The purported details of Darren Rainey’s last hour are difficult to read.
“I can’t take it no more, I’m sorry. I won’t do it again,’’ he screamed over and over, according to a grievance complaint from a fellow inmate, as Rainey was allegedly locked in a shower with the scalding water turned on full blast.
A 50-year-old mentally ill inmate at the Dade Correctional Institution, Rainey was pulled into the locked shower by prison guards as punishment after defecating in his cell and refusing to clean it up, said the fellow inmate, who worked as an orderly. He was left there unattended for more than an hour as the narrow chamber filled with steam and water.
When guards finally checked on prisoner 060954, he was on his back and dead. His skin was so burned that it had shriveled from his body, a condition referred to as slippage, according to a medical document involving the death.
But nearly two years after Rainey’s death on June 23, 2012, the Miami-Dade medical examiner has yet to complete an autopsy and Miami-Dade police have not charged anyone. The Florida Department of Corrections halted its probe into the matter, saying it could be restarted if the autopsy and police investigation unearth new information.
“They told people that he had a heart attack,’’ said a source close to the prison system with knowledge of the case.
The shower treatment was only one form of punishment inflicted by the prison’s guards to keep mentally ill patients in line, according to the inmate/orderly and two other sources privy to the goings-on at the state prison.
The inmate/orderly, a convicted burglar named Harold Hempstead serving a decades-long sentence, filed repeated formal complaints, beginning in January 2013, with the DOC inspector general, alleging that prison guards subjected inmates — housed in the mental health unit — to extreme physical abuse and withheld food from some who became unruly. The complaints were sent back, most with a short, type-written note saying the appeal was being returned “without action” or had already been addressed.
In September, another inmate was found dead inside his cell. Richard Mair, 40, hanged himself from an air conditioning vent.
According to the police report, Mair left a suicide note in his boxer shorts claiming he and other prisoners were sexually and physically abused on a routine basis by guards.
DOC officials declined to be interviewed for this story. A spokeswoman said Friday that the agency would provide public records in response to the newspaper’s formal written requests, but no comments.
Over the past several weeks, the newspaper has requested maintenance records, grievance logs, prison death records, guards’ disciplinary records and emails by administrators, including DCI Warden Jerry Cummings.
As of Friday, the agency had released a handful of documents: a single report about a prison guard admonished for falling asleep on duty last year; brief, coded disciplinary records for Hempstead, Rainey and several other inmates who Hempstead says were also subjected to searing hot showers as punishment; and a heavily redacted copy of the DOC inspector general’s report on Rainey’s death.
On Friday, the Herald learned from three independent sources that Cummings and four of his top aides had been temporarily relieved of duty last week.
It’s not clear why Cummings and other administrators were suspended, or for how long.
The DOC did not respond to an email query about the suspensions late Friday.
Rainey’s family, meanwhile, finds the silence surrounding his death disturbing.
“Two years is a very long time to wait to find out why your brother was found dead in a shower,’’ said Rainey’s brother, Andre Chapman.
Rainey, who was serving a two-year sentence for possession of cocaine, was scheduled to be released in July.
Numerous complaints
Between January and February 2013, Hempstead filed numerous grievances and complaints with DOC officials about Rainey’s death, all alleging that the circumstances were being covered up.
His reports, replete with the names of other inmate witnesses and prison guards on duty that evening, describe what he and others purportedly saw and heard that night. The details in his complaints match the wording in the inspector general’s report — at least the parts not redacted.
The inspector general’s report said that the video camera in the shower area showed DOC officer Roland Clarke place Rainey in the shower at 7:38 p.m.
Hempstead said the shower had sufficient room for an inmate to avoid a direct hit from the spray, but that the extreme heat would eventually make the air unbreathable as the scalding water lapped at inmates’ feet.
Hempstead wrote that he and other inmates, whose cells are directly below the shower, began hearing Rainey’s screams about 8:55 p.m. It went on for about 30 minutes before it sounded like he fell to the shower floor, he said in his complaint.
The DOC inspector general’s report said Clarke found Rainey dead at 9:30 p.m. and called for medical assistance.
“I then seen [sic] his burnt dead body naked body go about two feet from my cell door on a stretcher,’’ Hempstead wrote.
Miami-Dade homicide investigators were called to the prison.
But another inmate, a convicted murderer named Mark Joiner, wrote in a letter to the inspector general that he was ordered to “clean up the crime scene’’ prior to the area being secured.
Early in the week after the incident, maintenance workers at the prison disabled the plumbing that fed the shower, Hempstead told the Herald in an interview at the prison.
Despite all his written complaints, Hempstead was never interviewed by anyone from the prison system, he said. Another inmate was spoken to, according to the report. That’s presumably Joiner, although the DOC will not divulge the name. The Herald is waiting for a transcript of that interview, which DOC officials said would be redacted of any information pertaining to an open criminal investigation.
As for the video camera in the shower area, the inspector general’s report noted that it malfunctioned right after Clarke put Rainey in the shower. As a result, the disc that may have recorded what happened was “damaged,’’ the report said.
The redacted report doesn’t say how Rainey’s body was found, whether the water was on or off when he was found or whether state investigators ever questioned any of the guards or nurses in the unit at the time of Rainey’s death.
The union that represents the prison guards was not aware of the incident as of this past week. No record was provided to the Herald to indicate that anyone has been held accountable for what happened.
A suicide note
Mair was found hanging in his cell on Sept. 11, 2013. A braided rope, made from cut sections of bed sheets, was attached to the ceiling air vent and looped around his neck, according to a Miami-Dade police report.
Tucked into a pocket sewed into his boxer shorts was a suicide note in which Mair, serving life for second-degree murder, described a litany of abuses against inmates in the mental health unit.
“Life sucks and then you die, but just before I go, I’m going to expose everyone for who and what they are,’’ he wrote.
“I’m in a mental health facility...I’m supposed to be getting help for my depression, suicidal tendencies and I was sexually assaulted.’’
He then goes on to allege that guards forced inmates in the unit to perform sex acts and threatened them if they filed complaints.
He said guards — identified by name in the note — gambled on duty, sold marijuana and cigarettes, and stole money and property belonging to inmates.
“If they didn’t like you, they put you on a starvation diet,’’ he wrote.
He also alleged that guards encouraged racial hatred by forcing white and black inmates to fight each other in the yard, claiming that the guards would place bets on who would win.
Mair’s next of kin was in prison in Maine and unavailable for comment.
There’s no evidence that the state inspector general’s probe into Mair’s death addressed any of the allegations in the suicide note.
The probe concluded that guards had been negligent in failing to adequately check on Mair the evening he killed himself.
Les Cantrell, state coordinator for Teamsters Local 2011 — the union representing the state’s 17,000 corrections and probation officers — said there has been a spike in prison complaints across the state. Employee turnover is staggering, he said, particularly among prison guards who are often forced to work long hours to compensate for officers they have lost and failed to replace.
“In general, we have a difficult time retaining good officers,’’ Cantrell said. “Assaults on officers have risen and inmates know they are short-staffed.
“It makes it unsafe for the officers and for the inmates,’’ he said.
The six-page inspector general’s investigation into Rainey’s death was completed in October 2012. DOC Inspector General Jeffrey Beasley closed the case, concluding there was not enough information to issue any finding.
“...the exact cause of death has not been determined by the Medical Examiner. Upon receipt of the autopsy report, it will be included in the investigative file,’’ the report said, noting that if “administrative matters” subsequently arise as a result of the autopsy, they will be addressed at a future time.
The report, which includes brief written statements by Clarke as well as other guards and nurses, has large passages that have been redacted — obscured with a black marker.
The Department of Corrections has not responded to requests from the Herald to provide the legal justification for each redaction, as required under the state’s public records law.
After Hempstead was interviewed at the prison by a Herald journalist on April 14, Miami-Dade homicide investigators also paid him a visit to interview him about the two-year-old case, he wrote in a letter emailed to Gov. Rick Scott last week through a family member.
According to the letter, three corrections officers, including a sergeant, responded to the visits by threatening to set him up with false disciplinary reports and to place him in solitary confinement if he didn’t stop talking to the media and police.
He said he feared for his safety and wanted to be relocated to a different prison.
Last week, the Herald sought clearance to speak with Hempstead in the prison a second time after receiving a letter from him authorizing the return visit.
Jessica Carey, spokeswoman for the state Department of Corrections, responded that Hempstead “had a custody classification which prohibits interviews at this time.’’
When pressed further about whether he was being punished, Carey said she had made “a mistake’’ and directed a Herald reporter to fill out a visitation form.
Neither Miami-Dade police nor the Miami-Dade medical examiner responded to requests for information about the Rainey case. Each say his death is still an open investigation, but did not address why it has taken almost two years.
Showing posts with label police brutality. Show all posts
Showing posts with label police brutality. Show all posts
Sunday, May 18, 2014
Monday, April 28, 2014
Officer Frank Phillips Charged with Police Brutality
Frank Phillips, a Knox County Sheriff’s officer, was fired Sunday night after a series of pictures taken by photographer John Messner were published in the Daily Mail in Britain. They showed an officer identified by the Sheriff’s Office as Phillips grabbing 21-year-old college student Jarod Dotson around the neck and squeezing him until he fell to his knees.
An officer identified by the Sheriff’s office as Frank Phillips is seen choking college student Jarod Dotson while he was being arrested for public intoxication and resisting arrest.
WBIR reports that law enforcement responded to a “disturbance” near the University of Tennessee where a house party with about 800 people had reportedly become unruly and spilled out into the street.
According to a police report, Dotson ignored repeated instructions to go inside, the Knoxville News Sentinel reported. Deputy Brandon Gilliam wrote in the official report that Dotson “began to physically resist officers’ instructions to place his hands behind his back, and at one point grabbed on to an officer’s leg.”
Messner, a freelance photographer who documented the incident, told The Washington Post that Dotson showed no signs of resisting arrest.
Messner’s still pictures, arranged by The Post in the GIF show two officers cuffing Dotson’s hands behind his back when Phillips came over and choked Dotson until he collapsed to his knees. Messner said that as Dotson was being pulled up he was smacked in the back of the head, “a snap-out-of-it kinda smack under the circumstances.”
Jarod Dotson was charged with public intoxication and resisting arrest. He was released from jail on a $500 bond Sunday morning.
In a press release on Sunday night, Sheriff Jimmy “J.J.” Jones said:
“In my 34 years of law enforcement experience, excessive force has never been tolerated. After an investigation by the Office of Professional Standards, I believe excessive force was used in this incident. The investigation will now be turned over to the Knox County Attorney General’s Office to determine any further action.”
Sunday, April 18, 2010
Incidents caught on camera increase department scrutiny of officers
Minutes after a suburban Chicago police officer was charged with striking a motorist with his baton, prosecutors handed out copies of a video showing the beating - taken by a dashboard camera on the officer's own squad car.
In California, after a transit cop and an unruly train passenger slammed against a wall during a struggle and shattered a station window last fall, video from a bystander's cell phone was all over the Internet before the window was fixed.
The same cell phones, surveillance cameras and other video equipment often used to assist police are also catching officers on tape, changing the nature of police work - for better and worse.
Some say cameras are exposing behavior that police have gotten away with for years. But others contend the videos, which often show a snippet of an incident, turn officers into villains simply for doing their jobs, making them targets of lawsuits and discipline from bosses buckling to public pressure.
"We tell our officers all the time you've got to assume that everything you do is going to be videotaped," said Chicago Police Superintendent Jody Weis. "Everyone has a cell phone and almost every cell phone has a camera."
Cook County State's Attorney Anita Alvarez said the video her office gave to the media on Tuesday shows police officer James Mandarino, from the Chicago suburb of Streamwood, hitting motorist Ronald Bell 15 times after a traffic stop last month.
In the video, Mandarino is seen firing a Taser at a passenger in the car and then striking Bell, who is on his knees with his hands on his head. Bell suffered a concussion and cuts that required seven stitches.
"It's a wonderful tool," Alvarez said of the video, which she says suggests that both men posed no threat to the officer.
Though police-behaving-badly videos have become popular staples of cable news shows and the Internet, Weis said he doesn't believe his officers are overly cautious out of fears they'll be videotaped - and their superiors are not advising them to be.
Quietly, though, some officers say the prospect of being videotaped makes them hesitate even if they know they should act.
"I've heard from officers who are sent to break up a fight in the street and see a group of people leaning out windows with handheld video cameras ... they go slower and are less aggressive," said Tom Needham, a Chicago attorney who has represented several police officers.
But University of Chicago law professor Craig Futterman, who has studied police brutality, said videos are helping hold police accountable.
"My own view is that YouTube has done more to expose the reality of police abuse than all the blue-ribbon commissions combined," said Futterman.
A Chicago police officer who was arrested three years ago in the videotaped beating of a female bartender never would have been charged much less convicted if not for the video, Futterman said. Anthony Abbate initially was charged with a misdemeanor until the video played across the world.
Ronald Bell's brother, Stacey Bell, said he doubts the Streamwood officer would have been charged with felony aggravated battery and official misconduct without the video and his brother still would have faced charges of drunken driving and resisting an officer, which were dropped.
"I believe it would have been six witnesses against an officer and it would have been a different story," said Stacey Bell, who witnessed the alleged beating. The officer's attorney declined to comment.
But some caution that incidents caught on tape can misrepresent police work.
"The work of a police officer, even when done properly is ... not pleasant to watch," said Al O'Leary, spokesman for the Patrolmen's Benevolent Association in New York City. "We've had situations, circumstances where an officer doing his job by the book is caught on video is tagged as brutal. Sometimes the work is brutal but necessary."
In California when the Bay Area Rapid Transit officer slammed into a window with a suspect during a violent arrest, the cell phone video - viewed more than 160,000 times on one clip posted on YouTube - ended up exonerating the officer whose actions brought claims of excessive force, a union official said.
"It wasn't the suspect's head that caused the glass to break," said Jesse Sekhon, BART police officers union president. "When you freeze the video and enhance it you see it was the suspect punching it with his hand."
What's more, video viewers rarely hear the frantic 911 call for help, rocks hurled at an approaching squad car or the countless times police have been called to the same house.
In New York City in 2008, a man died after falling from a building ledge when police jolted him with a Taser. Video of the last few moments, including Iman Morales' fall, was posted on newspaper Web sites and played over and over again on local TV.
But before the cameras were running, "this guy was stark naked, running up and down the fire escape, he tried to get into a woman's apartment by tearing out the air conditioner, terrifying the woman," and swung a fluorescent light bulb at police before Lt. Michael Pigott ordered him shot him with the stun gun, said Tom Sullivan, president of the NYPD's Lieutenants Benevolent Association.
Eight days later, Pigott - stripped of his gun and badge and demoted - committed suicide, leaving a note saying he was trying to protect his men. His widow, who is suing the police department, said the discipline humiliated her husband. The department declined to comment.
There is little chance that the videotaped scrutiny of police will slow. In fact, groups with video cameras follow police in cities all over the country, including Orlando, Fla., where George Crossley launched Orlando CopWatch in 2006.
"If we come up on law enforcement, the whole shift knows immediately," said Crossley. "They get on the radio (and say) 'Watch out for CopWatch.'"
In California, after a transit cop and an unruly train passenger slammed against a wall during a struggle and shattered a station window last fall, video from a bystander's cell phone was all over the Internet before the window was fixed.
The same cell phones, surveillance cameras and other video equipment often used to assist police are also catching officers on tape, changing the nature of police work - for better and worse.
Some say cameras are exposing behavior that police have gotten away with for years. But others contend the videos, which often show a snippet of an incident, turn officers into villains simply for doing their jobs, making them targets of lawsuits and discipline from bosses buckling to public pressure.
"We tell our officers all the time you've got to assume that everything you do is going to be videotaped," said Chicago Police Superintendent Jody Weis. "Everyone has a cell phone and almost every cell phone has a camera."
Cook County State's Attorney Anita Alvarez said the video her office gave to the media on Tuesday shows police officer James Mandarino, from the Chicago suburb of Streamwood, hitting motorist Ronald Bell 15 times after a traffic stop last month.
In the video, Mandarino is seen firing a Taser at a passenger in the car and then striking Bell, who is on his knees with his hands on his head. Bell suffered a concussion and cuts that required seven stitches.
"It's a wonderful tool," Alvarez said of the video, which she says suggests that both men posed no threat to the officer.
Though police-behaving-badly videos have become popular staples of cable news shows and the Internet, Weis said he doesn't believe his officers are overly cautious out of fears they'll be videotaped - and their superiors are not advising them to be.
Quietly, though, some officers say the prospect of being videotaped makes them hesitate even if they know they should act.
"I've heard from officers who are sent to break up a fight in the street and see a group of people leaning out windows with handheld video cameras ... they go slower and are less aggressive," said Tom Needham, a Chicago attorney who has represented several police officers.
But University of Chicago law professor Craig Futterman, who has studied police brutality, said videos are helping hold police accountable.
"My own view is that YouTube has done more to expose the reality of police abuse than all the blue-ribbon commissions combined," said Futterman.
A Chicago police officer who was arrested three years ago in the videotaped beating of a female bartender never would have been charged much less convicted if not for the video, Futterman said. Anthony Abbate initially was charged with a misdemeanor until the video played across the world.
Ronald Bell's brother, Stacey Bell, said he doubts the Streamwood officer would have been charged with felony aggravated battery and official misconduct without the video and his brother still would have faced charges of drunken driving and resisting an officer, which were dropped.
"I believe it would have been six witnesses against an officer and it would have been a different story," said Stacey Bell, who witnessed the alleged beating. The officer's attorney declined to comment.
But some caution that incidents caught on tape can misrepresent police work.
"The work of a police officer, even when done properly is ... not pleasant to watch," said Al O'Leary, spokesman for the Patrolmen's Benevolent Association in New York City. "We've had situations, circumstances where an officer doing his job by the book is caught on video is tagged as brutal. Sometimes the work is brutal but necessary."
In California when the Bay Area Rapid Transit officer slammed into a window with a suspect during a violent arrest, the cell phone video - viewed more than 160,000 times on one clip posted on YouTube - ended up exonerating the officer whose actions brought claims of excessive force, a union official said.
"It wasn't the suspect's head that caused the glass to break," said Jesse Sekhon, BART police officers union president. "When you freeze the video and enhance it you see it was the suspect punching it with his hand."
What's more, video viewers rarely hear the frantic 911 call for help, rocks hurled at an approaching squad car or the countless times police have been called to the same house.
In New York City in 2008, a man died after falling from a building ledge when police jolted him with a Taser. Video of the last few moments, including Iman Morales' fall, was posted on newspaper Web sites and played over and over again on local TV.
But before the cameras were running, "this guy was stark naked, running up and down the fire escape, he tried to get into a woman's apartment by tearing out the air conditioner, terrifying the woman," and swung a fluorescent light bulb at police before Lt. Michael Pigott ordered him shot him with the stun gun, said Tom Sullivan, president of the NYPD's Lieutenants Benevolent Association.
Eight days later, Pigott - stripped of his gun and badge and demoted - committed suicide, leaving a note saying he was trying to protect his men. His widow, who is suing the police department, said the discipline humiliated her husband. The department declined to comment.
There is little chance that the videotaped scrutiny of police will slow. In fact, groups with video cameras follow police in cities all over the country, including Orlando, Fla., where George Crossley launched Orlando CopWatch in 2006.
"If we come up on law enforcement, the whole shift knows immediately," said Crossley. "They get on the radio (and say) 'Watch out for CopWatch.'"
Thursday, April 15, 2010
Two More Officers Suspended Over Beating
Prince George's County police said Thursday that they have suspended two more officers in connection with an incident last month in which officers in riot gear beat an unarmed University of Maryland student who had taken to the streets with hundreds of others to celebrate a victory by the men's basketball team over Duke University.
With those suspensions, a total of four county officers have been relieved of their police powers in connection with the attack of John J. McKenna, 21. The March 3 beating was captured on video by another student and has been aired all across the world since McKenna's attorney released it on Monday.
The video shows McKenna skipping on a sidewalk before stopping before a phalanx of officers on horseback. As McKenna backs up, two county officers in riot gear rush him and knock him against a wall; at least one of them hits McKenna repeatedly with a police baton. As McKenna crumples to the ground, the video shows, a third officer rushes in and strikes him repeatedly with his baton.
McKenna suffered a concussion and other injuries, his attorney said.
The FBI, the state's attorney's office and police internal affairs detectives are all investigating the incident.
In addition to the beating, they are focusing on official charging documents filed by Officer Sean McAleavey against McKenna and another student.
The charging documents allege that McKenna and Benjamin C. Donat, 19, assaulted officers on horseback and their mounts, and were injured by horses. Prosecutors dropped charges against McKenna and Donat before the video surfaced.
McAleavey is the only suspended officer who has been publicly identified by officials.
In another development, Maj. Daniel A. Dusseau, commander of the 1st District and the official who was in charge of the police response the night of the beating, is retiring, officials said.
Dusseau, a 21-year veteran, has taken a job in the private sector and will retire at the end of the month, said Maj. Andy Ellis, a police spokesman. Ellis said the retirement is unrelated to the controversy over the College Park incident.
Said Dusseau: "My retirement and movement to another job is something I've been working on since I was eligible to retire and has nothing to do with the incidents going on in College Park," he said.
With those suspensions, a total of four county officers have been relieved of their police powers in connection with the attack of John J. McKenna, 21. The March 3 beating was captured on video by another student and has been aired all across the world since McKenna's attorney released it on Monday.
The video shows McKenna skipping on a sidewalk before stopping before a phalanx of officers on horseback. As McKenna backs up, two county officers in riot gear rush him and knock him against a wall; at least one of them hits McKenna repeatedly with a police baton. As McKenna crumples to the ground, the video shows, a third officer rushes in and strikes him repeatedly with his baton.
McKenna suffered a concussion and other injuries, his attorney said.
The FBI, the state's attorney's office and police internal affairs detectives are all investigating the incident.
In addition to the beating, they are focusing on official charging documents filed by Officer Sean McAleavey against McKenna and another student.
The charging documents allege that McKenna and Benjamin C. Donat, 19, assaulted officers on horseback and their mounts, and were injured by horses. Prosecutors dropped charges against McKenna and Donat before the video surfaced.
McAleavey is the only suspended officer who has been publicly identified by officials.
In another development, Maj. Daniel A. Dusseau, commander of the 1st District and the official who was in charge of the police response the night of the beating, is retiring, officials said.
Dusseau, a 21-year veteran, has taken a job in the private sector and will retire at the end of the month, said Maj. Andy Ellis, a police spokesman. Ellis said the retirement is unrelated to the controversy over the College Park incident.
Said Dusseau: "My retirement and movement to another job is something I've been working on since I was eligible to retire and has nothing to do with the incidents going on in College Park," he said.
Monday, March 08, 2010
Sgt. David Romeo Found Guilty of Kicking Two Handcuffed Suspects
A southern New Jersey jury has found a Wildwood police officer guilty of kicking two handcuffed suspects.
Sgt. David Romeo was charged with official misconduct. The 39-year-old officer will remain free on bail until sentencing on April 16.
Prosecutors say Romeo kicked two handcuffed car burglary suspects in the head as they lay on the ground in a North Wildwood parking lot in July 2007.
The crime carries a maximum sentence of 10 years in prison.
Romeo and defense attorney John Tumelty left the courtroom after the verdict today without commenting.
Sgt. David Romeo was charged with official misconduct. The 39-year-old officer will remain free on bail until sentencing on April 16.
Prosecutors say Romeo kicked two handcuffed car burglary suspects in the head as they lay on the ground in a North Wildwood parking lot in July 2007.
The crime carries a maximum sentence of 10 years in prison.
Romeo and defense attorney John Tumelty left the courtroom after the verdict today without commenting.
Wednesday, February 17, 2010
Officer Nick McKinley Faces Suspension for Hitting Fleeing Suspect with Patrol Car
A city police officer faces a 30-day suspension after he allegedly hit a fleeing suspect with his patrol car.
Patrolman Nick McKinley is accused of running his car into 54-year-old Donnie Neely of South Bend just after 1 a.m. Nov. 5 after Neely allegedly dragged a different officer with his car and then tried to flee on foot.
Those allegations were presented to the Board of Public Safety today in a letter written by Police Chief Darryl Boykins.
In the letter, Boykins stated that McKinley was backing up Patrolman Kyle Dombrowski as he was conducting a vehicle stop.
But Dombrowski’s arm and shoulder were injured in the incident, after Neely sped off, dragging him down the street and around the corner until he fell free from the car.
Then, "McKinley got into his police mechanical and started pursuing the suspect vehicle," Boykins stated. "The suspect stopped his vehicle and fled on foot. Patrolman McKinley struck the suspect, who was fleeing on foot, with his patrol car."
That story is different than the initial reports of the incident told to The Tribune the day of the incident.
According to a Nov. 6, 2009, crime brief, police initially reported that Neely tripped getting out of his car and fell on the ground, breaking his knee cap in the process and also cutting himself, later requiring four stitches.
Capt. Phil Trent, reading the report today, said there was no mention of Neely being struck by the police car in the report, but it did say he fractured a knee cap and required four stitches.
Trent said that a later internal investigation into the incident led police to discover that Neely had actually been struck by the bumper of a patrol car.
Dombrowski, the officer dragged by the car, suffered only minor injuries.
Boykins’ told the board that McKinley’s actions violated four different sections of the department’s duty manual, including improper use of a police car and unnecessary force.
The chief recommended that McKinley be suspended for 30 days without pay.
McKinley can request a hearing to dispute the charges, and no final decision about the suspension has been made by the board.
According to Tribune archives, McKinley is a 2008 graduate of the Indiana Law Enforcement Academy.
Patrolman Nick McKinley is accused of running his car into 54-year-old Donnie Neely of South Bend just after 1 a.m. Nov. 5 after Neely allegedly dragged a different officer with his car and then tried to flee on foot.
Those allegations were presented to the Board of Public Safety today in a letter written by Police Chief Darryl Boykins.
In the letter, Boykins stated that McKinley was backing up Patrolman Kyle Dombrowski as he was conducting a vehicle stop.
But Dombrowski’s arm and shoulder were injured in the incident, after Neely sped off, dragging him down the street and around the corner until he fell free from the car.
Then, "McKinley got into his police mechanical and started pursuing the suspect vehicle," Boykins stated. "The suspect stopped his vehicle and fled on foot. Patrolman McKinley struck the suspect, who was fleeing on foot, with his patrol car."
That story is different than the initial reports of the incident told to The Tribune the day of the incident.
According to a Nov. 6, 2009, crime brief, police initially reported that Neely tripped getting out of his car and fell on the ground, breaking his knee cap in the process and also cutting himself, later requiring four stitches.
Capt. Phil Trent, reading the report today, said there was no mention of Neely being struck by the police car in the report, but it did say he fractured a knee cap and required four stitches.
Trent said that a later internal investigation into the incident led police to discover that Neely had actually been struck by the bumper of a patrol car.
Dombrowski, the officer dragged by the car, suffered only minor injuries.
Boykins’ told the board that McKinley’s actions violated four different sections of the department’s duty manual, including improper use of a police car and unnecessary force.
The chief recommended that McKinley be suspended for 30 days without pay.
McKinley can request a hearing to dispute the charges, and no final decision about the suspension has been made by the board.
According to Tribune archives, McKinley is a 2008 graduate of the Indiana Law Enforcement Academy.
Monday, February 15, 2010
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.
-----------------
You Tube Video
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.
-----------------
You Tube Video
Friday, February 12, 2010
Police Brutality Book Written About New Orleans
With its French, Spanish and Creole influences, New Orleans has the oldest black urban community of any city in the country. It also has a shocking history of police brutality that is told in “Black Rage in New Orleans: Police Brutality and African American Activism from World War II to Hurricane Katrina,” a new book by Dr. Leonard N. Moore, associate professor of history and assistant vice president for the Division of Diversity and Community Engagement.
Moore’s book, which will be released by LSU Press in April, recounts the history of police brutality in the Crescent City along with the energetic opposition waged by blacks.
Although incidents of police brutality were recorded more than 50 years before WWII, Moore chose to begin his study with the war because it was a time when many African Americans moved to the city to get jobs.
Drawing on police records, records from civil rights organizations, oral histories and newspaper accounts, Moore details the problems with an underpaid, understaffed, undereducated police force that had an unwritten mandate to “keep black folks in line.”
In the early 1950s, New Orleans began hiring more African American policemen. However, Moore said these men weren’t allowed to wear uniforms or arrest white people. If an incident arose, they would have to borrow a phone and telephone a white officer to come and deal with whatever situation was at hand.
By the 1970s enough black officers had been hired that the Black Organization of Police in New Orleans was formed to begin addressing the aggressive policing tactics and to make sure black officers were treated fairly.
Dr. Leonard N. Moore“There was little the organization could do,” Moore said. “If officers in the organization were perceived as being radical, their career would stall.” He explained that corruption was woven into the culture from the top ranks.
Often black officers have been involved in the corruption and have brutalized black residents of New Orleans. “In many ways it was easier for them — they couldn’t be accused of racism,” Moore said.
Through the years, the black newspaper, The Louisiana Weekly, steadfastly reported incidents of brutality. The Times Picayune did not report a single incident of brutality until the 1970s, according to Moore.
What amazed Moore was the number of ordinary citizens who have protested and voiced their outrage throughout the years. From 1945-2000 he estimates that more than 30 organizations were established to deal with police brutality. Citizen groups such as the Police Brutality Committee, Committee for Accountable Police, the Liberation League and Community Action Now mobilized and managed to hold police anti-brutality meetings where 4,000 or more people would show up.
Corruption and brutality continued unabated until the late-1980s to mid-1990s. In 1994, Washington, D.C., Assistant Chief of Police Richard Pennington was hired to head up the New Orleans Police Department, and he began a series of reforms including community policing practices, increased training, better pay, as well as other reforms. During his tenure more than 350 police officers were indicted, fired or disciplined for misconduct. He left for Atlanta in 2002 after running for mayor and losing to Ray Nagin.
The effects of Pennington’s reform effort were not lasting, however, as Moore discusses in the book’s epilogue, Policing Katrina.
“Although the majority of the police officers served heroically during Katrina and its aftermath, there was thuggery as well,” Moore said. The incidents post-Katrina would include several high-profile incidents such as the Danziger Bridge incident in which two civilians were shot and four more injured.
Even in the past year, the Louisiana Weekly and the Times Picayune reported a coalition of community leaders, civil rights activists and ministers gathered to demand justice and answers after a fatal shooting involving plain-clothes police officers that left a 22-year-old New Orleans man dead, shot 12 times.
Moore’s goal for the book: “I’m hoping that when people pick up the book, they will see how brutality has been persistent. It is an everyday fact of life for many American people.”
Moore’s book, which will be released by LSU Press in April, recounts the history of police brutality in the Crescent City along with the energetic opposition waged by blacks.
Although incidents of police brutality were recorded more than 50 years before WWII, Moore chose to begin his study with the war because it was a time when many African Americans moved to the city to get jobs.
Drawing on police records, records from civil rights organizations, oral histories and newspaper accounts, Moore details the problems with an underpaid, understaffed, undereducated police force that had an unwritten mandate to “keep black folks in line.”
In the early 1950s, New Orleans began hiring more African American policemen. However, Moore said these men weren’t allowed to wear uniforms or arrest white people. If an incident arose, they would have to borrow a phone and telephone a white officer to come and deal with whatever situation was at hand.
By the 1970s enough black officers had been hired that the Black Organization of Police in New Orleans was formed to begin addressing the aggressive policing tactics and to make sure black officers were treated fairly.
Dr. Leonard N. Moore“There was little the organization could do,” Moore said. “If officers in the organization were perceived as being radical, their career would stall.” He explained that corruption was woven into the culture from the top ranks.
Often black officers have been involved in the corruption and have brutalized black residents of New Orleans. “In many ways it was easier for them — they couldn’t be accused of racism,” Moore said.
Through the years, the black newspaper, The Louisiana Weekly, steadfastly reported incidents of brutality. The Times Picayune did not report a single incident of brutality until the 1970s, according to Moore.
What amazed Moore was the number of ordinary citizens who have protested and voiced their outrage throughout the years. From 1945-2000 he estimates that more than 30 organizations were established to deal with police brutality. Citizen groups such as the Police Brutality Committee, Committee for Accountable Police, the Liberation League and Community Action Now mobilized and managed to hold police anti-brutality meetings where 4,000 or more people would show up.
Corruption and brutality continued unabated until the late-1980s to mid-1990s. In 1994, Washington, D.C., Assistant Chief of Police Richard Pennington was hired to head up the New Orleans Police Department, and he began a series of reforms including community policing practices, increased training, better pay, as well as other reforms. During his tenure more than 350 police officers were indicted, fired or disciplined for misconduct. He left for Atlanta in 2002 after running for mayor and losing to Ray Nagin.
The effects of Pennington’s reform effort were not lasting, however, as Moore discusses in the book’s epilogue, Policing Katrina.
“Although the majority of the police officers served heroically during Katrina and its aftermath, there was thuggery as well,” Moore said. The incidents post-Katrina would include several high-profile incidents such as the Danziger Bridge incident in which two civilians were shot and four more injured.
Even in the past year, the Louisiana Weekly and the Times Picayune reported a coalition of community leaders, civil rights activists and ministers gathered to demand justice and answers after a fatal shooting involving plain-clothes police officers that left a 22-year-old New Orleans man dead, shot 12 times.
Moore’s goal for the book: “I’m hoping that when people pick up the book, they will see how brutality has been persistent. It is an everyday fact of life for many American people.”
Friday, January 29, 2010
Anthony Daly's Leg Severely Broken During Arrest
A Boston tourist says in an exclusive NY1 report that he is scarred for life after a New York City police officer allegedly brutalized him during an arrest last month. NY1's Jeanine Ramirez filed the following report.
When Anthony Daly of Boston visited the city last month, he walked around normally. But his leg was broken in three places on December 27, the night he was taken into police custody at a Midtown hotel, and now doctors now say Daly may never walk the same way again.
A security video from the Hotel Chandler shows one of the arresting officers kick Daly twice in the back of the leg while he was handcuffed, which sending him screaming to the hallway floor.
"Scared [expletive deleted]. Thought I was going to die," said Daly. "He broke my ankle first. And I said, 'If my ankle broke,' and he said, 'I'm not finished.' And he put his foot again and he broke the back of my leg."
In the video, Daly appears to be walking fine between two officers as they remove him from the hotel room until he gets kicked and kicked again. He never gets back up until emergency medical technicians arrive and lift him onto a stretcher, and put a splint on his leg, for a trip to St. Vincent's Hospital.
Daly underwent surgery and X-rays show doctors put in a titanium rod and screws.
"When I was in the room, the cop who broke my leg in the hotel was there with me all the time," said Daly.
Daly was charged with disorderly conduct, resisting arrest and harassment. Police told NY1 the arresting officer, Joseph Bonner, was just trying to sweep Daly's feet out from underneath him and that Daly might have already broken his leg trying to keep officers out of the hotel room.
Daly's troubles started at the bar of the Hotel Chandler on the night of December 27. Police say Daly was drunk and abusive and assaulted the bartender, the doorman and two patrons.
Daly admitted he was drinking and getting rowdy, and exchanged some words with Englishmen who were singing English football songs.
"I put my hands on their backs and just said, 'Sing it up boys, sing it up. That's all that's left of your little empire, soccer,'" said Daly.
He said he then went upstairs to join his wife Ellen in their room but soon police come banging.
"I said if you haven't got a [expletive deleted] reason to arrest me, why don't you get the [expletive deleted] out of here because I want to go to bed. He said, 'I'll think of a reason,'" said Daly. "And with that, Ellen got out of the bed and I put my hand up to stop him and say, 'Stay where you are.' And he just pushed the door and pushed me on top of Ellen."
Bonner's incident report says he witnessed domestic violence in the hotel room, a claim Daly's wife Ellen denies.
"He said at that point, 'That's it, he just shoved you. You're under arrest for domestic violence.' And I said, 'What are you talking about? He didn't shove me," said Ellen Daly.
The Dalys say they want the charges dropped and have filed a complaint of excessive force with the New York City Civilian Complaint Review Board.
When Anthony Daly of Boston visited the city last month, he walked around normally. But his leg was broken in three places on December 27, the night he was taken into police custody at a Midtown hotel, and now doctors now say Daly may never walk the same way again.
A security video from the Hotel Chandler shows one of the arresting officers kick Daly twice in the back of the leg while he was handcuffed, which sending him screaming to the hallway floor.
"Scared [expletive deleted]. Thought I was going to die," said Daly. "He broke my ankle first. And I said, 'If my ankle broke,' and he said, 'I'm not finished.' And he put his foot again and he broke the back of my leg."
In the video, Daly appears to be walking fine between two officers as they remove him from the hotel room until he gets kicked and kicked again. He never gets back up until emergency medical technicians arrive and lift him onto a stretcher, and put a splint on his leg, for a trip to St. Vincent's Hospital.
Daly underwent surgery and X-rays show doctors put in a titanium rod and screws.
"When I was in the room, the cop who broke my leg in the hotel was there with me all the time," said Daly.
Daly was charged with disorderly conduct, resisting arrest and harassment. Police told NY1 the arresting officer, Joseph Bonner, was just trying to sweep Daly's feet out from underneath him and that Daly might have already broken his leg trying to keep officers out of the hotel room.
Daly's troubles started at the bar of the Hotel Chandler on the night of December 27. Police say Daly was drunk and abusive and assaulted the bartender, the doorman and two patrons.
Daly admitted he was drinking and getting rowdy, and exchanged some words with Englishmen who were singing English football songs.
"I put my hands on their backs and just said, 'Sing it up boys, sing it up. That's all that's left of your little empire, soccer,'" said Daly.
He said he then went upstairs to join his wife Ellen in their room but soon police come banging.
"I said if you haven't got a [expletive deleted] reason to arrest me, why don't you get the [expletive deleted] out of here because I want to go to bed. He said, 'I'll think of a reason,'" said Daly. "And with that, Ellen got out of the bed and I put my hand up to stop him and say, 'Stay where you are.' And he just pushed the door and pushed me on top of Ellen."
Bonner's incident report says he witnessed domestic violence in the hotel room, a claim Daly's wife Ellen denies.
"He said at that point, 'That's it, he just shoved you. You're under arrest for domestic violence.' And I said, 'What are you talking about? He didn't shove me," said Ellen Daly.
The Dalys say they want the charges dropped and have filed a complaint of excessive force with the New York City Civilian Complaint Review Board.
Police Beating Caught on Video
The lawyer representing a man sentenced for assaulting a police officer is questioning how his client was handled when Winnipeg police officers arrested him.
The parking lot assault in February 2009 was caught on a store surveillance camera on Notre Dame Avenue. At one point it appears Cody Bousquet turns to officers but then is pushed back down. It appears officers strike and knee the man a number of times while he is on the ground.
Officials with the Winnipeg Police Association say the tape does not show everything that happened that night. There was a violent high speed chase where cars were rammed before the arrest in the parking lot of an auto parts store.
"The officers obviously don't have an opportunity to determine if this guy is completely defenceless, or without weapon," said Marc Pellerin with the police association. "So you do the appropriate and safe thing, which is take him down, take him down hard and be done with it."
At one point in the video officers remove an object from the suspect but CTV has not been able to confirm what that object was.
Although Bousquet pleaded guilty to assaulting a police officer and dangerous driving his lawyer Daniel Manning says the tape raises issues in respect to the Crown being able to prove their case beyond a reasonable doubt.
"There would have been credibility issues, one, and perhaps charter arguments down the road, unreasonable, excessive force," Manning said.
The Winnipeg Police Association says it was the officers themselves who realized the incident was caught on tape and obtained a warrant so the video could be turned over to the courts.
The video has impacted the outcome of the case according to the Director of Prosecutions at Manitoba Justice, Don Slough. Slough says normally the Crown asks for 24 to 30 months in this type of case but because of the tape, Bousquet's lawyer and the Crown came to a joint recommendation of 11 months which is essentially 22 months with two for one credit for time served.
Bousquet may consider filing a complaint about the conduct of the officers that night.
The parking lot assault in February 2009 was caught on a store surveillance camera on Notre Dame Avenue. At one point it appears Cody Bousquet turns to officers but then is pushed back down. It appears officers strike and knee the man a number of times while he is on the ground.
Officials with the Winnipeg Police Association say the tape does not show everything that happened that night. There was a violent high speed chase where cars were rammed before the arrest in the parking lot of an auto parts store.
"The officers obviously don't have an opportunity to determine if this guy is completely defenceless, or without weapon," said Marc Pellerin with the police association. "So you do the appropriate and safe thing, which is take him down, take him down hard and be done with it."
At one point in the video officers remove an object from the suspect but CTV has not been able to confirm what that object was.
Although Bousquet pleaded guilty to assaulting a police officer and dangerous driving his lawyer Daniel Manning says the tape raises issues in respect to the Crown being able to prove their case beyond a reasonable doubt.
"There would have been credibility issues, one, and perhaps charter arguments down the road, unreasonable, excessive force," Manning said.
The Winnipeg Police Association says it was the officers themselves who realized the incident was caught on tape and obtained a warrant so the video could be turned over to the courts.
The video has impacted the outcome of the case according to the Director of Prosecutions at Manitoba Justice, Don Slough. Slough says normally the Crown asks for 24 to 30 months in this type of case but because of the tape, Bousquet's lawyer and the Crown came to a joint recommendation of 11 months which is essentially 22 months with two for one credit for time served.
Bousquet may consider filing a complaint about the conduct of the officers that night.
Wednesday, January 27, 2010
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.
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.
Tuesday, January 26, 2010
Vancouver Officer No Longer On Patrol After Arrest
One of two Vancouver police officers being investigated after a controversial arrest last Thursday is no longer on patrol.
He has been assigned to desk duty.
The Office of the Police Complaint Commissioner has been advised of the move.
Police Chief Jim Chu offered a personal apology to 44-year-old Yao Wei Wu after he was roughed up by police who went to the wrong address while investigating a domestic violence complaint.
Wu had to be taken to hospital to have facial injuries treated.
He didn't know the plainclothes officers were police because he doesn't speak English.
He also says he didn't resist them because they had guns.
He has been assigned to desk duty.
The Office of the Police Complaint Commissioner has been advised of the move.
Police Chief Jim Chu offered a personal apology to 44-year-old Yao Wei Wu after he was roughed up by police who went to the wrong address while investigating a domestic violence complaint.
Wu had to be taken to hospital to have facial injuries treated.
He didn't know the plainclothes officers were police because he doesn't speak English.
He also says he didn't resist them because they had guns.
Sgt George Chong Accused of Using Excessive Force
A veteran Victoria police officer has been suspended with pay and is the subject of criminal and Police Act investigations after a man was assaulted in police cells, Chief Jamie Graham announced Monday.
On Jan. 15, a 33-year-old man was arrested for violating court conditions and taken to the cells in the Victoria police headquarters on Caledonia Avenue. The sergeant monitoring the cells — identified as Sgt. George Chong — is accused of using force against the man, although the reasons for doing so were not made clear at a news conference yesterday.
“During the booking-in process, an incident occurred and the prisoner received injuries that required hospital treatment,” Graham said during a news conference.
That has led to an allegation of assault against Chong, who might have violated the department’s use-of-force policy.
Provincial cabinet minister Ida Chong confirmed that her brother is the subject of the complaint.
“It’s very troubling for all of us, for him and his family,” she said in a phone interview Monday. “I can only wish the matter is dealt with quickly.”
This is not the first time Chong, who is in his late 40s, has been investigated by the department.
He pleaded guilty to an off-duty assault that occurred in June 2008, which resulted in a written reprimand from Victoria police. A provincial court judge handed Chong a conditional discharge and nine months’ probation, as well as ordering him to undergo anger-management counselling.
Ida Chong, minister of Healthy Living and Sport, said she does not know whether her brother was attending anger-management classes. She said he has the support of his wife and children, and wants to continue to serve his community as a police officer.
Graham refused to name either the injured man or the officer, but did say the sergeant has 28 years of service with the department. Chong has been with the force for 28 years.
The speed with which the prisoner received medical attention is also under investigation, said Graham, as 30 to 45 minutes passed before he was taken to hospital.
Graham was vague on the details of the incident, saying only that the man received injuries to his face. He said he can’t go into specifics because the matter is being investigated. “I intend to make the findings public when appropriate.”
The sergeant disclosed the incident to his superiors later that day, Graham said, adding that there was enough information to warrant his suspension. The officer is co-operating with the investigation, Graham said.
Members of the Vancouver Police Department, who will lead the criminal investigation, are on their way to Victoria to talk to the officer.
The incident was captured on video cameras in the jail cells. While Graham said he has not watched the recording, it will be examined by the Vancouver officers as part of the investigation.
The Victoria department’s professional standards section will conduct a parallel internal Police Act investigation, which will be monitored by the Office of the Police Complaint Commissioner.
Police Complaint Commissioner spokesman Bruce Brown said the victim has not filed a complaint. The victim has recovered from his injuries and Deputy Chief John Ducker has contacted him and apologized.
“The incident is troubling,” Graham said, but added that it has to be put in the context of the 5,000 to 7,000 inmates a year that are processed in the cells.
As a result of excessive-force allegations in the past, Graham decided that a sergeant should supervise the cells around the clock. Asked if this policy backfired, Graham said it’s too early to tell.
Graham would not say whether the prisoner did anything to provoke the officer, but police spokesman Sgt. Grant Hamilton said the 33-year-old man was sober when arrested. He did not say whether the man was known to police.
Graham could not say how long the investigations will take but added: “This will receive rapid attention. I want the facts quickly so we can make decisions quickly.”
On Jan. 15, a 33-year-old man was arrested for violating court conditions and taken to the cells in the Victoria police headquarters on Caledonia Avenue. The sergeant monitoring the cells — identified as Sgt. George Chong — is accused of using force against the man, although the reasons for doing so were not made clear at a news conference yesterday.
“During the booking-in process, an incident occurred and the prisoner received injuries that required hospital treatment,” Graham said during a news conference.
That has led to an allegation of assault against Chong, who might have violated the department’s use-of-force policy.
Provincial cabinet minister Ida Chong confirmed that her brother is the subject of the complaint.
“It’s very troubling for all of us, for him and his family,” she said in a phone interview Monday. “I can only wish the matter is dealt with quickly.”
This is not the first time Chong, who is in his late 40s, has been investigated by the department.
He pleaded guilty to an off-duty assault that occurred in June 2008, which resulted in a written reprimand from Victoria police. A provincial court judge handed Chong a conditional discharge and nine months’ probation, as well as ordering him to undergo anger-management counselling.
Ida Chong, minister of Healthy Living and Sport, said she does not know whether her brother was attending anger-management classes. She said he has the support of his wife and children, and wants to continue to serve his community as a police officer.
Graham refused to name either the injured man or the officer, but did say the sergeant has 28 years of service with the department. Chong has been with the force for 28 years.
The speed with which the prisoner received medical attention is also under investigation, said Graham, as 30 to 45 minutes passed before he was taken to hospital.
Graham was vague on the details of the incident, saying only that the man received injuries to his face. He said he can’t go into specifics because the matter is being investigated. “I intend to make the findings public when appropriate.”
The sergeant disclosed the incident to his superiors later that day, Graham said, adding that there was enough information to warrant his suspension. The officer is co-operating with the investigation, Graham said.
Members of the Vancouver Police Department, who will lead the criminal investigation, are on their way to Victoria to talk to the officer.
The incident was captured on video cameras in the jail cells. While Graham said he has not watched the recording, it will be examined by the Vancouver officers as part of the investigation.
The Victoria department’s professional standards section will conduct a parallel internal Police Act investigation, which will be monitored by the Office of the Police Complaint Commissioner.
Police Complaint Commissioner spokesman Bruce Brown said the victim has not filed a complaint. The victim has recovered from his injuries and Deputy Chief John Ducker has contacted him and apologized.
“The incident is troubling,” Graham said, but added that it has to be put in the context of the 5,000 to 7,000 inmates a year that are processed in the cells.
As a result of excessive-force allegations in the past, Graham decided that a sergeant should supervise the cells around the clock. Asked if this policy backfired, Graham said it’s too early to tell.
Graham would not say whether the prisoner did anything to provoke the officer, but police spokesman Sgt. Grant Hamilton said the 33-year-old man was sober when arrested. He did not say whether the man was known to police.
Graham could not say how long the investigations will take but added: “This will receive rapid attention. I want the facts quickly so we can make decisions quickly.”
Thursday, January 21, 2010
Two New York Officers Suspended After Video Shows Them Striking Handcuffed Man
Two New York City police officers were suspended without pay after a video surfaced showing them striking a handcuffed man this month in the Bronx, officials said Thursday. The video was shot after a failed undercover drug operation during which two other officers were wounded when they were hit in a ricochet of shots fired at a charging pit bull.
Police Commissioner Raymond W. Kelly said the Bronx district attorney’s office and the Police Department’s Internal Affairs Bureau were investigating but had not determined if the officers would face criminal charges.
“If you see this film, you see a prisoner who is handcuffed, who is laying on his face, and he is struck by a uniformed officer,” Mr. Kelly said. “We simply are never going to tolerate something like that; we’re going to take swift and firm action when we see activities of that nature.”
Police officials identified the two officers, both from the 52nd Precinct, as William Green, 26, who joined the force in 2005, and John Cicero, 28, who became an officer in 2008.
Mr. Kelly said two supervisors on the scene had been placed on modified assignment, but he declined to say if anyone else would be disciplined. Police officials identified the disciplined supervisors as Sgt. Junior Carela of the 52nd Precinct and Sgt. Phillip Connor of the 50th Precinct.
“They were in the vicinity and either should have known or, at a minimum, reported the fact that this had happened,” a law enforcement official said of the sergeants. He did not want to be quoted by name because the investigation was continuing.
The official said it was unlikely the investigation would be broadened to include other officers who were outside a residential building on Davidson Avenue when the undercover drug operation fell apart on Jan. 5.
Officers Green and Cicero were suspended within 24 hours after a video of the two men hitting the man — filmed by a civilian from an apartment window — was given to the Internal Affairs Bureau by investigators from the district attorney’s office, officials said.
Jeffrey L. Emdin, a lawyer for the handcuffed man, said he gave the footage to prosecutors at the end of last week.
Officials identified the handcuffed man as Jonathan Baez, 24, of the Bronx. Mr. Baez was initially charged with obstructing governmental administration and resisting arrest, but the charges have been dropped. It was unclear what role, if any, he played in the events that occurred after the undercover drug operation fell apart.
Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, declined to characterize the nature of the investigation.
“We are aware of allegations concerning this videotape and this beating, and we are investigating it,” he said.
Albert W. O’Leary, a spokesman for Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, declined to comment on the matter.
The events began about 8 p.m. as officers were chasing a suspect as part of the undercover investigation. During the chase, one officer fired at a pit bull that charged them; a bullet ricocheted and injured two other officers. The police said they did not believe that Mr. Baez released the pit bull.
Mr. Emdin said the videotape suggested that other officers should be investigated “and perhaps arrested.”
“There is no shock among the officers,” Mr. Emdin said. “There is no sign of outrage by any officers who witnessed it, who heard the cries for help. In fact, they just look as if it was business as usual.”
Police Commissioner Raymond W. Kelly said the Bronx district attorney’s office and the Police Department’s Internal Affairs Bureau were investigating but had not determined if the officers would face criminal charges.
“If you see this film, you see a prisoner who is handcuffed, who is laying on his face, and he is struck by a uniformed officer,” Mr. Kelly said. “We simply are never going to tolerate something like that; we’re going to take swift and firm action when we see activities of that nature.”
Police officials identified the two officers, both from the 52nd Precinct, as William Green, 26, who joined the force in 2005, and John Cicero, 28, who became an officer in 2008.
Mr. Kelly said two supervisors on the scene had been placed on modified assignment, but he declined to say if anyone else would be disciplined. Police officials identified the disciplined supervisors as Sgt. Junior Carela of the 52nd Precinct and Sgt. Phillip Connor of the 50th Precinct.
“They were in the vicinity and either should have known or, at a minimum, reported the fact that this had happened,” a law enforcement official said of the sergeants. He did not want to be quoted by name because the investigation was continuing.
The official said it was unlikely the investigation would be broadened to include other officers who were outside a residential building on Davidson Avenue when the undercover drug operation fell apart on Jan. 5.
Officers Green and Cicero were suspended within 24 hours after a video of the two men hitting the man — filmed by a civilian from an apartment window — was given to the Internal Affairs Bureau by investigators from the district attorney’s office, officials said.
Jeffrey L. Emdin, a lawyer for the handcuffed man, said he gave the footage to prosecutors at the end of last week.
Officials identified the handcuffed man as Jonathan Baez, 24, of the Bronx. Mr. Baez was initially charged with obstructing governmental administration and resisting arrest, but the charges have been dropped. It was unclear what role, if any, he played in the events that occurred after the undercover drug operation fell apart.
Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, declined to characterize the nature of the investigation.
“We are aware of allegations concerning this videotape and this beating, and we are investigating it,” he said.
Albert W. O’Leary, a spokesman for Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, declined to comment on the matter.
The events began about 8 p.m. as officers were chasing a suspect as part of the undercover investigation. During the chase, one officer fired at a pit bull that charged them; a bullet ricocheted and injured two other officers. The police said they did not believe that Mr. Baez released the pit bull.
Mr. Emdin said the videotape suggested that other officers should be investigated “and perhaps arrested.”
“There is no shock among the officers,” Mr. Emdin said. “There is no sign of outrage by any officers who witnessed it, who heard the cries for help. In fact, they just look as if it was business as usual.”
Tuesday, January 19, 2010
Michael Mineo Awaits Justice for Officer Sodomizing Him
Michael Mineo - the star witness in the trial of a police officer accused of sodomizing him - has a checkered past but says he did nothing to deserve what happened to him.
"I just can't wait for this trial to start," Mineo told the Daily News. "I want justice.
"Do you know how much anger I have? He's going down. He violated me and he tried to sweep it under the rug."
In the trial, starting in Brooklyn Supreme Court this week and expected to last a month, Officer Richard Kern faces 25 years behind bars on charges of sodomizing Mineo with a collapsible police baton on a Prospect Park station subway platform on Oct. 15, 2008.
Officers Alex Cruz and Andrew Morales face four years on charges of covering up the assault.
The three Brooklyn cops, who have all denied the charges and say no assault took place, chased Mineo after spotting him with a joint. Kern allegedly assaulted Mineo as he struggled while being cuffed by a fourth officer.
Mineo's lawyer Stephen Jackson has filed a federal civil suit against the police and says his client is still suffering from posttraumatic stress.
Police officials at first scoffed at Mineo's claims, but prosecutors reinterviewed witnesses, viewed Mineo's medical records and took the case to the grand jury, which voted to indict after two police witnesses came forward.
Mineo - who has been busted for marijuana, stolen credit cards and a melee at a tattoo parlor where he was a body piercer - will be the main witness at the trial.
"The evidence will just speak for itself," said Mineo, who now works at Staples. "Talking about [my] arrests doesn't bother me, not one bit. That has nothing to do with me being sodomized.
"I could have been a murderer - that has nothing to do with it. They could say whatever they want about me. They're trying to bring dirt. I'm ready."
Still, how Mineo behaves on the stand may be as crucial as what he says. "I'm going to hold my composure, but I'm not going to be treated like the one who did something wrong," he said. "I'll look him [Kern] in the eye; he won't even be able to look me in the eye. I pray for Richard Kern. ... He crossed the line and he's going to do time," says Mineo.
"I hope that everything ends up well for him, but I don't forgive him. ... I pray for him. I pray for all my enemies."
"I just can't wait for this trial to start," Mineo told the Daily News. "I want justice.
"Do you know how much anger I have? He's going down. He violated me and he tried to sweep it under the rug."
In the trial, starting in Brooklyn Supreme Court this week and expected to last a month, Officer Richard Kern faces 25 years behind bars on charges of sodomizing Mineo with a collapsible police baton on a Prospect Park station subway platform on Oct. 15, 2008.
Officers Alex Cruz and Andrew Morales face four years on charges of covering up the assault.
The three Brooklyn cops, who have all denied the charges and say no assault took place, chased Mineo after spotting him with a joint. Kern allegedly assaulted Mineo as he struggled while being cuffed by a fourth officer.
Mineo's lawyer Stephen Jackson has filed a federal civil suit against the police and says his client is still suffering from posttraumatic stress.
Police officials at first scoffed at Mineo's claims, but prosecutors reinterviewed witnesses, viewed Mineo's medical records and took the case to the grand jury, which voted to indict after two police witnesses came forward.
Mineo - who has been busted for marijuana, stolen credit cards and a melee at a tattoo parlor where he was a body piercer - will be the main witness at the trial.
"The evidence will just speak for itself," said Mineo, who now works at Staples. "Talking about [my] arrests doesn't bother me, not one bit. That has nothing to do with me being sodomized.
"I could have been a murderer - that has nothing to do with it. They could say whatever they want about me. They're trying to bring dirt. I'm ready."
Still, how Mineo behaves on the stand may be as crucial as what he says. "I'm going to hold my composure, but I'm not going to be treated like the one who did something wrong," he said. "I'll look him [Kern] in the eye; he won't even be able to look me in the eye. I pray for Richard Kern. ... He crossed the line and he's going to do time," says Mineo.
"I hope that everything ends up well for him, but I don't forgive him. ... I pray for him. I pray for all my enemies."
Officer Thomas Seifert Charged with Assaulting Handcuffed Man
A Miami Township police officer on paid administrative leave since August has been charged with misdemeanor assault in Miamisburg Municipal Court.
Thomas Seifert, 39, is awaiting a jury trial and an administrative hearing after Chief John Krug asked the Montgomery County Sheriff’s Office to investigate allegations the officer physically assaulted a handcuffed man in August while on duty, according to court records and investigators.
“I cannot release any more details about the ongoing investigation other than there is one,” Krug said.
Krug’s department was working to fulfill a public records request made early Tuesday afternoon of the police incident reports that led to Seifert’s suspension.
Sheriff’s Chief Deputy Mike Nolan confirmed his detectives investigated Seifert’s actions and found “criminal wrongdoing.” The matter was referred back to Krug’s department, and the Warren County Prosecutor’s Office brought the criminal charges in early January, according to court records.
A jury trial has been set in the case for Feb. 25.
Krug said he asked independent agencies to investigate Seifert’s alleged actions because other officers witnessed them and could testify in court.
Seifert, who lives in Miamisburg, has received his normal paycheck for the last five months while the criminal investigation was conducted, per the police union’s contract with the township, Krug said.
“There are two investigations here, a criminal investigation and an administrative investigation,” he said. “The criminal investigation gets priority over the administrative, and now that we have charges, a pre-disciplinary hearing will likely be held within the next week.”
Township trustees will then be presented with the results of that hearing and decide Seifert’s employment status.
Seifert is not in jail on the charge and his attorney was not available for comment this afternoon,
Thomas Seifert, 39, is awaiting a jury trial and an administrative hearing after Chief John Krug asked the Montgomery County Sheriff’s Office to investigate allegations the officer physically assaulted a handcuffed man in August while on duty, according to court records and investigators.
“I cannot release any more details about the ongoing investigation other than there is one,” Krug said.
Krug’s department was working to fulfill a public records request made early Tuesday afternoon of the police incident reports that led to Seifert’s suspension.
Sheriff’s Chief Deputy Mike Nolan confirmed his detectives investigated Seifert’s actions and found “criminal wrongdoing.” The matter was referred back to Krug’s department, and the Warren County Prosecutor’s Office brought the criminal charges in early January, according to court records.
A jury trial has been set in the case for Feb. 25.
Krug said he asked independent agencies to investigate Seifert’s alleged actions because other officers witnessed them and could testify in court.
Seifert, who lives in Miamisburg, has received his normal paycheck for the last five months while the criminal investigation was conducted, per the police union’s contract with the township, Krug said.
“There are two investigations here, a criminal investigation and an administrative investigation,” he said. “The criminal investigation gets priority over the administrative, and now that we have charges, a pre-disciplinary hearing will likely be held within the next week.”
Township trustees will then be presented with the results of that hearing and decide Seifert’s employment status.
Seifert is not in jail on the charge and his attorney was not available for comment this afternoon,
Friday, January 15, 2010
Sgt. Scott Krause Convicted of Beating Handcuffed Suspect
A Milwaukee County sheriff's sergeant was convicted Tuesday of beating a suspect handcuffed inside a squad car, where a video camera recorded the entire incident.
Scott Krause, 38, was arrested Oct. 16, within hours of when Ray Calderon had complained to sheriff's officials about being slugged in the face after he asked to use the restroom.
Four days later, Krause was charged with misdemeanor battery and misconduct in public office, a felony. He pleaded no contest to both charges Tuesday, was found guilty, and faces up to nine months in jail on the battery and up to 3½ years in prison on the felony at his sentencing March 5.
Deputy District Attorney Kent Lovern said his office would recommend prison but not a specific term. Lovern said the video is clear and explicit.
"Obviously, such conduct is completely unacceptable . . . and intolerable for a law enforcement officer," he said after the plea hearing.
He said he planned to play the dash cam video at the sentencing but declined news media requests for the video.
His office has reviewed the actions of three other deputies on duty at the jail at the time of the incident and decided no further criminal charges were warranted.
Sheriff's Capt. Aisha Barkow said the three remain on administrative duty pending an internal investigation.
Krause, who has been free on bail and suspended with pay since his arrest, appeared in court with his attorney, Michael Steinle; neither wished to comment after the hearing, held before Circuit Judge Dennis Cimpl.
Calderon's attorney, Jonathan Safran, also attended. He said his client was pleased Krause was found guilty of a felony and is considering a civil lawsuit in the matter. He said Calderon is still receiving treatment for injuries to his eye and his back.
According to the criminal complaint, deputies had arrested Calderon, 34, early Oct. 16 and had taken him to the County Jail, where Krause arrived to assist in the processing. As Calderon sat in the back of the car, he told investigators, he had a strong urge to urinate. Because his hands were cuffed behind him, he tapped on the window with his foot.
Krause opened the door and told Calderon to stop, that he'd get his turn and closed the door. When Calderon again tapped on the window, Krause opened the door, leaned in, slapped Calderon and said, "I told you to stop (expletive) kicking the window, you hear me?" Krause then grabbed Calderon and struck him several times in the face with a closed fist.
An initial news release from the sheriff's office said Calderon was stopped for suspected drunken driving. At a news conference after Krause was charged, Sheriff David A. Clarke Jr. said the Wisconsin State Patrol had stopped Calderon - who hasn't had a valid driver's license since 2007 - because he was wanted on two warrants from Winnebago County. Sheriff's deputies were called as backup and transported Calderon to the jail.
Calderon was released from the Winnebago County Jail in November after serving time for driving after revocation.
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Scott Krause, 38, was arrested Oct. 16, within hours of when Ray Calderon had complained to sheriff's officials about being slugged in the face after he asked to use the restroom.
Four days later, Krause was charged with misdemeanor battery and misconduct in public office, a felony. He pleaded no contest to both charges Tuesday, was found guilty, and faces up to nine months in jail on the battery and up to 3½ years in prison on the felony at his sentencing March 5.
Deputy District Attorney Kent Lovern said his office would recommend prison but not a specific term. Lovern said the video is clear and explicit.
"Obviously, such conduct is completely unacceptable . . . and intolerable for a law enforcement officer," he said after the plea hearing.
He said he planned to play the dash cam video at the sentencing but declined news media requests for the video.
His office has reviewed the actions of three other deputies on duty at the jail at the time of the incident and decided no further criminal charges were warranted.
Sheriff's Capt. Aisha Barkow said the three remain on administrative duty pending an internal investigation.
Krause, who has been free on bail and suspended with pay since his arrest, appeared in court with his attorney, Michael Steinle; neither wished to comment after the hearing, held before Circuit Judge Dennis Cimpl.
Calderon's attorney, Jonathan Safran, also attended. He said his client was pleased Krause was found guilty of a felony and is considering a civil lawsuit in the matter. He said Calderon is still receiving treatment for injuries to his eye and his back.
According to the criminal complaint, deputies had arrested Calderon, 34, early Oct. 16 and had taken him to the County Jail, where Krause arrived to assist in the processing. As Calderon sat in the back of the car, he told investigators, he had a strong urge to urinate. Because his hands were cuffed behind him, he tapped on the window with his foot.
Krause opened the door and told Calderon to stop, that he'd get his turn and closed the door. When Calderon again tapped on the window, Krause opened the door, leaned in, slapped Calderon and said, "I told you to stop (expletive) kicking the window, you hear me?" Krause then grabbed Calderon and struck him several times in the face with a closed fist.
An initial news release from the sheriff's office said Calderon was stopped for suspected drunken driving. At a news conference after Krause was charged, Sheriff David A. Clarke Jr. said the Wisconsin State Patrol had stopped Calderon - who hasn't had a valid driver's license since 2007 - because he was wanted on two warrants from Winnebago County. Sheriff's deputies were called as backup and transported Calderon to the jail.
Calderon was released from the Winnebago County Jail in November after serving time for driving after revocation.
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Wednesday, January 13, 2010
Officers Daniel Rodriguez & Jorge Baca Accused of Police Brutality
Two police officers accused of police brutality are under investigation by state authorities and prosecutors, the agencies confirmed Wednesday.
Officers Daniel Rodriguez and Jorge Baca arrested teenager Ewan Rose on Nov. 18, more than a year after his acquittal in a sexual battery case. The officers charged Rose, 18, with loitering, battery on a police officer and resisting arrest with violence.
Prosecutors with the Broward State Attorney's Office declined to file charges against Rose in late November.
Since then, a prosecutor with the Special Prosecutions Unit has been looking into claims the officers arrested the teen on false charges, battered him and engaged in official misconduct, State Attorney's Office spokesman Ron Ishoy said in an e-mail Wednesday. Prosecutors are reviewing the case to determine whether criminal charges will be filed.
Tony Livoti, a union attorney who is representing the two officers, could not be reached Wednesday for comment.
On Nov. 27, nine days after Rose's arrest, Sunrise Police Chief John Brooks put Rodriguez, 30, on administrative leave with pay, forcing him to turn in his gun and badge. The same day, Baca, 38, was taken off road patrol and assigned to desk duty. He also had to turn in his gun and badge.
Both officers earn $59,000 a year and joined the department on the same day in October 2007.
Sunrise officers arrested Rose in August 2007 on charges of burglary and sexual battery. A Broward jury acquitted him in the fall of 2008.
His run-in with Rodriguez and Baca came a year later. Brooks and other officials declined to discuss details, citing the open investigation.
Reached at her Sunrise home, Valarie Rose, Ewan's mother, referred all questions to her son's attorney, Jeff Ivashuk, who declined to comment Wednesday.
After learning of Rose's allegations of police brutaility, Brooks said, he referred the case to the Florida Department of Law Enforcement and the State Attorney's Office.
The FBI is keeping an eye on the case as well, according to officials. FBI spokeswoman Judy Orihuela said Tuesday she could not comment.
Officers Daniel Rodriguez and Jorge Baca arrested teenager Ewan Rose on Nov. 18, more than a year after his acquittal in a sexual battery case. The officers charged Rose, 18, with loitering, battery on a police officer and resisting arrest with violence.
Prosecutors with the Broward State Attorney's Office declined to file charges against Rose in late November.
Since then, a prosecutor with the Special Prosecutions Unit has been looking into claims the officers arrested the teen on false charges, battered him and engaged in official misconduct, State Attorney's Office spokesman Ron Ishoy said in an e-mail Wednesday. Prosecutors are reviewing the case to determine whether criminal charges will be filed.
Tony Livoti, a union attorney who is representing the two officers, could not be reached Wednesday for comment.
On Nov. 27, nine days after Rose's arrest, Sunrise Police Chief John Brooks put Rodriguez, 30, on administrative leave with pay, forcing him to turn in his gun and badge. The same day, Baca, 38, was taken off road patrol and assigned to desk duty. He also had to turn in his gun and badge.
Both officers earn $59,000 a year and joined the department on the same day in October 2007.
Sunrise officers arrested Rose in August 2007 on charges of burglary and sexual battery. A Broward jury acquitted him in the fall of 2008.
His run-in with Rodriguez and Baca came a year later. Brooks and other officials declined to discuss details, citing the open investigation.
Reached at her Sunrise home, Valarie Rose, Ewan's mother, referred all questions to her son's attorney, Jeff Ivashuk, who declined to comment Wednesday.
After learning of Rose's allegations of police brutaility, Brooks said, he referred the case to the Florida Department of Law Enforcement and the State Attorney's Office.
The FBI is keeping an eye on the case as well, according to officials. FBI spokeswoman Judy Orihuela said Tuesday she could not comment.
Tuesday, January 12, 2010
Trial Begins for Deputy Schene Accused of Beating 15-year-old
The assault trial began Tuesday in King County Superior Court for a man accused of beating a 15-year-old girl in a holding cell at the SeaTac City Hall.
She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
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Other Information & Video
She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
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All Previous Post
Other Information & Video
Friday, January 08, 2010
West Valley Officer Being Sued by Man Who Claims he was Slammed to the Ground
A West Valley Police officer is being sued by a man who claims was slammed to the ground and injured unjustly by the officer. Ceasar Medina says he was driving to his girlfriend's house July 17 to meet her for breakfast. Medina says he was pulled over by the officer in West Valley, near where his girlfriend lives. He says that the officer claims he was resisting arrest during the stop and pulled him out of his vehicle and slammed him to the ground.
West Valley Police say they do not know about the lawsuit and cannot comment until they review the case.
Police say that Medina was pulled over for failure to stop at a stop sign and speeding.
Until West Valley Police have had a chance to review the case, FOX 13 has chosen not to release the identity of the officer involved.
West Valley Police say they do not know about the lawsuit and cannot comment until they review the case.
Police say that Medina was pulled over for failure to stop at a stop sign and speeding.
Until West Valley Police have had a chance to review the case, FOX 13 has chosen not to release the identity of the officer involved.
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