Former Officer Erasmo Mata Jr Headed to Trial for Sexual Assaulting Child

Trial is set to begin December 1, in the case of former Pharr police officer Erasmo Mata, Jr., accused of repeated first-degree felony sexual assaults of a child.

A federal civil lawsuit filed with Texas Southern District Court back in May accused Mata of assaulting the minor five times, on five separate occasions, all while on duty.  The suit alleges that the attacks took place in abandoned houses around the city as other Pharr police officers stood by and watched.

The lawsuit also accused the department of engaging in a cover-up to protect the officers from criminal charges, as well as not conducting a rape kit or immediately testing the evidence.

The lawsuit was filed against the officer, the City of Pharr, the Pharr Police Department and the Pharr police chief.

Claims against the City of Pharr and the Pharr Police Chief Ruben Villescas were dismissed, however the motion to dismiss Mata was denied.

The Pharr Police Department did an internal investigation, but the family claims Chief Villescas told them not to hire an attorney and that he would personally take care of the allegations against the officer, Valley Central reports.

While the officers were terminated, neither Mata, nor the officers who allegedly watched, initially faced any criminal charges for the 2013 attacks.

After the lawsuit was filed, the lawyer for the teen asked the Texas Rangers to conduct their own investigation into the allegations. The Rangers found the accusations to be accurate and turned over the results to prosecutors, who presented the case to a grand jury and indicted Mata on July 30.

Pharr’s city attorneys deny that other officers watched the sexual assaults.

If convicted, Mata faces between five and 99 years in prison, as well as a fine of up to $10,000.

Isolated incident? Hardly.

Sexual misconduct is the second highest of all complaints nationwide against police officers, representing 9.3 percent in 2010, according to an unofficial study.

In 2010, 354 of the 618 complaints involved non consensual sexual acts, and over half of those involved were minors.

Earlier this month we reported on an officer in charge of a rape case who is accused of stalking and sexually harassing the victim.

Last month Oklahoma made headlines with three serial rapists in 3 weeks, all officers, as well as one police chief molesting children.

In July, a former New York Police Department officer convicted of planning to kidnap and rape women before killing and eating them was set to go free after a federal judge overturned his conviction.

Jeremiah Chesney Files Lawsuit Against City

A Jackson man has filed a federal lawsuit against the city and several of its police officers alleging he was assaulted, battered and arrested without cause as he openly and legally carried a pistol at the Jackson Secretary of State Office.

The officers violated Jeremiah Chesney’s constitutional rights under the First, Second and 14th amendments, according to the lawsuit, filed March 13 in U.S. District Court in Detroit. They showed “intentional, outrageous and reckless disregard” for his rights, falsely imprisoned him and seized his pistol without justification or provocation, the lawsuit states.

It asks for a $300,000 judgment against the city and the officers and $600,000 for “punitive or exemplary damages,” costs, interest, attorney’s fees and any other relief.

“He’s gone through a ton of distress and harm,” Chesney’s attorney, Steven Dulan, said Thursday when reached at his office in East Lansing.

“And he wants to make sure it doesn’t happen again.”

Jackson police Deputy Chief John Holda, the department’s public information officer, said he could not comment on the Chesney case because of the lawsuit. He deferred to the city attorney’s office. Interim City Attorney Bethany Smith said it is not the office’s policy to comment on pending litigation.

Chesney was openly carrying a pistol "on his person in plain view" about 5 p.m. May 15 at the Secretary of State Office in Jackson Crossing mall. He was doing so for both personal protection and to increase awareness that this is lawful in Michigan. The state office is not a “gun-free zone,” and Chesney has a valid concealed pistol license, which requires firearm training and a lack of criminal history, according to the lawsuit.

Officers forcibly removed him from the office, cuffed his hands and put him in the back of a squad car with a police dog.

Officer Timothy Black confiscated his weapon, which still is being held by the police department, according to the lawsuit.

Black; Sgt. Paul Gross; Officers William Mills, Peter Postma and Cary Kingston; and Matthew Heins, Jackson’s director of police and fire services, are named in the suit.

Chesney spent two days in the Jackson County jail before he was arraigned May 17 on charges of resisting or obstructing officers and carrying a firearm in the commission of a felony.

The charges were dismissed in September, court records show. The “interests of justice” were the cited reason, the lawsuit states.

Chesney did nothing wrong, Dulan said. “He was literally just in possession of his gun at this time.”

The involved officers overreacted, he said. “They pulled his hair, treated him quite roughly.”

Dulan said cameras from the Secretary of State Office and a police vehicle or police vehicles captured the incident on video and the video showed Chesney did not resist.

An effort Friday to reach Chesney was not successful.

As a result of the officers’ actions, Chesney suffered physical and emotional injury, loss of freedom and loss of other constitutionally protected rights, the lawsuit states. He was humiliated, mortified and embarrassed.

The lawsuit further alleges the police department has not properly trained its officers in Michigan firearms law. City police have repeated violated the constitutional rights of people like Chesney, the suit states.

It seems there is a lack of training in cities all around Michigan, said Dulan, who sits on the board of the Michigan Coalition for Responsible Gun Owners, does legal instruction for concealed pistol licensees and teaches firearms issues at Thomas M. Cooley Law School. “Street officers either don’t know the law or don’t care what the law is,” he said.

Dulan also is representing a Grand Rapids man in a similar, pending case filed in December in U.S. District Court in Grand Rapids. Johann Deffert was walking March 3, 2013, on a public sidewalk, openly carrying a holstered pistol, when an officer approached. He drew his service pistol and aimed it at Deffert, according to the lawsuit. He ordered Deffert to the ground, handcuffed him behind his back and removed the gun from the holster. The Grand Rapids Press obtained a video of the confrontation.

“The stop, pat-down search and brief detention of plaintiff were supported by reasonable suspicion and/or other legal cause,” assistant city attorneys wrote in a response to the lawsuit.

Officer Kevin Corcoran Charged with Unlawful Restraint of War Veteran

A veteran of Philadelphia's police force could lose his job after being charged with misdemeanor counts of unlawful restraint and false imprisonment for an alleged attack on a war veteran.

The charges against Officer Kevin Corcoran stem from an Easter morning incident in which Corcoran was caught on camera roughing up a man before taking the man on a 16-minute ride, according to Philadelphia Police.

The Philadelphia District Attorney’s Office alleges Corcoran, a 9.5-year veteran of the force, began yelling at a group of people near 13th and Lombard Streets in the early morning hours of March 31, 2013.

Someone in the group, which included Roderick King, had questioned Corcoran after he allegedly made an illegal turn with his patrol car, according to prosecutors.

King’s own lawyer Kevin Mincey identified his client saying that they filed a lawsuit against the city, police department and Corcoran.

Corcoran, in full uniform, allegedly exited his vehicle and began to yell at King’s group prompting witnesses to videotape the encounter.

Witnesses said that Corcoran slapped the phone out of one person’s hands and then began to berate King saying “Don’t f##?!g touch me,” according to prosecutors. An incensed Corcoran continued to approach King -- who claimed he never touched the officer -- who continued to make an effort not to touch the officer.

"My first thought was that I was getting ready to get beat up," King said through a release from his attorney. "It’s dark, I don’t know where I am, I feared for my safety."

According to prosecutors, Corcoran grabbed King by his chest, threw him against the police SUV, cuffed him and put him in the back of the vehicle.

Authorities allege that Corcoran then drove King somewhere off North Broad Street -- the opposite direction of the 17th District officer’s station -- telling King that he was under arrest for public intoxication.

King told Corcoran that this was the first time he had been arrested and that he was an Iraqi War veteran having served in the U.S. Air Force.

After learning about King’s service, Corcoran drove to 13th and Rodman Streets where he uncuffed the victim and let him go without charges.

In total, King remained in cuffs for about 16 minutes.

Corcoran surrendered Wednesday on the misdemeanor charges and was arraigned. He was released after posting bail. He is scheduled to appear in court on March 21.

Philadelphia Police Commissioner Charles Ramsey said he suspended Corcoran for 30 days with the intent to dismiss.

Former Officer Rey Muniz Named in Lawsuit

A former Austin police officer is named in a federal lawsuit for failing to stop state troopers from making a false arrest. The KVUE Defenders uncovered why this isn’t the first time the officer has been accused of mishandling a case.

Rey Muniz has a difficult time trusting law enforcement. In a recently filed federal lawsuit, the Austin man claims May 2012 dashboard camera video shows a state trooper assaulting and falsely arresting him in a parking for not providing his ID.

“When an officer asks for your ID, you give it to him,” says DPS Trooper Chancy Davis in the video.

“Am I under arrest?" Muniz later asks in the video. 
"You’re being detained,” says Davis.

You can't see it in the video, but you can hear Muniz asking Davis to stop touching him.

Claiming that he felt he threatened, Muniz calls 911 and reports the incident.

A few minutes later, Austin Police Officer Timothy Little responds. When Muniz gets off the phone, he walks towards him, but Little signals him to stop and speaks with DPS troopers first.

"He should have came to me and talk to me. I’m the one who called 911," said Muniz.

"He arguably conspired with the other officers that were on site to get that story straight," said Jeff Kelly, Muniz’s attorney. "If he had gone directly to speak with Mr. Muniz, he would realize that he was being assaulted by the officers."

Troopers eventually arrested Muniz for failing to provide his ID and resisting arrest. Up to that point, Muniz had a clean record. The district attorney's office later dropped all charges.

So, what about Muniz’s claims DPS troopers assaulted him? While Little responded, the KVUE Defenders found he did not file a report on Muniz’s claims as a department policy clearly states should happen when reporting on citizen complaints.

Austin police say Little resigned more than a year after the Muniz's 911 call. APD says it's against the law to comment on the circumstances of his resignation.

This isn’t the first time Little has been accused of mishandling a 911 call. In March 2004, he responded to a 911 call from an Austin apartment.

According to an internal affairs investigation, when the door opened he recognized the man as “a police academy classmate.” The fellow officer told him he got into a fight with his girlfriend.

Instead of reporting it, Little told dispatch, “All quiet inside. No answer.”
The department suspended him for covering up for another officer’s conduct.

While Little is no longer with APD, the department remains liable for his action.

The KVUE Defenders wanted to know whether Austin Police Chief Art Acevado believes Little acted appropriately and if this is a broader problem that needs to be addressed in the department.

APD says the chief cannot discuss pending litigation or former employees.

In addition to the federal lawsuit, Muniz filed a complaint with the Travis County District Attorney's Office. It confirms it's investigating Muniz's complaint.

Go here for part one of the investigation.

Former Officer Sonya Worthington Charged with Assault Files Lawsuit

A former Bartlesville officer charged with assault and battery stemming from an incident at a hospital in September has filed a lawsuit against the City of Bartlesville.

This suit, filed in United States District Court on Tuesday, is the fifth lawsuit filed against the city by police officers in the space of a year.

In the lawsuit, Sonya Jean Worthington, 44, alleges that the city, through its police chief and her supervisors, ignored its own policies and procedures "particularly to the detriment of the plaintiff and to the benefit of white male officers" to create a hostile work environment."

Among other claims set forth in the document, Worthington spoke of discrimination, saying she was required to take a qualifying test allowing her to become an officer multiple times over as the results were "lost."

Additionally, she claimed the police chief once in the squad room pointed out a newly hired female officer and said "'this one is a sharp one' implying that other female officers currently working at the Bartlesville Police Department, including the plaintiff, were not intelligent."

She also said she was the first to be terminated by the police chief for disagreement with department policies and was immediately reinstated when she brought up that male officers written up for similar action received little to no punishment.

Worthington alleged further discrimination concerning her termination, saying that where she had been promoted and then — following the September incident and a probe by Oklahoma State Bureau of Investigation — fired, a male officer who on a prior occasion had reportedly choked a 12-year-old was punished internally and not fired.

She stated in the suit she has filed a complaint with the Equal Employment Opportunity Commission and has since received a right to sue letter.

Worthington seeks more than $75,000 in actual damages and $75,000 in punitive damages from the city.

She is one of two officers placed on leave in September due to allegations of official misconduct.

She and Stacey Neafus were charged following the conclusion of an investigation by the OSBI of an incident alleged to have occurred on Sept. 18 at Jane Phillips Medical Center.

According to court documents, Neafus and Worthington that day "willfully and unlawfully committed assault and battery" on the alleged victim, a mental patient at the hospital.

Neafus reportedly pushed the alleged victim's upper torso over a metal chair arm with "with the weight of the defendant pressing" the man "who was handcuffed behind his back at the time of the defendant's actions, with force and violence.

Worthington allegedly struck the same alleged victim and placed him in a headlock, pulled and twisted his head while he was handcuffed, "with force and violence," said the information sheet.

Officer Aaron Bailey Accused of Defrauding the County of $400,800

Montgomery County sued one of its police officers Wednesday, alleging that he defrauded the county of $400,800 while running a company that provided firearms training to officers.

Central to the officer's fraud, the county alleged, was that he enticed colleagues to take training classes by offering them deeply discounted weapons upon completion of the classes -- $99 for a handgun valued at several times that, for example. As for the training, that was free to the officers who enrolled because it was paid by the county's tuition assistance program.

The lawsuit said that it amounted to the officer using tuition assistance funds to subsidize the weapons, which one official has called "the candy" to get other officers enrolled in the training classes.

The officer, Aaron Bailey, declined to comment through his attorney, Charles Rand, who said he had not seen the lawsuit and would not comment until he does. It is unclear what their defense will be, but some officials have speculated that what Bailey did was akin to department stores offering "loss leader" merchandise, which they lose money on, simply to get shoppers in the door.

The lawsuit is the latest twist in the county's troubled tuition assistance program, which top officials have acknowledged was not properly monitored. In recent years, employees have used the program to take classes ranging from "Bible Doctrines" and "Aerobics" to "The Christian Home" and "Life on the Down Low."

Within the next week, Montgomery County's inspector general, Thomas J. Dagley, is expected to release the findings of his office's investigation into the tuition assistance program.
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Civil Trial Begins for Officer Jason Smith

A civil trial began Monday in Trumbull County for a police officer involved in a fatal car accident.

Cassandra Thompson died in 2006 after being hit by a Cortland police cruiser driven by officer Jason Smith on South High Street.

Troopers investigating the accident then said the 16-year-old walked out in front of the cruiser, which didn't have its sirens or lights activated even though the officer was responding to a fight at a high rate of speed. Police did not have sufficient evidence to charge patrolman Jason Smith, who was driving the cruiser, with a crime.

Surviving members of the victim are seeking damages from the city of Cortland, its police department and Smith.

A jury in the wrongful death lawsuit was seated Monday and began hearing testimony. The trial is expected to last several days.

David Baker Files Lawsuit Against Officers for Violating His Civil Rights

An Ambridge man says a borough police officer beat him in a holding cell and jammed a gun into his mouth last year, then other officers tried to cover up the assault.

Claiming civil rights violations, David A. Baker, 41, of 614 Melrose Ave. has sued the borough, Police Chief Mark Romutis, officers Richard Heitzenrater, Robert Kuzma Jr. and Michael Slawianowski, and former Borough Manager Kristen Denne.

Heitzenrater and Kuzma are already facing federal criminal charges related to the incident.

According to Beaver County court records, Slawianowski arrested Baker around 4 p.m. Feb. 20, 2009, at 10th Street and Glenwood Avenue after an 8-year-old and a 10-year-old reported that Baker had urinated on a sidewalk across the street from them.

The children reported the incident to a parent; one of the children is a grandchild of Heitzenrater.

Slawianowski said Baker was drunk, disheveled and apparently had soiled himself. Once at the borough police station, Baker refused to get out of the police car, and “officers then grabbed Baker by his jacket and pulled him from the back seat of the patrol car. Once outside the car, Baker fell directly to the ground and refused to stand up.”

Slawianowski also said, “Officers then drug Baker by his jacket into the police garage and then inside the police station,” where he was searched and put in a holding cell.

According to the federal lawsuit, written by Pittsburgh attorney Tony J. Thompson, Slawianowski and Kuzma told Heitzenrater, who had been off-duty, of Baker’s arrest, and he went to the police station. There, according to the suit, Heitzenrater entered the holding cell and hit and kneed Baker in the head and body.

Heitzenrater also “assaulted and terrorized (Baker) by placing the barrel of a firearm into his mouth, thereby threatening him with grave bodily harm and death,” Thompson said.

The lawsuit also alleges that other borough employees didn’t stop the assault and then “conspired to destroy physical evidence capturing the incident, and/or falsified written reports regarding the incident.”

Thompson said Kuzma and Slawianowski allowed Heitzenrater to enter the cell and Heitzenrater and Kuzma, who also had been off-duty, destroyed surveillance video showing the attack.

Thompson also said that “Heitzenrater and other officers of the Ambridge Police Department have a history of acting erratically, violently and with excessive force, and in abusing their authority as police officers.” The borough has been sued by others in the past, accusing officers of violating their civil rights.

Thompson said in the suit that Romutis and Denne “knew or should have known that (Heitzenrater) was not fit to be a sergeant of the Ambridge police.”

Baker suffered severe head injuries and continues to suffer after-effects from the attack, according to the lawsuit.

In November, Baker pleaded no contest to single counts of open lewdness and disorderly conduct and was sentenced to one year’s probation in Beaver County Court. Baker could not be reached for comment Wednesday.

Last year, his attorney on those charges, Gerald Benyo, said Baker was in an alcohol rehabilitation program. He added that Baker had about $30,000 in unpaid medical bills related to the beating.

In August, the U.S. attorney’s office charged Heitzenrater and Kuzma with obstruction of an official proceeding and conspiracy to obstruct an official proceeding. Heitzenrater was also charged with deprivation of civil rights, while Kuzma additionally was charged with accessory after the fact.

The allegations in the criminal case are similar to the lawsuit, with Heitzenrater accused of beating Baker, and then he and Kuzma working the next day to destroy surveillance footage.

Heitzenrater retired from the Ambridge force last spring. Kuzma, with the rank of lieutenant, was suspended without pay, but collected unemployment from the borough.

Slawianowski has left Ambridge and now works as a Leetsdale police officer. Denne resigned as borough manager in January and now works in Johnstown.

Heitzenrater’s attorney, James Ross of Ambridge, said Wednesday he was moving forward with the criminal case “and we have a defense to it,” but would not comment further.

Kuzma’s attorney, Mark Lancaster of Pittsburgh, could not be reached for comment Wednesday. Romutis wasn’t available for comment Wednesday.

Former Officer Michael Lohman Preparing to Enter Guilty Plea

A former New Orleans police official is preparing to enter a guilty plea in connection with a federal probe of a deadly police shooting in Hurricane Katrina's aftermath, two people familiar with the case said Tuesday.

Former police Lt. Michael Lohman is expected to enter the plea Wednesday in U.S. District Court, and he is cooperating with prosecutors, said the two people. They requested anonymity because the charge would not be announced before his court appearance.

It's unclear what charge he faces because the case hasn't been unsealed. Lohman wasn't one of the seven police officers charged in the shooting on the Danziger bridge several days after Katrina's landfall in August 2005. He helped oversee a department probe of the men's actions.

A lawyer for one of the original defendants said federal investigators have been looking into what they described as a "corrupt investigation" of the fatal shootings of Ronald Madison, a 40-year-old mentally disabled man, and James Brissette, 19.

The Justice Department's civil rights division opened its investigation after a judge threw out state murder and attempted murder charges against the seven in 2008. So far, lawyers for two other officers have identified their clients as targets of the current probe.

Sgt. Robert Gisevius, who was charged in state court with first-degree murder and attempted murder, received a letter informing federal authorities were targeting him. His attorney, Eric Hessler, said the letter accused him of using excessive force and participating in a "corrupt investigation" of the shooting. Hessler defended his client's actions.

"By all accounts, he was involved in a situation where a reasonable person would be in fear for his life," he said.

Steve London, a lawyer for New Orleans police Sgt. Arthur Kaufman, said his client also received a letter informing him he is a target of a federal investigation. The letter doesn't specify why, but Kaufman worked on the department's investigation of the bridge shooting. Kaufman wasn't one of the seven who faced state charges.

London said his client denies any wrongdoing.

"My client is a 30-year police veteran with not one complaint, has received many awards and is considered an exemplary officer," he said.

Lohman, who retired earlier this month, helped supervise the department's investigation of the fatal shootings, said Fraternal Order of Police spokesman Donovan Livaccari.

Lohman's attorney, Dylan Utley, and U.S. Attorney Jim Letten wouldn't comment Tuesday.

Police superintendent Warren Riley said, "We hope that justice is served," declining to elaborate.

The case is among several involving New Orleans police in Katrina's aftermath that are being probed by the federal government. The others include the fatal shooting of Danny Brumfield Sr. outside the New Orleans convention center; the death of Henry Glover, whom witnesses claim died in police custody; and the fatal police shooting of a Connecticut man, Matthew McDonald.

Survivors of the Sept. 4, 2005, shootings on the Danziger bridge have said the officers fired at unarmed people who were crossing to get food at a grocery store. Madison and Brissette were shot and killed by police; four other people were wounded.

The officers acknowledged shooting at people on the bridge, but said they did so only after taking fire.

Katrina struck on Aug. 29, 2005. In its aftermath, levees broke, flooding 80 percent of New Orleans. Chaos gripped the city, and looting was reported in some areas. Rescuers sometimes said they thought gunfire was directed at them.

Survivors of the bridge shooting said in civil suits that they were ambushed by the officers who jumped out of the back of a rental truck.

Daniel G. Abel, a lawyer for the Brissette family, said they are grateful for investigators' work on the case.

"This first conviction bolsters their hope that the individuals responsible for these and related crimes will be brought to justice," Abel said.

Gisevius, Sgt. Kenneth Bowen, Officer Anthony Villavaso II and former Officer Robert Faulcon Jr. each faced first-degree murder and attempted murder charges in the case. State district Judge Raymond Bigelow also threw out attempted first-degree murder charges against Officer Mike Hunter Jr. and Officer Robert Barrios and attempted second-degree murder charges against Officer Ignatius Hills.

Faulcon resigned from the police force; the other officers were assigned to desk duty after their indictment.

Roseville Officers File Lawsuit Alleging Harassment of Gay Cops

"There's kinda of culture within the department..."

A culture that Investigative Sgt. Darin DeFreece, former detective Michael Lackl and Officer Ken Marler, allege fostered a hostile work environment targeting gay officers and those perceived to be gay.

"Nobody cared enough to listen," DeFreece said.

The lawsuit says Chief Mike Blair didn't stop the alleged behavior, and even retaliated against those reporting the harassment.

It names Blair, Sgt. Kelby Newton and former City Manager Craig Robinson for not turning the department around after claims first surfaced in 2007. The city disagrees.

"The city of Roseville is absolutely committed to treating every employee in our organization of every level with dignity and respect. And when we have allegations, when we have complaints that arise, we have procedures and policies in place. We very pro-actively and aggressively address those," said Megan MacPherson, spokeswoman for the City of Roseville.

A 16-year veteran, 10 of them with Roseville, DeFreece says derogatory comments have always been commonplace anywhere from the briefing to the locker rooms.

"There's a sense of permissiveness, that people are allowed to make offensive comments, make it a little bit uncomfortable for people to have an alternative lifestyle," DeFreece said.

According to the lawsuit, one captain explained that a security gate code and voicemail access with the numbers 13-69, symbolized 13 as being unlucky and 69 for it's sexual connotation. Two of the plaintiffs are married to women. DeFreece said there are several officers who stand behind them on the suit, and that most of the staff don't participate in the harassment.

"99.9 percent of the people that work at the Roseville Police Department are extremely professional," DeFreece said.

"It's a sad day," he said.

"Any regrets?" Fox 40 asked.

"That it never occurred in the first place. Those are my biggest regrets," DeFreece added. "I look forward to the day when we're beyond this, we've healed as a department."

David Gardner Shot by Diabetic Cop Files Lawsuit

A former QuikTrip driver who was shot by a police officer in 2007 said his life hasn't been the same since the shooting.

It happened on Sept. 24, 2007, at St. John Avenue and Belmont Boulevard in northeast Kansas City.

David Gardner, who drove semi-trailers for QuikTrip, said he was backing up his big rig when gunfire ripped through him and his truck, forcing him out of the cab and onto the ground.

"Just out of the blue -- shot. I started hearing shot after shot. The very first shot went through my driver's side window," Gardner told KMBC's Peggy Breit. "I remember looking up and just seeing people running, ducking, hiding. I could hear shots behind me."

Gardner was hit in the side and the back. Kansas City police officers came to his aid.

Gardner said he later learned that the officer who had shot him had diabetes and was suffering from a hypoglycemic, or low blood sugar, episode.

"I've kind of lost that trust in, 'They're here to protect and serve.' For me, it's hard to believe anymore," Gardner said.

Gardner said he's recovered physically but not mentally. He has been diagnosed with post-traumatic stress disorder.

Gardner still works for QuikTrip, only now it's in the warehouse in Belton. He said his salary is much lower than his driver pay was.

Gardner said it was his choice to work in the warehouse, because he said he feels unsafe to drive a big rig again. He said he's still too jumpy, especially around police.

"I don't want to be behind an 80,000-pound vehicle and have an officer come up beside me. I don't know for sure what would happen, but I don't want to put other people's lives at stake," Gardner said.

Gardner has filed a lawsuit against the Kansas City Police Department, claiming the department knew that Officer Joel Ritchie could be a danger to himself or others.

Ritchie had had two previous diabetic-related incidents on the job. Both were serious enough that responding officers removed his weapon and called for an ambulance.

Gardner said living with the fallout from the shooting has put tremendous strain on him and his family, especially financially.

"It just gets more and more difficult," Gardner said. "It's like a movie -- you can try and pause it or stop it or, but it's always there to replay."

After the shooting, Ritchie worked in police dispatch but has since left the police department.

In response to the lawsuit, the department said neither they nor Ritchie should be held responsible for the shooting. They said no one knew Ritchie's diabetes could trigger such an incident.

Gardner's attorney said officers are trained in the police academy to prepare for a wide range of behaviors from diabetics.

The police department has no policy regarding officers who are diabetic.

Gardner said he knows QuikTrip has a policy for employees who are diabetic because he has diabetes.

Gerald Amidon Recieves $150,000 After Officer Threatens to Sodomize Him With Taser

We previously followed the case of Gerald Amidon, who sued the Boise police department for allegedly threatening to sodomize him with a taser and using excessive force in his arrest, including tasering him on the buttocks. He has now settled for only $150,000 and, despite a highly disturbing tape of the incident, the police department is able to claim no fault as part of the settlement.

While against policy, the police insisted that the officer (who also threatened to shock his genitalia) merely failed to follow guidelines — the name of the officer has not been released despite the release of the audio tape below. The officer actually states on the tape that he had already sodomized Amidon with the taser when he threatened to deliver a second shock first to his anus and then to his genitalia.

Amidon stated that on February 14th he did not realize that the men forcing their way into his apartment were officers. He tried to block the door — resulting in three officers throwing him to the ground. After tasering him, the officer threatened to sodomize the man and deliver an anal shocking with his taser.

Here is the exchange:

Officer #3: Do you feel this?
Complainant: Yes, sir.
Officer #3: Do you feel that? That’s my -
Complainant: Okay
Officer #3: -Taser up your ass.
Complainant: Okay
Officer #3: So don’t move.
Complainant: I’m trying not to. I can’t breathe.
…
Officer #3: Now do you feel this in your balls?
Complainant: I do, sir. I’m not going to move. I’m not gonna move.
Officer #3 Now I’m gonna tase your balls if you move again.
A minute later, this exchange occurred:
Officer #3: Okay, I’m gonna take this Taser out of your asshole now. Are you going to fight with me?
Complainant: No, not at all, sir.

A supervisor later erased an audio recording of an interview with the man at the jail and did not write a report on the use of force in the arrest. While the officers have been “disciplined,” they were not removed from the force.

Boise Community Ombudsman Pierce Murphy found that the actions of the officer were not illegal but found abuse, here. You have an officer who says that he just sodomized a suspect and threatened to torture him. That is not unlawful in Boise?

In the internal investigation , here. Murphy found that there was no threat at the time of the incident:

“At the time that he was Tased on the buttocks, the Complainant was handcuffed and lying face-down on the floor. Officer #1 was holding the Complainant’s head and upper torso down with a knee across his shoulders. Officer #4 was positioned near the Complainant’s waist preparing to search the Complainant, and Officer #3 was situated near the Complainant’s legs and feet … Based on what he observed, Officer #2 saw no need to assist Officer #1, Officer #3, and Officer #4 in controlling the Complainant. According to Officer #1, the Complainant “mellowed out” after being handcuffed.”

He filed a complaint detailing the abuse and asked for $500,000 in punitive damages.

The reported settlement of $150,000 seems a bit low given the egregious conduct and lack of admission of fault. Of course, we are not the “boots on the ground” in the case and the legal team was probably discounting for the avoidance of trial costs and appeals. However, given the response of the Police Department, I was hoping to see a more punitive element to the liability to guarantee a greater deterrent effect. If it was not for this tape, this case would never have seen the light of day.

It was the result of mediation with the judge in the federal court. It also contained a reported confidentiality agreement barring public comment.
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Detective Jose Valencia Caught by FBI Promising Gun to Drug Dealer

A Santa Fe cop may end up losing his badge after he was caught on an FBI tape promising a gun to a drug dealer "who clearly conveyed his intent to commit murder," according to police documents. Santa Fe police Detective Jose Valencia - who was the police union president at the time the conversation was caught on tape two years ago - was recommended for termination by Chief Aric Wheeler last week, the Journal has learned. The alleged drug dealer is Maximiliano Gonzales of Pecos, whom Valencia has known on some level for years.

Valencia has been on administrative leave since October. He also is accused of providing the description of an undercover officer to Gonzales and with making disparaging remarks about fellow officers to the drug suspect, according to state Department of Public Safety documents. But a lawsuit against the city of Santa Fe is in the works, according to an attorney for Valencia who claims his client was the victim of entrapment on the part of "administration higher-ups." Albuquerque attorney Alvin Garcia told the Journal the actions taken against Valencia were a product of a "retaliation" against his client "for reporting corruption (within the department) and not participating in cover-ups." "He was warned that things would come back to bite him," Garcia said. "And they have."

Notice of action The allegations against Valencia are spelled out in a DPS document that calls for Valencia's certification as an officer to be revoked, which was written by state Law Enforcement Academy Board director Arthur Ortiz. Valencia is scheduled to go before the board Thursday for a formal hearing. The board is expected to determine his fate at a meeting in March.

The FBI was investigating a separate case two years ago when the agency recorded conversations between Valencia and Gonzales, according to FBI spokesman Darrin Jones. The FBI - which was not investigating Valencia - turned over the information to Santa Fe police and that ended the bureau's involvement in the matter, according to Jones. Jones, who would not say what the FBI investigation was about, said Valencia was not being wiretapped.

According to Ortiz's document, Valencia spoke with a "known criminal and drug dealer" by phone Feb. 22 and 26, 2008. During those conversations, Valencia "agreed to provide" a gun to Gonzales, who planned on using it to commit murder, the document states. The document also says Valencia "provided the criminal with a description of an undercover officer who was possibly investigating the criminal, and provided the criminal with information and advice adverse to law enforcement." Another document associated with the academy board investigation states Valencia was "degrading law enforcement by speaking negatively about his fellow officers to a known criminal." And when Santa Fe police talked to Valencia about the incident, the detective "was untruthful with investigating officers," according to Ortiz's reports. The academy board sent Valencia a notice of contemplated action in August.

The next month, the detective went before the board for an informal hearing, where Valencia "took no responsibility for his actions, saying it was a misunderstanding because he was conducting a ruse on the informant to obtain information from him," according to the report. Garcia, Valencia's attorney, said Valencia has "been labeled a dirty cop before he has an opportunity to present his side." He contends police administration higher-ups became upset with Valencia after he refused to participate in "cover-ups," but he wouldn't be more specific. Valencia's alleged wrongdoing took place under the administration of former Police Chief Eric Johnson. Current Chief Aric Wheeler was a deputy chief at the time.

Entrapment claim

Valencia was doing his job when he met Gonzales and followed all protocol, without knowing he was being set up, Garcia said. "This guy didn't just fall out of a tree and land at the doorstep and ask for a gun," Garcia said. "They were entrapping him." Garcia denies Valencia was offering to provide a weapon to Gonzales. Garcia also contends the City Attorney's Office has engaged in activity that is "unfair and perhaps illegal" by not producing to his client the Santa Fe police internal affairs documentation or the FBI recordings. Garcia said he expects to file a tort claim notice with the city this week and will spell out his allegations in a coming lawsuit. Garcia said Wheeler recommended Valencia's termination last Thursday, though Wheeler declined to comment on that, citing the case as a confidential personnel matter and the prospect of litigation.

The termination must be approved by the city manager, and Valencia will have a chance to appeal. Allan Lopez, who was elected to replace Valencia as head of the Santa Fe Police Officers Association in December, said that if the allegations are true, they would "have a big impact on our Police Department and our extended law enforcement family." Lopez said that the allegations are "serious and alarming" and that, while the union supports due process for everyone, "we can never condone or support these allegations," if they're found to be true. Lopez also said the allegations first surfaced about a year ago, and the Police Department and City Hall administration were aware of them. He said there was a union "no confidence" vote against Valencia in January 2009.

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.

Officer Todd Lappegaard Accused of Tasering Cooperative Teen

A Minneapolis police officer accused of Tasering a compliant suspect to the ground has been fired from the force, a source close to the department said.

Todd Lappegaard, who faces a federal lawsuit over the April 30, 2009, incident, sent an e-mail to many in the police department in the past several days in which he said he had been let go. He said in the e-mail that he was proud to serve with the city department, according to the source.

Jesse Garcia, police department spokesman, said he could not confirm the termination due to rules regarding personnel matters. Lappegaard, who was hired in 1993, could not be reached for comment Tuesday.

The lawsuit stems from an arrest that took place shortly before midnight in which Rolando Ruiz, 18, was suspected of damaging a police cruiser parked at the Second Precinct on Central Avenue. The arrest, recorded by a video camera on Lappegaard's cruiser, began with Ruiz standing in front of Lappegaard's car with his hands on the hood. Lappegaard then places a Taser on Ruiz's neck and stuns him.

"As plaintiff Ruiz slumped to the ground, Lappegaard held his knee on the plaintiff's back to prevent him from avoiding the electrical shock of the Taser device," the lawsuit reads. "Lappegaard held his free hand on the squad car hood to brace himself as he pinned Ruiz to the ground and continued shocking him."

Along with the civil rights violations, the suit lists nine causes of action. Among them it cites a 2002 incident in which Lappegaard was driving a squad car that made contact with a sport utility vehicle driven by a woman fleeing police. She later drove the SUV off the street, hitting and killing a Richfield man who was jogging.

Ruiz has sued for damages between $75,000 and $400,000 as well as punitive damages. A jury trial has been placed on the U.S. District Court schedule for 2012.

Family Says Kenneth Howe Beaten by Police

The family of a Worcester man who died after being stopped at a state police sobriety checkpoint filed a federal civil rights and wrongful death lawsuit yesterday, alleging that Kenneth R. Howe was beaten to death by police.

The family's lawyer, Frances A. King, called on the U.S. attorney to take over the investigation from the Essex district attorney's office. State police are working with the DA's office on the investigation into the Nov. 25 incident, she said, which is unacceptable.

“It is nothing short of absurd to think that the Massachusetts State Police can investigate the Massachusetts State Police,” she said at a press conference in front of the U.S. District Courthouse in Boston.

She called it outrageous that none of the officers at the checkpoint that night had been disciplined or suspended, even after the state medical examiner declared Mr. Howe's death a homicide. The medical examiner recently ruled that Mr. Howe died of “blunt impact to the head and torso with compression of chest,” and that he died as a result of a “struggle with police.” The medical examiner also said Mr. Howe had a history of high blood pressure and heart problems that might have contributed to his death.

The lawsuit noted that Mr. Howe, 45, did not receive medical attention for 46 minutes after he was arrested at the checkpoint. Had he been immediately rushed to Lawrence General Hospital, a seven-minute ambulance ride away, he might still be alive today, Ms. King said.

The lawsuit requests monetary damages, Ms. King said, as well as changes to police procedure at sobriety checkpoints. She said there is no cap to the amount of money that the family might receive, and that no figure has been requested.

Margaret Howe, Kenneth's wife, appeared at the press conference with two of their three daughters, 15-year-old Ashleigh and 10-year-old Dakota. Mr. Howe, who co-owned the Majestic Barber Shop in Clinton, also had a 1-year-old daughter, Raynemarie Howe.

“We want justice done, for me, for my kids, and for Kenny,” Mrs. Howe said yesterday. “My life hasn't been the same since he has been gone. It's hard, especially with my kids not having a dad right now.”

The lawsuit names 20 state police officers, 13 North Andover police officers, and two Essex County deputy sheriffs as possibly causing Mr. Howe's death. Ms. King said the lawsuit names every officer on the duty roster of the sobriety checkpoint that night. Ms. King said she would seek to drop the names of those officers not involved as evidence became available.

A spokesman for Essex District Attorney Jonathan Blodgett said the office's investigation continues, and he declined to comment further. A state police spokesman referred all questions to Mr. Blodgett's office. A spokesman for the North Andover Police Department was unavailable yesterday.

According to the lawsuit, on Nov. 25, Mr. Howe had gone to North Andover with two friends, Michael Garbauskas and Michael Barbour, to buy a speedboat they found in an online ad on Craigslist. Mr. Garbauskas drove a gray Chevrolet Silverado truck, Mr. Howe sat in the front seat, and Mr. Barbour sat in the back. Also in the car was Mr. Howe's pet pit bull, a fact that had not been disclosed.

After buying groceries for Thanksgiving dinner, they headed for home on Route 114. Mr. Howe was smoking a marijuana cigarette and did not have his seat belt on. Upon seeing police, Mr. Howe tried to extinguish the joint and put on his seat belt, the lawsuit said.

At the checkpoint, Mr. Garbauskas and Mr. Howe were ordered from the truck by state police. State Police Officer Jodi Gerardi “forcefully removed” Mr. Howe from the truck, according to the lawsuit.

The dog apparently started barking. The lawsuit notes that Mr. Howe's pit bull was “never commanded to attack officers, nor was it intentionally ‘released.' ” The police report noted the dog was controlled without incident.

“Trooper Gerardi forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!' ” the lawsuit stated.

Police say Mr. Howe then ran away.

In the lawsuit, Mr. Garbauskas said Mr. Howe never assaulted the female trooper.

“We deny any struggle took place,” Ms. King said yesterday. “But even if a struggle did take place, there is a proper protocol for placing a person under arrest. You do not beat them to death. There's no justification and no rationale.”

The lawsuit then stated, “At that point, between 10 and 20 law enforcement officers swarmed on Kenneth.”

The arrest occurred very close to the offices of The Eagle-Tribune, a daily newspaper. Photographer Carl Russo saw the commotion from the parking lot and rushed over to photograph the scene. He shot 43 photographs, which showed Mr. Howe face down on the pavement for 10 minutes, with seven to 12 officers standing “very close” to him, according to the lawsuit. One to four officers sat on him, according to the photos, while handcuffs and leg irons were placed on his wrists and ankles.

“Between two and seven officers picked up Kenneth off the ground and dragged him to the cruiser,” the lawsuit stated. He was taken to the state police barracks in Andover. While awaiting booking, he slumped over, unresponsive. He was taken by ambulance to Lawrence General Hospital and was pronounced dead upon arrival.

Couple File Civil Suit Alleging Abuse of Power

A couple has sued North Carolina's largest city and a former Charlotte police officer who is accused of sexually assaulting women while in uniform.

The Charlotte Observer reports the couple filed the civil suits Friday, alleging abuse of power by former Office Marcus Jackson and "inept" hiring practices.

They say the 26-year-old officer pulled them over Dec. 28 and made them follow him to a church parking lot. They say he fondled the woman, claiming he needed to search her, then ordered her boyfriend to fondle her as Jackson watched.

Six women over the past month have accused Jackson of sexually assaulting them. A grand jury has indicted Jackson in three cases. Jackson was arrested Dec. 30 and is in the Mecklenburg County jail.

An attorney for the city declined comment.

Police Misconduct Lawsuit Settled in New Orleans

Attorneys for the city of New Orleans recently settled a pair of high-profile federal lawsuits alleging police misconduct.

One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.

On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.

According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.

Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.

Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."

Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.

"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."

Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.

Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.

Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.

The city settled the case for $25,000, according to Moses-Fields.

"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."

One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.

Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.

Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.

The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.

Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.

The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.

A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.

Hearing Set for Officer Raymond Ramos Accused of Sexually Assaulting Woman

A hearing is set today for former San Antonio policeman Raymond Ramos. The 30-year-old is accused of sexually assaulting a woman he detained more than two years ago in a park.

According to investigators, the alleged incident happened in November 2007 just after 4 a.m. Police said Ramos who was on-duty and in uniform sexually assaulted the victim at Golden Park in the 7800 block of Somerset Road. He was indicted in the case in June 2008 for civil rights violation of a person in custody and sexual assault.

Ramos worked overnight at SAPD's south patrol office. He had been with the department for two years. His indictment came on the same day as two fellow officers in an unrelated incident. However, both cases involved women who claimed sexual misconduct against on duty policemen.

Ramos' hearing is set to heard before Judge Cathy Torres Stahl in district court 144 Tuesday morning. If convicted, the former officer faces more than 20 years in prison for both charges.

He is also being sued by the alleged victim. She filed suit against the Ramos, the City of San Antonio, SAPD and police Chief William McManus last month.
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Salt Lake Family Wants City to Pay Damages Caused by SWAT Team

A Salt Lake family wants the city to pay for damage from a SWAT team search of their house.

It stems from the Jan. 5 search for the man accused of fatally shooting Millard County sheriff's Deputy Josie Fox.

Police originally believed the suspect, Roberto Roman, was hiding at the Salt Lake City home of his cousin, Guillermo Miramontes. A car believed to be connected to the shooting was spotted in front of the house on the 1000 West block of 300 South. Officers got permission to search the home and ended up firing 10 canisters of tear gas into the house before entering.

Roman was not inside. He later was found with an accused accomplice and arrested north of Beaver.

The Salt Lake Tribune reports damage to the Salt Lake City home is approximately $25,000. The family says it needs to replace the carpet, two couches, six beds, most of their clothing and all of the food that was in the house.

Family members tell the Tribune they're afraid they will get stuck with the cost. The family filed a claim against the city and says it will file a lawsuit if it doesn't get paid.

Community activist Michael Clara, who also is a neighbor of the Miramontes family, says the family has been living in a hotel room.

"Eleven days (after the SWAT search) the health department shows up and says 'Oh, this house, we need to close it because there is too much tear gas in there,'" he told KSL.

He says the family basically has been left homeless.

"The house is uninhabitable. Everything is damaged, the windows are all broken. There's no process in place to help someone in that situation," he said.

Salt Lake City isn't commenting because of the pending claim.
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