A Fall River police officer arrested in Swansea on charges he kicked a woman has retired from the force, Fall River’s police chief confirmed Monday.
While Fall River’s chief did not elaborate on the charges against Lt. Eduardo Raposo, Swansea Police Chief George Arruda said the officer was arrested at 9:30 p.m. last Wednesday night after Swansea police were called to a home on Kensington Court.
Arruda said officers were met in the driveway by a woman who told them Raposo kicked her while he was intoxicated. She also reportedly told officers Raposo had a gun and he was waiving it around. Arruda said Raposo was inside the home and turned over to police a 9mm gun – which was locked in a safe.
Arruda said Swansea police charged Raposo with assault and battery with a dangerous weapon and carrying a firearm while intoxicated.
Following Raposo’s arrest, Fall River Police Chief Daniel S. Racine said he immediately suspended Raposo’s license to carry a firearm and began the process for a termination hearing.
“To say I am disturbed about this latest incident would be a gross understatement,” Racine said in a statement Monday. “The conduct detailed by the Swansea Police Department is disturbing and will not be tolerated by the Fall River Police Department.”
However, before that termination process played out, Racine said he got word from Fall River’s Retirement Board that on May 15 Raposo retired from the Fall River Police Dept. effective immediately.
Racine said Lt. Raposo, by retiring, removed himself the department’s purview of rules, regulations, and disciplinary procedures.
Showing posts with label Massachusetts. Show all posts
Showing posts with label Massachusetts. Show all posts
Monday, May 19, 2014
Friday, April 25, 2014
Officers David Ayotte & John Melanson Accused of Excessive Force
Investigators have uncovered allegations that two Bellingham, Mass., police officers using excessive force falsely arrested a woman.
The troubling events leading up to the arrest were all caught on camera. Team 5 Investigates' Kathy Curran obtained the exclusive video showing exactly what happened.
Holly Graham, 29, struggled with the two police officers moments before she was placed under arrest in October 2012.
Watch video of encounter with police
The events leading up to her arrest were recorded by Graham on her iPhone which show her questioning the officers as they were leaving her apartment. Graham told Team 5 she wanted to know why they showed up at her apartment, knocked down her door and searched her home without a warrant.
According to the police report, Officer David Ayotte and Officer John Melanson were looking for Graham's friend who was wanted by police on an outstanding warrant. Graham claims police told her they were responding to a complaint for loud music.
"Where's the warrant at? You came for loud music, right? That's what you came for? What's that? Loud music?" the video records Graham shouting as she followed both officers down stairs.
A short struggle then ensued in the stairway when the phone was dropped and the video shows Graham on the ground with Ayotte on top of her.
"Can you tell me what was happening at that point?" asked Team 5 Investigates' Curran.
"He had pushed my head into my stairs which split my lip and he was pushing my head against the stairs," said Graham.
Ayotte then accused her of threatening him with a fork as Melanson stood nearby.
"You got a fork in your hand, you come after me?" asked Ayotte.
"I'm not coming after you. I did not come after you," said Graham.
"Who the (expletive) do you think you are?" asked Ayotte.
"I did not come after you," reiterated Graham.
"You're going to jail now, (expletive)," said Ayotte.
According to the police report, Ayotte wrote he felt threatened and at a disadvantage. He said during the skirmish the fork struck the side of his head leaving abrasions.
"You never threatened with a fork?" asked Curran.
"Never," answered Graham.
"Why did you have a fork in your hand," asked Curran.
"I was cooking dinner, I didn't realize I had the fork in my hand," said Graham.
The officers threatened to use chemical spray on her twice. Graham was arrested and charged with assault and battery with a dangerous weapon, resisting arrest, disorderly conduct and assault and battery on a police officer. Prosecutors later dismissed all of the charges.
"Had she not had the videotape, she might have ended up being convicted because it would have been her word against the word of two police officers," said attorney Howard Friedman, who is representing Graham.
Friedman has filed a lawsuit in federal court against officers Ayotte and Melanson alleging they violated Graham's civil rights by illegally entering her apartment, falsely arresting her and using excessive force.
Ayotte declined Team 5's requests for an interview.
"We'd like to ask you some questions about the incident with Holly Graham," said Curran.
"I have no comment, I'm sorry," said Ayotte.
"You think this was a case of excessive force?" asked Curran.
"I have no comment," said Ayotte.
His attorney, Kareem Morgan, told Team 5 Investigates Ayotte believes his actions were justified and he did what was necessary to defend himself.
Melanson never got back to Team 5 Investigates despite repeated requests for comment.
"I look at police a whole other way now. You know, I don't look at them as protectors or public servants. I fear them and you shouldn't fear the people who are supposed to help you," said Graham.
Bellingham Police Chief Gerry Daigle told Team 5 Investigates his department did not conduct an internal investigation because he believes his officers' actions were justified.
This wasn't the first time the police officers involved had contact with Graham. At the time of this incident, Graham had faced charges in several different cases but was never convicted.
The troubling events leading up to the arrest were all caught on camera. Team 5 Investigates' Kathy Curran obtained the exclusive video showing exactly what happened.
Holly Graham, 29, struggled with the two police officers moments before she was placed under arrest in October 2012.
Watch video of encounter with police
The events leading up to her arrest were recorded by Graham on her iPhone which show her questioning the officers as they were leaving her apartment. Graham told Team 5 she wanted to know why they showed up at her apartment, knocked down her door and searched her home without a warrant.
According to the police report, Officer David Ayotte and Officer John Melanson were looking for Graham's friend who was wanted by police on an outstanding warrant. Graham claims police told her they were responding to a complaint for loud music.
"Where's the warrant at? You came for loud music, right? That's what you came for? What's that? Loud music?" the video records Graham shouting as she followed both officers down stairs.
A short struggle then ensued in the stairway when the phone was dropped and the video shows Graham on the ground with Ayotte on top of her.
"Can you tell me what was happening at that point?" asked Team 5 Investigates' Curran.
"He had pushed my head into my stairs which split my lip and he was pushing my head against the stairs," said Graham.
Ayotte then accused her of threatening him with a fork as Melanson stood nearby.
"You got a fork in your hand, you come after me?" asked Ayotte.
"I'm not coming after you. I did not come after you," said Graham.
"Who the (expletive) do you think you are?" asked Ayotte.
"I did not come after you," reiterated Graham.
"You're going to jail now, (expletive)," said Ayotte.
According to the police report, Ayotte wrote he felt threatened and at a disadvantage. He said during the skirmish the fork struck the side of his head leaving abrasions.
"You never threatened with a fork?" asked Curran.
"Never," answered Graham.
"Why did you have a fork in your hand," asked Curran.
"I was cooking dinner, I didn't realize I had the fork in my hand," said Graham.
The officers threatened to use chemical spray on her twice. Graham was arrested and charged with assault and battery with a dangerous weapon, resisting arrest, disorderly conduct and assault and battery on a police officer. Prosecutors later dismissed all of the charges.
"Had she not had the videotape, she might have ended up being convicted because it would have been her word against the word of two police officers," said attorney Howard Friedman, who is representing Graham.
Friedman has filed a lawsuit in federal court against officers Ayotte and Melanson alleging they violated Graham's civil rights by illegally entering her apartment, falsely arresting her and using excessive force.
Ayotte declined Team 5's requests for an interview.
"We'd like to ask you some questions about the incident with Holly Graham," said Curran.
"I have no comment, I'm sorry," said Ayotte.
"You think this was a case of excessive force?" asked Curran.
"I have no comment," said Ayotte.
His attorney, Kareem Morgan, told Team 5 Investigates Ayotte believes his actions were justified and he did what was necessary to defend himself.
Melanson never got back to Team 5 Investigates despite repeated requests for comment.
"I look at police a whole other way now. You know, I don't look at them as protectors or public servants. I fear them and you shouldn't fear the people who are supposed to help you," said Graham.
Bellingham Police Chief Gerry Daigle told Team 5 Investigates his department did not conduct an internal investigation because he believes his officers' actions were justified.
This wasn't the first time the police officers involved had contact with Graham. At the time of this incident, Graham had faced charges in several different cases but was never convicted.
Thursday, March 20, 2014
Retired Officer Lawrence Stead Arrested for Leaving the Scene of Accident
The crash happened around 6 a.m. on Wednesday in front of the Mass. Ave. T station.
The victim, said to be a middle-aged man, was rushed to Boston Medical Center with serious injuries. Police say he may have been in the crosswalk at the time of the crash.
Within hours of the crash, police found the gray 4-door 1999 Mercury Grand Marquis with Mass. license plate 145G that fled toward Columbus Avenue after the crash. The driver, 69-year-old Lawrence Stead of Quincy, was later arrested and charged with leaving the scene of a motor vehicle accident causing personal injury.
Cambridge police confirm that Stead is a former officer in that city. He retired in 2009 after 35 years with the department. Stead was released on $10,000 bail and will be arraigned on Thursday.
The 300-block of Mass Ave. was closed through the morning commute.
Thursday, March 13, 2014
Lt. Thomas Foye Charged with Stealing Drugs from Evidence Locker
A high-ranking Ludlow police officer charged with stealing drugs from the department's evidence locker has been suspended without pay.
Lt. Thomas Foye had been suspended with pay since his arrest in August, but because he was indicted by a grand jury last week, the town's Select Board voted unanimously Tuesday to suspend him without pay.
According to court documents, video surveillance captured the 49-year-old Foye entering the locked narcotics locker at the police station, where he appears to handle and open evidence bags. He is charged with tampering with evidence, theft of drugs from a dispensary and cocaine possession.
In a brief statement at Tuesday's board meeting, the 25-year veteran thanked the board and said he "went into surgery a hero and came out a drug addict."
Lt. Thomas Foye had been suspended with pay since his arrest in August, but because he was indicted by a grand jury last week, the town's Select Board voted unanimously Tuesday to suspend him without pay.
According to court documents, video surveillance captured the 49-year-old Foye entering the locked narcotics locker at the police station, where he appears to handle and open evidence bags. He is charged with tampering with evidence, theft of drugs from a dispensary and cocaine possession.
In a brief statement at Tuesday's board meeting, the 25-year veteran thanked the board and said he "went into surgery a hero and came out a drug addict."
Saturday, March 08, 2014
Man Arrested for Videotaping Police
A Fall River man says he was recording a police officer who was out of control, but instead, he was arrested and his cell phone was seized.
Now the video he recorded is gone. Police say he erased it, even though they were the ones holding the phone.
George Thompson says last January he was just sitting on his front porch, watching a Fall River police officer working a paid detail. Thompson says the officer was on his phone and was swearing very loud.
That’s when Thompson pulled out his phone. Thompson says Officer Tom Barboza then rushed him and arrested him, charging him with unlawful wiretapping.
But in Massachusetts it’s perfectly legal to record video and audio of a public official, including police, as long as they are performing their duties and the recording isn’t hidden. Barboza’s own police report shows that Thompson acknowledged he was recording the officer.
“I think we all have our basic rights and I think people should not record others secretly or surreptitiously,” Fall River Police Chief Daniel Racine told WPRI.
Thompson was released from jail, but police kept his phone and that’s where the story takes an interesting turn.
Thompson claims that two days after his arrest, his phone, which was locked up at the police station, somehow had all of the video erased.
“If a Fall River police officer erased that video, he’s fired,” Chief Racine said. “And I would suspect the district attorney would take out charges.”
George Thompson is not buying it. “They’re investigating themselves and there’s a code of blue and everybody knows that,” Thompson says.
Now the video he recorded is gone. Police say he erased it, even though they were the ones holding the phone.
George Thompson says last January he was just sitting on his front porch, watching a Fall River police officer working a paid detail. Thompson says the officer was on his phone and was swearing very loud.
That’s when Thompson pulled out his phone. Thompson says Officer Tom Barboza then rushed him and arrested him, charging him with unlawful wiretapping.
But in Massachusetts it’s perfectly legal to record video and audio of a public official, including police, as long as they are performing their duties and the recording isn’t hidden. Barboza’s own police report shows that Thompson acknowledged he was recording the officer.
“I think we all have our basic rights and I think people should not record others secretly or surreptitiously,” Fall River Police Chief Daniel Racine told WPRI.
Thompson was released from jail, but police kept his phone and that’s where the story takes an interesting turn.
Thompson claims that two days after his arrest, his phone, which was locked up at the police station, somehow had all of the video erased.
“If a Fall River police officer erased that video, he’s fired,” Chief Racine said. “And I would suspect the district attorney would take out charges.”
George Thompson is not buying it. “They’re investigating themselves and there’s a code of blue and everybody knows that,” Thompson says.
Friday, March 07, 2014
Retired Officer Walter Sasse Arrested for Sexual Assault of Teen Girl
A retired Philadelphia police officer has been arrested and charged with the alleged sexual assault of a teenage girl.
According to Philly, Walter Sasse was charged on Wednesday with a number of crimes, including unlawful contact with a minor, corruption of minors, sexual assault and indecent exposure. In total, he has been charged with nine crimes.
The charges stem from an alleged sexual assault that happened in 2011. However, authorities believe that the 75-year-old had a relationship with the teen for years.
WPVI has reported that Sasse met the victim when she was 15-years-old at Courtesy Stables, where she rode horses. The retired cop was employed by the stables and investigators said that the girl also began working there and that's when the alleged sexual contact started.
Police would not release any further details about the victim because of her age.
Sasse, who is a 20-year veteran of the force, was most recently assigned to the PPD’s mounted unit. He was released on $50,000 bond and is scheduled to be back in court on March 25th.
According to Philly, Walter Sasse was charged on Wednesday with a number of crimes, including unlawful contact with a minor, corruption of minors, sexual assault and indecent exposure. In total, he has been charged with nine crimes.
The charges stem from an alleged sexual assault that happened in 2011. However, authorities believe that the 75-year-old had a relationship with the teen for years.
WPVI has reported that Sasse met the victim when she was 15-years-old at Courtesy Stables, where she rode horses. The retired cop was employed by the stables and investigators said that the girl also began working there and that's when the alleged sexual contact started.
Police would not release any further details about the victim because of her age.
Sasse, who is a 20-year veteran of the force, was most recently assigned to the PPD’s mounted unit. He was released on $50,000 bond and is scheduled to be back in court on March 25th.
Tuesday, February 04, 2014
Officer Rajat Sharda Arrested for Rape
Police said the incident occurred at Bancroft Tower in August 2013 while Officer Rajat Sharda was "working as a police officer."
According to court records, Officer Sharda allegedly asked a woman what she would be willing to do to avoid arrest and "made her do something against her will in exchange for not being arrested."
The woman told department investigators the officer exposed himself to her and raped her digitally, according to court records. Reports also accuse the officer of taking the woman's bed comforter, which she had her in possession at the time, and threatening her to keep quiet.
The woman told police that Officer Sharda said she "better not talk about this and if she did, he would find her, her children and her family."
Worcester police received the complaint sometime after the alleged incident, which allegedly occurred at Bancroft Tower, on Bancroft Tower Road.
Officer Sharda, 32, of Worcester, was arrested Monday night in Hudson and arraigned Tuesday in Central District Court. He is charged with aggravated rape, extortion by a police officer, open and gross lewdness, armed robbery and witness intimidation. Police list the officer as living in Hudson, but court records list a Worcester address.
Officer Sharda was placed on restricted duty while the case was being investigated by the department's sexual assault unit. Worcester police did not specify when the complaint was filed.
"Worcester police launched an extensive investigation into the allegations made against Mr. Sharda," police said in a news release. "Based on the findings in the investigation, Worcester police obtained an arrest warrant for Mr. Sharda."
Not-guilty pleas were entered during Tuesday's arraignment. Officer Sharda posted $7,500 bail. He is due to return to court on March 25.
The officer, who is the only Indian officer on the department, was also ordered to turn in his passport.
Bruce Hopper, the officer's lawyer, said his client denies the allegations.
"For this officer, there is more to this than just defending himself in court against false allegations," Mr. Hopper said. "Now he must defend his honor as well."
Mr. Hopper said his client was recalled to the Worcester Department in December 2011 after being part of the 2009 graduating class, which was later laid off by the city.
Thursday, February 25, 2010
Officer Michael Darrah Accused of Taking Cash from People He Pulled Over
The indictment of a former police officer on charges he stole cash from people he pulled over follows a city probe that led to his firing.
Michael J. Darrah, who was fired in September after an internal investigation, was indicted Thursday on four counts of extortion by a police officer, five counts of larceny from a person, three counts of larceny under $250 and two counts of larceny over $250, Plymouth County District Attorney Timothy J. Cruz and Police Chief William Conlon said.
Darrah is accused of stealing cash from three people he pulled over on what were described as bogus charges and from an intoxicated man at the police station who was being taken to a detox center.
The indictments were handed up late Thursday following a three-month grand jury probe.
Darrah, who joined the force in 2004, was officially fired by the city for conduct unbecoming a police officer.
Conlon said the investigation continued even after Darrah was fired as authorities tracked down victims who initially were wary of the police.
A number of the victims spoke little or no English and feared their complaints would not be taken seriously, he said.
“It was hard to get their confidence. They were easy prey,” Conlon said. “You can understand why they were uneasy. We had to convince them they were not the people in trouble.”
The chief said the indictments should send a message to the community that misconduct by law enforcement would not be tolerated.
“People should feel confident when they make a complaint, it will be taken seriously and it will be investigated,” Conlon said. “People will pay the penalty … it is shameful conduct and it can’t and won’t be tolerated.”
Darrah was the third Brockton police officer to be fired since January 2009 in unrelated cases. Darrah had been suspended – then placed on administrative leave – last August after several people came forward to police alleging misconduct.
Brockton police launched an investigation last year when several motorists reported they were pulled over and searched.
Each person said they discovered money or their wallets were taken from their pockets after the officer left.
In each case, the officer told them he could either arrest them or write them a ticket for offenses the witnesses said were false.
In another case, an officer was alleged to have taken $1,700 from the pocket of an intoxicated man he was transporting to the High Point detox facility.
The district attorney’s office reported that happened after the officer ordered the man’s mother to leave the room while he searched her son’s pockets.
The police investigation included witness interviews, photo arrays, a review of internal police records, and what license plates had been run by officers, among other things.
Michael J. Darrah, who was fired in September after an internal investigation, was indicted Thursday on four counts of extortion by a police officer, five counts of larceny from a person, three counts of larceny under $250 and two counts of larceny over $250, Plymouth County District Attorney Timothy J. Cruz and Police Chief William Conlon said.
Darrah is accused of stealing cash from three people he pulled over on what were described as bogus charges and from an intoxicated man at the police station who was being taken to a detox center.
The indictments were handed up late Thursday following a three-month grand jury probe.
Darrah, who joined the force in 2004, was officially fired by the city for conduct unbecoming a police officer.
Conlon said the investigation continued even after Darrah was fired as authorities tracked down victims who initially were wary of the police.
A number of the victims spoke little or no English and feared their complaints would not be taken seriously, he said.
“It was hard to get their confidence. They were easy prey,” Conlon said. “You can understand why they were uneasy. We had to convince them they were not the people in trouble.”
The chief said the indictments should send a message to the community that misconduct by law enforcement would not be tolerated.
“People should feel confident when they make a complaint, it will be taken seriously and it will be investigated,” Conlon said. “People will pay the penalty … it is shameful conduct and it can’t and won’t be tolerated.”
Darrah was the third Brockton police officer to be fired since January 2009 in unrelated cases. Darrah had been suspended – then placed on administrative leave – last August after several people came forward to police alleging misconduct.
Brockton police launched an investigation last year when several motorists reported they were pulled over and searched.
Each person said they discovered money or their wallets were taken from their pockets after the officer left.
In each case, the officer told them he could either arrest them or write them a ticket for offenses the witnesses said were false.
In another case, an officer was alleged to have taken $1,700 from the pocket of an intoxicated man he was transporting to the High Point detox facility.
The district attorney’s office reported that happened after the officer ordered the man’s mother to leave the room while he searched her son’s pockets.
The police investigation included witness interviews, photo arrays, a review of internal police records, and what license plates had been run by officers, among other things.
Wednesday, February 17, 2010
Former Officer Anthony Bickerton Sentenced for Making False Statements to FBI
A former Stoughton police officer pleaded guilty yesterday to federal charges of obstruction of justice and making false statements to FBI investigators in a 2008 police corruption probe.
Federal prosecutors will recommend that Anthony Bickerton, 60, of Stoughton spend 12 to 18 months in prison as part of a plea deal for lying about his role in a fake, FBI-arranged, stolen goods ring with two other Stoughton officers who have resigned from the force.
In conversations secretly taped in 2008 by a convicted criminal turned cooperating witness, the former detective arranged for discounted high-definition televisions for his daughter and other police officers and a power washer for himself. He thought the goods were stolen, but they were provided as part of the FBI’s probe. Prosecutors said he tried to hide the power washer at a fellow officer’s house after the FBI questioned him.
“Mr. Bickerton’s actions are an affront to the many honest men and women in the law enforcement community who serve the public with dedication and integrity,’’ US Attorney Carmen M. Ortiz said in a statement. “Today’s plea should be a reminder to the public that we will continue to aggressively pursue all investigations and prosecutions of corrupt and dishonest public officials.’’
Prosecutors had also alleged that Bickerton illegally obtained Registry of Motor Vehicles records for the informant, but as part of the plea, he will not have to admit to that.
Appearing before Judge Richard Stearns, Bickerton displayed much different behavior yesterday afternoon than he did in January, when he was escorted into the John Joseph Moakley US Courthouse in jeans and handcuffs. In the January proceedings, Bickerton broke down and cried while addressing Magistrate Judge Marianne B. Bowler. Yesterday, he appeared relaxed, calm, and even smiled at Stearns while the judge questioned him.
His wife, Rose, wiped away tears as the 45-minute proceeding drew to a close. No other friends or family of Bickerton, a father of three who was raised in Mattapan, were in court yesterday. No one from the Stoughton Police Department attended.
If the case had gone to trial, Assistant US Attorney Brian T. Kelly said, two other former police officers would have been called to testify against Bickerton. He would have faced a maximum of five years in prison for giving false statements and 10 years for obstruction of justice.
Bickerton was released on his existing bond, and he will be back in court May 11 for sentencing. He left the courthouse with his wife, and declined to comment. His lawyer, Kevin Reddington, called the process fair and said his client was looking forward to resolving the case.
Federal prosecutors will recommend that Anthony Bickerton, 60, of Stoughton spend 12 to 18 months in prison as part of a plea deal for lying about his role in a fake, FBI-arranged, stolen goods ring with two other Stoughton officers who have resigned from the force.
In conversations secretly taped in 2008 by a convicted criminal turned cooperating witness, the former detective arranged for discounted high-definition televisions for his daughter and other police officers and a power washer for himself. He thought the goods were stolen, but they were provided as part of the FBI’s probe. Prosecutors said he tried to hide the power washer at a fellow officer’s house after the FBI questioned him.
“Mr. Bickerton’s actions are an affront to the many honest men and women in the law enforcement community who serve the public with dedication and integrity,’’ US Attorney Carmen M. Ortiz said in a statement. “Today’s plea should be a reminder to the public that we will continue to aggressively pursue all investigations and prosecutions of corrupt and dishonest public officials.’’
Prosecutors had also alleged that Bickerton illegally obtained Registry of Motor Vehicles records for the informant, but as part of the plea, he will not have to admit to that.
Appearing before Judge Richard Stearns, Bickerton displayed much different behavior yesterday afternoon than he did in January, when he was escorted into the John Joseph Moakley US Courthouse in jeans and handcuffs. In the January proceedings, Bickerton broke down and cried while addressing Magistrate Judge Marianne B. Bowler. Yesterday, he appeared relaxed, calm, and even smiled at Stearns while the judge questioned him.
His wife, Rose, wiped away tears as the 45-minute proceeding drew to a close. No other friends or family of Bickerton, a father of three who was raised in Mattapan, were in court yesterday. No one from the Stoughton Police Department attended.
If the case had gone to trial, Assistant US Attorney Brian T. Kelly said, two other former police officers would have been called to testify against Bickerton. He would have faced a maximum of five years in prison for giving false statements and 10 years for obstruction of justice.
Bickerton was released on his existing bond, and he will be back in court May 11 for sentencing. He left the courthouse with his wife, and declined to comment. His lawyer, Kevin Reddington, called the process fair and said his client was looking forward to resolving the case.
Thursday, February 11, 2010
Officer Paul Barkyoumb Charged with Harassment
The Connecticut Victim Advocate accuses a Holyoke, Massachusetts Police officer of sending her threatening text messages.
Paul Barkyoumb has now been charged with 2 counts of second degree harassment.
Connecticut State Police Trooper Karen O'Connor says the Holyoke man turned himself in to Connecticut State Police today.
"After a lengthy investigation into the allegations, detectives from the State Police Major Crime Squad secured an arrest warrant for Mr. Barkyoumb," O'Connor said.
Barkyoumb's attorney says he is adamant that his client is innocent.
Connecticut Victim Advocate Michele Cruz identified herself as the victim of harassment in a recent article in the Hartford Advocate newspaper.
She said she had been dating Barkyoumb, and he started sending threatening text messages after they broke up.
Barkyoumb is scheduled to appear in court February 16.
Paul Barkyoumb has now been charged with 2 counts of second degree harassment.
Connecticut State Police Trooper Karen O'Connor says the Holyoke man turned himself in to Connecticut State Police today.
"After a lengthy investigation into the allegations, detectives from the State Police Major Crime Squad secured an arrest warrant for Mr. Barkyoumb," O'Connor said.
Barkyoumb's attorney says he is adamant that his client is innocent.
Connecticut Victim Advocate Michele Cruz identified herself as the victim of harassment in a recent article in the Hartford Advocate newspaper.
She said she had been dating Barkyoumb, and he started sending threatening text messages after they broke up.
Barkyoumb is scheduled to appear in court February 16.
Wednesday, February 10, 2010
Former Officer, Son, and Others Arrested on Drug Charges
A former Burlington police officer, his son, and five additional defendants have been arrested in connection with a large scale drug ring operating out of Burlington,said Middlesex District Attorney Gerry Leone today.
The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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Other Information
The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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Other Information
Monday, February 01, 2010
Officer Bisnette Dies After Speeding into Utility Pole
A state police accident investigator has determined that Worcester Police Officer Mark D. Bisnette was probably speeding when his sport utility vehicle struck a pole in Holden Jan. 2, causing his death.
Officer Bisnette, 39, was off-duty and alone in his Ford Explorer when the SUV went off the road and struck a utility pole on Route 31 as he was headed toward Paxton at 2:30 a.m.
“A likely cause of this crash was Bisnette's operation (of the SUV) at an excessive speed for road and weather conditions resulting in his inability to safely negotiate an ‘S' type curvature in the roadway,” Trooper Anne Renzi, of the state police collision reconstruction team, wrote in her report a few days after the crash.
In the report, which was requested by the Telegram & Gazette, Trooper Renzi noted that the road was covered in snow, and that continuing snowfall made it difficult to estimate the speed of the vehicle or whether the off-duty officer used his brakes.
However, the trooper also noted that the force of the crash was great enough to sever the utility pole.
Significant portions of the 11-page report were blacked out, or redacted.
Jane O'Brien, an associate chief legal counsel for the state police, wrote in an accompanying letter to the T&G that the information was withheld because of a provision in the state public records law that exempts from disclosure material that violates the privacy of an individual.
In her report, Trooper Renzi added that it is unknown whether any other factors contributed to the crash, including medical issues, driver distraction, drowsiness or any other kind of impairment.
State public safety officials have said toxicology tests were performed but were not needed to determine the cause of Officer Bisnette's death. The results of such tests are protected by medical privacy laws.
An external examination performed by a state medical examiner found that the officer died from asphyxiation and loss of oxygen to the brain, possibly as a result of being strangled by his seat belt as he hung upside down in the SUV.
Officer Bisnette, 39, was off-duty and alone in his Ford Explorer when the SUV went off the road and struck a utility pole on Route 31 as he was headed toward Paxton at 2:30 a.m.
“A likely cause of this crash was Bisnette's operation (of the SUV) at an excessive speed for road and weather conditions resulting in his inability to safely negotiate an ‘S' type curvature in the roadway,” Trooper Anne Renzi, of the state police collision reconstruction team, wrote in her report a few days after the crash.
In the report, which was requested by the Telegram & Gazette, Trooper Renzi noted that the road was covered in snow, and that continuing snowfall made it difficult to estimate the speed of the vehicle or whether the off-duty officer used his brakes.
However, the trooper also noted that the force of the crash was great enough to sever the utility pole.
Significant portions of the 11-page report were blacked out, or redacted.
Jane O'Brien, an associate chief legal counsel for the state police, wrote in an accompanying letter to the T&G that the information was withheld because of a provision in the state public records law that exempts from disclosure material that violates the privacy of an individual.
In her report, Trooper Renzi added that it is unknown whether any other factors contributed to the crash, including medical issues, driver distraction, drowsiness or any other kind of impairment.
State public safety officials have said toxicology tests were performed but were not needed to determine the cause of Officer Bisnette's death. The results of such tests are protected by medical privacy laws.
An external examination performed by a state medical examiner found that the officer died from asphyxiation and loss of oxygen to the brain, possibly as a result of being strangled by his seat belt as he hung upside down in the SUV.
Wednesday, January 27, 2010
Lt Brian Leary Faces Drunk Driving Charges
A city police lieutenant faces drunken driving charges after his car rear-ended another vehicle while he was off-duty over the weekend, the chief said.
Lt. Brian Leary, 48, will be summoned to Brockton District Court to face charges of operating under the influence in connection with the accident on Saturday, Police Chief William Conlon said.
Leary was also cited for following too closely, the chief said.
Conlon said the accident occurred Saturday, around dinner time, at Court and Cary streets. Leary was driving his personal vehicle and was off-duty at the time, Conlon said.
Leary was not arrested at the scene because he was taken to the hospital after suffering head trauma when the airbag deployed, Conlon said.
The other driver was not injured, the chief said.
Leary could also face disciplinary action by the department even though the crash occurred while off-duty. “It is a serious occurrence,” Conlon said.
Leary has not been back to work since the accident, he said.
The chief said Leary has been a hard-working officer and is considered “a great officer, a smart guy.”
However, Conlon said police officers must be held to a high standard.
“Incidents such as this are unacceptable,” he said.
Lt. Brian Leary, 48, will be summoned to Brockton District Court to face charges of operating under the influence in connection with the accident on Saturday, Police Chief William Conlon said.
Leary was also cited for following too closely, the chief said.
Conlon said the accident occurred Saturday, around dinner time, at Court and Cary streets. Leary was driving his personal vehicle and was off-duty at the time, Conlon said.
Leary was not arrested at the scene because he was taken to the hospital after suffering head trauma when the airbag deployed, Conlon said.
The other driver was not injured, the chief said.
Leary could also face disciplinary action by the department even though the crash occurred while off-duty. “It is a serious occurrence,” Conlon said.
Leary has not been back to work since the accident, he said.
The chief said Leary has been a hard-working officer and is considered “a great officer, a smart guy.”
However, Conlon said police officers must be held to a high standard.
“Incidents such as this are unacceptable,” he said.
Family Says Kenneth Howe Beaten by Police
The family of a Worcester man who died after being stopped at a state police sobriety checkpoint filed a federal civil rights and wrongful death lawsuit yesterday, alleging that Kenneth R. Howe was beaten to death by police.
The family's lawyer, Frances A. King, called on the U.S. attorney to take over the investigation from the Essex district attorney's office. State police are working with the DA's office on the investigation into the Nov. 25 incident, she said, which is unacceptable.
“It is nothing short of absurd to think that the Massachusetts State Police can investigate the Massachusetts State Police,” she said at a press conference in front of the U.S. District Courthouse in Boston.
She called it outrageous that none of the officers at the checkpoint that night had been disciplined or suspended, even after the state medical examiner declared Mr. Howe's death a homicide. The medical examiner recently ruled that Mr. Howe died of “blunt impact to the head and torso with compression of chest,” and that he died as a result of a “struggle with police.” The medical examiner also said Mr. Howe had a history of high blood pressure and heart problems that might have contributed to his death.
The lawsuit noted that Mr. Howe, 45, did not receive medical attention for 46 minutes after he was arrested at the checkpoint. Had he been immediately rushed to Lawrence General Hospital, a seven-minute ambulance ride away, he might still be alive today, Ms. King said.
The lawsuit requests monetary damages, Ms. King said, as well as changes to police procedure at sobriety checkpoints. She said there is no cap to the amount of money that the family might receive, and that no figure has been requested.
Margaret Howe, Kenneth's wife, appeared at the press conference with two of their three daughters, 15-year-old Ashleigh and 10-year-old Dakota. Mr. Howe, who co-owned the Majestic Barber Shop in Clinton, also had a 1-year-old daughter, Raynemarie Howe.
“We want justice done, for me, for my kids, and for Kenny,” Mrs. Howe said yesterday. “My life hasn't been the same since he has been gone. It's hard, especially with my kids not having a dad right now.”
The lawsuit names 20 state police officers, 13 North Andover police officers, and two Essex County deputy sheriffs as possibly causing Mr. Howe's death. Ms. King said the lawsuit names every officer on the duty roster of the sobriety checkpoint that night. Ms. King said she would seek to drop the names of those officers not involved as evidence became available.
A spokesman for Essex District Attorney Jonathan Blodgett said the office's investigation continues, and he declined to comment further. A state police spokesman referred all questions to Mr. Blodgett's office. A spokesman for the North Andover Police Department was unavailable yesterday.
According to the lawsuit, on Nov. 25, Mr. Howe had gone to North Andover with two friends, Michael Garbauskas and Michael Barbour, to buy a speedboat they found in an online ad on Craigslist. Mr. Garbauskas drove a gray Chevrolet Silverado truck, Mr. Howe sat in the front seat, and Mr. Barbour sat in the back. Also in the car was Mr. Howe's pet pit bull, a fact that had not been disclosed.
After buying groceries for Thanksgiving dinner, they headed for home on Route 114. Mr. Howe was smoking a marijuana cigarette and did not have his seat belt on. Upon seeing police, Mr. Howe tried to extinguish the joint and put on his seat belt, the lawsuit said.
At the checkpoint, Mr. Garbauskas and Mr. Howe were ordered from the truck by state police. State Police Officer Jodi Gerardi “forcefully removed” Mr. Howe from the truck, according to the lawsuit.
The dog apparently started barking. The lawsuit notes that Mr. Howe's pit bull was “never commanded to attack officers, nor was it intentionally ‘released.' ” The police report noted the dog was controlled without incident.
“Trooper Gerardi forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!' ” the lawsuit stated.
Police say Mr. Howe then ran away.
In the lawsuit, Mr. Garbauskas said Mr. Howe never assaulted the female trooper.
“We deny any struggle took place,” Ms. King said yesterday. “But even if a struggle did take place, there is a proper protocol for placing a person under arrest. You do not beat them to death. There's no justification and no rationale.”
The lawsuit then stated, “At that point, between 10 and 20 law enforcement officers swarmed on Kenneth.”
The arrest occurred very close to the offices of The Eagle-Tribune, a daily newspaper. Photographer Carl Russo saw the commotion from the parking lot and rushed over to photograph the scene. He shot 43 photographs, which showed Mr. Howe face down on the pavement for 10 minutes, with seven to 12 officers standing “very close” to him, according to the lawsuit. One to four officers sat on him, according to the photos, while handcuffs and leg irons were placed on his wrists and ankles.
“Between two and seven officers picked up Kenneth off the ground and dragged him to the cruiser,” the lawsuit stated. He was taken to the state police barracks in Andover. While awaiting booking, he slumped over, unresponsive. He was taken by ambulance to Lawrence General Hospital and was pronounced dead upon arrival.
The family's lawyer, Frances A. King, called on the U.S. attorney to take over the investigation from the Essex district attorney's office. State police are working with the DA's office on the investigation into the Nov. 25 incident, she said, which is unacceptable.
“It is nothing short of absurd to think that the Massachusetts State Police can investigate the Massachusetts State Police,” she said at a press conference in front of the U.S. District Courthouse in Boston.
She called it outrageous that none of the officers at the checkpoint that night had been disciplined or suspended, even after the state medical examiner declared Mr. Howe's death a homicide. The medical examiner recently ruled that Mr. Howe died of “blunt impact to the head and torso with compression of chest,” and that he died as a result of a “struggle with police.” The medical examiner also said Mr. Howe had a history of high blood pressure and heart problems that might have contributed to his death.
The lawsuit noted that Mr. Howe, 45, did not receive medical attention for 46 minutes after he was arrested at the checkpoint. Had he been immediately rushed to Lawrence General Hospital, a seven-minute ambulance ride away, he might still be alive today, Ms. King said.
The lawsuit requests monetary damages, Ms. King said, as well as changes to police procedure at sobriety checkpoints. She said there is no cap to the amount of money that the family might receive, and that no figure has been requested.
Margaret Howe, Kenneth's wife, appeared at the press conference with two of their three daughters, 15-year-old Ashleigh and 10-year-old Dakota. Mr. Howe, who co-owned the Majestic Barber Shop in Clinton, also had a 1-year-old daughter, Raynemarie Howe.
“We want justice done, for me, for my kids, and for Kenny,” Mrs. Howe said yesterday. “My life hasn't been the same since he has been gone. It's hard, especially with my kids not having a dad right now.”
The lawsuit names 20 state police officers, 13 North Andover police officers, and two Essex County deputy sheriffs as possibly causing Mr. Howe's death. Ms. King said the lawsuit names every officer on the duty roster of the sobriety checkpoint that night. Ms. King said she would seek to drop the names of those officers not involved as evidence became available.
A spokesman for Essex District Attorney Jonathan Blodgett said the office's investigation continues, and he declined to comment further. A state police spokesman referred all questions to Mr. Blodgett's office. A spokesman for the North Andover Police Department was unavailable yesterday.
According to the lawsuit, on Nov. 25, Mr. Howe had gone to North Andover with two friends, Michael Garbauskas and Michael Barbour, to buy a speedboat they found in an online ad on Craigslist. Mr. Garbauskas drove a gray Chevrolet Silverado truck, Mr. Howe sat in the front seat, and Mr. Barbour sat in the back. Also in the car was Mr. Howe's pet pit bull, a fact that had not been disclosed.
After buying groceries for Thanksgiving dinner, they headed for home on Route 114. Mr. Howe was smoking a marijuana cigarette and did not have his seat belt on. Upon seeing police, Mr. Howe tried to extinguish the joint and put on his seat belt, the lawsuit said.
At the checkpoint, Mr. Garbauskas and Mr. Howe were ordered from the truck by state police. State Police Officer Jodi Gerardi “forcefully removed” Mr. Howe from the truck, according to the lawsuit.
The dog apparently started barking. The lawsuit notes that Mr. Howe's pit bull was “never commanded to attack officers, nor was it intentionally ‘released.' ” The police report noted the dog was controlled without incident.
“Trooper Gerardi forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!' ” the lawsuit stated.
Police say Mr. Howe then ran away.
In the lawsuit, Mr. Garbauskas said Mr. Howe never assaulted the female trooper.
“We deny any struggle took place,” Ms. King said yesterday. “But even if a struggle did take place, there is a proper protocol for placing a person under arrest. You do not beat them to death. There's no justification and no rationale.”
The lawsuit then stated, “At that point, between 10 and 20 law enforcement officers swarmed on Kenneth.”
The arrest occurred very close to the offices of The Eagle-Tribune, a daily newspaper. Photographer Carl Russo saw the commotion from the parking lot and rushed over to photograph the scene. He shot 43 photographs, which showed Mr. Howe face down on the pavement for 10 minutes, with seven to 12 officers standing “very close” to him, according to the lawsuit. One to four officers sat on him, according to the photos, while handcuffs and leg irons were placed on his wrists and ankles.
“Between two and seven officers picked up Kenneth off the ground and dragged him to the cruiser,” the lawsuit stated. He was taken to the state police barracks in Andover. While awaiting booking, he slumped over, unresponsive. He was taken by ambulance to Lawrence General Hospital and was pronounced dead upon arrival.
Saturday, January 23, 2010
Man Death in Police Custody Ruled Homicide
A 45-year-old man’s death in police custody at a North Andover sobriety checkpoint was caused by a beating and has been ruled a homicide, the state Office of the Chief Medical Examiner said.
But two months after Kenneth Howe of Worcester died, all of the officers involved in the case remain on full duty, his lawyer said.
And the account given by a state trooper differs from the one initially issued by Essex District Attorney Jonathan Blodgett’s Office.
“I’m not surprised, the way this investigation is proceeding,” the lawyer, Frances King, said.
The ME’s office determined the cause of death was “blunt impact of head and torso with compression of chest,” with “atherosclerosis and hypertensive cardiovascular disease” as “other contributory conditions.”
The homicide ruling assigns no blame or criminal wrongdoing, the medical examiner’s office said.
Steve O’Connell, a spokesman for Blodgett’s office, which is investigating Howe’s death, said investigators have conducted more than 50 interviews and are awaiting a final autopsy report and forensic results. Asked whether the probe is now a murder investigation, O’Connell said: “We’re not characterizing it.”
State police spokesman David Procopio declined to comment, other than to say the status of the troopers involved has not changed. North Andover police and the Essex Sheriff’s department referred all questions to Blodgett’s office.
Howe was a passenger in a car stopped on Thanksgiving Eve at a checkpoint manned by state and North Andover police and sheriff’s personnel when a trooper saw him making “furtive” movements, according to a statement Blodgett’s office released two days after the incident.
Howe “jumped out the window, struck the trooper and fled,” according to that statement, and was handcuffed after a brief foot chase and an “ensuing struggle.” Police later found 15 mg of Oxycodone, for which Howe had a prescription, in his pocket, Blodgett’s office said.
In her own statement, trooper Jodi A. Gerardi says Howe hit her twice before he got out of the vehicle, striking her a third time with the door. Gerardi yelled “help,” she says, and several troopers and town police ran after Howe, who “continued to assault everyone in his path” as a pit bull he released charged at officers.
Howe “was eventually taken to the ground, where he continued to disobey orders to ‘stop resisting’ by several other officers,” according to Gerardi’s report, which says he was charged with assaulting a police officer, assault with a dangerous weapon, resisting arrest and possession of marijuana and a controlled substance, OxyContin. The report makes no mention of Oxycodone.
But two months after Kenneth Howe of Worcester died, all of the officers involved in the case remain on full duty, his lawyer said.
And the account given by a state trooper differs from the one initially issued by Essex District Attorney Jonathan Blodgett’s Office.
“I’m not surprised, the way this investigation is proceeding,” the lawyer, Frances King, said.
The ME’s office determined the cause of death was “blunt impact of head and torso with compression of chest,” with “atherosclerosis and hypertensive cardiovascular disease” as “other contributory conditions.”
The homicide ruling assigns no blame or criminal wrongdoing, the medical examiner’s office said.
Steve O’Connell, a spokesman for Blodgett’s office, which is investigating Howe’s death, said investigators have conducted more than 50 interviews and are awaiting a final autopsy report and forensic results. Asked whether the probe is now a murder investigation, O’Connell said: “We’re not characterizing it.”
State police spokesman David Procopio declined to comment, other than to say the status of the troopers involved has not changed. North Andover police and the Essex Sheriff’s department referred all questions to Blodgett’s office.
Howe was a passenger in a car stopped on Thanksgiving Eve at a checkpoint manned by state and North Andover police and sheriff’s personnel when a trooper saw him making “furtive” movements, according to a statement Blodgett’s office released two days after the incident.
Howe “jumped out the window, struck the trooper and fled,” according to that statement, and was handcuffed after a brief foot chase and an “ensuing struggle.” Police later found 15 mg of Oxycodone, for which Howe had a prescription, in his pocket, Blodgett’s office said.
In her own statement, trooper Jodi A. Gerardi says Howe hit her twice before he got out of the vehicle, striking her a third time with the door. Gerardi yelled “help,” she says, and several troopers and town police ran after Howe, who “continued to assault everyone in his path” as a pit bull he released charged at officers.
Howe “was eventually taken to the ground, where he continued to disobey orders to ‘stop resisting’ by several other officers,” according to Gerardi’s report, which says he was charged with assaulting a police officer, assault with a dangerous weapon, resisting arrest and possession of marijuana and a controlled substance, OxyContin. The report makes no mention of Oxycodone.
Sunday, January 10, 2010
Former Deputy Daniel Rowan Illegally Purchased Police Car
A former Plymouth County Sheriff's Department Deputy has become the second Sheriff's employee in Massachusetts to find himself in hot water this week.
The State Ethics Commission revealed allegations yesterday that deputy sheriff and vehicle mechanic Daniel Rowan had used his position to get a free car and influence equipment purchases in the department.
Rowan allegedly agreed to buy a used police car from a department vendor, Municipal Headquarters Inc., for $800, but then took the Crown Victoria and never paid for it.
He is also accused of influencing the department into buying equipment from M.H. Inc.
These allegations come just a day after the Ethics Commission fined a Norfolk County jail guard 6 thousand dollars for buying a house from an inmate.
The Commission will schedule a hearing on Rowan within 90 days.
The State Ethics Commission revealed allegations yesterday that deputy sheriff and vehicle mechanic Daniel Rowan had used his position to get a free car and influence equipment purchases in the department.
Rowan allegedly agreed to buy a used police car from a department vendor, Municipal Headquarters Inc., for $800, but then took the Crown Victoria and never paid for it.
He is also accused of influencing the department into buying equipment from M.H. Inc.
These allegations come just a day after the Ethics Commission fined a Norfolk County jail guard 6 thousand dollars for buying a house from an inmate.
The Commission will schedule a hearing on Rowan within 90 days.
Friday, January 08, 2010
Officer Jeffery Asher Accused of Assault
For the past two years, Officer Jeffrey Asher has worked in the records department, in plain clothes, at Springfield Police Headquarters.
It was an assignment that was supposed to keep him out of the kind of trouble he apologized for in 2007.
"And if the performance of my duties, I have any way offended any individual or group, I extend my sincere apology," said Officer Asher
Those words spoken in 2007 coming back to haunt Officer Jeffrey Asher. This video shot by a neighbor shows a police traffic stop the night of November 27th.
Melvin Jones III of Springfield was a passenger in the car and according to the incident report, was resisting arrest.
The report indicates Officer Asher was the cop swinging a flashlight after Jones allegedly tried to grab an officer's gun.
Jones’s father, who shares a name with his son, says Officer Asher should be fired.
"This guy doesn't need to be on the police force, that’s my opinion. I don’t think he should be. Something needs to be done about the way he treats suspects or whatever, particularity black men."
It’s not the first time Asher was caught on tape. In 1997, video shows him kicking a black suspect who had already been subdued by other officers.
Asher was suspended for six months without pay. Then, in 2004 he accused of beating a black school principal who was acting strangely during a medical crisis.
Asher was cleared by the Police Commission and returned to the force again, this time behind a desk, but in November 27th, he was on patrol.
"Officer Asher is assigned to the inside duty. He works in the records division in plain clothes, he has been since 2007. He works inside, this particular evening he was assigned by a supervisor where he was working a Shannon Grant extra detail, like an extra job. So that is the reason he was on the street last night," said Sgt. Delaney.
Mayor Domenic Sarno says he was alarmed to hear of the latest allegations.
"It is disturbing. There are rules and regulations that have to be followed to protect the integrity of residents and the integrity of the police department. Police know my reputation when it comes to public safety and race relations," said Mayor Sarno.
It was an assignment that was supposed to keep him out of the kind of trouble he apologized for in 2007.
"And if the performance of my duties, I have any way offended any individual or group, I extend my sincere apology," said Officer Asher
Those words spoken in 2007 coming back to haunt Officer Jeffrey Asher. This video shot by a neighbor shows a police traffic stop the night of November 27th.
Melvin Jones III of Springfield was a passenger in the car and according to the incident report, was resisting arrest.
The report indicates Officer Asher was the cop swinging a flashlight after Jones allegedly tried to grab an officer's gun.
Jones’s father, who shares a name with his son, says Officer Asher should be fired.
"This guy doesn't need to be on the police force, that’s my opinion. I don’t think he should be. Something needs to be done about the way he treats suspects or whatever, particularity black men."
It’s not the first time Asher was caught on tape. In 1997, video shows him kicking a black suspect who had already been subdued by other officers.
Asher was suspended for six months without pay. Then, in 2004 he accused of beating a black school principal who was acting strangely during a medical crisis.
Asher was cleared by the Police Commission and returned to the force again, this time behind a desk, but in November 27th, he was on patrol.
"Officer Asher is assigned to the inside duty. He works in the records division in plain clothes, he has been since 2007. He works inside, this particular evening he was assigned by a supervisor where he was working a Shannon Grant extra detail, like an extra job. So that is the reason he was on the street last night," said Sgt. Delaney.
Mayor Domenic Sarno says he was alarmed to hear of the latest allegations.
"It is disturbing. There are rules and regulations that have to be followed to protect the integrity of residents and the integrity of the police department. Police know my reputation when it comes to public safety and race relations," said Mayor Sarno.
Thursday, January 07, 2010
Female Officer In Trouble for Posting Photo of Dead Body on Facebook Page
A possible scandal is brewing in New Bedford, Massachusetts. The police department has suspended an unnamed female officer while they investigate whether she posted a photo of a dead body on her Facebook page.
The image in question appears to show a dead body, face down in what looks like a crime scene. The police department says they will do thorough investigation.
If the photo is verified, the officer could be fired. It is against department policy to post crime scene photos on the Internet.
http://www1.whdh.com/news/articles/local/BO132995/
The image in question appears to show a dead body, face down in what looks like a crime scene. The police department says they will do thorough investigation.
If the photo is verified, the officer could be fired. It is against department policy to post crime scene photos on the Internet.
http://www1.whdh.com/news/articles/local/BO132995/
Saturday, December 19, 2009
Former Officer Alan Vigiard Accused of Looking at Child Porn at Work
A veteran Adams police officer accused of looking at child pornography on a police station computer is due back in court.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Friday, December 04, 2009
Hearing Set for Officer Justin Barrett Accused of Calling Professor "Banana-eating Jungle Monkey"
It has been four months since Mayor Thomas M. Menino of Boston said, “He’s gone - G-O-N-E.’’
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
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