ochoa family declined to comment. And Miami Beach police said the detective remains suspended with pay pending the results of the investigation.
Former Officer Christopher Bowersox Caught Accessing Porn
Christopher Bowersox was first arrested in February 2010, accused of possessing and distributing child pornography. The FBI stated he had child pornography images on his home computer and took part in online chats in which he discussed raping, mutilating and killing young boys.
He resigned from the Bakersfield Police Department in early 2010, a few months after the child pornography investigation was launched. Bowersox had headed up the police anti-graffiti unit for a time.
Last year, Bowersox, who was released from prison, violated his parole by accessing pornography on the Internet.
Monday, the federal judge in Fresno also re-imposed a term of supervision for 117 months, during which Bowersox will be required to register as a sex offender, and his access to minors, computers and the Internet will be restricted.
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