Showing posts with label aggravated assault with deadly weapon. Show all posts
Showing posts with label aggravated assault with deadly weapon. Show all posts

Friday, April 25, 2014

Sgt. Corey Tolbert Charged with Assaulting Wife

A police officer has been charged with assault after his Texas trooper wife allegedly was hit by a pickup truck pulling a trailer at their home.

Texas Department of Public Safety officials say Cuero police Sgt. Corey Tolbert was charged Friday with aggravated assault with a deadly weapon causing serious bodily injury/family violence.

Jail records for DeWitt and Lavaca counties show Tolbert, whose bond was set at $200,000, was no longer in custody Monday.

Texas Rangers helped investigate the April 17 incident when Trooper Elizabeth Tolbert allegedly was struck. KAVU-TV reports the trailer rolled over her legs. The Victoria Advocate reports the trooper spent several days hospitalized.

Jailers had no attorney information for Corey Tolbert, who's on paid administrative leave.

Cuero police and DPS officials didn't immediately return messages Monday.

Thursday, April 03, 2014

Officer Kyle James McCartin Arrested for Robbing Store

Tuscon Police Officer, Kyle James McCartin, was drunk and belligerent when he walked into a Giant Gas Station wearing his bullet proof vest and began pointing his pistol at the clerk.

Deputies were called to a Giant Gas Station and learned two men who appeared very intoxicated entered the store wearing bulletproof vests.

Authorities say one of the men pulled out a handgun and pointed it at the clerk twice.

The incident was caught on the gas station’s surveillance camera:

 YouTube Video of Incident

The fact that McCartin was drunk is irrelevant in this instance, however the fact that he assaulted a man with a firearm is not. The clerk did not know what these two drunk idiots in bullet proof vests intentions were.

What would have happened if the gun would have gone off?

McCartin was subsequently fired and faced 1 count of aggravated assault with a deadly weapon, a Class 3 Felony. He originally plead not guilty as he claimed to have no memory of the incident, luckily it was caught on camera.

In October of last year McCartin changed his plea to guilty.

Now on to your daily dose of above the law injustice. McCartin plead guilty to aggravated assault with a deadly weapon; a charge that carries a sentence of 2 to 21 years.

And exactly how many of those 2 to 21 years will he be serving behind bars? Zero.

Instead, his actions, like the majority of unjust actions committed by members of the state, will remain unaccountable.

Yes, McCartin, who drunkenly and negligently endangered the life of an innocent man will not see one hour behind bars.

Instead, his actions, like the majority of unjust actions committed by members of the state, will remain unaccountable.

Ask yourself this question. Had McCartin not been a cop, would he have spent time behind bars?



Yes, McCartin, who drunkenly and negligently endangered the life of an innocent man will not see one hour behind bars.
Instead, his actions, like the majority of unjust actions committed by members of the state, will remain unaccountable.
Ask yourself this question. Had McCartin not been a cop, would he have spent time behind bars?

Read more at http://thefreethoughtproject.com/drunken-cop-caught-camera-pulling-gun-gas-station-clerk/#Z4TGHHhdKbM1fcOu.99


Yes, McCartin, who drunkenly and negligently endangered the life of an innocent man will not see one hour behind bars.

Tuesday, April 01, 2014

Former Officer Walter Knox Charged with Sexual Assault

A former Mesa police officer was arrested and accused of sexually assaulting two women inside an art gallery he owns in Old Town Scottsdale.

42-year-old Walter Knox says he was floored when police arrested him for sexual assault and aggravated assault with a deadly weapon.

Knox has not been charged and he says the alleged victims' claims are bogus and it's all a scam.

The owner of Knox Artifacts near Goldwater and Main Street in Scottsdale was arrested at his high end gallery Thursday.

The alleged victims say a handgun was involved.

"Any incident like that is totally out of whack," said Antonio Mona of Casa de Artistas of Scottsdale.

Fellow gallery owners were taken aback by the allegations.

Knox, who wouldn't talk with us on camera, told us off-camera that he was assaulted in a strip club earlier that night, where he says police identification and prior duty weapon were stolen.

He says a man and the two alleged victims, who claimed to have witnessed that attack, came back to his gallery where he says they tried to get him to invest in a project.

In a police report, Knox admitted to having consensual contact with the women.  He showed us photos of the two alleged victims.  Topless, in the gallery and smiling as they showed off ancient artifacts.

Police say they found meth and suspected cocaine in the back of the gallery, something Knox says the alleged victims left there.  He also claims they stole thousands of dollars from him.

According to the police report, investigators staked out the business for about six hours before arresting Knox as the store closed following an art walk Thursday.

The arrest comes as a shock to others in the high-end art community.

"It's a close knit community of very wonderful people who not only promote the arts, but promote the downtown area of Scottsdale," said Mona.

The alleged victims are 28 and 29-years-old.

Mesa police say Knox took medical retirement in 2005 after serving about 10 years with the department.  They add that retired officers get a police ID saying they're retired officers.  They're also allowed to buy their duty weapon.

Monday, February 24, 2014

Officer Sean Gilhuly Arrested After Drunk Driving

An Orlando police officer was arrested Tuesday for the second time in a
month.

Sean Gilhuly, 30, was arrested in Orange County on a charge of
aggravated assault with a deadly weapon — a motor vehicle, according to a
 police spokesman.

Orlando officers would not give details other than to say they are
investigating Gilhuly on suspicion of leaving the scene of an off-duty
crash.

They would not say whether Tuesday's arrest was related to Gilhuly's DUI
 arrest Jan. 19 in Oviedo. Police there said they found an open bottle
of peach vodka in the passenger seat of his sport utility vehicle.

A passer-by told a dispatcher that Gilhuly had sat through two green
lights and appeared unfit to drive.

Gilhuly was charged with criminal mischief because investigators say he
kicked out the back window of a patrol car after his arrest, a police
report shows.

He also was ticketed on charges of improper stopping or standing and
having an open container of alcohol.

Gilhuly remains suspended with pay while an internal investigation is
conducted. He was hired Sept. 12, 2011.

Sunday, February 23, 2014

Officer Ernesto Fierro Indicted in Texas Death

An officer has been indicted on criminal charges in connection with an Iowan's death in Texas.

Officer Ernesto Fierro turned himself in to authorities at 5 p.m. Thursday.

A grand jury found Fierro did "intentionally, knowingly, or recklessly threaten William Livezey, Jr. with imminent bodily injury by causing the vehicle driven by said defendant to drive toward William Livezey, Jr., and did then use or exhibit a deadly weapon..."

The grand jury also found Fierro subjected Livezey "to an arrest that the defendant knew was unlawful."

He is charged with aggravated assault with a deadly weapon, official oppression and three counts of reckless driving. Fierro was released on $85,000 bond.

Iowan Bill Livezey was pulled over by Fierro on Dec. 11 who was off-duty at the time.

Authorities said witnesses told them Fierro was trying to run Livezey off the road.

The Navarro County Sheriff's Office told KCCI when their deputies arrived, Livezey said he was feeling ill and suffered a heart attack. Deputies took the handcuffs off and started CPR.

An ambulance transported Livezey to a nearby hospital where he was pronounced dead.
KTVT-TV reported that the Livezey family has hired an attorney to pursue the case


Tuesday, February 23, 2010

Reserve Officer Jenna Maldonado Charged with Threatened to Shoot Boyfriend

A reserve police officer has been suspended after, investigators said, she threatened her boyfriend with a firearm.

Jenna Maldonado, 28, is a single mother with four children. As a reserve officer with the Homestead Police Department, she gets paid $1 a year and goes into work when needed, on a voluntary bases but has all the duties of a police officer.

Maldonado turned herself in to police Monday night on a charge of aggravated assault with a firearm. She was released on a $5,000 bond Tuesday.

According to Miami-Dade Police, Maldonado was trying to get a hold of her boyfriend on Super Bowl Sunday. When the 28-year-old could not get a hold of him, she went to the boyfriend's friends' house, and that is when, investigators said, she put her gun in her boyfriend's face and threatened to shoot him. Police said some friends were able to subdue Maldonado, and the incident ended peacefully.

Maldonado is the daughter of Linda Bell, who is the former mayor of Homestead. Maldonado's attorney argues that there is politics at play, and calls this a vendetta against the family. "Unfortunately, Ms. Maldonado is being wrongly accused in this circumstance. Not only was she the actual victim here, but she's also the victim of a political vendetta. She's the daughter of the former mayor of the City of Homestead, and there is certainly some ill winds behind these charges," Sean O'Connor said.

Homestead Police said Maldonado is suspended until further notice.

Detective Robert DeCarlo Indicted for Beating Handcuffed Man with Flashlight

A Providence police officer was indicted yesterday on charges that he beat a handcuffed man with a flashlight, prosecutors said.

A Providence County grand jury charged Detective Robert DeCarlo with assault with a dangerous weapon and misdemeanor simple assault in the Oct. 20 arrest of Luis Mendonca, 21, who was taken into custody following a chase.

Surveillance video in a Providence parking lot shows police surrounding an apparently handcuffed Mendonca as one officer kicks and strikes him. A lawyer for Mendonca has said his client was in a coma for two days and needed staples to close a gash on his head. Mendonca is in the custody of federal immigration authorities.

“Today’s indictment is a reminder that everybody is the same in the eyes of the law,’’ Attorney General Patrick Lynch said in a statement. Providence Mayor David Cicilline said the alleged actions were unacceptable and would not be tolerated.

DeCarlo, 45, is to be arraigned tomorrow in Providence Superior Court.

DeCarlo’s attorney, Peter DiBiase, said yesterday he had not seen the indictment. But he said the surveillance footage does not show the full story and pointed out that DeCarlo was responding to a dangerous situation at night involving a suspected robber who allegedly assaulted a police officer.

“What you’ve seen in that video does not tell you what was happening for the 20 minutes this suspect was running through the city of Providence and assaulting people and running away from police,’’ DiBiase said. He said the suspect refused police commands to stop fighting and resisting. “None of that is seen on the video,’’ DiBiase said.

Police say Mendonca was stopped by campus police for the Rhode Island School of Design but struck one of the officers and ran away. A group of Providence police officers tracked him down in a parking lot, where his arrest was recorded by a nearby surveillance camera.

DeCarlo is the third Rhode Island officer since December to be charged with beating a suspect.

A Woonsocket police officer, John H. Douglas, is accused of federal civil rights abuses in the alleged assault of a teenager, and Lincoln police officer Edward Krawetz is facing state charges that he kicked a handcuffed woman in the head outside the Twin River slot parlor. Both men have pleaded not guilty.

Assault with a dangerous weapon carries a maximum 20-year sentence, while misdemeanor assault is punishable by up to a year in prison.

Monday, January 04, 2010

Detention Officer David Ashton Arrested for Assault With Deadly Weapon

Prescott police officers arrested a detention officer with the Yavapai County Sheriff's Office for assault with a deadly weapon after he reportedly was involved in several confrontations at city bars early Sunday morning.

Prescott police officers learned that David Ashton, 43, had a confrontation with patrons inside Matt’s Saloon where he brandished a knife and was escorted out of the bar.

Dwight D'Evelyn, spokesman for the Sheriff's Office, said police officers were also contacted by an 18-year-old male who had been assaulted by Ashton after the incident at Matt’s Saloon.

The victim and several witnesses had seen Ashton leave the Bird Cage Saloon and shove his way through the crowd outside. According to D'Evelyn, when the victim approached Ashton about his behavior and confrontation with a man standing nearby, Ashton turned and pointed a handgun at the victim’s forehead. He also struck the side of the victim’s head with the firearm.

D'Evelyn said that after the assault, Ashton began waiving the gun in the crowd and pointed it at two Montezuma's Bar employees. Ashton left the area while police were being notified.

Officers arrested Ashton in the city parking garage at approximately 1:35 a.m. Sunday. Police officers also recovered a handgun.

Ashton was booked at the Camp Verde Detention Center. He is charged with three counts of aggravated assault with a deadly weapon, one count of recklessly handling a weapon and one count of carrying a deadly weapon in a public establishment. He remains in custody on a $150,000 bond.

YCSO has placed Ashton on unpaid administrative leave pending an internal investigation.

Tuesday, December 29, 2009

Officer Doyle Braden Arrested for Threatening Neighbor with Gun

A Belton Police Officer, who lives in Killeen, is under arrest for threatening his neighbor with a hand gun.

The incident happened Sunday in the 4300 Block of Neta Drive, and has been under investigation by Killeen Police since then.

This evening Killeen Police arrested a 44-year-old Doyle Ray Braden on a warrant charging him with aggravated assault. Braden is currently an officer with the Belton PD, but was placed on administrative leave Monday.

The below is a description from the Killeen Police Department of what happened leading up to Doyle's arrest:

"Officers responded to the 4300 block of Neta Drive on Sunday, December 27, 2009 at 6:10pm, after a 911 call was received stating that one neighbor threatened another neighbor with a handgun. Officers responded to Neta Drive to speak with the victim, who advised she was having a verbal altercation with the neighbor when he threatened her with a gun. The victim and her husband went back to their residence and called 911. Officers spoke with all the parties involved and a report was filed.

The suspect in this case is employed as an officer with the Belton Police Department; he was placed on administrative leave by his department on Monday, December 28, 2009, pending the results of this investigation."

This case was reviewed by the Bell County District Attorney's Office on Tuesday, December 29, 2009 and a complaint was returned charging Doyle Ray Braden with Aggravated Assault with a Firearm; a warrant was issued by Justice of the Peace Garland Potvin."

Braden was arrested by officers at the Killeen Police Department at 6:13pm without incident; he is currently in the Killeen City Jail with a $100,000 bond issued by Justice of the Peace Garland Potvin."

Monday, April 13, 2009

Border Protection Officer Edwin Barbo Accused of Stalking

A judge on Monday continued a protective order against a U.S. Customs and Border Protection officer accused of stalking a woman, jamming a pistol into her chest and threatening to kill her.

Edwin Barbot, 46, is accused of harassing the 47-year-old woman at her work and home. He was arrested in November on charges of aggravated assault with a deadly weapon, aggravated stalking and battery.

Last month, an Osceola County judge granted a temporary order against Barbot. On Monday, a circuit court judge continued the order until after Barbot's criminal trial, which is scheduled to begin April 21 in Osceola County.

Barbot was suspended from his Customs job at Orlando International Airport, agency spokeswoman Maria M. Alvarado said.

In mid-November, the woman told Osceola County deputy sheriffs that Barbot followed her home and argued with her outside her apartment. Barbot told the woman "that she better not be with anyone else or he will kill her," a sheriff's report said.

The woman told deputies that Barbot pulled at her, causing her to fall on the steps, and then "jammed" a semiautomatic pistol into her chest. The woman said he stood over her and said, "I want to kill you."

When the woman screamed, Barbot ran to his car and drove away, according to the report.

In hs report, the deputy noted that he saw a small, red circular mark on the woman's chest. Barbot was arrested Nov. 19 and released from the Osceola County Jail the same day on $5,500 bond.

In a written statement filed in court, the woman said Barbot put his gun in her mouth when she told him she was going to get a restraining order.

"He will kill me, he promised he would!" the woman wrote.

The woman stated she is "so afraid," she can't sleep, is having trouble concentrating and feels as though she's being followed. She said Barbot harassed her at work while wearing his federal uniform and carrying his badge and gun.

In her court filing for the protective order, the woman also stated that Barbot had an incident with another woman in January at work while he was on administrative duty. She gave no details about that allegation.

Alvarado said she couldn't comment on any allegations made against Barbot because he is under investigation.
________________

Other Information: http://www.wftv.com/news/19166797/detail.html

Monday, April 06, 2009

Chief Oly Yahnson Ivy Arrested for Aggravated Assault

The police chief of the Leon County community of Oakwood was arrested early Monday in Palestine on a warrant for aggravated assault with a deadly weapon, according to authorities.

Oly Yahnson Ivy, 30, was taken into custody without incident shortly after 2 a.m. Monday after Anderson County sheriff’s deputies stopped his vehicle near the intersection of Loop 256 and West Oak Street, according to Anderson County Sheriff Greg Taylor.

Ivy was arrested on an “aggravated assault with a deadly weapon warrant” out of Leon County, according to Taylor. The sheriff said the warrant did not have a pre-set bond amount.

The police chief was booked into the Anderson County Jail and arraigned by Anderson County Justice of the Peace Carl Davis before being released into the custody of Leon County sheriff’s authorities at 3:22 a.m. Monday, according to Taylor.

Taylor said his agency received a teletype around 1:30 a.m. Monday, “advising us that this subject would possibly be traveling through our area (in a tan 2006 four-door Dodge pickup) en route to a jurisdiction outside of our area.”

The sheriff said Ivy was believed to be traveling to Hillsboro.

Also, Taylor said the teletype advised that the wanted individual was a peace officer who was possibly in possession of a badge, police radio and weapons.

Anderson County sheriff’s Sgt. Ronnie Foster and deputy Chris Crowley then traveled to the Westwood area on West Oak Street to await the possible arrival of the suspect.

Ivy was subsequently pulled over by the officers at 2:08 a.m. Monday and arrested without incident, according to the sheriff, who was uncertain whether the suspect was in possession of any weapons or other contraband.

Taylor was also unsure about the specific allegations against Ivy.

“For the record, I don’t know what the warrant was a result of,” Taylor said. “No one’s immune. There are people who make bad choices in all professions.”

Sunday, January 18, 2009

Former Officer Gregory White Jr Pleads Guilty to Putting Gun to Girlfriends Head

SAN BERNARDINO, Calif.

A former police officer has pleaded guilty to misdemeanor charges of hitting his girlfriend and putting a gun to her head.

Gregory White Jr. pleaded guilty Friday to corporal injury charges and will serve 60 days in jail and participate in domestic violence court. An assault with a firearm charge was dismissed against the 32-year-old.

White was arrested on Wednesday following the Jan. 4 incident. Authorities say his live-in girlfriend needed medical attention but wasn't admitted to a hospital.

Prosecutors say White no longer works for the San Bernardino Police Department.

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Information from: Inland Valley Daily Bulletin, http://www.dailybulletin.com/
Other Information: http://www.sbsun.com/ci_11478898?source=most_emailed

Friday, December 19, 2008

Former Officer State Senator-elect Hiram Monserrate Arrested for Assault


State Senator-elect Hiram Monserrate, a Queens Democrat, was arrested early Friday and accused of slashing his companion in the face with a broken drinking glass during an argument in his Jackson Heights apartment, the authorities said. He then drove her to a hospital outside the city, officials said, where she required 20 stitches.

Mr. Monserrate, 41, who is in his final days as a city councilman, was charged with second-degree assault, a felony that carries a maximum sentence of seven years in prison, the police said. If Mr. Monserrate is convicted, state law requires that he be expelled from the Senate.

At 4 p.m. on Friday, after nearly 12 hours at the 105th Precinct headquarters in Queens, Mr. Monserrate, wearing a dark baseball hat and striped track pants, was led out in handcuffs and put into a police car. His lawyer was James Cullen.

At Mr. Monserrate’s arraignment in Queens Criminal Court on Friday evening, the assistant district attorney, Scott Kessler, said that Mr. Monserrate told the police he was bringing his companion, Karla Giraldo, 30, a glass of water and leaned over and tripped, and the glass hit her. But the prosecutor said that Ms. Giraldo later said that the couple had a “loud and boisterous” argument about an item he found in her purse. He was holding a glass, which broke in his hand, she told officers.

“Then, in emotion, he stabbed her,” Mr. Kessler said.

He said Ms. Giraldo was now saying that it was an accident and that she did not want an order of protection. Mr. Kessler noted that that was common in domestic violence cases.

The police searched Mr. Monserrate’s apartment and found broken glass and blood on towels.

“Basically, your honor, this appears to be an accident,” Mr. Cullen said. He noted Mr. Monserrate’s family and supporters in the room, including his father, niece and nephew.

As is customary in these situations, the judge, Toko Serita, gave a full order of protection, which bars contact between Mr. Monserrate and Ms. Giraldo. She told Mr. Monserrate that he must stay completely away from her, by phone, e-mail or third-party contact, even if she reaches out to him.

“Do you understand?” Judge Serita asked him. He replied, “Yes.”

Bail was set at $5,000. His next court appearance is scheduled for Jan. 16.

The authorities said Mr. Monserrate drove Ms. Giraldo to Long Island Jewish Medical Center in New Hyde Park in Nassau County, near the Queens border. It was unclear why he chose a hospital outside the city and 12 miles from his apartment, on 83rd Street in Jackson Heights. There are at least three hospitals closer, including Elmhurst Hospital Center, five blocks away.

The incident took place several hours after Mr. Monserrate, a former police officer who has sponsored at least half a dozen domestic-violence bills in the City Council, gave a departing speech on Thursday in the Council, where colleagues praised his years of service. That evening he attended a holiday party held by Queens Democrats.

He is scheduled to be sworn into the State Senate in January, where he is part of an incoming class that promised to give Democrats control of the chamber for the first time in decades. However, three newly elected Democrats have refused to align with the party, and his arrest further clouds the party’s hopes. Colleagues who attended Thursday night’s party said Mr. Monserrate arrived alone at about 7:45 p.m. He appeared to be in good spirits but not intoxicated, they said. The party, held at the Queens Museum of Art in Flushing, ended about 9 p.m.

At the hospital, officials said that when officers arrived, Ms. Giraldo said she did not want Mr. Monserrate arrested, but under state law, arrests are mandatory in domestic-violence cases.

It is unknown how long Mr. Monserrate and Ms. Giraldo have been romantically involved. In July, Ms. Giraldo gave a $20 campaign contribution to Julissa Ferreras, Mr. Monserrate’s chief of staff and a candidate for the Council seat he was vacating. Ms. Giraldo listed her occupation as student.

Council Speaker Christine C. Quinn called the allegations “deeply, deeply troubling.” She added, “Council member Monserrate, just like any individual in the city or anywhere else, is innocent until proven guilty, and I’m glad that the N.Y.P.D. is taking up these charges and is going to pursue them quickly and thoroughly.” Michael Nieves, a spokesman for Mr. Monserrate, declined to comment on the case.

Other colleagues said they were startled by the news.

“Yesterday was a happy day for Hiram and people were happy for him,” Councilman John C. Liu, a fellow Queens Democrat, said on Friday morning.

Mr. Monserrate — a former marine who served 12 years with the New York New YorkPolice Department — is less than two weeks away from resigning his seat on the City Council, where he has served since 2002, to join the Senate. He was the first Latino from Queens elected to the City Council.

His arrest caps a tumultuous year for Mr. Monserrate. In May, as the Council was in the midst of a slush-fund scandal, a law enforcement official said the authorities were investigating whether a Queens social service agency called Libre that was financed by Mr. Monserrate’s Council earmarks used that money to help Mr. Monserrate politically.

The investigation, by the Queens district attorney’s office and the city’s Department of Investigation, is looking into allegations that more than two dozen workers for the nonprofit agency collected signatures to help Mr. Monserrate get on the ballot in 2006 during his unsuccessful primary battle with Senator John D. Sabini for the incumbent’s State Senate seat. Mr. Monserrate, who has directed more than $2.7 million in earmarks to the group, has said that he was unaware of any investigation and knew nothing about any efforts by Libre to collect signatures for him.

In June, Gov. David A. Paterson announced that he would nominate Mr. Sabini to be chairman of the State Racing and Wagering Board, sparing the party another divisive primary. Uncontested in the primary, Mr. Monserrate sailed to election in November.

Mr. Monserrate’s legal troubles are only the latest complication for the imperiled Senate Democratic caucus, which is struggling to cobble together a majority before the new Legislature convenes in January. Although 32 Democrats were elected to Senate seats in November, three holdouts have refused to align themselves with the current party leadership, leaving open the possibility that the Republicans could retain the majority.

Malcolm A. Smith, the Senate Democratic leader, said little in a written statement.

“These are very serious charges that will be addressed by the proper authorities,” he said. “We will await the determination of these charges before we make any further comment.”

A spokesman for the Senate Republicans, John McArdle, declined to comment.

On Friday night, residents of Corona, one of the neighborhoods Mr. Monserrate represents, said they would stand by him.

At a holiday event for children at the Elmcor Community Center, Jose Castillo, 36, a livery-cab driver who distributed leaflets for Mr. Monserrate four years ago, said he was reluctant to believe the charges against him. “I think they’re making this thing up,” he said. “He helped the people a lot for eight years. He’s helped out the Hispanic people.”

Carlos Salazar, 37, a limousine driver, said he supported Mr. Monserrate because he fought to change a state law on insurance compensation for limo drivers. “He’s always open to hear what you have to say,” he said.

Saturday, November 29, 2008

Officer Richard Heverly Accused of Holding Gun to Man's Head Returns to Work



A San Bernardino County sheriff's deputy facing criminal charges for allegedly holding a gun to a man's head while off duty has returned to work at West Valley Detention Center.

Richard Heverly, of La Verne, was placed on paid administrative leave following his Aug. 10 arrest in Riverside County.

He returned to work at the jail's transportation division on Nov. 4, said sheriff's spokeswoman Cindy Beavers.

At about 6:30 p.m. on Aug. 10, tow-truck driver Roger Gilstrap saw a big-rig truck on fire on the 10 Freeway near Eagle Mountain Road, about 50 miles east of Indio.

Gilstrap positioned his truck to block off lanes affected by the burning big rig and called the California Highway Patrol from his cell phone, according to the arrest declaration in Heverly's court file.

While Gilstrap was on the phone with the CHP, Heverly, 42, pulled up beside him in a red Dodge truck.

Heverly flashed his sheriff's department badge and told Gilstrap, "This entitles me to do whatever the (expletive) I want," according to the arrest declaration, which was written by a CHP officer.

Heverly grabbed Gilstrap's cell phone and disconnected the call, then pulled Gilstrap out of the tow truck and handcuffed his right hand, bruising and injuring Gilstrap's wrist, according to the arrest declaration.

Heverly then drove the barrel of a handgun into Gilstrap's ear, and told him, "I have a gun in your ear and I will kill you," according to the arrest declaration.

Heverly twisted the gun into Gilstrap's ear, bruising and cutting the inside of Gilstrap's ear and the surrounding area, according to the arrest declaration.

Heverly then handcuffed Gilstrap's arms behind his back and led him to the passenger side of the truck. He held Gilstrap for 3 to 5 minutes, according to the arrest declaration.

Heverly never told Gilstrap the reason for handcuffing him, according to the arrest declaration. Gilstrap told officers he feared for his life during the encounter with Heverly.

Heverly has pleaded not guilty to four felony charges: assault with a semi-automatic firearm, assault by a public officer, criminal threats and false imprisonment. All four charges carry sentencing enhancements because Heverly used a gun.

San Bernardino County sheriff's spokeswoman Cindy Beavers declined to discuss the reason that Heverly was allowed back to work at West Valley Detention Center.

Such details, Beavers said, "are never disclosed because we are not at liberty to discuss any of the findings in an administrative investigation."

Beavers said the decision to place a deputy on administrative leave is made on a case-by-case basis.

"When it is contrary to the best interests of the department for an employee to continue his regular duties, he may be assigned to special duty leave with pay at the discretion of the office of the sheriff," Beavers said.

Beavers said she wasn't aware of any restrictions placed on Heverly while he is off duty, such as restrictions on his permission to carry a gun.

Michael Schwartz, Heverly's Santa Monica-based attorney, said "there's much more to this case than the probable cause declaration."

He declined to comment on the specific allegations against Heverly.

Schwartz also represented Ivory Webb, a former San Bernardino County sheriff's deputy who was acquitted of criminal charges filed after he shot off-duty Airman Elio Carrion in Chino in 2006.

Heverly is next scheduled to appear in Indio Superior Court on Dec. 23 for a felony settlement conference. A preliminary hearing in the case is scheduled for Jan. 6.

At a preliminary hearing, the prosecution must present sufficient evidence for each charge against a defendant to be brought to trial. Preliminary hearings typically include testimony.


http://www.contracostatimes.com/california/ci_11098704?nclick_check=1

Tuesday, November 25, 2008

Deputy Jorge Figueroa Charged with Shooting Man Having Affair with His Wife


HOUSTON

A Harris County sheriff's deputy was charged with shooting the man having an affair with his wife.

Deputy Jorge Figueroa, 39, is charged with shooting civilian jailer James Perez in the back. They both worked at the Harris County Jail in downtown Houston.

Officials said Perez was having an affair with Figueroa's wife and showed up at Figueroa's house in Needville on Saturday night.

Figueroa got into an argument with his wife and then into a physical fight with Perez before shooting him in the back as Perez walked out with Figueroa's wife, according to the Fort Bend County Sheriff's Office.

"I don't know if she was just escorting him out to his vehicle or if she actually intended to leave the premises with him, but she was going out the door with him," said Chief Deputy Craig Brady with the Fort Bend County Sheriff's Office.

Investigators said they do not know why Perez showed up at his mistress's home, knowing the husband was also in the house.

"It defies all reason to me as to why. I can't imagine what he was thinking going there at that time of night for that purpose, knowing that the husband was there," said Brady.

Investigators said Figueroa has known for a while that his wife was having an affair with Perez.

Figueroa and Perez are on administrative leave pending the outcome of the investigation.

Perez was released from the hospital and is expected to be OK.

Figueroa does not have any disciplinary actions in his personnel file. He has worked for the department for seven years.

He is charged with aggravated assault with a deadly weapon. If he's convicted, he faces punishment ranging from probation to life in prison.

http://www.msnbc.msn.com

Monday, August 04, 2008

Officers Indicted on Charges of Aggravated Assault

Two local law enforcement officers were indicted last week on charges stemming from an incident involving firearms that occurred at a party at one of their homes, authorities said Saturday.

Metro Police officer Michael Rocha, 25, was charged with felony aggravated assault with a deadly weapon after he allegedly threatened a person with a weapon during a party at his home on April 13, authorities said.

Harris County Precinct 6 Reserve Deputy Enrique Torres, 24, who also is a former Metro employee, was charged with discharging his duty weapon, a misdemeanor, at the same party, authorities said.

Rocha, who has been a patrol officer for Metro for two years, was discharged about six weeks ago after an administrative investigation into the incident took place, said Metro Police Chief Tom Lambert.

Rocha does not have a previous record of misconduct with the department, Lambert added.

"We have very high expectations and standards for our employees," Lambert said.

Torres was fired by Metro Police after he was involved in an incident for which the details are unknown about a year ago, Lambert said.

Harris County Precinct 6 spokesman Danny Perez said Torres has been with the constable's office since March and was released from duty following the indictment.

"Anytime this happens with an officer it's disappointing because it's a reflection on our department, " Perez said.