Surveillance video of confrontation in Summit County Domestic Relations Court:
A woman was injured and then charged with resisting arrest after a Summit County sheriff’s deputy pried open her jaw after she took prescription Tylenol.
The incident took place in a prisoner-holding room in domestic relations court where Siobhan Householder, 35, said she was told to wait last week while a warrant was being lifted on a charge of failing to appear at a hearing.
The Akron woman went to court on her own May 8 and said she didn’t believe she was in custody and, therefore, felt free to take the Tylenol for a tooth infection.
A sheriff’s spokesman, however, said Wednesday that the woman was in custody and she was stopped from taking the medication for her own protection.
An internal investigation, as required by department policy, is underway because of the deputy’s use of force.
A surveillance camera mounted inside the room shows Deputy Eric Vaughan leaving the holding room with a jail inmate about 2:35 p.m. Householder then walks in alone with her purse, a second bag and a plastic cup of soda and takes a seat.
There is no audio with the video. The deputy and inmate soon return.
After the deputy was there about two minutes, Householder said she took two Tylenol pills along with a sip of soda. She was taking a third when the deputy confronted her, she said.
“He said, ‘What are you taking?’ and I said, Tylenol,” she recalled. “And he said, ‘Spit it out’ and I said, ‘I can’t.’ I meant to say I can’t spit it out because I had already swallowed the other pills.
“But I didn’t even get that part out before he just yanked me up and threw me down on the ground and was trying to dig these pills out of mouth.
“And there was one [pill] in there and I couldn’t even get it out because he kept shoving his hand in my mouth and squeezing my face and pulling my hair at the same time.”
Wrestled to floor
The deputy is seen in the video grabbing the woman’s hair at the back of her head and taking his hand to her jaw while wrestling her to the floor.
“He was pulling down on my bottom lip and squeezing my face at the same time,” she said in an interview Tuesday. “He basically pulled my lip away from my teeth.”
She said she suffered a bruised chin, cuts inside her mouth, bruises to her legs and some hair loss.
At one point during the tussle, the prescription bottle falls to the floor and the deputy picks it up and reads the label. He eventually appears to collect a single Tylenol pill that fell on the carpeting.
Afterward, Householder, a mother of three, was handcuffed and frisked and her bags were searched. She was then taken to Akron General Medical Center.
“They were acting like I wanted to escape from Alcatraz. It was awful,” she said.
Sheriff’s Inspector Bill Holland, speaking on behalf of the department and deputy, said Vaughan was ordered to take Householder into custody. Householder said she was unaware she was in custody.
“While taking Ms. Householder into custody, Deputy Vaughan witnessed her attempt to ingest several pills. He restrained her for her safety and she was transported to a local hospital where she was treated and released,” Holland wrote in an emailed statement.
A court spokeswoman also said Householder was in custody until she could be booked and released.
In fact, jail records show Householder was “remote booked and released on domestic relations case” that same afternoon, either from the courthouse or the hospital.
A magistrate also signed the order lifting the warrant that same day.
Treated at scene
Paramedics treated Householder at the scene for a bloody mouth. She was in the hospital ER when she was released with summonses on charges of resisting arrest and obstructing official business.
She has a prior resisting-arrest charge stemming from an unrelated incident in April.
Deputies in the courthouse seized her prescribed medications, which include the nine Tylenol and two diazepam tablets. They also seized 26 ibuprofen tablets Householder had in a plastic sandwich bag that were kept in her purse, and three unknown pills they said were in a latex glove. Householder disputes putting any pills in a latex glove.
She has not been charged with any drug offenses.
Showing posts with label excessive force. Show all posts
Showing posts with label excessive force. Show all posts
Tuesday, May 20, 2014
Wednesday, May 14, 2014
Officer Justin Ranum & Officer Matthew Booth Accused of Using Excessive Force
Two former Daytona Beach police officers are out of a job after a controversial and violent arrest.
An internal affairs investigation revealed former officer Justin Ranum turned off his body camera during an incident under the Seabreeze Bridge.
In June of 2013, police say 37-year-old Christine Chippewa was approached by Ranum and former officer Matthew Booth in the parking lot of the bridge.
After the officers allege they saw Chippewa put a bag of cocaine in her mouth they took her down, but the body camera video doesn't show the take down and Daytona Beach Police Chief Mike Chitwood says that's a problem.
"Clearly in the middle of the arrest the camera goes blank and then I have a woman with her teeth knocked out of her mouth and headed to the hospital," said Chitwood. "And I have this documentation of 'Oh these things happened,' well why'd your camera go off?"
And according to Chitwood, Ranum turned it off himself.
Meanwhile, after being arrested, Chippewa filed a complaint with the Daytona Beach Police Department claiming that the officers used excessive force during the arrest.
She says Booth put his fingers down her throat, shoved a flashlight in her mouth and kicked her in the head.
"Further investigation into officer Booth and the injuries that this woman suffered are conducive to excessive force and that's not how we operate," said Chitwood.
Chitwood went on to say the actions that were displayed are against station police and that's why both officers are now off the job. Ranum reportedly resigned and Booth was reportedly fired.
Chippewa settled with the city of Daytona Beach for $20,000 and all of her charges were dropped.
An internal affairs investigation revealed former officer Justin Ranum turned off his body camera during an incident under the Seabreeze Bridge.
In June of 2013, police say 37-year-old Christine Chippewa was approached by Ranum and former officer Matthew Booth in the parking lot of the bridge.
After the officers allege they saw Chippewa put a bag of cocaine in her mouth they took her down, but the body camera video doesn't show the take down and Daytona Beach Police Chief Mike Chitwood says that's a problem.
"Clearly in the middle of the arrest the camera goes blank and then I have a woman with her teeth knocked out of her mouth and headed to the hospital," said Chitwood. "And I have this documentation of 'Oh these things happened,' well why'd your camera go off?"
And according to Chitwood, Ranum turned it off himself.
Meanwhile, after being arrested, Chippewa filed a complaint with the Daytona Beach Police Department claiming that the officers used excessive force during the arrest.
She says Booth put his fingers down her throat, shoved a flashlight in her mouth and kicked her in the head.
"Further investigation into officer Booth and the injuries that this woman suffered are conducive to excessive force and that's not how we operate," said Chitwood.
Chitwood went on to say the actions that were displayed are against station police and that's why both officers are now off the job. Ranum reportedly resigned and Booth was reportedly fired.
Chippewa settled with the city of Daytona Beach for $20,000 and all of her charges were dropped.
Monday, April 28, 2014
Officer Frank Phillips Charged with Police Brutality
Usually, after charges of police brutality, police officials take their time reacting while they follow procedure to determine who did what. But this episode in Knoxville, Tenn., was so extreme and well-documented that the local sheriff fired the officer immediately.
Frank Phillips, a Knox County Sheriff’s officer, was fired Sunday night after a series of pictures taken by photographer John Messner were published in the Daily Mail in Britain. They showed an officer identified by the Sheriff’s Office as Phillips grabbing 21-year-old college student Jarod Dotson around the neck and squeezing him until he fell to his knees.
An officer identified by the Sheriff’s office as Frank Phillips is seen choking college student Jarod Dotson while he was being arrested for public intoxication and resisting arrest.
WBIR reports that law enforcement responded to a “disturbance” near the University of Tennessee where a house party with about 800 people had reportedly become unruly and spilled out into the street.
According to a police report, Dotson ignored repeated instructions to go inside, the Knoxville News Sentinel reported. Deputy Brandon Gilliam wrote in the official report that Dotson “began to physically resist officers’ instructions to place his hands behind his back, and at one point grabbed on to an officer’s leg.”
Messner, a freelance photographer who documented the incident, told The Washington Post that Dotson showed no signs of resisting arrest.
Messner’s still pictures, arranged by The Post in the GIF show two officers cuffing Dotson’s hands behind his back when Phillips came over and choked Dotson until he collapsed to his knees. Messner said that as Dotson was being pulled up he was smacked in the back of the head, “a snap-out-of-it kinda smack under the circumstances.”
Jarod Dotson was charged with public intoxication and resisting arrest. He was released from jail on a $500 bond Sunday morning.
In a press release on Sunday night, Sheriff Jimmy “J.J.” Jones said:
Frank Phillips, a Knox County Sheriff’s officer, was fired Sunday night after a series of pictures taken by photographer John Messner were published in the Daily Mail in Britain. They showed an officer identified by the Sheriff’s Office as Phillips grabbing 21-year-old college student Jarod Dotson around the neck and squeezing him until he fell to his knees.
An officer identified by the Sheriff’s office as Frank Phillips is seen choking college student Jarod Dotson while he was being arrested for public intoxication and resisting arrest.
WBIR reports that law enforcement responded to a “disturbance” near the University of Tennessee where a house party with about 800 people had reportedly become unruly and spilled out into the street.
According to a police report, Dotson ignored repeated instructions to go inside, the Knoxville News Sentinel reported. Deputy Brandon Gilliam wrote in the official report that Dotson “began to physically resist officers’ instructions to place his hands behind his back, and at one point grabbed on to an officer’s leg.”
Messner, a freelance photographer who documented the incident, told The Washington Post that Dotson showed no signs of resisting arrest.
Messner’s still pictures, arranged by The Post in the GIF show two officers cuffing Dotson’s hands behind his back when Phillips came over and choked Dotson until he collapsed to his knees. Messner said that as Dotson was being pulled up he was smacked in the back of the head, “a snap-out-of-it kinda smack under the circumstances.”
Jarod Dotson was charged with public intoxication and resisting arrest. He was released from jail on a $500 bond Sunday morning.
In a press release on Sunday night, Sheriff Jimmy “J.J.” Jones said:
“In my 34 years of law enforcement experience, excessive force has never been tolerated. After an investigation by the Office of Professional Standards, I believe excessive force was used in this incident. The investigation will now be turned over to the Knox County Attorney General’s Office to determine any further action.”
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.
Wednesday, April 23, 2014
Officer Investigated After Man Severely Injured After Arrest
An internal investigation is underway into an incident between a Chillicothe Police officer and a man he arrested.
The officer arrested the man for public intoxication Saturday morning.
While in police custody he ended up with a black eye. He also says he has a concussion.
The Chillicothe Police officer involved says he found 24 year old Matt Mitchell apparently drunk and urinating on a building on the corner of North Paint and East Second Streets when he took him into custody.
Mitchell denies that, and disagrees with just about everything else police say happened during an incident that ended with him being airlifted to a hospital in Columbus.
Matt Mitchell admits he has a criminal record.
He admits he'd been drinking at a Chillicothe bar late Friday into Saturday.
But he says nothing in his past, or his actions this weekend, justify the injuries he suffered while in police custody.
"From right here, all the way down here, back in through here, all the way down through here is fractured,” Mitchell said, pointing to his blackened eye. “And I got a mild concussion in my head."
He says he was being booked inside the Ross County Jail when he lost his footing and ended up on all fours.
"And I heard them- they thought I was doing something, reach down to my socks or something,” Mitchell said. “They said ‘lay down on the ground now!’ I said ‘okay, that's where I'm going’ then. And I looked over to see who said it to me, and the next think I know, just boom. I got hit, right here in the side of my face by something. I don't know what it was."
The incident report tells a different story, describing Mitchell as disorderly and uncooperative.
Here’s the series of events as written by the officer, whom 10TV is not naming because he has not been found guilty of wrongdoing:
"(Officer) told him numerous times to stop trying to pull away so (officer) could take the handcuffs off but as before he continued to refuse. As (officer) went to take off one of the handcuffs, Mr. Mitchell started pushing his body off of the wall and trying to pull his arms back toward him yelling... He then tried to spin around so he would be facing Ofc. At this point (officer) grabbed a hold of Mr. Mitchell and tried to put him on the ground so he could be better controlled, however he continued to resist causing (officer) to use more force to put him down. Just as he started to fall with (officer) coming down behind him, (officer) heard Mr. Mitchell's head strike the ground. Mr. Mitchell was knocked unconscious."
"That did not happen at all,” said Mitchell. “There was nobody that fell behind me on top of me. No. I know exactly what happened. I got hit in the face."
Mitchell was flown to a Columbus hospital and was released Sunday.
He says he is confident security camera video of the incident will back up his version of events.
Chillicothe Police Chief Roger Moore has asked the Sheriff's Office not to release video of the incident until his internal investigation is complete.
He says that should take a couple of days, but says even then, he will have no comment on this matter.
The officer arrested the man for public intoxication Saturday morning.
While in police custody he ended up with a black eye. He also says he has a concussion.
The Chillicothe Police officer involved says he found 24 year old Matt Mitchell apparently drunk and urinating on a building on the corner of North Paint and East Second Streets when he took him into custody.
Mitchell denies that, and disagrees with just about everything else police say happened during an incident that ended with him being airlifted to a hospital in Columbus.
Matt Mitchell admits he has a criminal record.
He admits he'd been drinking at a Chillicothe bar late Friday into Saturday.
But he says nothing in his past, or his actions this weekend, justify the injuries he suffered while in police custody.
"From right here, all the way down here, back in through here, all the way down through here is fractured,” Mitchell said, pointing to his blackened eye. “And I got a mild concussion in my head."
He says he was being booked inside the Ross County Jail when he lost his footing and ended up on all fours.
"And I heard them- they thought I was doing something, reach down to my socks or something,” Mitchell said. “They said ‘lay down on the ground now!’ I said ‘okay, that's where I'm going’ then. And I looked over to see who said it to me, and the next think I know, just boom. I got hit, right here in the side of my face by something. I don't know what it was."
The incident report tells a different story, describing Mitchell as disorderly and uncooperative.
Here’s the series of events as written by the officer, whom 10TV is not naming because he has not been found guilty of wrongdoing:
"(Officer) told him numerous times to stop trying to pull away so (officer) could take the handcuffs off but as before he continued to refuse. As (officer) went to take off one of the handcuffs, Mr. Mitchell started pushing his body off of the wall and trying to pull his arms back toward him yelling... He then tried to spin around so he would be facing Ofc. At this point (officer) grabbed a hold of Mr. Mitchell and tried to put him on the ground so he could be better controlled, however he continued to resist causing (officer) to use more force to put him down. Just as he started to fall with (officer) coming down behind him, (officer) heard Mr. Mitchell's head strike the ground. Mr. Mitchell was knocked unconscious."
"That did not happen at all,” said Mitchell. “There was nobody that fell behind me on top of me. No. I know exactly what happened. I got hit in the face."
Mitchell was flown to a Columbus hospital and was released Sunday.
He says he is confident security camera video of the incident will back up his version of events.
Chillicothe Police Chief Roger Moore has asked the Sheriff's Office not to release video of the incident until his internal investigation is complete.
He says that should take a couple of days, but says even then, he will have no comment on this matter.
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.
Tuesday, April 15, 2014
Trooper Kelly Cruz Acquitted of Stomping Handcuffed Man
(No Protect and Serve going on here.)
A Pennsylvania state trooper accused of stomping a handcuffed man in the head during a botched 2009 drug raid was acquitted Monday of a federal civil rights violation charge.
Cheers and applause erupted in the courtroom from more than two dozen of Kelly Cruz's law enforcement colleagues as the jury delivered its verdict to U.S. District Judge Mary A. McLaughlin. It took less than two hours for the panel of five men and seven women to come to its decision.
A visibly relieved Cruz declined to comment. His lawyer, Christian J. Hoey, described the verdict as "a good decision."
"Nobody celebrates the fact someone was injured," he said. "But he's a heck of a law enforcement officer and an asset to the United States."
Cruz, 44, of Oxford, never denied that he caused the injuries sustained by 22-year-old Zachary Bare during an August raid on the man's home in Chester County. He testified Friday that he did not realize Bare was handcuffed at the time and thought he was trying to stand to attack him.
He told jurors that he pinned Bare's shoulder with his foot in an attempt to keep him on the ground - all while Bare was screaming obscenities and rolling on the floor.
"I responded the way I was trained to respond," he testified Friday. "I reacted to what I saw. If I fail, I don't come home to my family."
Prosecutors described a vastly different incident - involving a kick to the back of Bare's head, witnessed by at least one police officer, as the man lay handcuffed and prone on his kitchen floor.
The impact left Bare with shattered teeth, a broken nose, and two facial fractures.
Cruz was working as a liaison to a Chester County drug task force and assisting the West Whiteland Police Department on what was to be a surprise assault on a suspected meth lab in an Exton house. When officers arrived, the men inside spotted them and tried to escape.
Officer Jeffrey McCloskey told jurors last week he saw Bare running nearby and followed him to a house five doors down. He ordered Bare to the floor as another officer handcuffed him. Another West Whiteland officer, Glenn Cockerham, testified he witnessed Cruz kick Bare - a use of force he later described in an investigative report as "totally unnecessary."
Investigators eventually determined that Bare was not at the drug house at the time of the raid and he was never charged in the case.
Hoey contended throughout the six-day trial that the West Whiteland officers sought to shift blame for Bare's botched arrest onto Cruz.
"We're obviously disappointed," Linwood C. Wright Jr., one of the assistant U.S. attorneys who tried the case, said Monday. "We believe in the West Whiteland Police Department."
Monday's verdict came three years after a Chester County grand jury declined to indict Cruz over the same incident and two years after the Pennsylvania State Police settled a lawsuit from Bare for $125,000.
Cruz was suspended without pay shortly after a federal grand jury indicted him in August 2013. He is expected to return to his job as a corporal in the state police's Avondale barracks, Hoey said.
A Pennsylvania state trooper accused of stomping a handcuffed man in the head during a botched 2009 drug raid was acquitted Monday of a federal civil rights violation charge.
Cheers and applause erupted in the courtroom from more than two dozen of Kelly Cruz's law enforcement colleagues as the jury delivered its verdict to U.S. District Judge Mary A. McLaughlin. It took less than two hours for the panel of five men and seven women to come to its decision.
A visibly relieved Cruz declined to comment. His lawyer, Christian J. Hoey, described the verdict as "a good decision."
"Nobody celebrates the fact someone was injured," he said. "But he's a heck of a law enforcement officer and an asset to the United States."
Cruz, 44, of Oxford, never denied that he caused the injuries sustained by 22-year-old Zachary Bare during an August raid on the man's home in Chester County. He testified Friday that he did not realize Bare was handcuffed at the time and thought he was trying to stand to attack him.
He told jurors that he pinned Bare's shoulder with his foot in an attempt to keep him on the ground - all while Bare was screaming obscenities and rolling on the floor.
"I responded the way I was trained to respond," he testified Friday. "I reacted to what I saw. If I fail, I don't come home to my family."
Prosecutors described a vastly different incident - involving a kick to the back of Bare's head, witnessed by at least one police officer, as the man lay handcuffed and prone on his kitchen floor.
The impact left Bare with shattered teeth, a broken nose, and two facial fractures.
Cruz was working as a liaison to a Chester County drug task force and assisting the West Whiteland Police Department on what was to be a surprise assault on a suspected meth lab in an Exton house. When officers arrived, the men inside spotted them and tried to escape.
Officer Jeffrey McCloskey told jurors last week he saw Bare running nearby and followed him to a house five doors down. He ordered Bare to the floor as another officer handcuffed him. Another West Whiteland officer, Glenn Cockerham, testified he witnessed Cruz kick Bare - a use of force he later described in an investigative report as "totally unnecessary."
Investigators eventually determined that Bare was not at the drug house at the time of the raid and he was never charged in the case.
Hoey contended throughout the six-day trial that the West Whiteland officers sought to shift blame for Bare's botched arrest onto Cruz.
"We're obviously disappointed," Linwood C. Wright Jr., one of the assistant U.S. attorneys who tried the case, said Monday. "We believe in the West Whiteland Police Department."
Monday's verdict came three years after a Chester County grand jury declined to indict Cruz over the same incident and two years after the Pennsylvania State Police settled a lawsuit from Bare for $125,000.
Cruz was suspended without pay shortly after a federal grand jury indicted him in August 2013. He is expected to return to his job as a corporal in the state police's Avondale barracks, Hoey said.
Wednesday, April 02, 2014
Officer Craig Taylor Charged with Elderly Mans Death
Park Forest Police Officer Craig Taylor is charged with felony reckless conduct in the death of a 95-year-old man at a senior facility.
He was allowed to remain free without posting bond Wednesday.
John Wrana, 95, died during an altercation with police at the Victory Centre Senior Living Facility in the south suburb. Officer Taylor used a stun gun and fired beanbag rounds at the elderly man, prosecutors say.
Workers at the senior home called paramedics in July 2013 when Wrana became belligerent. They called police, who used a stun gun on Wrana. When that didn't work, Officer Taylor allegedly shot Wrana, who was sitting in a chair, in the stomach with six beanbag rounds from a shotgun.
Police say Wrana threatened workers and officers with a cane, 2-foot-long metal shoehorn originally thought to be a machete and 12-inch butcher knife.
Wrana died from internal bleeding hours after the altercation.
Wrana's family believes excessive force was used, and their attorney said he would have preferred an upgraded charge.
"In an ideal world, perhaps involuntary manslaughter because the statute says where there is a death. There is no question, there was a death that resulted here," Nicholas Grapsas, Wrana family attorney, said.
Taylor, 43, and the father of five, has a spotless record, according to attorney Terry Ekl, and was following orders.
"This is a tragic incident. There no question about that but every tragic incident does not translate into a criminal act. From what I know about this case, I don't believe Officer Taylor engaged in any criminal behavior whatsoever," Ekl said.
Last year, Wrana's family called for an investigation into the case. That led to the charges announced Wednesday. Prosecutors said Taylor was 6 to 8 feet from Wrana when he fired the beanbags, and the required minimum distance is 15 feet.
If convicted, Taylor, a 10-year-veteran with the Park Forest Police Department, faces a 1 to 3 year prison term, according to the Cook County State's Attorney. No other officers are charged in the case.
He was allowed to remain free without posting bond Wednesday.
John Wrana, 95, died during an altercation with police at the Victory Centre Senior Living Facility in the south suburb. Officer Taylor used a stun gun and fired beanbag rounds at the elderly man, prosecutors say.
Workers at the senior home called paramedics in July 2013 when Wrana became belligerent. They called police, who used a stun gun on Wrana. When that didn't work, Officer Taylor allegedly shot Wrana, who was sitting in a chair, in the stomach with six beanbag rounds from a shotgun.
Police say Wrana threatened workers and officers with a cane, 2-foot-long metal shoehorn originally thought to be a machete and 12-inch butcher knife.
Wrana died from internal bleeding hours after the altercation.
Wrana's family believes excessive force was used, and their attorney said he would have preferred an upgraded charge.
"In an ideal world, perhaps involuntary manslaughter because the statute says where there is a death. There is no question, there was a death that resulted here," Nicholas Grapsas, Wrana family attorney, said.
Taylor, 43, and the father of five, has a spotless record, according to attorney Terry Ekl, and was following orders.
"This is a tragic incident. There no question about that but every tragic incident does not translate into a criminal act. From what I know about this case, I don't believe Officer Taylor engaged in any criminal behavior whatsoever," Ekl said.
Last year, Wrana's family called for an investigation into the case. That led to the charges announced Wednesday. Prosecutors said Taylor was 6 to 8 feet from Wrana when he fired the beanbags, and the required minimum distance is 15 feet.
If convicted, Taylor, a 10-year-veteran with the Park Forest Police Department, faces a 1 to 3 year prison term, according to the Cook County State's Attorney. No other officers are charged in the case.
Wednesday, February 19, 2014
Three Officers on Leave After Death of Man Pepper-Sprayed and Beaten
Three police officers have been placed on administrative leave while
officials investigate the death of a man outside an Oklahoma movie
theater, police said Tuesday.
Luis Rodriguez, 44, died after five law enforcement officers
pepper-sprayed and handcuffed him early Saturday morning after an
altercation in a theater parking lot in the central Oklahoma city of
Moore, said Police Chief Jerry Stillings.
But Rodriguez's wife, Nair, and daughter, Luinahi, have said that police beat him.
A spokeswoman for the Oklahoma State Medical Examiner's Office said the cause and manner of death are pending.
Two on-duty officers, who were already at the theater for an unrelated
incident, were alerted to a possible domestic disturbance and attempted
to question Rodriguez, Stillings said. They were joined by three other
off-duty officers — one from the Moore police department and two game
wardens — who were working security at the theater.
Stillings said Rodriguez tried to leave and "took an aggressive stance."
Officers attempted to detain him, but Rodriguez continued to be
uncooperative, Stillings said, and officers used pepper spray to subdue
him before handcuffing him. The man's wife and daughter have said he did
not resist officers.
At that point, an ambulance was called — which, Stillings said, is
common in situations where force is used — and Rodriguez was taken to a
nearby hospital.
It's unclear when Rodriguez died, and Stillings refused to say whether or not Rodriguez was conscious when he was handcuffed.
Stillings said there are no indications that batons or other weapons
were used. Moore Police spokesman Jeremy Lewis said it's under
investigation whether other force, including punching and kicking, took
place.
"Mr. Rodriguez made statements that the fight was a case of domestic
violence," Stillings said during a news conference. "Domestic violence
is a serious situation and officers are obligated to investigate all
matters of suspected domestic violence."
Nair Rodriguez said that she slapped her daughter and her husband
was trying to calm her down. Nair Rodriguez said her husband bypassed
the officers in order to try and stop her from driving away. She said
officers then took him down and started beating him.
A message was left at one phone listing for Nair Rodriguez. Other phone
numbers rang unanswered, were wrong numbers or were disconnected.
Officers confiscated a partial cellphone video that Nair Rodriguez
captured of the incident and obtained a search warrant to view and make a
copy of it, Stillings said. There are no plans for the police
department to release the video, but Stillings said it he didn't see
anything inappropriate in the video. Police have attempted to return the
phone to Nair Rodriguez on Tuesday but have been unsuccessful, he said.
The three Moore officers have been placed on paid administrative leave
while the incident is being investigated. The officers have been with
the department between 1 1/2 years and 6 years and have had no other
incidents like this one, Stillings said.
The two game wardens have not been placed on leave, a spokesman for the Oklahoma Department of Wildlife Conservation said.
The names of the officers involved have not been released.
Wednesday, February 12, 2014
Officer Richard Jouppi Found Not Guilty of Beating Man in Wheelchair
Back in 2012 Richard Jouppi was booking 50-year old, wheelchair bound, Anthony Jon Jackson in the detoxification center. Jouppi was clearly causing pain and hurting Jackson, at which point Jackson reached up with his arm to defend himself, and told Jouppi, “you can’t do that.”
Jouppi then stooped to particularly low level and began to pummel Jackson to the point of knocking him backwards out of the wheelchair and then getting on top of his paralyzed body.
Jackson was booked for felony assault. The charges were later dropped.
Jouppi, 36, faced fifth-degree assault and disorderly conduct charges after the aggressive incident. This past November, Jouppi was found not guilty on all charges.
Even Duluth Police Chief Gordon Ramsay, was upset with the outcome and posted the following statement to his Facebook page,
“While I respect the judicial process I am very disappointed by the verdict in the Richard Jouppi case. His actions on September 21, 2012 were not consistent with department training or policy, bringing discredit to our department and detracting from the excellent work our women and men do on a daily basis. As I said previously, we will do everything we can legally to ensure he never works for our department again.”
YouTubeVideoBeating
It should come as no surprise that Jouppi was found not guilty. Cops can murder, beat, humiliate, rape and sodomize and keep their positions.
As he defended himself on the stand he even proclaimed the “unofficial” police oath, “It’s a tough position to be in as a police officer because I have to go home. I have my wife and kids at home.”
The bright side to this story, if there is one, is that Police Chief Ramsay has said his department has done everything in its power to ensure that Jouppi never works on the force again.
Jouppi then stooped to particularly low level and began to pummel Jackson to the point of knocking him backwards out of the wheelchair and then getting on top of his paralyzed body.
Jackson was booked for felony assault. The charges were later dropped.
Jouppi, 36, faced fifth-degree assault and disorderly conduct charges after the aggressive incident. This past November, Jouppi was found not guilty on all charges.
Even Duluth Police Chief Gordon Ramsay, was upset with the outcome and posted the following statement to his Facebook page,
“While I respect the judicial process I am very disappointed by the verdict in the Richard Jouppi case. His actions on September 21, 2012 were not consistent with department training or policy, bringing discredit to our department and detracting from the excellent work our women and men do on a daily basis. As I said previously, we will do everything we can legally to ensure he never works for our department again.”
YouTubeVideoBeating
It should come as no surprise that Jouppi was found not guilty. Cops can murder, beat, humiliate, rape and sodomize and keep their positions.
As he defended himself on the stand he even proclaimed the “unofficial” police oath, “It’s a tough position to be in as a police officer because I have to go home. I have my wife and kids at home.”
The bright side to this story, if there is one, is that Police Chief Ramsay has said his department has done everything in its power to ensure that Jouppi never works on the force again.
Back
in 2012 Richard Jouppi was booking 50-year old, wheelchair bound,
Anthony Jon Jackson in the detoxification center. Jouppi was clearly
causing pain and hurting Jackson, at which point Jackson reached up with
his arm to defend himself, and told Jouppi, “you can’t do that.”
Jouppi then stooped to particularly low level and began to pummel Jackson to the point of knocking him backwards out of the wheelchair and then getting on top of his paralyzed body.
Read more at http://thefreethoughtproject.com/cop-beat-wheelchair-bound-man-guilty-charges/#WVuDCUCCtK7pakQb.99
Jouppi then stooped to particularly low level and began to pummel Jackson to the point of knocking him backwards out of the wheelchair and then getting on top of his paralyzed body.
Read more at http://thefreethoughtproject.com/cop-beat-wheelchair-bound-man-guilty-charges/#WVuDCUCCtK7pakQb.99
Wednesday, February 05, 2014
Officer Joseph Freda Charged with Excessive Force Waives First Court Appearance
Joseph Freda was fired by the town after being arrested for using excessive force against a suspect.
A former Salem police officer charged with assaulting a Maine man following a motor vehicle pursuit has waived his first court appearance.
Joseph Freda, 33, entered a not guilty plea in 10th Circuit Court to two counts of simple assault by an on-duty law enforcement officer.
He also passed on having his Feb. 24 arraignment in district court, according to a notice filed by defense lawyer Donald Blaszka.
Freda faces up to two to five years in state prison for allegedly striking Thomas Templeton, 39, of York, Maine, while he was being arrested on Oct. 6.
The charges against Freda are misdemeanors, but carry enhanced penalties because the alleged assaults happened while he was working as a Salem police officer, according to court complaints filed by state prosecutors.
Salem Town Manager Keith Hickey terminated Freda from his job on Jan. 21.
An affidavit filed by N.H. Attorney General Investigator Richard Tracy said that at least 12 people were interviewed – including other police officers and Templeton himself – before an arrest warrant was sought for Freda.
The pursuit began about 1:50 a.m. on Oct. 6 when Windham police Sgt. Bryan Bliss began pursuing a black Jeep Cherokee driven by Templeton heading southbound on Interstate 93.
State Trooper Andrew Monaco became the lead vehicle in the pursuit as it neared Exit 2 in Salem. The Jeep was traveling 90 to 100 m.p.h. when it took Exit 1 in Salem and kept driving in the opposite lane of traffic along Veterans Memorial Parkway, according to court records.
Monaco was ordered to back down by his supervisor, but the pursuit was then picked up by Salem police officers as Templeton headed east onto Main Street, according to Tracy’s affidavit.
Templeton eventually stopped in the Nissan Car Dealership at 343 Main St. near the Massachusetts state line and hid in nearby brush. Monaco and Salem police Sgt. Marc Prescott arrested Templeton without incident, the affidavit said.
Monaco had escorted Templeton from the wooded area, but “at some point along the way” two Salem police officers assumed control of him. Monaco went on to speak with Prescott and Bliss about charges and the booking process, when he heard a commotion near his cruiser, Tracy said in the affidavit.
“Templeton reported that after he was taken into custody in the rear of the dealership, while handcuffed and being brought back to the area of the cruisers, he was struck twice on the top of his head with what he believes to be a flashlight by one of the officers at the scene,” Tracy said in the affidavit.
After being assaulted, Templeton said one of the officers continued to taunt him. While seated on the ground, that officer also stepped on Templeton’s hand, according to investigators.
Templeton, who was charged with reckless driving and disobeying a police officer, received five staples to his head to close his wounds. He remains held at the Rockingham County jail.
Freda apparently was worried about his interactions with Templeton the day after the pursuit, according to court records. Freda approached Monaco, the state trooper, “asking if he had anything to worry about,” while the two worked a construction detail along Interstate 93.
"Not wishing to engage Freda in conversation, Monaco told Freda 'no,'" Tracy wrote. State police forwarded the matter to the Attorney General's Office on Oct. 22.
A former Salem police officer charged with assaulting a Maine man following a motor vehicle pursuit has waived his first court appearance.
Joseph Freda, 33, entered a not guilty plea in 10th Circuit Court to two counts of simple assault by an on-duty law enforcement officer.
He also passed on having his Feb. 24 arraignment in district court, according to a notice filed by defense lawyer Donald Blaszka.
Freda faces up to two to five years in state prison for allegedly striking Thomas Templeton, 39, of York, Maine, while he was being arrested on Oct. 6.
The charges against Freda are misdemeanors, but carry enhanced penalties because the alleged assaults happened while he was working as a Salem police officer, according to court complaints filed by state prosecutors.
Salem Town Manager Keith Hickey terminated Freda from his job on Jan. 21.
An affidavit filed by N.H. Attorney General Investigator Richard Tracy said that at least 12 people were interviewed – including other police officers and Templeton himself – before an arrest warrant was sought for Freda.
The pursuit began about 1:50 a.m. on Oct. 6 when Windham police Sgt. Bryan Bliss began pursuing a black Jeep Cherokee driven by Templeton heading southbound on Interstate 93.
State Trooper Andrew Monaco became the lead vehicle in the pursuit as it neared Exit 2 in Salem. The Jeep was traveling 90 to 100 m.p.h. when it took Exit 1 in Salem and kept driving in the opposite lane of traffic along Veterans Memorial Parkway, according to court records.
Monaco was ordered to back down by his supervisor, but the pursuit was then picked up by Salem police officers as Templeton headed east onto Main Street, according to Tracy’s affidavit.
Templeton eventually stopped in the Nissan Car Dealership at 343 Main St. near the Massachusetts state line and hid in nearby brush. Monaco and Salem police Sgt. Marc Prescott arrested Templeton without incident, the affidavit said.
Monaco had escorted Templeton from the wooded area, but “at some point along the way” two Salem police officers assumed control of him. Monaco went on to speak with Prescott and Bliss about charges and the booking process, when he heard a commotion near his cruiser, Tracy said in the affidavit.
“Templeton reported that after he was taken into custody in the rear of the dealership, while handcuffed and being brought back to the area of the cruisers, he was struck twice on the top of his head with what he believes to be a flashlight by one of the officers at the scene,” Tracy said in the affidavit.
After being assaulted, Templeton said one of the officers continued to taunt him. While seated on the ground, that officer also stepped on Templeton’s hand, according to investigators.
Templeton, who was charged with reckless driving and disobeying a police officer, received five staples to his head to close his wounds. He remains held at the Rockingham County jail.
Freda apparently was worried about his interactions with Templeton the day after the pursuit, according to court records. Freda approached Monaco, the state trooper, “asking if he had anything to worry about,” while the two worked a construction detail along Interstate 93.
"Not wishing to engage Freda in conversation, Monaco told Freda 'no,'" Tracy wrote. State police forwarded the matter to the Attorney General's Office on Oct. 22.
Sunday, April 18, 2010
Incidents caught on camera increase department scrutiny of officers
Minutes after a suburban Chicago police officer was charged with striking a motorist with his baton, prosecutors handed out copies of a video showing the beating - taken by a dashboard camera on the officer's own squad car.
In California, after a transit cop and an unruly train passenger slammed against a wall during a struggle and shattered a station window last fall, video from a bystander's cell phone was all over the Internet before the window was fixed.
The same cell phones, surveillance cameras and other video equipment often used to assist police are also catching officers on tape, changing the nature of police work - for better and worse.
Some say cameras are exposing behavior that police have gotten away with for years. But others contend the videos, which often show a snippet of an incident, turn officers into villains simply for doing their jobs, making them targets of lawsuits and discipline from bosses buckling to public pressure.
"We tell our officers all the time you've got to assume that everything you do is going to be videotaped," said Chicago Police Superintendent Jody Weis. "Everyone has a cell phone and almost every cell phone has a camera."
Cook County State's Attorney Anita Alvarez said the video her office gave to the media on Tuesday shows police officer James Mandarino, from the Chicago suburb of Streamwood, hitting motorist Ronald Bell 15 times after a traffic stop last month.
In the video, Mandarino is seen firing a Taser at a passenger in the car and then striking Bell, who is on his knees with his hands on his head. Bell suffered a concussion and cuts that required seven stitches.
"It's a wonderful tool," Alvarez said of the video, which she says suggests that both men posed no threat to the officer.
Though police-behaving-badly videos have become popular staples of cable news shows and the Internet, Weis said he doesn't believe his officers are overly cautious out of fears they'll be videotaped - and their superiors are not advising them to be.
Quietly, though, some officers say the prospect of being videotaped makes them hesitate even if they know they should act.
"I've heard from officers who are sent to break up a fight in the street and see a group of people leaning out windows with handheld video cameras ... they go slower and are less aggressive," said Tom Needham, a Chicago attorney who has represented several police officers.
But University of Chicago law professor Craig Futterman, who has studied police brutality, said videos are helping hold police accountable.
"My own view is that YouTube has done more to expose the reality of police abuse than all the blue-ribbon commissions combined," said Futterman.
A Chicago police officer who was arrested three years ago in the videotaped beating of a female bartender never would have been charged much less convicted if not for the video, Futterman said. Anthony Abbate initially was charged with a misdemeanor until the video played across the world.
Ronald Bell's brother, Stacey Bell, said he doubts the Streamwood officer would have been charged with felony aggravated battery and official misconduct without the video and his brother still would have faced charges of drunken driving and resisting an officer, which were dropped.
"I believe it would have been six witnesses against an officer and it would have been a different story," said Stacey Bell, who witnessed the alleged beating. The officer's attorney declined to comment.
But some caution that incidents caught on tape can misrepresent police work.
"The work of a police officer, even when done properly is ... not pleasant to watch," said Al O'Leary, spokesman for the Patrolmen's Benevolent Association in New York City. "We've had situations, circumstances where an officer doing his job by the book is caught on video is tagged as brutal. Sometimes the work is brutal but necessary."
In California when the Bay Area Rapid Transit officer slammed into a window with a suspect during a violent arrest, the cell phone video - viewed more than 160,000 times on one clip posted on YouTube - ended up exonerating the officer whose actions brought claims of excessive force, a union official said.
"It wasn't the suspect's head that caused the glass to break," said Jesse Sekhon, BART police officers union president. "When you freeze the video and enhance it you see it was the suspect punching it with his hand."
What's more, video viewers rarely hear the frantic 911 call for help, rocks hurled at an approaching squad car or the countless times police have been called to the same house.
In New York City in 2008, a man died after falling from a building ledge when police jolted him with a Taser. Video of the last few moments, including Iman Morales' fall, was posted on newspaper Web sites and played over and over again on local TV.
But before the cameras were running, "this guy was stark naked, running up and down the fire escape, he tried to get into a woman's apartment by tearing out the air conditioner, terrifying the woman," and swung a fluorescent light bulb at police before Lt. Michael Pigott ordered him shot him with the stun gun, said Tom Sullivan, president of the NYPD's Lieutenants Benevolent Association.
Eight days later, Pigott - stripped of his gun and badge and demoted - committed suicide, leaving a note saying he was trying to protect his men. His widow, who is suing the police department, said the discipline humiliated her husband. The department declined to comment.
There is little chance that the videotaped scrutiny of police will slow. In fact, groups with video cameras follow police in cities all over the country, including Orlando, Fla., where George Crossley launched Orlando CopWatch in 2006.
"If we come up on law enforcement, the whole shift knows immediately," said Crossley. "They get on the radio (and say) 'Watch out for CopWatch.'"
In California, after a transit cop and an unruly train passenger slammed against a wall during a struggle and shattered a station window last fall, video from a bystander's cell phone was all over the Internet before the window was fixed.
The same cell phones, surveillance cameras and other video equipment often used to assist police are also catching officers on tape, changing the nature of police work - for better and worse.
Some say cameras are exposing behavior that police have gotten away with for years. But others contend the videos, which often show a snippet of an incident, turn officers into villains simply for doing their jobs, making them targets of lawsuits and discipline from bosses buckling to public pressure.
"We tell our officers all the time you've got to assume that everything you do is going to be videotaped," said Chicago Police Superintendent Jody Weis. "Everyone has a cell phone and almost every cell phone has a camera."
Cook County State's Attorney Anita Alvarez said the video her office gave to the media on Tuesday shows police officer James Mandarino, from the Chicago suburb of Streamwood, hitting motorist Ronald Bell 15 times after a traffic stop last month.
In the video, Mandarino is seen firing a Taser at a passenger in the car and then striking Bell, who is on his knees with his hands on his head. Bell suffered a concussion and cuts that required seven stitches.
"It's a wonderful tool," Alvarez said of the video, which she says suggests that both men posed no threat to the officer.
Though police-behaving-badly videos have become popular staples of cable news shows and the Internet, Weis said he doesn't believe his officers are overly cautious out of fears they'll be videotaped - and their superiors are not advising them to be.
Quietly, though, some officers say the prospect of being videotaped makes them hesitate even if they know they should act.
"I've heard from officers who are sent to break up a fight in the street and see a group of people leaning out windows with handheld video cameras ... they go slower and are less aggressive," said Tom Needham, a Chicago attorney who has represented several police officers.
But University of Chicago law professor Craig Futterman, who has studied police brutality, said videos are helping hold police accountable.
"My own view is that YouTube has done more to expose the reality of police abuse than all the blue-ribbon commissions combined," said Futterman.
A Chicago police officer who was arrested three years ago in the videotaped beating of a female bartender never would have been charged much less convicted if not for the video, Futterman said. Anthony Abbate initially was charged with a misdemeanor until the video played across the world.
Ronald Bell's brother, Stacey Bell, said he doubts the Streamwood officer would have been charged with felony aggravated battery and official misconduct without the video and his brother still would have faced charges of drunken driving and resisting an officer, which were dropped.
"I believe it would have been six witnesses against an officer and it would have been a different story," said Stacey Bell, who witnessed the alleged beating. The officer's attorney declined to comment.
But some caution that incidents caught on tape can misrepresent police work.
"The work of a police officer, even when done properly is ... not pleasant to watch," said Al O'Leary, spokesman for the Patrolmen's Benevolent Association in New York City. "We've had situations, circumstances where an officer doing his job by the book is caught on video is tagged as brutal. Sometimes the work is brutal but necessary."
In California when the Bay Area Rapid Transit officer slammed into a window with a suspect during a violent arrest, the cell phone video - viewed more than 160,000 times on one clip posted on YouTube - ended up exonerating the officer whose actions brought claims of excessive force, a union official said.
"It wasn't the suspect's head that caused the glass to break," said Jesse Sekhon, BART police officers union president. "When you freeze the video and enhance it you see it was the suspect punching it with his hand."
What's more, video viewers rarely hear the frantic 911 call for help, rocks hurled at an approaching squad car or the countless times police have been called to the same house.
In New York City in 2008, a man died after falling from a building ledge when police jolted him with a Taser. Video of the last few moments, including Iman Morales' fall, was posted on newspaper Web sites and played over and over again on local TV.
But before the cameras were running, "this guy was stark naked, running up and down the fire escape, he tried to get into a woman's apartment by tearing out the air conditioner, terrifying the woman," and swung a fluorescent light bulb at police before Lt. Michael Pigott ordered him shot him with the stun gun, said Tom Sullivan, president of the NYPD's Lieutenants Benevolent Association.
Eight days later, Pigott - stripped of his gun and badge and demoted - committed suicide, leaving a note saying he was trying to protect his men. His widow, who is suing the police department, said the discipline humiliated her husband. The department declined to comment.
There is little chance that the videotaped scrutiny of police will slow. In fact, groups with video cameras follow police in cities all over the country, including Orlando, Fla., where George Crossley launched Orlando CopWatch in 2006.
"If we come up on law enforcement, the whole shift knows immediately," said Crossley. "They get on the radio (and say) 'Watch out for CopWatch.'"
Monday, March 01, 2010
Officer Scott Morales Suspended for the 14th Time
Officer Scott Morales is walking on thin ice after his latest violation.
Police Chief Rusty York says he suspended Morales for five days without pay for problems with "alertness on duty."
"It resulted from him not being at his post for an assigned time within the building," explained York. The incident took place in January while Morales was working the third shift York told Indiana's News Center.
York says Morales wondered away from his post to another part of the building. While the offense may not be a major one, it further tarnished the record of the 19-year veteran, who has now been suspended for the 14th time since 1991.
Morales' last suspension was in February, after he was accused of inappropriately using a taser on an individual who was already handcuffed. He received a three-day unpaid suspension for that incident.
Prior to that, Morales was accused of going absent without leave multiple times, being involved in several accidents with his police cruiser, falsifying reports, excessive force and searching a home without a warrant.
When asked why Morales has been allowed to keep his badge, York explained that discipline problems are handled with a "progressive system."
"It shows that probably the attempts to correct any behavior is not working. So certainly, we've reached the point that any subsequent allegations will certainly take on a much more serious tone," responded York.
Members of the police merit board would ultimately decide Morales' professional fate. Members were notified of his suspension Monday afternoon.
Police Chief Rusty York says he suspended Morales for five days without pay for problems with "alertness on duty."
"It resulted from him not being at his post for an assigned time within the building," explained York. The incident took place in January while Morales was working the third shift York told Indiana's News Center.
York says Morales wondered away from his post to another part of the building. While the offense may not be a major one, it further tarnished the record of the 19-year veteran, who has now been suspended for the 14th time since 1991.
Morales' last suspension was in February, after he was accused of inappropriately using a taser on an individual who was already handcuffed. He received a three-day unpaid suspension for that incident.
Prior to that, Morales was accused of going absent without leave multiple times, being involved in several accidents with his police cruiser, falsifying reports, excessive force and searching a home without a warrant.
When asked why Morales has been allowed to keep his badge, York explained that discipline problems are handled with a "progressive system."
"It shows that probably the attempts to correct any behavior is not working. So certainly, we've reached the point that any subsequent allegations will certainly take on a much more serious tone," responded York.
Members of the police merit board would ultimately decide Morales' professional fate. Members were notified of his suspension Monday afternoon.
Const. Doug Lemna Accused of Using Excessive Force
A longtime veteran of the Abbotsford, B.C., police department has been charged with assault.
Const. Doug Lemna is accused of using excessive force on a mischief suspect in September 2009.
Police say the 19-year member was responding to a disturbance call on Jasper Court around 4 a.m. when two suspects believed to be yelling and breaking windows fled on bikes.
The duo was eventually located three-and-a-half blocks away. The alleged assault happened while one of the suspects was being detained and other officers went back to the scene to investigate.
Abbotsford Police Chief Constable Bob Rich ordered an investigation after "an issue with the use for force" used by Lemna was brought to the department's attention by a member reviewing the case file.
A criminal charge was recommended after the completion of a probe by the department's professional standards section.
Crown Counsel approved a charge of assault late Friday night.
Lemna was re-assigned to desk duties in October, where he remains.
This is the second investigation into an Abbotsford police officer in recent months.
In February, B.C.'s Police Complaint Commissioner ordered a public hearing into the conduct Const. Alex Wood after he allegedly broke a man's finger while seizing his camera in September 2008.
Const. Doug Lemna is accused of using excessive force on a mischief suspect in September 2009.
Police say the 19-year member was responding to a disturbance call on Jasper Court around 4 a.m. when two suspects believed to be yelling and breaking windows fled on bikes.
The duo was eventually located three-and-a-half blocks away. The alleged assault happened while one of the suspects was being detained and other officers went back to the scene to investigate.
Abbotsford Police Chief Constable Bob Rich ordered an investigation after "an issue with the use for force" used by Lemna was brought to the department's attention by a member reviewing the case file.
A criminal charge was recommended after the completion of a probe by the department's professional standards section.
Crown Counsel approved a charge of assault late Friday night.
Lemna was re-assigned to desk duties in October, where he remains.
This is the second investigation into an Abbotsford police officer in recent months.
In February, B.C.'s Police Complaint Commissioner ordered a public hearing into the conduct Const. Alex Wood after he allegedly broke a man's finger while seizing his camera in September 2008.
Tuesday, February 23, 2010
Lafayette Officer on Leave After Video Shows Him Shaking Girl
The Lafayette Police Department has placed an officer on paid administrative leave after a video surfaced that showed him raising his voice and shaking a girl who was being detained.
The video was posted on CNN’s ireport.com, a site where the public can post their own stories and videos.
The footage was taken Feb. 16, Mardi Gras day, in the downtown Lafayette area and showed several officers handling an incident involving several young people.
The Lafayette Police Department was informed of the incident Feb. 19 at about 5 p.m., according to a news release.
Chief Jim Craft ordered an immediate criminal and administrative investigation into the incident and placed the officer on leave pending the outcome, the release stated.
Cpl. Paul Mouton, spokesman for the department, declined to release the officer’s name.
The department stated that it would offer no further comment until the investigation is complete.
Internal investigations typically take 60 days to complete.
The video was posted Feb. 17 and had garnered more than 2,000 views as of Tuesday afternoon.
The person who posted the video lists his username as “MEspree” and states in the synopsis that the police chased and tackled the teen and then shook her.
Police later attempted to arrest “MEspree” and take his iPhone, which prompted him to ask “Is this Iran?”
The video, which is more than five minutes long and was recorded with an iPhone, does not appear to show officers tackling the girl.
The video shows the girl sitting on the street talking and pointing around when the officer leans over and screams “shut up” repeatedly at her while he shakes her by the shoulders.
Afterward, another officer walks over and handcuffs the girl. She is one of three teens being detained by officers.
The man continues to film officers as they walk the teens through the parade barricades toward nearby police units.
Toward the end of the video, an officer approaches the man behind the camera and asks him if has video of the fight.
The man tells officers that he only has video of the arrest and then adds, “I’ve got a video of somebody tackling a little girl.”
Another officer approaches him and gives him a warning that he’ll be taken to jail if he continues to cause a disturbance.
“You can go ahead and put that in your video,” the officer says. “One more warning and that’s it.”
Afterward, yet another officer approaches and appears to reach for the man’s arm while informing him that he’ll get a receipt for his phone.
“You can’t take my phone,” the man says.
“You want to bet,” the officer says.
The video ends soon after while the two continue to argue over the phone.
The video was posted on CNN’s ireport.com, a site where the public can post their own stories and videos.
The footage was taken Feb. 16, Mardi Gras day, in the downtown Lafayette area and showed several officers handling an incident involving several young people.
The Lafayette Police Department was informed of the incident Feb. 19 at about 5 p.m., according to a news release.
Chief Jim Craft ordered an immediate criminal and administrative investigation into the incident and placed the officer on leave pending the outcome, the release stated.
Cpl. Paul Mouton, spokesman for the department, declined to release the officer’s name.
The department stated that it would offer no further comment until the investigation is complete.
Internal investigations typically take 60 days to complete.
The video was posted Feb. 17 and had garnered more than 2,000 views as of Tuesday afternoon.
The person who posted the video lists his username as “MEspree” and states in the synopsis that the police chased and tackled the teen and then shook her.
Police later attempted to arrest “MEspree” and take his iPhone, which prompted him to ask “Is this Iran?”
The video, which is more than five minutes long and was recorded with an iPhone, does not appear to show officers tackling the girl.
The video shows the girl sitting on the street talking and pointing around when the officer leans over and screams “shut up” repeatedly at her while he shakes her by the shoulders.
Afterward, another officer walks over and handcuffs the girl. She is one of three teens being detained by officers.
The man continues to film officers as they walk the teens through the parade barricades toward nearby police units.
Toward the end of the video, an officer approaches the man behind the camera and asks him if has video of the fight.
The man tells officers that he only has video of the arrest and then adds, “I’ve got a video of somebody tackling a little girl.”
Another officer approaches him and gives him a warning that he’ll be taken to jail if he continues to cause a disturbance.
“You can go ahead and put that in your video,” the officer says. “One more warning and that’s it.”
Afterward, yet another officer approaches and appears to reach for the man’s arm while informing him that he’ll get a receipt for his phone.
“You can’t take my phone,” the man says.
“You want to bet,” the officer says.
The video ends soon after while the two continue to argue over the phone.
Sunday, February 21, 2010
Officer Donald Schismenos Has More Citizen Complaints Than Any Other Officer
His chiefs have steadfastly defended him over the years.
All the citizen complaints, his use of force, fighting bad guys who resist arrest — it all comes, they have said, with Officer Donald Schismenos being an aggressive street-gang cop in Akron.
Internal police documents, however, do not appear to support the contentions of the Akron chiefs, past and present.
In fact, no street-gang officer working alongside Schismenos comes close to generating the number of citizen complaints, or resorting to force to corral a resisting suspect, according to documents released by the city's law department.
Schismenos is facing a 45-day suspension for disobeying a sergeant and arresting a woman who refused to surrender the video she shot of him making an arrest.
He also is to begin light-duty desk work Monday, a temporary assignment that takes him off the city's gang unit and his off-duty jobs.
This is the first time Schismenos, a 17-year veteran, has ever been disci
plined.
Six years ago, Akron police Chief Michael Matulavich was asked about the escalating number of complaints against Schismenos.
Matulavich, a stern, sometimes gruff, old-school cop, defended the officer's record, describing Schismenos as ''committed and conscientious.'' Those traits, according to the now-retired chief, naturally generated complaints.
''He's always poking sticks at the bears. That's why we send him out there,'' Matulavich said in a 2004 interview.
'Nature of the job'
Fast-forward six years. Current police Chief Gus Hall found himself in a position of explaining more complaints against Schismenos.
In a recent interview, Hall basically reiterated what Matulavich said years ago.
''He works the gang unit, where you're not dealing for the most part with ordinary citizens,'' Hall said. ''It's just the nature of the job and with the groups of people he's dealing with, you will have more use of force, resisting arrests than officers just handling routine traffic stops.''
There are six officers assigned to the department's gang unit. On a daily basis, they work the tougher neighborhoods of Akron, trying to trump the gangbangers.
Over the years, Schismenos has emerged as the face of the unit. He is often invited to speak to neighborhood watch clubs and civic groups about the perils of gangs inside Akron's borders.
He also is regarded as an expert in gang affiliation identification, and county prosecutors have used his testimony to win longer prison terms for defendants accused of gang activity.
In turn, his personnel file is filled with letters of thanks and commendations for his gang work.
Schismenos, however, leads the gang unit with 71 instances of use of force and suspects who resist arrest since 1997. The next closest gang unit officer has 35 such reports.
As for citizen complaints, Schismenos has 32 over his career, three times as many as the next gang officer, who has 10.
Messages and e-mails to Schismenos seeking comment have not been returned for several weeks.
But in a 2004 interview with the Beacon Journal, he attributed the complaints and use of force to his gang-unit work.
''I'm an aggressive officer that is proactive,'' Schismenos told a reporter. ''Our unit is one of the only units that are proactive. We don't just react to reports coming in. We go out and try to get criminals off the streets before they commit more crimes.''
Officers are required to document instances in which they must use physical force or suspects resist arrest.
Union defends record
Paul Hlynsky, the department's union president, defended Schismenos' record. He said the officer's expertise on gangs has made him a highly sought source for other units in the police department, placing Schismenos in the thick of homicide, drug and other investigations.
Hlynsky said this interaction leads to more contact with gang members than other officers in the unit have. This potentially adds to the number of complaints against Schismenos.
In addition, Schismenos has taken off-duty jobs in tough, public-housing neighborhoods and at nightclubs notorious for attracting rougher crowds, Hlynsky said.
As a result, he said, Schismenos' record is being unfairly attacked by city officials, particularly Police Auditor Phil Young and Mayor Don Plusquellic, who last week tripled Schismenos' original unpaid suspension from 15 days to 45.
The suspension has yet to take effect. Schismenos is expected to appeal the mayor's decision to an arbitrator, a process that could take several months.
''I think Don's stuff has been grossly exaggerated by the mayor and the supposed independent auditor,'' Hlynsky said. ''He's already been tried and convicted in the press.
''Here, Schismenos is being made to defend himself and these gang members continue to run amok in the city.''
Under review
Early in his career, when Schismenos was piling up complaints and use-of-force reports, his supervisors counseled him to practice defusing, rather than escalating, his confrontations with citizens.
At the time, he had 47 citizen complaints and use-of-force reports in his first three years of duty. The numbers have since grown to about 118.
In an interview last week, Hall said the department is reviewing Schismenos' record. He has been temporarily taken off the gang unit and is prohibited from working his off-duty jobs until a ''fit for duty'' evaluation is conducted. The evaluation gauges an officer's mental and physical health.
Hall said the department will also study Schismenos' record against other gang unit officers.
''Those are some issues that we need to look into,'' he said. ''It's one of the reasons we requested a 'fit for duty' evaluation.''
Young, the city's police auditor, said the department's defense of Schismenos over the years has done a disservice to the city. When told of the numbers by the Beacon Journal, he said statistics should back up the comments of the chiefs who have defended Schismenos in the past, ''but it's not even close.''
''[The chiefs] make those statements because they are easy to say and I think it steers our citizens in the wrong direction,'' Young said. ''[They say] that this guy is out there hammering people and getting criminals off the streets and that's why he's getting the complaints and most of the complaints and use of force involve bad people. I think that's very misleading.''
Tenure appears to have no bearing on Schismenos' numbers.
Sgt. Michael Zimmerman, Officer Rod Criss and Schismenos have each worked with the unit for at least 10 years.
Criss and Schismenos have been officers for about 17 years. Zimmerman has been with the force since 1977.
But while Schismenos has generated the most citizen complaints among gang officers, Criss and Zimmerman have garnered 13 complaints combined. Zimmerman has no use of force or resisting arrests reports; Criss has 28.
Zimmerman, who supervises the unit, did not return a phone message or an e-mail seeking comment.
Growing scrutiny
Schismenos' record is under growing scrutiny since his confrontation last summer with an Akron woman who videotaped his arrest of a disorderly suspect. Sarah Watkins, 48, refused Schismenos' request for her camera and a sergeant eventually intervened and ordered the officer to ''let it go.''
Schismenos, however, filed felony charges against Watkins, which led to her arrest. She spent parts of two days in jail before making bond. The charges were eventually dismissed.
An internal investigation ended with a recommendation that Schismenos receive a 15-day, unpaid suspension.
Schismenos contended he did not hear a sergeant's order to drop his demands for the camera and he appealed the suspension to Mayor Don Plusquellic, hoping to see the penalty lessened.
Instead, the mayor criticized Schismenos' arrest of Watkins as a ''personal vendetta'' and tripled the suspension. He also ordered Schismenos to undergo a psychological evaluation that could determine whether the officer stays in the gang unit.
''Where has the accountability been for all these years?'' Young asked. ''Where is it? What are we doing here? Are we just making statements about being a gang officer and that this is the way it is? These are questions that need answers.''
All the citizen complaints, his use of force, fighting bad guys who resist arrest — it all comes, they have said, with Officer Donald Schismenos being an aggressive street-gang cop in Akron.
Internal police documents, however, do not appear to support the contentions of the Akron chiefs, past and present.
In fact, no street-gang officer working alongside Schismenos comes close to generating the number of citizen complaints, or resorting to force to corral a resisting suspect, according to documents released by the city's law department.
Schismenos is facing a 45-day suspension for disobeying a sergeant and arresting a woman who refused to surrender the video she shot of him making an arrest.
He also is to begin light-duty desk work Monday, a temporary assignment that takes him off the city's gang unit and his off-duty jobs.
This is the first time Schismenos, a 17-year veteran, has ever been disci
plined.
Six years ago, Akron police Chief Michael Matulavich was asked about the escalating number of complaints against Schismenos.
Matulavich, a stern, sometimes gruff, old-school cop, defended the officer's record, describing Schismenos as ''committed and conscientious.'' Those traits, according to the now-retired chief, naturally generated complaints.
''He's always poking sticks at the bears. That's why we send him out there,'' Matulavich said in a 2004 interview.
'Nature of the job'
Fast-forward six years. Current police Chief Gus Hall found himself in a position of explaining more complaints against Schismenos.
In a recent interview, Hall basically reiterated what Matulavich said years ago.
''He works the gang unit, where you're not dealing for the most part with ordinary citizens,'' Hall said. ''It's just the nature of the job and with the groups of people he's dealing with, you will have more use of force, resisting arrests than officers just handling routine traffic stops.''
There are six officers assigned to the department's gang unit. On a daily basis, they work the tougher neighborhoods of Akron, trying to trump the gangbangers.
Over the years, Schismenos has emerged as the face of the unit. He is often invited to speak to neighborhood watch clubs and civic groups about the perils of gangs inside Akron's borders.
He also is regarded as an expert in gang affiliation identification, and county prosecutors have used his testimony to win longer prison terms for defendants accused of gang activity.
In turn, his personnel file is filled with letters of thanks and commendations for his gang work.
Schismenos, however, leads the gang unit with 71 instances of use of force and suspects who resist arrest since 1997. The next closest gang unit officer has 35 such reports.
As for citizen complaints, Schismenos has 32 over his career, three times as many as the next gang officer, who has 10.
Messages and e-mails to Schismenos seeking comment have not been returned for several weeks.
But in a 2004 interview with the Beacon Journal, he attributed the complaints and use of force to his gang-unit work.
''I'm an aggressive officer that is proactive,'' Schismenos told a reporter. ''Our unit is one of the only units that are proactive. We don't just react to reports coming in. We go out and try to get criminals off the streets before they commit more crimes.''
Officers are required to document instances in which they must use physical force or suspects resist arrest.
Union defends record
Paul Hlynsky, the department's union president, defended Schismenos' record. He said the officer's expertise on gangs has made him a highly sought source for other units in the police department, placing Schismenos in the thick of homicide, drug and other investigations.
Hlynsky said this interaction leads to more contact with gang members than other officers in the unit have. This potentially adds to the number of complaints against Schismenos.
In addition, Schismenos has taken off-duty jobs in tough, public-housing neighborhoods and at nightclubs notorious for attracting rougher crowds, Hlynsky said.
As a result, he said, Schismenos' record is being unfairly attacked by city officials, particularly Police Auditor Phil Young and Mayor Don Plusquellic, who last week tripled Schismenos' original unpaid suspension from 15 days to 45.
The suspension has yet to take effect. Schismenos is expected to appeal the mayor's decision to an arbitrator, a process that could take several months.
''I think Don's stuff has been grossly exaggerated by the mayor and the supposed independent auditor,'' Hlynsky said. ''He's already been tried and convicted in the press.
''Here, Schismenos is being made to defend himself and these gang members continue to run amok in the city.''
Under review
Early in his career, when Schismenos was piling up complaints and use-of-force reports, his supervisors counseled him to practice defusing, rather than escalating, his confrontations with citizens.
At the time, he had 47 citizen complaints and use-of-force reports in his first three years of duty. The numbers have since grown to about 118.
In an interview last week, Hall said the department is reviewing Schismenos' record. He has been temporarily taken off the gang unit and is prohibited from working his off-duty jobs until a ''fit for duty'' evaluation is conducted. The evaluation gauges an officer's mental and physical health.
Hall said the department will also study Schismenos' record against other gang unit officers.
''Those are some issues that we need to look into,'' he said. ''It's one of the reasons we requested a 'fit for duty' evaluation.''
Young, the city's police auditor, said the department's defense of Schismenos over the years has done a disservice to the city. When told of the numbers by the Beacon Journal, he said statistics should back up the comments of the chiefs who have defended Schismenos in the past, ''but it's not even close.''
''[The chiefs] make those statements because they are easy to say and I think it steers our citizens in the wrong direction,'' Young said. ''[They say] that this guy is out there hammering people and getting criminals off the streets and that's why he's getting the complaints and most of the complaints and use of force involve bad people. I think that's very misleading.''
Tenure appears to have no bearing on Schismenos' numbers.
Sgt. Michael Zimmerman, Officer Rod Criss and Schismenos have each worked with the unit for at least 10 years.
Criss and Schismenos have been officers for about 17 years. Zimmerman has been with the force since 1977.
But while Schismenos has generated the most citizen complaints among gang officers, Criss and Zimmerman have garnered 13 complaints combined. Zimmerman has no use of force or resisting arrests reports; Criss has 28.
Zimmerman, who supervises the unit, did not return a phone message or an e-mail seeking comment.
Growing scrutiny
Schismenos' record is under growing scrutiny since his confrontation last summer with an Akron woman who videotaped his arrest of a disorderly suspect. Sarah Watkins, 48, refused Schismenos' request for her camera and a sergeant eventually intervened and ordered the officer to ''let it go.''
Schismenos, however, filed felony charges against Watkins, which led to her arrest. She spent parts of two days in jail before making bond. The charges were eventually dismissed.
An internal investigation ended with a recommendation that Schismenos receive a 15-day, unpaid suspension.
Schismenos contended he did not hear a sergeant's order to drop his demands for the camera and he appealed the suspension to Mayor Don Plusquellic, hoping to see the penalty lessened.
Instead, the mayor criticized Schismenos' arrest of Watkins as a ''personal vendetta'' and tripled the suspension. He also ordered Schismenos to undergo a psychological evaluation that could determine whether the officer stays in the gang unit.
''Where has the accountability been for all these years?'' Young asked. ''Where is it? What are we doing here? Are we just making statements about being a gang officer and that this is the way it is? These are questions that need answers.''
Saturday, February 20, 2010
Officer Sean O'Brien Placed Charged with Assaulting Teen Placed on Judicial Diversion
General Sessions Court Judge Bob Moon on Friday placed a Chattanooga Police officer charged with assaulting a handcuffed teen on judicial diversion.
He directed that Officer Sean O'Brien undergo 26 weeks of anger management under the AILS program. He will be on probation for up to one year, but the judge said that could be shortened if he does well on the AILS program.
Officer O'Brien said he had "taken control" of the 13-year-old after he continually cursed him and tried to incite three other teens who were arrested at the same time.
Judge Moon admonished the teen, having him stand up and telling him, "You are on the interstate to either the morgue or the penitentiary unless something changes and changes right now."
Judge Moon said the officer was within a secure facility and the teens were handcuffed and he did not feel the forceful actions he took were necessary.
A video shows the officer put his hand toward the back of the teen's head and then pressed him against a wall with his body.
The teen, Timothy Rawlings, was placed in a Baptist halfway house at Greeneville, Tn., after the Jan. 23 incident and was brought to Chattanooga for the hearing.
He testified first, saying he was laughing and not cursing the officer when he said Officer O'Brien "hit me in the head and grabbed me and threw me against a wall."
On cross-examination by attorney Lee Davis, he admitted he had incidents at Orchard Knob Middle School where he was yelling,screaming,causing fights and had been moved to the Washington Alternative School.
Rawlings also acknowledged he was on probation for stealing a Vespa scooter in North Chattanooga last June.
He denied trespassing at Memorial Hospital the night of his arrest, though several officers said he admitted he had been with a group of teens there.
He said he was at some apartments on Dodson Avenue when some other teens came up. He said he was arrested along with them.
Homicide detective Michael Wenger said Officer O'Brien told him he took the actions because he felt threatened being along with the four teens.
He said he had watched the video numerous times "and it is still not clear if he touched his head or not."
Memorial Hospital security guard Maurice Watson said he was driving near the hospital when he saw four teens in the street. He said he later pursued them after spotting them running.
He said they ran into a parking garage up toward the Mary Ellen Locher Breast Cancer Center, which was closed for the weekend. He said there had been a recent incident of vending machines being tampered with there.
He said he put out a radio message that was also heard by city officers.
Officer O'Brien said he was a state trooper in New Jersey for seven years before moving to Cleveland, Tn., to operate a business there. He said he was hired by the Chattanooga Police Department after the business was sold and he has been there for two and a half years.
He said he was off duty, but was doing an overtime job with the federal Weed and Seed program on Jan. 23. He said he was involved in the apprehension of some of the youths, and he took Rawlings and another teen in his car.
Officer O'Brien said in the car Rawlings was saying, "This is f------- b--- s---. This ain't f------ right."
He said Rawlings continued with the same language after they were inside the Detention Center. He said he first told him it was "no big deal" to try to calm him. He said he later told him to "shut up."
The officer said he finally told Rawlings, "You need to shut the f--- up."
He testified, "You can take control of a situation, or you can let it go and have worse problems."
He said he was concerned for his safety and for the other three teens, and he said it was a tense atmosphere at the center with blood on the floor from a recent fight. He said he then took the actions against Rawlings. He said if he touched his head it was only his hair.
Corey Beals, who was the officer in charge at the detention center, said Rawlings was "belligerent and loud and verbally abusive of the officer. He was calling him obscene names like b----."
He said he did not see the alleged assault, but he said on the tape it appeared the officer was swinging his hand toward the teen's head.
Capt. Susan Blaine praised the work of Officer O'Brien, saying that was the main reason he was chosen to be in the Weed and Seed program. She said, "He does an excellent job."
Judge Moon also told the officer, "Your language needs to be cleaned up. That is unacceptable - especially to a young person."
He directed that Officer Sean O'Brien undergo 26 weeks of anger management under the AILS program. He will be on probation for up to one year, but the judge said that could be shortened if he does well on the AILS program.
Officer O'Brien said he had "taken control" of the 13-year-old after he continually cursed him and tried to incite three other teens who were arrested at the same time.
Judge Moon admonished the teen, having him stand up and telling him, "You are on the interstate to either the morgue or the penitentiary unless something changes and changes right now."
Judge Moon said the officer was within a secure facility and the teens were handcuffed and he did not feel the forceful actions he took were necessary.
A video shows the officer put his hand toward the back of the teen's head and then pressed him against a wall with his body.
The teen, Timothy Rawlings, was placed in a Baptist halfway house at Greeneville, Tn., after the Jan. 23 incident and was brought to Chattanooga for the hearing.
He testified first, saying he was laughing and not cursing the officer when he said Officer O'Brien "hit me in the head and grabbed me and threw me against a wall."
On cross-examination by attorney Lee Davis, he admitted he had incidents at Orchard Knob Middle School where he was yelling,screaming,causing fights and had been moved to the Washington Alternative School.
Rawlings also acknowledged he was on probation for stealing a Vespa scooter in North Chattanooga last June.
He denied trespassing at Memorial Hospital the night of his arrest, though several officers said he admitted he had been with a group of teens there.
He said he was at some apartments on Dodson Avenue when some other teens came up. He said he was arrested along with them.
Homicide detective Michael Wenger said Officer O'Brien told him he took the actions because he felt threatened being along with the four teens.
He said he had watched the video numerous times "and it is still not clear if he touched his head or not."
Memorial Hospital security guard Maurice Watson said he was driving near the hospital when he saw four teens in the street. He said he later pursued them after spotting them running.
He said they ran into a parking garage up toward the Mary Ellen Locher Breast Cancer Center, which was closed for the weekend. He said there had been a recent incident of vending machines being tampered with there.
He said he put out a radio message that was also heard by city officers.
Officer O'Brien said he was a state trooper in New Jersey for seven years before moving to Cleveland, Tn., to operate a business there. He said he was hired by the Chattanooga Police Department after the business was sold and he has been there for two and a half years.
He said he was off duty, but was doing an overtime job with the federal Weed and Seed program on Jan. 23. He said he was involved in the apprehension of some of the youths, and he took Rawlings and another teen in his car.
Officer O'Brien said in the car Rawlings was saying, "This is f------- b--- s---. This ain't f------ right."
He said Rawlings continued with the same language after they were inside the Detention Center. He said he first told him it was "no big deal" to try to calm him. He said he later told him to "shut up."
The officer said he finally told Rawlings, "You need to shut the f--- up."
He testified, "You can take control of a situation, or you can let it go and have worse problems."
He said he was concerned for his safety and for the other three teens, and he said it was a tense atmosphere at the center with blood on the floor from a recent fight. He said he then took the actions against Rawlings. He said if he touched his head it was only his hair.
Corey Beals, who was the officer in charge at the detention center, said Rawlings was "belligerent and loud and verbally abusive of the officer. He was calling him obscene names like b----."
He said he did not see the alleged assault, but he said on the tape it appeared the officer was swinging his hand toward the teen's head.
Capt. Susan Blaine praised the work of Officer O'Brien, saying that was the main reason he was chosen to be in the Weed and Seed program. She said, "He does an excellent job."
Judge Moon also told the officer, "Your language needs to be cleaned up. That is unacceptable - especially to a young person."
Wednesday, February 17, 2010
Former Detention Officer Denita Shaw Pleads Guilty to Beating Handcuffed Inmate
A former Fulton County Sheriff’s Detention Officer pleaded guilty on Wednesday to a civil rights violation at the Fulton County Jail for beating a handcuffed inmate with a milk crate.
Denita Renae Shaw, 41, of Smyrna, Ga., was a detention officer at the Fulton County Jail. On Jan. 26, 2009, she used excessive force against the inmate and was fired because of the incident.
The felony charge brings a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is set for May 4.
“The inhumane treatment of persons in custody must cease,” Fulton County Sheriff Ted Jackson said in a prepared statement. “This case continues to show that excessive force and the disregard of policies and procedures at the Fulton County Jail will not be tolerated. When the civil rights of inmates are violated, we will pursue criminal charges and coordinate with federal authorities to prosecute the perpetrators to the fullest extent of the law.”
Denita Renae Shaw, 41, of Smyrna, Ga., was a detention officer at the Fulton County Jail. On Jan. 26, 2009, she used excessive force against the inmate and was fired because of the incident.
The felony charge brings a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is set for May 4.
“The inhumane treatment of persons in custody must cease,” Fulton County Sheriff Ted Jackson said in a prepared statement. “This case continues to show that excessive force and the disregard of policies and procedures at the Fulton County Jail will not be tolerated. When the civil rights of inmates are violated, we will pursue criminal charges and coordinate with federal authorities to prosecute the perpetrators to the fullest extent of the law.”
Saturday, February 06, 2010
Homeless Man Claims Deputies Used Excessive Force
A homeless man's attorney said surveillance video shows deputies used excessive force in his arrest.
Gerald McGovern, 58, has been arrested no fewer than 69 times, but this time he insists it is different. He said on Dec. 2 when he was approached by an undercover BSO deputy, he did not attack them as charged, instead they attacked him.
The public defenders office said the surveillance video clears McGovern and implicates BSO. "I don't believe someone who was falsely accused, as the evidence is going to show with great weight, should be incarcerated just because they're homeless and they're indigent," Defense Attorney Celine Abram-Schmitt said.
A witness, Roberto Aguilara backs up McGoverns claim. "They come on top of him to beat, and they kept hitting and hitting and hitting. I think it's a long time, around two minutes," said Aguilara.
Now, McGovern wants to be released without posting $1,500 bond, which he does not have because he is homeless.
Because the public defender released the video to Channel 7, the sheriff is furious. "I know it's his job to defend the people that he represents, but it's also my job to investigate or to make sure that deputies are acting appropriately. I can't do that if I'm going to get blind-sided or a surprised attack with something like this," sheriff Al Lamberti said.
"My obligation as the public defender is to represent poor people and homeless people, and after being in the court system for over 30 years, it has become clear, to almost anybody who is in the court system, that the police can not and will not police themselves unless they know the whole community is watching," said public defender Howard Finkelstein.
In court Friday, the deputies testified that things escalated and it turned into a violent arrest.
The judge ruled that he will let the pre-trial release committee interview McGovern and decide if he should be released through that program.
Gerald McGovern, 58, has been arrested no fewer than 69 times, but this time he insists it is different. He said on Dec. 2 when he was approached by an undercover BSO deputy, he did not attack them as charged, instead they attacked him.
The public defenders office said the surveillance video clears McGovern and implicates BSO. "I don't believe someone who was falsely accused, as the evidence is going to show with great weight, should be incarcerated just because they're homeless and they're indigent," Defense Attorney Celine Abram-Schmitt said.
A witness, Roberto Aguilara backs up McGoverns claim. "They come on top of him to beat, and they kept hitting and hitting and hitting. I think it's a long time, around two minutes," said Aguilara.
Now, McGovern wants to be released without posting $1,500 bond, which he does not have because he is homeless.
Because the public defender released the video to Channel 7, the sheriff is furious. "I know it's his job to defend the people that he represents, but it's also my job to investigate or to make sure that deputies are acting appropriately. I can't do that if I'm going to get blind-sided or a surprised attack with something like this," sheriff Al Lamberti said.
"My obligation as the public defender is to represent poor people and homeless people, and after being in the court system for over 30 years, it has become clear, to almost anybody who is in the court system, that the police can not and will not police themselves unless they know the whole community is watching," said public defender Howard Finkelstein.
In court Friday, the deputies testified that things escalated and it turned into a violent arrest.
The judge ruled that he will let the pre-trial release committee interview McGovern and decide if he should be released through that program.
Friday, January 29, 2010
Anthony Daly's Leg Severely Broken During Arrest
A Boston tourist says in an exclusive NY1 report that he is scarred for life after a New York City police officer allegedly brutalized him during an arrest last month. NY1's Jeanine Ramirez filed the following report.
When Anthony Daly of Boston visited the city last month, he walked around normally. But his leg was broken in three places on December 27, the night he was taken into police custody at a Midtown hotel, and now doctors now say Daly may never walk the same way again.
A security video from the Hotel Chandler shows one of the arresting officers kick Daly twice in the back of the leg while he was handcuffed, which sending him screaming to the hallway floor.
"Scared [expletive deleted]. Thought I was going to die," said Daly. "He broke my ankle first. And I said, 'If my ankle broke,' and he said, 'I'm not finished.' And he put his foot again and he broke the back of my leg."
In the video, Daly appears to be walking fine between two officers as they remove him from the hotel room until he gets kicked and kicked again. He never gets back up until emergency medical technicians arrive and lift him onto a stretcher, and put a splint on his leg, for a trip to St. Vincent's Hospital.
Daly underwent surgery and X-rays show doctors put in a titanium rod and screws.
"When I was in the room, the cop who broke my leg in the hotel was there with me all the time," said Daly.
Daly was charged with disorderly conduct, resisting arrest and harassment. Police told NY1 the arresting officer, Joseph Bonner, was just trying to sweep Daly's feet out from underneath him and that Daly might have already broken his leg trying to keep officers out of the hotel room.
Daly's troubles started at the bar of the Hotel Chandler on the night of December 27. Police say Daly was drunk and abusive and assaulted the bartender, the doorman and two patrons.
Daly admitted he was drinking and getting rowdy, and exchanged some words with Englishmen who were singing English football songs.
"I put my hands on their backs and just said, 'Sing it up boys, sing it up. That's all that's left of your little empire, soccer,'" said Daly.
He said he then went upstairs to join his wife Ellen in their room but soon police come banging.
"I said if you haven't got a [expletive deleted] reason to arrest me, why don't you get the [expletive deleted] out of here because I want to go to bed. He said, 'I'll think of a reason,'" said Daly. "And with that, Ellen got out of the bed and I put my hand up to stop him and say, 'Stay where you are.' And he just pushed the door and pushed me on top of Ellen."
Bonner's incident report says he witnessed domestic violence in the hotel room, a claim Daly's wife Ellen denies.
"He said at that point, 'That's it, he just shoved you. You're under arrest for domestic violence.' And I said, 'What are you talking about? He didn't shove me," said Ellen Daly.
The Dalys say they want the charges dropped and have filed a complaint of excessive force with the New York City Civilian Complaint Review Board.
When Anthony Daly of Boston visited the city last month, he walked around normally. But his leg was broken in three places on December 27, the night he was taken into police custody at a Midtown hotel, and now doctors now say Daly may never walk the same way again.
A security video from the Hotel Chandler shows one of the arresting officers kick Daly twice in the back of the leg while he was handcuffed, which sending him screaming to the hallway floor.
"Scared [expletive deleted]. Thought I was going to die," said Daly. "He broke my ankle first. And I said, 'If my ankle broke,' and he said, 'I'm not finished.' And he put his foot again and he broke the back of my leg."
In the video, Daly appears to be walking fine between two officers as they remove him from the hotel room until he gets kicked and kicked again. He never gets back up until emergency medical technicians arrive and lift him onto a stretcher, and put a splint on his leg, for a trip to St. Vincent's Hospital.
Daly underwent surgery and X-rays show doctors put in a titanium rod and screws.
"When I was in the room, the cop who broke my leg in the hotel was there with me all the time," said Daly.
Daly was charged with disorderly conduct, resisting arrest and harassment. Police told NY1 the arresting officer, Joseph Bonner, was just trying to sweep Daly's feet out from underneath him and that Daly might have already broken his leg trying to keep officers out of the hotel room.
Daly's troubles started at the bar of the Hotel Chandler on the night of December 27. Police say Daly was drunk and abusive and assaulted the bartender, the doorman and two patrons.
Daly admitted he was drinking and getting rowdy, and exchanged some words with Englishmen who were singing English football songs.
"I put my hands on their backs and just said, 'Sing it up boys, sing it up. That's all that's left of your little empire, soccer,'" said Daly.
He said he then went upstairs to join his wife Ellen in their room but soon police come banging.
"I said if you haven't got a [expletive deleted] reason to arrest me, why don't you get the [expletive deleted] out of here because I want to go to bed. He said, 'I'll think of a reason,'" said Daly. "And with that, Ellen got out of the bed and I put my hand up to stop him and say, 'Stay where you are.' And he just pushed the door and pushed me on top of Ellen."
Bonner's incident report says he witnessed domestic violence in the hotel room, a claim Daly's wife Ellen denies.
"He said at that point, 'That's it, he just shoved you. You're under arrest for domestic violence.' And I said, 'What are you talking about? He didn't shove me," said Ellen Daly.
The Dalys say they want the charges dropped and have filed a complaint of excessive force with the New York City Civilian Complaint Review Board.
Subscribe to:
Posts (Atom)

