Former Officer Christopher Swanson Will Stand Trial for Shooting

A former Salinas police officer will be required to stand trial on a felony charge of discharging his firearm with gross negligence stemming from a 2009 incident during which he and another officer fired 14 shots into a vehicle occupied by two unarmed people.

A jury trial for Christopher Swanson, 37, is scheduled to begin March 24 in the courtroom of Superior Court Judge Russell D. Scott.

Swanson was on the Salinas police force for about a year late Feb. 3, 2009, when he pulled over a Ford Expedition SUV about 11:30 p.m. in a violence-torn neighborhood in East Salinas.

The routine traffic stop turned volatile when thought he heard a pop, saw what he believed was the flash of a gun muzzle, and felt what he assumed was a bullet striking his Kevlar vest.

As he reeled away from the car, he heard several gunshots fired by officer Steven Mattocks. Swanson then opened fire.

The officers put 14 rounds into the SUV, shattering the rear window and a side window, but did not injure the occupants.

Swanson was terminated from the force, and the city of Salinas paid a settlement of $130,000 each to driver Adriana Velazquez and passenger Julio Hernandez.

Judge Scott determined Thursday that sufficient evidence was presented during pre-trial hearings to warrant a trial, concluding that Swanson "grossly overreacted" after misinterpreting a series of events.

Swanson's defense attorney, Mike Lawrence, suggested during hearings the popping sound the officer heard might have been created when Hernandez crushed a beer can while attempting to conceal it. He implied the flash could have been a reflection from Swanson's flashlight off the can, or a change purse, or CDs in the vehicle.

But Scott noted Mattocks heard and saw nothing as he stood at the passenger-side window, and opened fire because he thought Swanson yelled, "I've been shot!" Swanson testified Thursday that he didn't recall yelling "I've been shot!"

Lawrence expressed confidence Friday the evidence that will be presented during the trial will clear Swanson, a retired Marine who served two combat tours in Iraq before becoming a police officer.

"There is a substantial difference between a preliminary hearing and a jury trial," he said. "At the jury trial, all the witnesses will be subpoenaed and we're confident that we can show that the beer can played a significant part in officer Swanson's perceptions that night in a dangerous area of the city."

Swanson faces as much as three years in prison, or as little as probation, if convicted.

Detective Kevin Spellman Charged with Killing Pedestrian While Drunk Driving

One day after the arrest of an off-duty police detective on charges he killed a pedestrian while driving drunk, the authorities provided more details about the five-hour gap between the accident and the time the police were able to obtain a sample of the detective’s blood, saying the detective’s case was processed more quickly than is normal in such cases.

Prosecutors said the detective, Kevin C. Spellman, 42, a 22-year veteran of the force, was driving a Chevrolet Malibu that struck and killed Drana Nikac, 67, as she crossed Kingsbridge Avenue in the Bronx early on Friday morning. He was charged with second-degree vehicular homicide, criminally negligent homicide and driving while intoxicated.

It was the second time in five weeks that an off-duty police officer was charged with killing a civilian when driving drunk. On Sept. 27, Officer Andrew Kelly, 30, was arrested after the sport-utility vehicle he was driving struck Vionique Valnord-Kassime as she tried to flag a cab, the authorities said.

In that case, prosecutors said Officer Kelly refused a breath test at the scene, and a blood test seven hours later showed he had no alcohol in his system. He has pleaded not guilty.

Police officials said they worked quickly to process Detective Spellman’s case in the hours between the 6:30 a.m. accident, and noon, when they drew the blood sample. Steven Reed, a spokesman for the Bronx district attorney, said his office also moved promptly, and he disputed the idea that the time frame of more than five hours represented any kind of delay.

“Focusing solely on a time line in a vacuum is an oversimplification of what’s involved,” Mr. Reed said in a statement. “The mere notification of an incident is not the same as having all of the information that the law requires before a search warrant can be issued.”

On Friday morning, a sergeant at the scene told prosecutors that Detective Spellman’s speech was slurred, his eyes were glassy and he smelled of alcohol, according to the text of the criminal complaint. About 7:40 a.m., another officer heard Detective Spellman say that had not seen the victim, who “came out of nowhere,” the complaint said.

At 8 a.m., Detective Spellman refused a breath test at the scene, according to Paul J. Browne, the Police Department’s chief spokesman. Shortly afterward, police officials contacted prosecutors to make them aware of the case, Mr. Browne said.

Detective Spellman was taken to the 45th Precinct station house, and by 9:46 a.m., he was videotaped refusing a second, more sophisticated breath test, Mr. Browne said.

With that refusal, police officials and prosecutors set about trying to obtain the blood sample.

Shortly after 10 a.m., a sergeant who had been at the scene of the accident arrived at the Bronx district attorney’s office to work with prosecutors on an application for a court order. Mr. Reed said that by law, a police officer was required to request such an order in person.

In the meantime, officials with the Internal Affairs Bureau ordered Detective Spellman be taken to Jacobi Medical Center to await a blood test.

State Supreme Court Justice Harold Adler signed an order to take the detective’s blood at 11:39 a.m. Friday, said Kali Holloway, a spokeswoman for the State Office of Court Administration.

By noon, Detective Spellman’s blood was drawn, the authorities said.
-----------------------------
http://www.nytimes.com/2009/10/31/nyregion/31cop.html

Sgt Darryl Storey Arrested for Collision that Killed 18-year-old Woman

THUNDER BAY, Ont.

An Ontario Provincial Police officer has been criminally charged in the death of an 18-year-old woman following a collision in northwestern Ontario last December.

Sgt. Darryl Storey was arrested Monday and faces one count of criminal negligence causing death and dangerous driving causing death in the Dec. 3, 2008 collision.

He has been released and set to appear in a Thunder Bay courtroom on March 5, said a Tuesday news release.

The crash occurred between a OPP cruiser driven by Storey and a car driven by Jasmine Veneruzzo on Highway 11 and Twin City Crossroads in Thunder Bay.

Veneruzzo, an 18-year-old Murillo, Ont., woman, died from the crash.

Storey was believed to be have been on a routine patrol at the time of the collision.

The charges come as a result of an investigation launched by the Special Investigations Unit, a provincial body that looks into cases involving police and civilians resulting in sex assault, serious injuries or death.

Meanwhile, earlier Tuesday, the OPPalso announced that another officer has been charged with street racing for driving 65 kilometres over the speed limit.

Police say Det. Const. Heidi Fischer was not within the lawful execution of her duties on Jan. 31 when Brant County OPP stopped her unmarked police vehicle on Highway 403 for driving 165 kilometres per hour in a 100 km/h zone.

Fischer, an OPP officer for four years, had her driver's licence suspended for seven days. Her vehicle was also impounded for seven days.

She will appear in court in Brantford on March 24.