Camp Lejeune civilian law enforcement officer has been charged in the November 2009 accidental shooting death of his young son.
Robert John Lewis, 27, of Jacksonville, N.C., was charged Wednesday morning with involuntary manslaughter, possession of a weapon of mass destruction, contributing to the delinquency of a juvenile and failing to secure a firearm from a minor, according to an Onslow County Sheriff’s Office release.
The charges come nearly two months after Lewis’ 3-year-old son, Tyler, shot himself in the forehead Nov. 16 with a .40-caliber pistol he found on a table in the family’s home, according to authorities. He died shortly after the gun fired.
Lewis was working on the base when the shooting occurred. His wife was at home with their son at the time.
He has been placed in Onslow County Jail on $55,000 bond.
Showing posts with label manslaughter. Show all posts
Showing posts with label manslaughter. Show all posts
Wednesday, January 06, 2010
Tuesday, December 15, 2009
Former Inspector Keith Bridges Convicted of Killing Four People
A former police inspector who crashed his car in France, killing four people including his wife, has received a suspended sentence from a French court.
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Sunday, December 06, 2009
Officer Troy Meade Plans to Claim Self Defense
Court documents filed on behalf of Everett police officer Troy Meade are the first public indication that the officer plans to claim self defense in a fatal June shooting outside an Everett restaurant.
Prosecutors in October charged Meade, 41, with first-degree manslaughter. They allege that Meade committed a crime June 10 when he shot Niles Meservey while the Stanwood man was sitting in his car outside the Chuckwagon Inn.
Meade, an 11-year veteran, has declined to speak to investigators. He pleaded not guilty to the charge last month.
His attorney, David Allen, has filed a notice in Snohomish County Superior Court that Meade will be requesting that he be reimbursed for attorney’s fees, loss of wages and other expenses once he is acquitted or the charge against him is dropped.
“Defendant Meade submits that his actions were necessary and reasonable and that he was in imminent danger at the time that he acted in self-defense to protect himself from an assault,” Allen wrote.
The trial is scheduled for April 9. Meade remains on paid administrative leave from the 200-officer department.
Investigators believe Meade opened fire after an intoxicated Meservey, 51, refused to obey the officer’s orders to get out of the car. Meade twice used an electric stun gun in an effort to subdue Meservey.
Meservey refused to get out of his car and drove his Chevrolet Corvette into a chain-link fence.
Meade fired his handgun eight times through the car’s back window.
Meservey was struck by seven bullets. He died in the parking lot of the restaurant.
A special team of homicide investigators re-created the shooting and interviewed dozens of people, including another Everett police officer who witnessed the shooting.
That officer told investigators that Meservey wasn’t obeying orders but didn’t pose an immediate lethal threat to Meade or anyone else. He said that immediately after the shooting, Meade said he believed their lives were in danger.
Prosecutors in October charged Meade, 41, with first-degree manslaughter. They allege that Meade committed a crime June 10 when he shot Niles Meservey while the Stanwood man was sitting in his car outside the Chuckwagon Inn.
Meade, an 11-year veteran, has declined to speak to investigators. He pleaded not guilty to the charge last month.
His attorney, David Allen, has filed a notice in Snohomish County Superior Court that Meade will be requesting that he be reimbursed for attorney’s fees, loss of wages and other expenses once he is acquitted or the charge against him is dropped.
“Defendant Meade submits that his actions were necessary and reasonable and that he was in imminent danger at the time that he acted in self-defense to protect himself from an assault,” Allen wrote.
The trial is scheduled for April 9. Meade remains on paid administrative leave from the 200-officer department.
Investigators believe Meade opened fire after an intoxicated Meservey, 51, refused to obey the officer’s orders to get out of the car. Meade twice used an electric stun gun in an effort to subdue Meservey.
Meservey refused to get out of his car and drove his Chevrolet Corvette into a chain-link fence.
Meade fired his handgun eight times through the car’s back window.
Meservey was struck by seven bullets. He died in the parking lot of the restaurant.
A special team of homicide investigators re-created the shooting and interviewed dozens of people, including another Everett police officer who witnessed the shooting.
That officer told investigators that Meservey wasn’t obeying orders but didn’t pose an immediate lethal threat to Meade or anyone else. He said that immediately after the shooting, Meade said he believed their lives were in danger.
Wednesday, December 02, 2009
Former Officer David Seaton Indicted for Manslaughter & Assault
A former San Antonio police officer has been indicted for manslaughter and aggravated assault in the traffic death of a colleague last year.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
Tuesday, December 01, 2009
Officer David Seaton Indicted for Manslaughter
A former San Antonio police officer involved in a high-speed wreck last year that killed a colleague has been indicted on manslaughter and aggravated assault charges.
David Seaton, 44, could face up to life in prison if convicted of either of the felony offenses — a stark contrast to the maximum 10-year sentence he faced last month before rescinding a plea agreement with prosecutors.
Seaton rescinded his no contest plea Nov. 12, the day he was scheduled to be sentenced on the manslaughter charge in connection with Officer Robert Davis' death.
State District Judge Sid Harle granted Seaton's last-minute request to back out of the plea agreement, saying he would allow it because the former officer's case had not yet been reviewed by a grand jury.
On Monday, a grand jury returned the indictments against Seaton, who remained free on bail Tuesday afternoon. The aggravated assault charge stems from serious injuries motorist Darrell Lampkin suffered in the Nov. 28, 2008, crash. Seaton is expected to again surrender to authorities now that he has been indicted.
Both felonies are generally punishable by up to 20 years in prison, but because Seaton was an officer when the crash occurred, the maximum possible punishment range was enhanced to 99 years or life in prison.
Tuesday marked one year since Davis' death. The rookie officer suffered massive head injuries and was taken off life support three days after being struck on Potranco Road at Hunt Lane, where he had been working an unrelated accident.
Investigators believed Seaton was driving more than 100 mph without his overhead lights on when he was responding to a low-priority shoplifting call, according to the San Antonio Police Department. The Police Department recommended to the district attorney's office last December that he be charged with manslaughter.
The indictment and its enhanced sentence range should not come as a surprise to Seaton, said Adriana Biggs, chief of the district attorney's white-collar crimes division.
“We thought these were the appropriate charges to put before the grand jury,” she said. “Now it's up to the trial jury.”
Defense attorney Jay Norton on Tuesday said he still holds out hope his client can reach another plea agreement with prosecutors given the uncertainty of a jury trial.
Prosecutors previously said a plea agreement is still feasible, but the terms wouldn't get better than what Seaton has been offered. Norton declined to comment on what changes Seaton might seek, or why the original agreement became untenable.
Ultimately, he said, his client is ready to place his fate in the hands of jurors if necessary.
“It's not like he walked away from it unscathed,” Norton said of the wreck, pointing out that Seaton is still undergoing physical therapy for his injuries. “It's a tragic situation all around.”
David Seaton, 44, could face up to life in prison if convicted of either of the felony offenses — a stark contrast to the maximum 10-year sentence he faced last month before rescinding a plea agreement with prosecutors.
Seaton rescinded his no contest plea Nov. 12, the day he was scheduled to be sentenced on the manslaughter charge in connection with Officer Robert Davis' death.
State District Judge Sid Harle granted Seaton's last-minute request to back out of the plea agreement, saying he would allow it because the former officer's case had not yet been reviewed by a grand jury.
On Monday, a grand jury returned the indictments against Seaton, who remained free on bail Tuesday afternoon. The aggravated assault charge stems from serious injuries motorist Darrell Lampkin suffered in the Nov. 28, 2008, crash. Seaton is expected to again surrender to authorities now that he has been indicted.
Both felonies are generally punishable by up to 20 years in prison, but because Seaton was an officer when the crash occurred, the maximum possible punishment range was enhanced to 99 years or life in prison.
Tuesday marked one year since Davis' death. The rookie officer suffered massive head injuries and was taken off life support three days after being struck on Potranco Road at Hunt Lane, where he had been working an unrelated accident.
Investigators believed Seaton was driving more than 100 mph without his overhead lights on when he was responding to a low-priority shoplifting call, according to the San Antonio Police Department. The Police Department recommended to the district attorney's office last December that he be charged with manslaughter.
The indictment and its enhanced sentence range should not come as a surprise to Seaton, said Adriana Biggs, chief of the district attorney's white-collar crimes division.
“We thought these were the appropriate charges to put before the grand jury,” she said. “Now it's up to the trial jury.”
Defense attorney Jay Norton on Tuesday said he still holds out hope his client can reach another plea agreement with prosecutors given the uncertainty of a jury trial.
Prosecutors previously said a plea agreement is still feasible, but the terms wouldn't get better than what Seaton has been offered. Norton declined to comment on what changes Seaton might seek, or why the original agreement became untenable.
Ultimately, he said, his client is ready to place his fate in the hands of jurors if necessary.
“It's not like he walked away from it unscathed,” Norton said of the wreck, pointing out that Seaton is still undergoing physical therapy for his injuries. “It's a tragic situation all around.”
Monday, October 26, 2009
Officer Troy Meade Charged with Manslaughter
Police officers in the United States rarely face criminal charges for using force in the line of duty.
The first-degree manslaughter charge filed Monday against Everett police officer Troy Meade is unprecedented in Snohomish County history.
Meade, an 11-year veteran, is accused of recklessly causing the death of Niles Meservey, 51. The officer fatally shot Meservey after he refused to get out of his car.
Speculation that Meade could be charged for his actions in the line of duty generated great concern among Everett police officers.
The weeks leading up to the decision have been hard on everyone, a longtime Everett police detective said, speaking on the condition that he not be identified.
The detective said he and other officers understand the importance of a thorough, careful investigation and an independent decision by prosecutors. On the other hand, they also worry that it may be difficult for anybody to truly understand the perspective of the officer involved in this case.
“Troy is in a position where he just has milliseconds to make a decision,” the detective said. “Everybody else has months and months to armchair-quarterback the incident.”
Everett police policy bars anyone from speaking about the matter, with the exception of the police chief or his designee, department spokesman Sgt. Robert Goetz said.
Goetz and Everett Police Chief Jim Scharf on Monday referred calls to Louis Peterson, a Seattle attorney representing Everett.
Peterson didn’t respond for requests for comments. Instead Everett city spokeswoman Kate Reardon sent out a written statement.
Because of pending litigation against the city and the charge against officer Meade, Reardon wrote, “The City and its police department cannot comment further at this time.”
She said, “For today, this is how we have to respond.”
Police are allowed to use force if the officer can reasonably justify that he or she perceives a threat, said David Klinger, an associate professor of criminology at the University of Missouri in St. Louis who studies use of force by police.
“It’s very rare that a police officer is indicted,” Klinger said.
In the vast majority of cases when police use their weapons, the suspect is armed with a knife, gun or other weapon, and someone’s life is in jeopardy, the professor said.
No organization nationally tracks officer-involved violence or the number of times police are charged, Klinger said.
“We don’t even know how many people the cops shoot in the U.S. every year,” he said. “If we don’t know how many time cops kill people, how many times they shoot people, we certainly don’t know how many times police are indicted.”
The most recent case of an officer facing criminal charges was the New Year’s Day shooting by police of an unarmed man at an Oakland, Calif., transit stop. Former Bay Area Rapid Transit officer Johannes Mehserle is charged with first-degree murder in the killing of Oscar Grant, 22. The case is working its way through the courts.
One Everett officer, again speaking so long as he isn’t identified, said there has been some concern that there may be public pressure to file charges against Meade given publicity about other recent police shootings here.
“Some sort of political call to action would be my concern,” the officer said.
Since November, a special task force of detectives has been called on five times to investigate deaths by law enforcement in Snohomish County.
There also is some concern that the decision to charge Meade will affect other officers’ decisions to use lethal force.
“Maybe it will be in the back of their minds and they’ll use less-than-lethal force when less-than-lethal is not appropriate,” the officer said.
Officers go through hours of training to identify when it’s reasonable to use deadly force. Being second-guessed again and again is difficult, he said.
Police increasingly are confronted with dangerous situations by people who may be armed, dangerous and ready to use violence against officers, said John Gray, a former Arlington Police chief, now an instructor of police training at Northwestern University in Chicago.
While the number of officers who are killed in the line of duty has either leveled off or dropped in recent years, assaults on officers have increased, Gray said.
The reduction in deaths likely is a result of improved protective gear and training, he said. Snohomish County and Western Washington are recognized as having superior training to many other areas of the country, he said.
Still, even with the very best policies and training, there are aberrations in performance.
“People change and they make bad decisions and they have to be held accountable,” he said.
Now that an officer has been charged, Everett’s department likely is going to look inward at its policies and procedures, Gray said.
It has been years since a police officer in Snohomish County has been accused of criminal conduct in a line-of-duty death, and that case didn’t result in charges.
In 1992, a member of the sheriff’s office SWAT team fatally shot Robin Marie Pratt during a raid on her Everett apartment. The team was there to arrest her husband on what proved to be bogus allegations that he had been involved in a fatal armored car robbery.
A six-member inquest jury spent three days hearing testimony from the SWAT team members and forensic experts. A majority of jurors determined the death of the unarmed woman was a criminal act, and they held one of the SWAT team members responsible.
No charges were filed by Greg Canova, the special prosecutor hired to decide how the case should be handled. He is now a King County Superior Court judge but then was a senior assistant state attorney general.
At the time, Canova said his nearly five-month review of Pratt’s shooting turned up no legal grounds to justify criminal charges. He interviewed the inquest jury members after their verdict and said most really believed no crime had occurred and were confused by jury instructions. Among other factors in the decision not to file charges was that the SWAT officer fired a single shot from the fully automatic weapon, Canova said. That indicated the officer didn’t intentionally shoot Pratt, he said.
-----------------------
http://www.google.com/hostednews/ap/article/ALeqM5j_P9a-yi_U9kGD6yWRBMtZL_eYggD9BJ2J600
The first-degree manslaughter charge filed Monday against Everett police officer Troy Meade is unprecedented in Snohomish County history.
Meade, an 11-year veteran, is accused of recklessly causing the death of Niles Meservey, 51. The officer fatally shot Meservey after he refused to get out of his car.
Speculation that Meade could be charged for his actions in the line of duty generated great concern among Everett police officers.
The weeks leading up to the decision have been hard on everyone, a longtime Everett police detective said, speaking on the condition that he not be identified.
The detective said he and other officers understand the importance of a thorough, careful investigation and an independent decision by prosecutors. On the other hand, they also worry that it may be difficult for anybody to truly understand the perspective of the officer involved in this case.
“Troy is in a position where he just has milliseconds to make a decision,” the detective said. “Everybody else has months and months to armchair-quarterback the incident.”
Everett police policy bars anyone from speaking about the matter, with the exception of the police chief or his designee, department spokesman Sgt. Robert Goetz said.
Goetz and Everett Police Chief Jim Scharf on Monday referred calls to Louis Peterson, a Seattle attorney representing Everett.
Peterson didn’t respond for requests for comments. Instead Everett city spokeswoman Kate Reardon sent out a written statement.
Because of pending litigation against the city and the charge against officer Meade, Reardon wrote, “The City and its police department cannot comment further at this time.”
She said, “For today, this is how we have to respond.”
Police are allowed to use force if the officer can reasonably justify that he or she perceives a threat, said David Klinger, an associate professor of criminology at the University of Missouri in St. Louis who studies use of force by police.
“It’s very rare that a police officer is indicted,” Klinger said.
In the vast majority of cases when police use their weapons, the suspect is armed with a knife, gun or other weapon, and someone’s life is in jeopardy, the professor said.
No organization nationally tracks officer-involved violence or the number of times police are charged, Klinger said.
“We don’t even know how many people the cops shoot in the U.S. every year,” he said. “If we don’t know how many time cops kill people, how many times they shoot people, we certainly don’t know how many times police are indicted.”
The most recent case of an officer facing criminal charges was the New Year’s Day shooting by police of an unarmed man at an Oakland, Calif., transit stop. Former Bay Area Rapid Transit officer Johannes Mehserle is charged with first-degree murder in the killing of Oscar Grant, 22. The case is working its way through the courts.
One Everett officer, again speaking so long as he isn’t identified, said there has been some concern that there may be public pressure to file charges against Meade given publicity about other recent police shootings here.
“Some sort of political call to action would be my concern,” the officer said.
Since November, a special task force of detectives has been called on five times to investigate deaths by law enforcement in Snohomish County.
There also is some concern that the decision to charge Meade will affect other officers’ decisions to use lethal force.
“Maybe it will be in the back of their minds and they’ll use less-than-lethal force when less-than-lethal is not appropriate,” the officer said.
Officers go through hours of training to identify when it’s reasonable to use deadly force. Being second-guessed again and again is difficult, he said.
Police increasingly are confronted with dangerous situations by people who may be armed, dangerous and ready to use violence against officers, said John Gray, a former Arlington Police chief, now an instructor of police training at Northwestern University in Chicago.
While the number of officers who are killed in the line of duty has either leveled off or dropped in recent years, assaults on officers have increased, Gray said.
The reduction in deaths likely is a result of improved protective gear and training, he said. Snohomish County and Western Washington are recognized as having superior training to many other areas of the country, he said.
Still, even with the very best policies and training, there are aberrations in performance.
“People change and they make bad decisions and they have to be held accountable,” he said.
Now that an officer has been charged, Everett’s department likely is going to look inward at its policies and procedures, Gray said.
It has been years since a police officer in Snohomish County has been accused of criminal conduct in a line-of-duty death, and that case didn’t result in charges.
In 1992, a member of the sheriff’s office SWAT team fatally shot Robin Marie Pratt during a raid on her Everett apartment. The team was there to arrest her husband on what proved to be bogus allegations that he had been involved in a fatal armored car robbery.
A six-member inquest jury spent three days hearing testimony from the SWAT team members and forensic experts. A majority of jurors determined the death of the unarmed woman was a criminal act, and they held one of the SWAT team members responsible.
No charges were filed by Greg Canova, the special prosecutor hired to decide how the case should be handled. He is now a King County Superior Court judge but then was a senior assistant state attorney general.
At the time, Canova said his nearly five-month review of Pratt’s shooting turned up no legal grounds to justify criminal charges. He interviewed the inquest jury members after their verdict and said most really believed no crime had occurred and were confused by jury instructions. Among other factors in the decision not to file charges was that the SWAT officer fired a single shot from the fully automatic weapon, Canova said. That indicated the officer didn’t intentionally shoot Pratt, he said.
-----------------------
http://www.google.com/hostednews/ap/article/ALeqM5j_P9a-yi_U9kGD6yWRBMtZL_eYggD9BJ2J600
Thursday, June 11, 2009
Officer Chrissy Miller Charged with Manslaughter
A Sunset Hills police officer's blood alcohol level was twice Missouri's legal limit hours after the crash she is accused of causing that killed four people, say prosecutors. Chrissy Miller is now charged with four counts of manslaughter and one count of assault. She is under house arrest.
"Obviously there was a problem here with an individual who went way beyond the limit and had incredibly tragic results," says St. Louis County Prosecutor Bob McCulloch. "She'd been drinking with friends at an establishment for several hours before the accident. At the hospital it was determined her blood alcohol was substantially above the recognized limit in the state of Missouri. It was a .16 about three hours later and a .15 about four hours after the accident."
Miller was allegedly going the wrong direction on Dougherty Ferry at 1:45 AM March 21. She crashed into a car carrying five people of Indian descent. Four of them: Anusha Anumolu, 23, of Charleston, IL; Satya Chinta, 25, of Aurora, IL; Anitha Lakshmi, 23, of Charleston, IL.; and Prya Muppvarapu, 22, of Charleston, IL died instantly. The driver Nitesh Adusumilli, 27, had serious injuries but survived.
Miller was arrested at home Tuesday morning, and booked in the St. Louis County jail, but she was released into her family's custody. McCulloch says Miller's head injuries are so severe, she needs to be kept on house arrest with an ankle monitor. She will only be allowed to leave for doctors' appointments. Miller can walk, but was in a wheelchair as she left the jail.
St. Louis's Indian community still mourns, but Telugu Association President Suren Pathuri says there is no anger, "It's a step in the right direction, hopefully justice will prevail," he says. "Our sympathy goes out to the Christine Miller family. It's hard for her and we hope God will give her strength to face this. Hopefully she'll be stronger."
Pathuri says some in the Indian community were worried the charges were taking too long. McCulloch says it was simply because there were no eye witnesses and reconstruction took a while. He says this case isn't treated any differently because a law enforcement officer is involved.
"You certainly might expect more from a police officer, but from a legal standpoint they're not held to a higher or lower standard. They are held to the same standard as everybody else," says McCulloch.
St. Louis County Prosecutor Robert McCulloch explained, "Her arrest was made by Missouri State Trooper Ryan Burckhardt this morning, at her home. She was taken to St. John's Hospital where she was examined and she was listed as fit for confinement, understanding she's still receiving medical attention. That's why we arranged to have her under house arrest with an ankle bracelet on."
Miller is suspended without pay from the Sunset Hills Police Department effective Tuesday.
"Hours after the crash it was determined her blood alcohol was substantially above the recognized limit in the state of Missouri. It was a .16 at about three hours later and a .15 about four hours after the accident, " stated McCulloch.
Her bond is set at $200,000 and the case will be presented to the grand jury in four to six weeks.
Miller is a 12-year veteran of the police department.
After the accident, Miller had surgery and was in critical condition at St. John's.
At the time of the accident, Nothum would not say why authorities suspected Miller had been drinking. Sunset Hills Police Chief William LaGrand added at the time that drinking and driving would be out of character for Miller, a single mother with one son.
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http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/46DECB2C72B02AB5862575D1000B60A9?OpenDocument
"Obviously there was a problem here with an individual who went way beyond the limit and had incredibly tragic results," says St. Louis County Prosecutor Bob McCulloch. "She'd been drinking with friends at an establishment for several hours before the accident. At the hospital it was determined her blood alcohol was substantially above the recognized limit in the state of Missouri. It was a .16 about three hours later and a .15 about four hours after the accident."
Miller was allegedly going the wrong direction on Dougherty Ferry at 1:45 AM March 21. She crashed into a car carrying five people of Indian descent. Four of them: Anusha Anumolu, 23, of Charleston, IL; Satya Chinta, 25, of Aurora, IL; Anitha Lakshmi, 23, of Charleston, IL.; and Prya Muppvarapu, 22, of Charleston, IL died instantly. The driver Nitesh Adusumilli, 27, had serious injuries but survived.
Miller was arrested at home Tuesday morning, and booked in the St. Louis County jail, but she was released into her family's custody. McCulloch says Miller's head injuries are so severe, she needs to be kept on house arrest with an ankle monitor. She will only be allowed to leave for doctors' appointments. Miller can walk, but was in a wheelchair as she left the jail.
St. Louis's Indian community still mourns, but Telugu Association President Suren Pathuri says there is no anger, "It's a step in the right direction, hopefully justice will prevail," he says. "Our sympathy goes out to the Christine Miller family. It's hard for her and we hope God will give her strength to face this. Hopefully she'll be stronger."
Pathuri says some in the Indian community were worried the charges were taking too long. McCulloch says it was simply because there were no eye witnesses and reconstruction took a while. He says this case isn't treated any differently because a law enforcement officer is involved.
"You certainly might expect more from a police officer, but from a legal standpoint they're not held to a higher or lower standard. They are held to the same standard as everybody else," says McCulloch.
St. Louis County Prosecutor Robert McCulloch explained, "Her arrest was made by Missouri State Trooper Ryan Burckhardt this morning, at her home. She was taken to St. John's Hospital where she was examined and she was listed as fit for confinement, understanding she's still receiving medical attention. That's why we arranged to have her under house arrest with an ankle bracelet on."
Miller is suspended without pay from the Sunset Hills Police Department effective Tuesday.
"Hours after the crash it was determined her blood alcohol was substantially above the recognized limit in the state of Missouri. It was a .16 at about three hours later and a .15 about four hours after the accident, " stated McCulloch.
Her bond is set at $200,000 and the case will be presented to the grand jury in four to six weeks.
Miller is a 12-year veteran of the police department.
After the accident, Miller had surgery and was in critical condition at St. John's.
At the time of the accident, Nothum would not say why authorities suspected Miller had been drinking. Sunset Hills Police Chief William LaGrand added at the time that drinking and driving would be out of character for Miller, a single mother with one son.
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http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/46DECB2C72B02AB5862575D1000B60A9?OpenDocument
Tuesday, June 09, 2009
Officer Christine Miller Charged with Involuntary Manslaughter
A suburban St. Louis police officer has been charged with four counts of involuntary manslaughter-driving while intoxicated for a March accident that killed four people.
Charges were filed Tuesday against 41-year-old Christine Miller. She also was arrested Tuesday and unavailable for comment. It wasn't clear if she had an attorney.
St. Louis County Prosecutor Robert McCulloch said bond was set $200,000, but because Miller is still recovering from severe head injuries suffered in the accident his office agreed to home confinement.
The accident on March 21 killed four people from India, three of whom were graduate students at Eastern Illinois Universty in Charleston.
Miller also faces a fifth charge tied to a fifth victim who was badly injured. She was a veteran officer with the Sunset Hills police department.
Charges were filed Tuesday against 41-year-old Christine Miller. She also was arrested Tuesday and unavailable for comment. It wasn't clear if she had an attorney.
St. Louis County Prosecutor Robert McCulloch said bond was set $200,000, but because Miller is still recovering from severe head injuries suffered in the accident his office agreed to home confinement.
The accident on March 21 killed four people from India, three of whom were graduate students at Eastern Illinois Universty in Charleston.
Miller also faces a fifth charge tied to a fifth victim who was badly injured. She was a veteran officer with the Sunset Hills police department.
_______________________
Wednesday, March 11, 2009
Officer Raphael Lora On Trial for Manslaughter
BRONX
A Bronx cop on trial for manslaughter said he had no choice but to shoot an unarmed man.
Officer Raphael Lora spent three hours on the stand Wednesday. He's a veteran cop and ex-combat Marine, but now he's fighting to stay out of prison.
"It's a very frightening situation to have to take the stand in your own defense. He's been living with this for the last 18 months. I thought he was professional, calm. Shots was fired, and he did hit the cop with the vehicle," said Lora's attorney Stuart London.
Lora called 9-1-1 the night he killed Honduran immigrant Fermin Arzu. Arzu was drunk when he crashed his van outside Lora's home. The off-duty cop grabbed his gun and ran to the vehicle. Lora said Arzu was incoherent, then suddenly Arzu threw something in Lora's face and started driving away.
Lora said his arm was stuck in the door. "My main intention was to extract myself from the car and that's when I fired my weapon," he said.
There were five shots. One hit Arzu in the back, killing him.
Juana Arzu, the victim's sister, said "I feel sick now. Yeah, I feel bad, I don't like nothing." The Arzu family says the cop's story doesn't hang together.
For instance, there's nothing in the EMT report to support Lora's claim that his tooth was chipped when Arzu threw something at his face, and the cop has told different versions of firing, both in order to break free of the moving van, and breaking free then firing.
"Frankly rather than acting like a heroic officer to render aid, he acted with a chicken heart," said Arzu family attorney Michael Hardy.
Lora decided against a jury trial, so a judge will decide if this shooting was justified, or a case of manslaughter.
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http://www.ny1.com/content/top_stories/95368/officer-accused-of-shooting-bronx-man-takes-the-stand/Default.aspx
A Bronx cop on trial for manslaughter said he had no choice but to shoot an unarmed man.
Officer Raphael Lora spent three hours on the stand Wednesday. He's a veteran cop and ex-combat Marine, but now he's fighting to stay out of prison.
"It's a very frightening situation to have to take the stand in your own defense. He's been living with this for the last 18 months. I thought he was professional, calm. Shots was fired, and he did hit the cop with the vehicle," said Lora's attorney Stuart London.
Lora called 9-1-1 the night he killed Honduran immigrant Fermin Arzu. Arzu was drunk when he crashed his van outside Lora's home. The off-duty cop grabbed his gun and ran to the vehicle. Lora said Arzu was incoherent, then suddenly Arzu threw something in Lora's face and started driving away.
Lora said his arm was stuck in the door. "My main intention was to extract myself from the car and that's when I fired my weapon," he said.
There were five shots. One hit Arzu in the back, killing him.
Juana Arzu, the victim's sister, said "I feel sick now. Yeah, I feel bad, I don't like nothing." The Arzu family says the cop's story doesn't hang together.
For instance, there's nothing in the EMT report to support Lora's claim that his tooth was chipped when Arzu threw something at his face, and the cop has told different versions of firing, both in order to break free of the moving van, and breaking free then firing.
"Frankly rather than acting like a heroic officer to render aid, he acted with a chicken heart," said Arzu family attorney Michael Hardy.
Lora decided against a jury trial, so a judge will decide if this shooting was justified, or a case of manslaughter.
__________
http://www.ny1.com/content/top_stories/95368/officer-accused-of-shooting-bronx-man-takes-the-stand/Default.aspx
Tuesday, February 24, 2009
Three Former Atlanta Officers Senteced to Prison for Fatal Shooting of Woman
Three former Atlanta Police Department (APD) officers were sentenced to prison today by Chief U.S. District Judge Julie E. Carnes on a charge of conspiracy to violate civil rights resulting in death, arising from the fatal police shooting of Kathryn Johnston, a 92-year old Atlanta woman. Johnston was fatally shot at her home during the execution of a search warrant obtained by the defendants based upon false information on Nov. 21, 2006. The announcement was made by Acting Assistant Attorney General Loretta King of the Civil Rights Division; U.S. Attorney David E. Nahmias for the Northern District of Georgia; and Gregory Jones, Special Agent in Charge of the FBI's Atlanta office.
Jason R. Smith, 36, of Oxford, Ga., was sentenced to 10 years in federal prison; Gregg Junnier, 42, of Woodstock, Ga., was sentenced to 6 years in federal prison; and Arthur Tesler, 42, of Acworth, Ga., was sentenced to 5 years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve 3 years of supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Johnston's funeral and burying.
"The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others," said Acting Assistance Attorney General Loretta King. "This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties."
In a news conference after the sentencing hearings, U.S. Attorney David E. Nahmias said in part, "As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnson in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that 'taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will be face even more severe punishment."
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, "This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others."
Junnier and Smith pleaded guilty to the federal charge, as well as to voluntary manslaughter and related state charges in Fulton County, Ga., Superior Court, on April 26, 2007. According to their plea agreements, they will be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. Tesler initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, Tesler was convicted at trial in state court on the false statement charges, but that conviction was reversed on appeal. Following the state trial, federal authorities re-evaluated Tesler's case, conducted further investigation, and determined that federal prosecution of Tesler was appropriate. Tesler pleaded guilty to the federal charge on Oct. 30, 2008.
Junnier began cooperating truthfully with federal authorities shortly after the incident and provided valuable assistance in the investigation and prosecution of Smith and Tesler. Additionally, Junnier's cooperation led to guilty pleas by two additional APD officers to federal charges, including the sergeant who commanded the narcotics team involved in the shooting. Smith cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the court reduced Junnier's sentence by 40 percent and Smith's sentence by 20 percent. Tesler did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
According to information presented in court, on Nov. 21, 2006, APD officers Junnier, Smith and Tesler participated along with other narcotics team officers in the execution of a search warrant at 933 Neal Street in Atlanta. During the execution of the warrant, the 92-year old owner of the home, Johnston, who apparently believed her home was being invaded by criminals, fired her revolver once at those entering her home as the front door was being breached. Her shot did not hit anyone. Six officers, including Junnier and Smith returned fire. Johnston was hit by five or six shots, one of which was fatal.
According to the information presented in court, while working as APD narcotics officers, Junnier, Smith and Tesler routinely made false statements in sworn affidavits to state magistrate judges in order to procure search warrants for residences and other locations where the officers believed illegal drugs would be found. These false statements included representations that confidential reliable informants (CRIs) had made drug purchases that never actually took place; that information was provided to officers by CRIs when the information was actually provided by unreliable informants; that the officers had personally observed a purchase by a CRI when they had not in fact observed the events described in the affidavit; that CRIs were searched before and after drug purchases when the CRIs were not searched; and that the occupants of the residence to be searched had surveillance cameras, were armed with firearms, or were dangerous in other ways in order to obtain "no-knock" warrants.
Junnier, Smith, Tesler and other officers would execute the search warrants, according to court documents, and if contraband were found, the occupants would be arrested and charged. If asked about the search executed under fraudulently procured warrants, Junnier, Smith and Tesler would make statements consistent with the false statements made to procure the warrant. Junnier, Smith and Tesler falsified affidavits for search warrants to be considered productive officers and to meet APD's performance targets. They believed that these ends justified their falsifying search warrant affidavits.
On the afternoon of Nov. 21, 2006, Smith, Junnier and Tessler arrested an individual for drug possession. That individual told the officers that he had purchased crack cocaine from a man named "Sam" at a house that he later identified as 933 Neal Street and claimed that he had seen a kilogram of cocaine in that house earlier that day. Junnier contacted a CRI to have the CRI attempt to make a purchase from 933 Neal Street, but the CRI did not have transportation. The officers did nothing else to corroborate or verify the information the person they had arrested provided.
Smith, Junnier and Tessler then obtained a search warrant for 933 Neal Street after Smith submitted a sworn affidavit to a magistrate judge falsely stating that Smith and Tessler had directed a CRI to make a purchase of cocaine from 933 Neal Street; that the CRI was searched before the purchase; that the CRI purchased $50 of crack from a man named "Sam"; and that a no-knock warrant should be issued because the CRI stated that "Sam" had electronic surveillance equipment in the house, which "Sam" carefully monitored.
At about 6:40 p.m. on Nov. 21, 2006, Junnier, Smith, Tessler and other narcotics officers attempted to execute the search warrant. Tessler was assigned to guard the back door. As officers rammed open the front door of 933 Neal Street, Kathryn Johnson, an elderly woman who was the owner and only resident of the house, fired a single shot from a .38 caliber revolver through the door, which hit no one. Junnier, Smith, and four other officers returned fire, hitting Ms. Johnston with five or six shots, one of which was fatal. Ballistics and other forensic analysis are unable to establish which of the officers fired the fatal shot or the other shots. Three officers, including Junnier, were injured by shots fired by other officers, or resulting shrapnel or debris, but all were released from the hospital by the following morning.
According to court documents, no other occupants or drugs were found at 933 Neal Street. After the shooting, Smith planted three bag of marijuana, which the officers had seized somewhere else earlier that day, in the basement of the house. Tesler filed a false APD incident report stating that a purchase of crack had been made at 933 Neal Street earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street. On Nov. 22, 2006, Smith and another officer disposed of the remainder of the marijuana from which Smith had taken the planted marijuana, by throwing it down a sewer drain. Smith, Junnier and Tessler also met to fabricate a story that would explain the events leading to the shooting of Kathryn Johnston. Smith, Junnier and Tessler then recounted the fabricated story to APD homicide investigators.
After Atlanta Police Chief Richard Pennington turned the investigation of the Kathryn Johnston case over to the FBI to lead, Junnier was interviewed by FBI agents and admitted the facts about the conspiracy rather than giving the false cover story. Smith continued to cover up the conspiracy in his first interview with federal agents, but subsequently admitted to the conspiracy.
This case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorney Jon-Peter Kelly, U.S. Attorney David E. Nahmias and Special Litigation Counsel Paige M. Fitzgerald of the Civil Rights Division.
SOURCE U.S. Department of Justice
Jason R. Smith, 36, of Oxford, Ga., was sentenced to 10 years in federal prison; Gregg Junnier, 42, of Woodstock, Ga., was sentenced to 6 years in federal prison; and Arthur Tesler, 42, of Acworth, Ga., was sentenced to 5 years in federal prison. There is no parole in the federal system. Each defendant was also sentenced to serve 3 years of supervised release following his prison term, and collectively to pay $8,180 in restitution for the costs of Johnston's funeral and burying.
"The Justice Department is committed to vigorously prosecuting law enforcement officers who willfully disregard the Constitution and abuse their authority to violate the rights of others," said Acting Assistance Attorney General Loretta King. "This sort of unlawful behavior, resulting in Ms. Johnston's tragic death, undermines the efforts of law enforcement officers who honorably perform their duties."
In a news conference after the sentencing hearings, U.S. Attorney David E. Nahmias said in part, "As Atlanta police narcotics officers, these three defendants repeatedly failed to follow proper procedures and then lied under oath to obtain search warrants. Their routine violations of the Fourth Amendment led to the death of an innocent citizen. The death of Kathryn Johnson in a police shooting was a terrible tragedy for a law-abiding elderly woman, her family, and our entire community. But as her family and others hoped, from this tragedy have come two positive results. First, it has led the Atlanta Police Department to implement useful reforms in training and supervision and to entirely revamp its Narcotics Unit, reducing the possibility of a similar tragedy in the future. Second, the significant prison sentences imposed by the Court today should send a strong message to other law enforcement officers who may be tempted to lie under oath or otherwise violate the law. Officers who think, as these defendants once did, that the ends justify the means or that 'taking shortcuts' and telling lies will not be discovered and punished should realize that they are risking their careers and their liberty. And officers who try to obstruct justice when their misconduct faces exposure, rather than cooperating in the investigation, should realize that they will be face even more severe punishment."
Gregory Jones, Special Agent in Charge, FBI Atlanta, said, "This is a sad day in the law enforcement community. Few crimes are as reprehensible as those committed by police officers who violate the very laws they have sworn to uphold. Our thoughts and prayers are with the Johnston family, and we hope today's sentencing helps bring closure to this tragedy. Further, we want the public to know the FBI will continue to pursue and bring to justice those who violate their oaths of office and the civil rights of others."
Junnier and Smith pleaded guilty to the federal charge, as well as to voluntary manslaughter and related state charges in Fulton County, Ga., Superior Court, on April 26, 2007. According to their plea agreements, they will be sentenced in state court on March 5, 2009, to the same sentence imposed in federal court, with the sentences to be served concurrently. Tesler initially declined to plead guilty and was indicted in state court on charges of violation of oath of office by a public officer, false imprisonment and false statements. In 2008, Tesler was convicted at trial in state court on the false statement charges, but that conviction was reversed on appeal. Following the state trial, federal authorities re-evaluated Tesler's case, conducted further investigation, and determined that federal prosecution of Tesler was appropriate. Tesler pleaded guilty to the federal charge on Oct. 30, 2008.
Junnier began cooperating truthfully with federal authorities shortly after the incident and provided valuable assistance in the investigation and prosecution of Smith and Tesler. Additionally, Junnier's cooperation led to guilty pleas by two additional APD officers to federal charges, including the sergeant who commanded the narcotics team involved in the shooting. Smith cooperated to a more limited extent. Both former officers provided information relevant to a broader FBI investigation of misconduct by APD narcotics and other officers, which culminated in a report provided by the FBI to APD Chief Richard Pennington in October 2008 for consideration of potential administrative discipline against other APD officers. As a result of their cooperation, the court reduced Junnier's sentence by 40 percent and Smith's sentence by 20 percent. Tesler did not provide substantial assistance in the investigation and received no sentence reduction on that ground, although his sentence was reduced based on his lesser role in the conspiracy.
According to information presented in court, on Nov. 21, 2006, APD officers Junnier, Smith and Tesler participated along with other narcotics team officers in the execution of a search warrant at 933 Neal Street in Atlanta. During the execution of the warrant, the 92-year old owner of the home, Johnston, who apparently believed her home was being invaded by criminals, fired her revolver once at those entering her home as the front door was being breached. Her shot did not hit anyone. Six officers, including Junnier and Smith returned fire. Johnston was hit by five or six shots, one of which was fatal.
According to the information presented in court, while working as APD narcotics officers, Junnier, Smith and Tesler routinely made false statements in sworn affidavits to state magistrate judges in order to procure search warrants for residences and other locations where the officers believed illegal drugs would be found. These false statements included representations that confidential reliable informants (CRIs) had made drug purchases that never actually took place; that information was provided to officers by CRIs when the information was actually provided by unreliable informants; that the officers had personally observed a purchase by a CRI when they had not in fact observed the events described in the affidavit; that CRIs were searched before and after drug purchases when the CRIs were not searched; and that the occupants of the residence to be searched had surveillance cameras, were armed with firearms, or were dangerous in other ways in order to obtain "no-knock" warrants.
Junnier, Smith, Tesler and other officers would execute the search warrants, according to court documents, and if contraband were found, the occupants would be arrested and charged. If asked about the search executed under fraudulently procured warrants, Junnier, Smith and Tesler would make statements consistent with the false statements made to procure the warrant. Junnier, Smith and Tesler falsified affidavits for search warrants to be considered productive officers and to meet APD's performance targets. They believed that these ends justified their falsifying search warrant affidavits.
On the afternoon of Nov. 21, 2006, Smith, Junnier and Tessler arrested an individual for drug possession. That individual told the officers that he had purchased crack cocaine from a man named "Sam" at a house that he later identified as 933 Neal Street and claimed that he had seen a kilogram of cocaine in that house earlier that day. Junnier contacted a CRI to have the CRI attempt to make a purchase from 933 Neal Street, but the CRI did not have transportation. The officers did nothing else to corroborate or verify the information the person they had arrested provided.
Smith, Junnier and Tessler then obtained a search warrant for 933 Neal Street after Smith submitted a sworn affidavit to a magistrate judge falsely stating that Smith and Tessler had directed a CRI to make a purchase of cocaine from 933 Neal Street; that the CRI was searched before the purchase; that the CRI purchased $50 of crack from a man named "Sam"; and that a no-knock warrant should be issued because the CRI stated that "Sam" had electronic surveillance equipment in the house, which "Sam" carefully monitored.
At about 6:40 p.m. on Nov. 21, 2006, Junnier, Smith, Tessler and other narcotics officers attempted to execute the search warrant. Tessler was assigned to guard the back door. As officers rammed open the front door of 933 Neal Street, Kathryn Johnson, an elderly woman who was the owner and only resident of the house, fired a single shot from a .38 caliber revolver through the door, which hit no one. Junnier, Smith, and four other officers returned fire, hitting Ms. Johnston with five or six shots, one of which was fatal. Ballistics and other forensic analysis are unable to establish which of the officers fired the fatal shot or the other shots. Three officers, including Junnier, were injured by shots fired by other officers, or resulting shrapnel or debris, but all were released from the hospital by the following morning.
According to court documents, no other occupants or drugs were found at 933 Neal Street. After the shooting, Smith planted three bag of marijuana, which the officers had seized somewhere else earlier that day, in the basement of the house. Tesler filed a false APD incident report stating that a purchase of crack had been made at 933 Neal Street earlier that day, and Smith submitted two bags containing crack that falsely indicated the drugs were bought by an informant at 933 Neal Street. On Nov. 22, 2006, Smith and another officer disposed of the remainder of the marijuana from which Smith had taken the planted marijuana, by throwing it down a sewer drain. Smith, Junnier and Tessler also met to fabricate a story that would explain the events leading to the shooting of Kathryn Johnston. Smith, Junnier and Tessler then recounted the fabricated story to APD homicide investigators.
After Atlanta Police Chief Richard Pennington turned the investigation of the Kathryn Johnston case over to the FBI to lead, Junnier was interviewed by FBI agents and admitted the facts about the conspiracy rather than giving the false cover story. Smith continued to cover up the conspiracy in his first interview with federal agents, but subsequently admitted to the conspiracy.
This case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorney Jon-Peter Kelly, U.S. Attorney David E. Nahmias and Special Litigation Counsel Paige M. Fitzgerald of the Civil Rights Division.
SOURCE U.S. Department of Justice
Saturday, January 31, 2009
Trial Date Set for Former Officer Scott Nugent Accused of Killing Man with Taser
A July trial date was set Friday in the case of a former Winnfield Police officer accused of killing a man with a taser stun-gun while the man was still in police custody.
Attorneys for both Scott Nugent, the former Winnfield officer, and the state met with Judge John R. Joyce on Friday and set a trial date of July 13.
A deadline of March 26 for all motions has been set.
Joyce was appointed by the Louisiana Supreme Court to hear the case as Judge Jacque D. Derr recused himself as he's been "associated" with defendant Officer Scott Nugent on "several occasions."
Nugent has been charged with manslaughter and malfeasance in office in connection with the death of Barron "Scooter" Pikes.
Nugent, whose firing from the Winnfield Police Department was upheld by the Civil Service Board, is accused of shocking Pikes nine times with a 50,000-volt Taser within 14 minutes. Those shocks were made while Pikes was handcuffed and in police custody in connection with a drug possession warrant in January 2008, officials said.
Winn Parish Coroner Dr. Randy Williams has said Pikes did not have PCP or cocaine in his system as officers alleged, and Pikes, whose cause of death was listed as cardiac arrest on the death certificate, may have already been dead before the last two Taser shocks.
Nugent's attorney Phillip Terrell has said he is confident Nugent will be found innocent once all the evidence is presented. If convicted of both charges, Nugent faces up to 45 years in prison.
The family of Pikes filed a wrongful death lawsuit last year against not only Nugent but also the city of Winnfield, the mayor, City Council, police chief and other officers on the force, in addition to Taser International Inc. -- the manufacturer of the stun gun device Nugent used.
Attorneys for both Scott Nugent, the former Winnfield officer, and the state met with Judge John R. Joyce on Friday and set a trial date of July 13.
A deadline of March 26 for all motions has been set.
Joyce was appointed by the Louisiana Supreme Court to hear the case as Judge Jacque D. Derr recused himself as he's been "associated" with defendant Officer Scott Nugent on "several occasions."
Nugent has been charged with manslaughter and malfeasance in office in connection with the death of Barron "Scooter" Pikes.
Nugent, whose firing from the Winnfield Police Department was upheld by the Civil Service Board, is accused of shocking Pikes nine times with a 50,000-volt Taser within 14 minutes. Those shocks were made while Pikes was handcuffed and in police custody in connection with a drug possession warrant in January 2008, officials said.
Winn Parish Coroner Dr. Randy Williams has said Pikes did not have PCP or cocaine in his system as officers alleged, and Pikes, whose cause of death was listed as cardiac arrest on the death certificate, may have already been dead before the last two Taser shocks.
Nugent's attorney Phillip Terrell has said he is confident Nugent will be found innocent once all the evidence is presented. If convicted of both charges, Nugent faces up to 45 years in prison.
The family of Pikes filed a wrongful death lawsuit last year against not only Nugent but also the city of Winnfield, the mayor, City Council, police chief and other officers on the force, in addition to Taser International Inc. -- the manufacturer of the stun gun device Nugent used.
Monday, September 01, 2008
Officer Charged with Manslaughter
SOLOMON ISLANDS
The Samoan RAMSI police officer was today formally charged with manslaughter and dangerous driving causing death in relation to the accident that killed Solomon Islands nurse, Hilda Ilabae on the 13th of June 2008.
Police have alleged that the 29-year-old Samoan off-duty RAMSI officer was driving the vehicle that collided with Ms. Hilda Ilibae.
The RAMSI officer appeared in the Honiara Magistrates Court this morning after the Samoan Government confirmed that it would not be asserting jurisdiction in this case.
Under the Facilitation of International Assistance Act which governs RAMSI's presence in Solomon Islands, a contributing country such as Samoa has the option of prosecuting its personnel charged with an offence in Solomon Islands in its own courts.
Acting Commissioner of Police, Johnson Siapu, welcomed Samoa's decision which has cleared the way for the case to be dealt with by the Solomon Islands legal system.
Acting Commissioner Siapu said that the SIPF had worked hard on the investigation.
"Solomon Islands detectives have spoken with many witnesses, and have also travelled to Australia to speak with the other Samoan police officer involved in the incident. A specialist crash scene investigator was also sourced from New Zealand to assist with the investigation," says Acting Commissioner Siapu.
Commissioner Siapu continues to say that a very comprehensive brief of evidence was given to the Director of Public Prosecutions and we have been waiting for the jurisdiction matter to be finalised before we could charge the Samoan in the Solomon Islands.
"When the advice was received this morning that the Samoan Government was not going to assert jurisdiction, the Solomon Islands Police Force immediately arranged for the charges to be laid against the 29-year-old," he said.
Acting Commissioner Siapu said the SIPF appreciated the full cooperation provided by RAMSI during the investigation.
The 29-year-old appeared in the Honiara Magistrates Court today and was bailed to reappear on 1 October 2008.
Arrangements between the Solomon Islands and Samoan Government will permit the 29-year-old to travel to Samoa briefly whilst on bail before he reappears in the Honiara Magistrates Court.
The 29-year-old's travel documents including his passport will be held by the Commissioner of Samoa Police during his brief trip.
Bail conditions imposed today include that the 29-year-old must return from Samoa to Solomon Islands on 29 September 2008, reappear in the Honiara Magistrates Court on the 1st of October 2008, and upon his return must remain at the Guadalacanal Beach Resort and surrender his passport to the Commissioner of the Solomon Islands Police Force.
PRESS RELEASE (POLICE MEDIA UNIT)
The Samoan RAMSI police officer was today formally charged with manslaughter and dangerous driving causing death in relation to the accident that killed Solomon Islands nurse, Hilda Ilabae on the 13th of June 2008.
Police have alleged that the 29-year-old Samoan off-duty RAMSI officer was driving the vehicle that collided with Ms. Hilda Ilibae.
The RAMSI officer appeared in the Honiara Magistrates Court this morning after the Samoan Government confirmed that it would not be asserting jurisdiction in this case.
Under the Facilitation of International Assistance Act which governs RAMSI's presence in Solomon Islands, a contributing country such as Samoa has the option of prosecuting its personnel charged with an offence in Solomon Islands in its own courts.
Acting Commissioner of Police, Johnson Siapu, welcomed Samoa's decision which has cleared the way for the case to be dealt with by the Solomon Islands legal system.
Acting Commissioner Siapu said that the SIPF had worked hard on the investigation.
"Solomon Islands detectives have spoken with many witnesses, and have also travelled to Australia to speak with the other Samoan police officer involved in the incident. A specialist crash scene investigator was also sourced from New Zealand to assist with the investigation," says Acting Commissioner Siapu.
Commissioner Siapu continues to say that a very comprehensive brief of evidence was given to the Director of Public Prosecutions and we have been waiting for the jurisdiction matter to be finalised before we could charge the Samoan in the Solomon Islands.
"When the advice was received this morning that the Samoan Government was not going to assert jurisdiction, the Solomon Islands Police Force immediately arranged for the charges to be laid against the 29-year-old," he said.
Acting Commissioner Siapu said the SIPF appreciated the full cooperation provided by RAMSI during the investigation.
The 29-year-old appeared in the Honiara Magistrates Court today and was bailed to reappear on 1 October 2008.
Arrangements between the Solomon Islands and Samoan Government will permit the 29-year-old to travel to Samoa briefly whilst on bail before he reappears in the Honiara Magistrates Court.
The 29-year-old's travel documents including his passport will be held by the Commissioner of Samoa Police during his brief trip.
Bail conditions imposed today include that the 29-year-old must return from Samoa to Solomon Islands on 29 September 2008, reappear in the Honiara Magistrates Court on the 1st of October 2008, and upon his return must remain at the Guadalacanal Beach Resort and surrender his passport to the Commissioner of the Solomon Islands Police Force.
PRESS RELEASE (POLICE MEDIA UNIT)
Monday, August 25, 2008
Officer Scott Nugent Arraigned For Taser Death
WINNFIELD, La.
A former police officer accused of repeatedly jolting a central Louisiana man with a Taser before he died has pleaded not guilty to manslaughter and malfeasance in office.
Officer Scott Nugent was arraigned Thursday in a Winn Parish courtroom.
He was freed on $45,000 bond last week after a grand jury indicted him on both charges in the January 17 death of 21-year-old Baron Pikes.
Pikes was handcuffed when Nugent allegedly shocked him nine times with a 50,000-volt Taser while arresting him on a drug possession warrant.
Nugent faces up to 45 years in prison if he is convicted on both charges. He was fired but is appealing his dismissal.
A former police officer accused of repeatedly jolting a central Louisiana man with a Taser before he died has pleaded not guilty to manslaughter and malfeasance in office.
Officer Scott Nugent was arraigned Thursday in a Winn Parish courtroom.
He was freed on $45,000 bond last week after a grand jury indicted him on both charges in the January 17 death of 21-year-old Baron Pikes.
Pikes was handcuffed when Nugent allegedly shocked him nine times with a 50,000-volt Taser while arresting him on a drug possession warrant.
Nugent faces up to 45 years in prison if he is convicted on both charges. He was fired but is appealing his dismissal.
Thursday, August 14, 2008
Officer Indicted in Taser death
WINNFIELD, La.
A former police officer accused of repeatedly jolting a handcuffed man with a Taser before he died has been indicted on a manslaughter charge.
A spokesman for the Winn Parish district attorney's office says grand jurors also indicted former Winnfield police officer Scott Nugent on a charge of malfeasance in office.
Grand jurors spent two days hearing evidence in the death of 21-year-old Baron Pikes before they handed up the indictments Wednesday evening.
Pikes was shocked nine times with a 50,000-volt Taser as he was arrested on a drug possession warrant in January in central Louisiana.
Nugent was fired but is appealing. Nugent's lawyer says his client followed department protocol and didn't use excessive force.
A former police officer accused of repeatedly jolting a handcuffed man with a Taser before he died has been indicted on a manslaughter charge.
A spokesman for the Winn Parish district attorney's office says grand jurors also indicted former Winnfield police officer Scott Nugent on a charge of malfeasance in office.
Grand jurors spent two days hearing evidence in the death of 21-year-old Baron Pikes before they handed up the indictments Wednesday evening.
Pikes was shocked nine times with a 50,000-volt Taser as he was arrested on a drug possession warrant in January in central Louisiana.
Nugent was fired but is appealing. Nugent's lawyer says his client followed department protocol and didn't use excessive force.
Thursday, July 17, 2008
Officer Tommy Sanders III Charged with Manslaughter
A Baltimore grand jury indicted a city police officer yesterday on charges of voluntary and involuntary manslaughter in the fatal shooting of an unarmed man he was questioning in Northeast Baltimore in January, according to the state's attorney's office.
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
Friday, April 25, 2008
Three New York Detectives Get Away With Murder
Sean Bell was killed just before dawn on his wedding day, November 25, 2006 by three detectives who fired over 50 rounds into his body. He and several friends were at an all-night bachelor party at the Kalua Club in Queens, a strip club that was under investigation by a NYPD undercover unit looking into complaints of guns, drugs, and prostitution.
Witnesses said around closing time, Bell and his friends left the club, and argument broke out. Believing that one of Bell’s friends, Joseph Guzman, was going to get a gun from Bell’s car, an undercover detective who was inside, followed the men and called for backup.
Bell, Guzman and Trent Benefield got into the car, with Bell at the wheel. The detectives drew their weapons, said Guzman and Benefield, who testified that they never heard the plainclothes detectives identify themselves as police.
Not knowing that the men were officers, Bell panicked to get away from the armed men, his friends testified. But the detectives thought Bell was trying to run down one of them, believed that their lives were in danger and started shooting, according to their lawyers. Not one shot to stop them, but over 50 bullets were fired by the NYPD officers.
After the verdict was read Nicole Paultre Bell bolted from the courtroom as a Judge acquitted the three New York City Detectives of all charges in the shooting death of her finance.
"I've got to get out of here," Paultre Bell said.
Justice Arthur Cooperman was announcing the verdict clearing Detectives Michael Oliver and Gescard Isnora of manslaughter, assault and reckless endangerment in the death of Sean Bell.
Detective Marc Cooper was cleared of reckless endangerment.
"What we saw in court today was not a miscarriage of justice," the Rev. Al Sharpton said on his radio program. "Justice didn't miscarry," he said. "This was an abortion of justice. Justice was aborted."
Sharpton, who has been advising Bell's family, had called for calm Wednesday.
The three officers made brief statements more than four hours after the verdict.
"I want to say sorry to Bell family for the tragedy," Cooper said.
Isnora thanked the judge "for his fair and accurate decision today."
Oliver praised Cooperman "for a fair and just decision."
That's not how one community leader viewed it.
"This case was not about justice," declared Leroy Gadsden, chair of the police/community relations committee of the Jamaica Branch NAACP. "This case was about the police having a right to be above the law. If the law was in effect here, if the judge had followed the law truly, these officers would have been found guilty.
"This court, unfortunately, is bankrupt when it comes to justice for people of color."
Many people outside the courthouse saw it differently.
"You can't be proud of wearing that hat. You can't be proud of wearing that badge," a black woman shouted at a black police officer. "You must stop working for the masters! Stand down! Stop working for the masters!"
"Fifty shots is murder. I don't care what you say. That's what it is," another woman said.
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I have to agree 50 shots at anyone is murder.
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