Showing posts with label deprivation of civil rights under color of law. Show all posts
Showing posts with label deprivation of civil rights under color of law. Show all posts
Tuesday, April 22, 2014
Two South Carolina Officers Charged with Using Excessive Force
The Department of Justice announced that a federal grand jury in Florence, South Carolina returned a two-count indictment today charging Eric Walters and Franklin Brown, both former police officers with the city of Marion Police Department, with using unreasonable force against a female citizen.
Walters and Brown have each been charged with one count of deprivation of rights under color of law, specifically alleging that, while acting as police officers, each defendant used unreasonable force on the victim, resulting in bodily injury. The indictment alleges that on April 2, 2013, Walters and Brown each used their respective tasers multiple times on the victim.
If convicted, each defendant faces a statutory maximum sentence of 10 years in prison.
This case is being investigated by the Myrtle Beach, South Carolina Resident Agency of the FBI. It is being prosecuted by Trial Attorneys Nicholas Murphy and Henry Leventis for the Justice Department’s Civil Rights Division and U.S. Attorney Bill Nettles and Assistant U.S. Attorney John Potterfield for the District of South Carolina.
Thursday, December 31, 2009
Four Officers Face Federal Charges for Trying to Cover up Beating Death
Four police officers who are facing federal charges are now officially off the force. The borough council in Shenandoah, Schuylkill County accepted the resignations of Chief Matthew Nestor and three of his fellow officers last night. Nestor and two others are accused of trying to cover up the beating death of illegal immigrant Luis Ramirez last summer.
Nestor and a fourth officer are charged with extortion and civil rights violations in a separate case. Now the police department has only three officers, so state police are stepping in to help patrol the town.
Nestor and a fourth officer are charged with extortion and civil rights violations in a separate case. Now the police department has only three officers, so state police are stepping in to help patrol the town.
Wednesday, December 02, 2009
Former Officer Raymond Conley Pleads Guilty
Former Dunbar Police Officer Raymond Conley pleaded guilty to a federal charge of depriving a woman's rights in court Wednesday. Court documents show he inappropriately searched the woman and then offered to let her go, in exchange for sex.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Tuesday, August 04, 2009
Two Troopers on Leave in Conjunction with Franklin Ryle Jr Investigation
Two state troopers put on leave in conjunction with the investigation of former trooper Franklin Ryle Jr. no longer work for the Wyoming Highway Patrol.
As of Tuesday, Adam Longo and Devan Henderson were no longer employed by the patrol, said the agency's top administrator, Col. Sam Powell.
Powell said he couldn't go into further detail because it was a personnel matter. However, he did say the patrol is swiftly working to fill the vacancies with two recruits who've already accepted positions with the patrol.
Longo and Henderson had been stationed in Casper.
"We are going to move as quickly as we can to fill those vacancies," Powell said.
Longo had been on leave since Feb. 5. Henderson was put on leave Feb. 19.
The men were unavailable for comment Tuesday. Neither has a listed phone number.
In May, the patrol disclosed that both men were on paid leave. At that time, Powell did not explain exactly what prompted the move other than to say it was done in conjunction with the Ryle investigation.
Ryle, a former Douglas-based trooper, pleaded guilty last month to federal civil rights charges. He admitted to arresting a Wal-Mart truck driver in January as part of scheme to kill the driver and stage a crash with his patrol vehicle in order to collect a financial settlement.
Neither Henderson nor Longo has been arrested or charged with any crime.
Henderson told investigators he smuggled steroids from Mexico into the United States in 2003 or 2004, according to an FBI affidavit detailing the Ryle investigation. He claimed he and Ryle used the steroids as part of a body building program.
Ryle was also accused of soliciting Henderson to participate in his scheme to stage a crash with the Wal-Mart truck.
Henderson told an FBI agent he did not report Ryle to anyone because he wasn't sure Ryle was serious and because he didn't want to be considered a rat if the statements proved false, according to the affidavit.
Longo is not mentioned in any of the court documents.
Ryle, who was not indicted on any charges related to the steroid allegations, is awaiting sentencing next month.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/search?q=Ryle
As of Tuesday, Adam Longo and Devan Henderson were no longer employed by the patrol, said the agency's top administrator, Col. Sam Powell.
Powell said he couldn't go into further detail because it was a personnel matter. However, he did say the patrol is swiftly working to fill the vacancies with two recruits who've already accepted positions with the patrol.
Longo and Henderson had been stationed in Casper.
"We are going to move as quickly as we can to fill those vacancies," Powell said.
Longo had been on leave since Feb. 5. Henderson was put on leave Feb. 19.
The men were unavailable for comment Tuesday. Neither has a listed phone number.
In May, the patrol disclosed that both men were on paid leave. At that time, Powell did not explain exactly what prompted the move other than to say it was done in conjunction with the Ryle investigation.
Ryle, a former Douglas-based trooper, pleaded guilty last month to federal civil rights charges. He admitted to arresting a Wal-Mart truck driver in January as part of scheme to kill the driver and stage a crash with his patrol vehicle in order to collect a financial settlement.
Neither Henderson nor Longo has been arrested or charged with any crime.
Henderson told investigators he smuggled steroids from Mexico into the United States in 2003 or 2004, according to an FBI affidavit detailing the Ryle investigation. He claimed he and Ryle used the steroids as part of a body building program.
Ryle was also accused of soliciting Henderson to participate in his scheme to stage a crash with the Wal-Mart truck.
Henderson told an FBI agent he did not report Ryle to anyone because he wasn't sure Ryle was serious and because he didn't want to be considered a rat if the statements proved false, according to the affidavit.
Longo is not mentioned in any of the court documents.
Ryle, who was not indicted on any charges related to the steroid allegations, is awaiting sentencing next month.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/search?q=Ryle
Tuesday, July 21, 2009
Trooper Franklin 'Joe' Ryle Jr Pleads Guilty to Plotting to Kill Trucker
Claiming he wanted to clear his conscience, a former state trooper admitted Monday to arresting a truck driver as part of a scheme to kill him, stage a crash and collect settlement money.
Former Wyoming Highway Patrol trooper Franklin "Joe" Ryle Jr., 42, told a federal judge he didn't follow through with the plan because he couldn't bring himself to kill the trucker.
"There is no way I could harm that guy," Ryle said.
Ryle made the admissions as part of a plea deal with federal prosecutors that came six months after he stopped Wal-Mart trucker Richard Smidt while patrolling near Douglas. The trooper planned to murder Smidt and stage a crash with his patrol vehicle in order to collect a settlement from the corporate giant.
Under the terms of the plea agreement, which was laid out during a hearing in U.S. District Court, Ryle pleaded guilty to depriving the truck driver's civil rights and carrying a pistol during the Jan. 8 crime. The government will dismiss a third charge that alleged Ryle solicited a second trooper to participate in the plot.
Prosecutors will recommend Ryle serve a prison sentence of 19 to 22 years. Ryle's attorneys are free to argue for a lesser sentence.
U.S. District Judge Clarence Brimmer asked Ryle why he was pleading guilty, knowing that it will result in a long prison sentence.
"Because that's everything I did," the 12-year patrol veteran replied.
Speaking in a calm voice, Ryle for the first time publicly recounted the traffic stop that led to his arrest and indictment.
Ryle, who lived in Douglas and patrolled the surrounding area, told the court he was on duty when he stopped the Wal-Mart truck outside of town. He handcuffed Smidt and drove him to his house.
Once there, Ryle told his wife he had found a dead Wal-Mart truck driver and wanted to crash the truck into his patrol car.
"Was the basis of the whole scheme to get a lot of money?" Brimmer asked.
"Yes sir," Ryle answered.
"And you were going to have to kill the truck driver?" the judge replied.
"Yes sir," Ryle answered again.
Ryle said he never took his gun out during the encounter but did touch it at one point. He ultimately drove Smidt back to his truck and let him go.
A week after the traffic stop, Ryle's brother-in-law -- a Casper police officer -- told the highway patrol about the incident. Smidt reported the encounter to patrol officials around the same time.
The patrol put Ryle on leave in mid-January. He was arrested two months later following a state and federal investigation. A federal grand jury indicted him on three charges in May.
Ryle's wife told investigators she suspected he might have been planning to kill her as part of the scheme. He was never charged with plotting to kill her.
She filed for divorce in February.
After the hearing, one of Ryle's attorneys said the former trooper suffered from serious depression and has been diagnosed with post-traumatic stress disorder. The disorder came as a result of Ryle's experiences in the U.S. Marines and with the highway patrol, as well as in his personal life, Assistant Federal Public Defender David Weiss said.
"Joe was kind of a mess," Weiss told reporters.
Police officers should be offered more help to deal with mental health issues that come from their work, the attorney added.
"These guys are under a lot of stress," Weiss said.
Jim Barrett, another federal defender who also represents Ryle, said his client has been depressed for a long time. However, evaluations performed after Ryle's arrest did not show he suffered from a serious enough psychiatric issue to render him incompetent for trial.
Justice Department attorney Edward Caspar, who is prosecuting the case, declined to comment after the hearing and referred questions to his agency's public affairs office.
Ryle will remain in federal custody until sentencing, which is a few months away. He is being held in Scottsbluff, Neb.
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http://www.thetrucker.com/News/Stories/2009/7/21/FormerWyomingtrooperpleadsguiltyinplottokilltrucker.aspx
Former Wyoming Highway Patrol trooper Franklin "Joe" Ryle Jr., 42, told a federal judge he didn't follow through with the plan because he couldn't bring himself to kill the trucker.
"There is no way I could harm that guy," Ryle said.
Ryle made the admissions as part of a plea deal with federal prosecutors that came six months after he stopped Wal-Mart trucker Richard Smidt while patrolling near Douglas. The trooper planned to murder Smidt and stage a crash with his patrol vehicle in order to collect a settlement from the corporate giant.
Under the terms of the plea agreement, which was laid out during a hearing in U.S. District Court, Ryle pleaded guilty to depriving the truck driver's civil rights and carrying a pistol during the Jan. 8 crime. The government will dismiss a third charge that alleged Ryle solicited a second trooper to participate in the plot.
Prosecutors will recommend Ryle serve a prison sentence of 19 to 22 years. Ryle's attorneys are free to argue for a lesser sentence.
U.S. District Judge Clarence Brimmer asked Ryle why he was pleading guilty, knowing that it will result in a long prison sentence.
"Because that's everything I did," the 12-year patrol veteran replied.
Speaking in a calm voice, Ryle for the first time publicly recounted the traffic stop that led to his arrest and indictment.
Ryle, who lived in Douglas and patrolled the surrounding area, told the court he was on duty when he stopped the Wal-Mart truck outside of town. He handcuffed Smidt and drove him to his house.
Once there, Ryle told his wife he had found a dead Wal-Mart truck driver and wanted to crash the truck into his patrol car.
"Was the basis of the whole scheme to get a lot of money?" Brimmer asked.
"Yes sir," Ryle answered.
"And you were going to have to kill the truck driver?" the judge replied.
"Yes sir," Ryle answered again.
Ryle said he never took his gun out during the encounter but did touch it at one point. He ultimately drove Smidt back to his truck and let him go.
A week after the traffic stop, Ryle's brother-in-law -- a Casper police officer -- told the highway patrol about the incident. Smidt reported the encounter to patrol officials around the same time.
The patrol put Ryle on leave in mid-January. He was arrested two months later following a state and federal investigation. A federal grand jury indicted him on three charges in May.
Ryle's wife told investigators she suspected he might have been planning to kill her as part of the scheme. He was never charged with plotting to kill her.
She filed for divorce in February.
After the hearing, one of Ryle's attorneys said the former trooper suffered from serious depression and has been diagnosed with post-traumatic stress disorder. The disorder came as a result of Ryle's experiences in the U.S. Marines and with the highway patrol, as well as in his personal life, Assistant Federal Public Defender David Weiss said.
"Joe was kind of a mess," Weiss told reporters.
Police officers should be offered more help to deal with mental health issues that come from their work, the attorney added.
"These guys are under a lot of stress," Weiss said.
Jim Barrett, another federal defender who also represents Ryle, said his client has been depressed for a long time. However, evaluations performed after Ryle's arrest did not show he suffered from a serious enough psychiatric issue to render him incompetent for trial.
Justice Department attorney Edward Caspar, who is prosecuting the case, declined to comment after the hearing and referred questions to his agency's public affairs office.
Ryle will remain in federal custody until sentencing, which is a few months away. He is being held in Scottsbluff, Neb.
________________________________
http://www.thetrucker.com/News/Stories/2009/7/21/FormerWyomingtrooperpleadsguiltyinplottokilltrucker.aspx
Saturday, July 18, 2009
Former Officer Feliciano Sanchez Pleads Guilty to Sexual Assault
A former California police officer accused of sexually assaulting a motorist during a traffic stop pleaded guilty in federal court, federal prosecutors said Friday.
Federal prosecutors charged Feliciano Sanchez with deprivation of rights under color of law.
Feliciano Sanchez, 34, admitted in court Thursday that while on duty on May 16, 2007, he pulled over a female driver in a traffic stop and forced her to perform oral sex on him, according to a news release from U.S. Attorney Thomas O'Brien, who heads the office for the Central District.
Sanchez, then of Los Angeles County's Bell Police Department, stopped the woman for speeding or weaving down the road, said central California U.S. attorney spokesman Thom Mrozek, citing court documents.
After learning the woman, identified as R.H. in court documents, did not have a driver's license with her, Sanchez told her he suspected her of drinking and her car would be towed, Mrozek said.
Sanchez offered to drive R.H. to her job, but instead drove her to the parking lot of an auto repair outlet in Bell, Mrozek said.
Sanchez placed his hand on his gun and forced her to perform sex on him in his patrol car, Mrozek said. Afterward, Sanchez drove R.H. to her work place, Mrozek said.
"Officer Sanchez brutalized a person he had sworn to serve," O'Brien said in the release. "As a result of his criminal conduct, Mr. Sanchez now faces a substantial amount of time in federal prison. His conduct eroded public confidence in law enforcement and cast a pall over his former colleagues who obey the law, proudly working to preserve public safety."
Federal prosecutors charged Sanchez with a civil rights violation, according to the release.
The crime carries a maximum penalty of 10 years in prison upon sentencing. Sanchez has been held without bond since his arrest in May 2007, Mrozek said. Sanchez's sentencing is scheduled for November 18.
Sanchez resigned as an officer after his indictment, Bell Police Department Capt. Anthony Miranda said. Miranda said Sanchez's case was a first for the department.
Federal prosecutors charged Feliciano Sanchez with deprivation of rights under color of law.
Feliciano Sanchez, 34, admitted in court Thursday that while on duty on May 16, 2007, he pulled over a female driver in a traffic stop and forced her to perform oral sex on him, according to a news release from U.S. Attorney Thomas O'Brien, who heads the office for the Central District.
Sanchez, then of Los Angeles County's Bell Police Department, stopped the woman for speeding or weaving down the road, said central California U.S. attorney spokesman Thom Mrozek, citing court documents.
After learning the woman, identified as R.H. in court documents, did not have a driver's license with her, Sanchez told her he suspected her of drinking and her car would be towed, Mrozek said.
Sanchez offered to drive R.H. to her job, but instead drove her to the parking lot of an auto repair outlet in Bell, Mrozek said.
Sanchez placed his hand on his gun and forced her to perform sex on him in his patrol car, Mrozek said. Afterward, Sanchez drove R.H. to her work place, Mrozek said.
"Officer Sanchez brutalized a person he had sworn to serve," O'Brien said in the release. "As a result of his criminal conduct, Mr. Sanchez now faces a substantial amount of time in federal prison. His conduct eroded public confidence in law enforcement and cast a pall over his former colleagues who obey the law, proudly working to preserve public safety."
Federal prosecutors charged Sanchez with a civil rights violation, according to the release.
The crime carries a maximum penalty of 10 years in prison upon sentencing. Sanchez has been held without bond since his arrest in May 2007, Mrozek said. Sanchez's sentencing is scheduled for November 18.
Sanchez resigned as an officer after his indictment, Bell Police Department Capt. Anthony Miranda said. Miranda said Sanchez's case was a first for the department.
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Tuesday, May 26, 2009
Sheriff Terrry Jones & Undersheriff Charged with Taking Money During Traffic Stop
The McIntosh County Sheriff's Department is facing some tough challenges after their sheriff and undersheriff were both accused of taking money during a traffic stop.
Sheriff Terry Jones and Undersheriff Mykol Brookshire face federal charges and could spend up to a year in prison if convicted. Jones has now resigned from his post.
McIntosh County has a brand new 8-million dollar jail and no sheriff to operate it. It's supposed to open in July. That's why county commissioners are scrambling to find someone to run it.
"To have something like this happen, now we've got to go back and look at that again," says District Two Commissioner Tim Pendley.
It was Friday when county commissioners first learned the sheriff had resigned.
"Yeah, it was a shock," says District Three Commissioner Ronnie Layman. "Nobody expected something like that to happen."
Jones and Brookshire were detained Friday. It is alleged they stole money from an individual during a traffic stop.
"Really thought we'd be represented better," says Bridgette, a resident of Eufaula. "He's supposed to be looking out for our community, not taking from it. I would have expected something different."
Jones and Brookshire are innocent until proven guilty. But, some feel it's a black eye for other elected officials.
"Makes it look bad on all elected officials," says District One Commissioner Bob James. "I feel like it does. You're kinda guilty by association I guess."
Commissioners say they have confidence in the sheriff's department, for those stepping in and covering all the shifts. To the citizens of McIntosh County, they say they will get through it.
We spoke with U.S. Attorney Sheldon Sperling, who says we should know more details about the former sheriff in court later this week. There, Jones is expected to answer the charges against him.
Sheriff Terry Jones and Undersheriff Mykol Brookshire face federal charges and could spend up to a year in prison if convicted. Jones has now resigned from his post.
McIntosh County has a brand new 8-million dollar jail and no sheriff to operate it. It's supposed to open in July. That's why county commissioners are scrambling to find someone to run it.
"To have something like this happen, now we've got to go back and look at that again," says District Two Commissioner Tim Pendley.
It was Friday when county commissioners first learned the sheriff had resigned.
"Yeah, it was a shock," says District Three Commissioner Ronnie Layman. "Nobody expected something like that to happen."
Jones and Brookshire were detained Friday. It is alleged they stole money from an individual during a traffic stop.
"Really thought we'd be represented better," says Bridgette, a resident of Eufaula. "He's supposed to be looking out for our community, not taking from it. I would have expected something different."
Jones and Brookshire are innocent until proven guilty. But, some feel it's a black eye for other elected officials.
"Makes it look bad on all elected officials," says District One Commissioner Bob James. "I feel like it does. You're kinda guilty by association I guess."
Commissioners say they have confidence in the sheriff's department, for those stepping in and covering all the shifts. To the citizens of McIntosh County, they say they will get through it.
We spoke with U.S. Attorney Sheldon Sperling, who says we should know more details about the former sheriff in court later this week. There, Jones is expected to answer the charges against him.
Wednesday, February 04, 2009
Officer Lawrence Etsitty Jr Faces Sexual Assault Charges
GALLUP
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Monday, January 26, 2009
Former Sheriff Bill Keating Pleads Guilty to Forcing Woman to Give Him Oral Sex
The former sheriff of Montague County has admitted sexually assaulting a woman after promising her he wouldn't arrest her when deputies found drug paraphernalia in her house.
Bill Keating, whose four-year term as sheriff ended Jan. 1, agreed Friday to plead guilty to a federal charge of deprivation of civil rights under color of law after he confessed to authorities that he had forced the woman to give him oral sex after a drug raid Nov. 14.
Keating, 61, is expected to turn himself in at a hearing at 10:30 a.m. Thursday before Magistrate Judge R. Kerry Roach in Wichita Falls. His attorney, Mark Daniel of Fort Worth, declined to comment Monday.
The FBI and Texas Rangers are investigating further allegations of sexual misconduct by Keating and other former Montague County employees at the jail, and state charges could result, officials said.
"The citizens of the county will be chagrined at what's going to be shown," said Montague County District Attorney Jack McGaughey. He said that by mid-February he expects to have secured indictments against the former sheriff as well as up to a dozen former jail personnel and prisoners alleging sexual misconduct inside the jail.
Problems at the jail surfaced after the FBI moved a handful of inmates out in December.
Within minutes of his swearing in, the new sheriff found the jail in an upheaval. He transferred out dozens of inmates and began assessing the crumbling infrastructure and security controls. The price tag so far: more than $750,000.
According to court papers filed Monday, on the morning of Nov. 14, Keating and some of his deputies executed an arrest warrant at a home occupied by a woman and her boyfriend.
Keating, wearing civilian clothes but with his gun and badge on his belt, entered the bedroom and found the couple sleeping. Meanwhile, deputies found paraphernalia used to make methamphetamine, and traces of what appeared to be meth in a plastic container.
Keating directed his deputies to arrest the boyfriend, then ordered another deputy to leave the bedroom.
"You are about to be my new best friend," he told the woman after she had gotten dressed and he had closed the door, according to court documents.
He told the woman that he found illegal drugs in her house and that "in order to avoid going to jail, she would be required to 'assist' him," or perform oral sex on him, court documents state.
Keating told the woman that "if she complied ... he would assist her in obtaining a job, a place to live and she would not be criminally charged with possessing any drugs or drug-making equipment that was found within the residence," court documents state.
If she did not comply, "she would go straight to jail," court documents state.
Keating then took the woman to his personal vehicle, which was parked outside. He drove her to a secluded area off a farm-to-market road and parked.
"He unzipped his pants, instructed [the woman] to perform oral sex on him, and grabbed the back of her neck and pushed her head down into his lap causing her pain and bodily injury," court papers state.
The sheriff later admitted to federal authorities that he had the woman perform oral sex on him "on multiple occasions" and agree to be a Montague County Sheriff's Ddepartment informant.
If convicted of the federal charge, Keating faces up to 10 years in prison and up to a $250,000 fine.
"What a jerk," said Paul Cunningham, who replaced Keating as sheriff this year, after learning the specifics of the federal charge Monday afternoon. "There ain't no other way to put it."
Within minutes of taking the oath as sheriff just after midnight on Jan. 1, Cunningham found the county jail in disarray. Inside some cells, he found, among other things: recliners, doors that lock from the inside, pills scattered about, and makeshift privacy partitions fashioned out of paper towels strung on ropes.
He immediately ordered 56 inmates transferred to neighboring Wise County. A few weeks earlier, the FBI took five inmates from Montague County and moved them to Wise County as its investigation showed mounting abuses.
The Montague County Jail is currently accepting inmates, but if they cannot bond out within 48 hours, they are transferred to Wise County, Cunningham said.
Just before the year ended, five jailers resigned "after they talked to federal authorities," Cunningham said. Two dispatchers also resigned before Cunningham took office. The new sheriff has not fired any jail staff.
Cunningham said Monday it will cost $857,000 to repair the jail. That includes repairing or replacing the security camera system, jail control boards, fire alarms and the air conditioning and heating systems.
"All that stuff was either faulty or missing," Cunningham said.
The Texas Commission on Jail Standards is monitoring Cunningham's progress.
"I've got to commend the new sheriff for taking the bull by the horns and doing what he had to do," said Adan Muñoz Jr., the commission's executive director. "I've seen photographs and it's horrible."
The sheriff is expected to testify before the commission on Feb. 5.
In October, state inspectors found that the jail's fire alarm system was still faulty after it had been red-tagged in an earlier inspection.
Other Information: http://www.star-telegram.com/804/story/1166100.html
Bill Keating, whose four-year term as sheriff ended Jan. 1, agreed Friday to plead guilty to a federal charge of deprivation of civil rights under color of law after he confessed to authorities that he had forced the woman to give him oral sex after a drug raid Nov. 14.
Keating, 61, is expected to turn himself in at a hearing at 10:30 a.m. Thursday before Magistrate Judge R. Kerry Roach in Wichita Falls. His attorney, Mark Daniel of Fort Worth, declined to comment Monday.
The FBI and Texas Rangers are investigating further allegations of sexual misconduct by Keating and other former Montague County employees at the jail, and state charges could result, officials said.
"The citizens of the county will be chagrined at what's going to be shown," said Montague County District Attorney Jack McGaughey. He said that by mid-February he expects to have secured indictments against the former sheriff as well as up to a dozen former jail personnel and prisoners alleging sexual misconduct inside the jail.
Problems at the jail surfaced after the FBI moved a handful of inmates out in December.
Within minutes of his swearing in, the new sheriff found the jail in an upheaval. He transferred out dozens of inmates and began assessing the crumbling infrastructure and security controls. The price tag so far: more than $750,000.
According to court papers filed Monday, on the morning of Nov. 14, Keating and some of his deputies executed an arrest warrant at a home occupied by a woman and her boyfriend.
Keating, wearing civilian clothes but with his gun and badge on his belt, entered the bedroom and found the couple sleeping. Meanwhile, deputies found paraphernalia used to make methamphetamine, and traces of what appeared to be meth in a plastic container.
Keating directed his deputies to arrest the boyfriend, then ordered another deputy to leave the bedroom.
"You are about to be my new best friend," he told the woman after she had gotten dressed and he had closed the door, according to court documents.
He told the woman that he found illegal drugs in her house and that "in order to avoid going to jail, she would be required to 'assist' him," or perform oral sex on him, court documents state.
Keating told the woman that "if she complied ... he would assist her in obtaining a job, a place to live and she would not be criminally charged with possessing any drugs or drug-making equipment that was found within the residence," court documents state.
If she did not comply, "she would go straight to jail," court documents state.
Keating then took the woman to his personal vehicle, which was parked outside. He drove her to a secluded area off a farm-to-market road and parked.
"He unzipped his pants, instructed [the woman] to perform oral sex on him, and grabbed the back of her neck and pushed her head down into his lap causing her pain and bodily injury," court papers state.
The sheriff later admitted to federal authorities that he had the woman perform oral sex on him "on multiple occasions" and agree to be a Montague County Sheriff's Ddepartment informant.
If convicted of the federal charge, Keating faces up to 10 years in prison and up to a $250,000 fine.
"What a jerk," said Paul Cunningham, who replaced Keating as sheriff this year, after learning the specifics of the federal charge Monday afternoon. "There ain't no other way to put it."
Within minutes of taking the oath as sheriff just after midnight on Jan. 1, Cunningham found the county jail in disarray. Inside some cells, he found, among other things: recliners, doors that lock from the inside, pills scattered about, and makeshift privacy partitions fashioned out of paper towels strung on ropes.
He immediately ordered 56 inmates transferred to neighboring Wise County. A few weeks earlier, the FBI took five inmates from Montague County and moved them to Wise County as its investigation showed mounting abuses.
The Montague County Jail is currently accepting inmates, but if they cannot bond out within 48 hours, they are transferred to Wise County, Cunningham said.
Just before the year ended, five jailers resigned "after they talked to federal authorities," Cunningham said. Two dispatchers also resigned before Cunningham took office. The new sheriff has not fired any jail staff.
Cunningham said Monday it will cost $857,000 to repair the jail. That includes repairing or replacing the security camera system, jail control boards, fire alarms and the air conditioning and heating systems.
"All that stuff was either faulty or missing," Cunningham said.
The Texas Commission on Jail Standards is monitoring Cunningham's progress.
"I've got to commend the new sheriff for taking the bull by the horns and doing what he had to do," said Adan Muñoz Jr., the commission's executive director. "I've seen photographs and it's horrible."
The sheriff is expected to testify before the commission on Feb. 5.
In October, state inspectors found that the jail's fire alarm system was still faulty after it had been red-tagged in an earlier inspection.
Other Information: http://www.star-telegram.com/804/story/1166100.html
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