Wifredo A. Ferrer, United States Attorney for the Southern District of Florida; George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; José A. Gonzalez, Special Agent in Charge, Internal Revenue Service-Criminal Investigations (IRS-CI); and Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), announce the filing of charges against David Benjamin, 48, of Boca Raton, and Jeff Alan Poole, 47, of Weston, for conspiring to commit crimes in connection with the operation of the former Fort Lauderdale law firm of Rothstein, Rosenfeldt and Adler P.A. (RRA).
In a criminal information filed earlier today, Benjamin was charged with conspiracy to commit extortion and to violate civil rights, in violation of Title 18, United States Code, Section 371. In a separate criminal information also filed today, Poole was charged with conspiracy to violate civil rights, in violation of Title 18, United States Code, Section 241. The charges allege that, during the relevant time period, both defendants were employed by the Broward Sheriff’s Office. Benjamin was a lieutenant and served as executive officer to then Sheriff Al Lamberti. Poole was a detective assigned to the Strategic Investigations Division.
The charging documents allege that both defendants agreed to utilize their respective positions within BSO unlawfully to further the interests of RRA, its chairman and CEO Scott W. Rothstein, and other persons associated with Rothstein. Specifically, the charging documents allege that Benjamin received approximately $185,000 in money and other things of value from Rothstein and RRA in return for providing his assistance when needed, including arranging with Poole to arrest the ex-wife of an attorney who was engaged in a child custody dispute with her, arranging to use force and threats of force against the boyfriend of an escort who was threatening to expose the illicit relationship that existed between the escort and one of the partners at RRA, and assisting Rothstein in loading cash and jewelry onto a private airplane that was used by Rothstein to flee to Morocco on October 27, 2009, as the Ponzi scheme being conducted through RRA was beginning to unravel.
U.S. Attorney Wifredo A. Ferrer stated, “David Benjamin and Jeff Poole used their official positions as law enforcement officers to commit civil rights abuses to further the interests of Scott Rothstein and others associated with Rothstein. When law enforcement officers betray the trust of the people, it strikes at the very core of our democracy. The informations filed today charging Benjamin and Poole should serve as a reminder that no one is above the law. When law enforcement officers violate the public’s trust, they will be held accountable. Benjamin and Poole are the 19th and 20th accomplices, respectively, to be held accountable in Rothstein’s $1.2 billion Ponzi scheme.”
“When David Benjamin and Jeff Alan Poole began to use their official positions to further the illegal schemes of Rothstein and his cronies, they crossed a very bright line,” said William J. Maddalena, Assistant Special Agent in Charge, FBI Miami. “Their criminal misconduct undermined the public’s trust in law enforcement. As such, the FBI will continue to work with our partners to remove those law enforcement officers who violate the law. The FBI, in particular, would like to thank BSO for their close partnership investigating this matter.”
IRS-CI SAC José A. Gonzalez stated, “Law enforcement officers and individuals in positions of our citizens’ trust are held to an even higher standard than the general public. It’s a sad day when a lieutenant and a detective of the Broward County Sheriff’s Office who are sworn to uphold the law, allegedly misuse their positions by engaging in criminal acts. IRS-CI, together with its law enforcement partners, will continue to ensure that no one operates above the law and are held accountable for their actions.”
BSO Sheriff Scott Israel stated, “Every time a law enforcement officer is implicated in a crime, it’s a blow to our profession. This indictment tarnishes the image of honest, hard-working law enforcement officers everywhere. My immediate action after taking office was to suspend Deputy Poole and Lieutenant Benjamin based on an ongoing federal investigation. I applaud the diligence and professionalism displayed by our federal partners, and we will continue working closely with them to ensure justice is served.”
Mr. Ferrer commended the investigative efforts of the FBI, IRS-CI, and BSO. This case is being prosecuted by Assistant U.S. Attorneys Lawrence D. LaVecchio, Paul F. Schwartz, and Jeffrey N. Kaplan.
Showing posts with label violating civil rights. Show all posts
Showing posts with label violating civil rights. Show all posts
Friday, April 25, 2014
Tuesday, April 15, 2014
Trooper Kelly Cruz Acquitted of Stomping Handcuffed Man
(No Protect and Serve going on here.)
A Pennsylvania state trooper accused of stomping a handcuffed man in the head during a botched 2009 drug raid was acquitted Monday of a federal civil rights violation charge.
Cheers and applause erupted in the courtroom from more than two dozen of Kelly Cruz's law enforcement colleagues as the jury delivered its verdict to U.S. District Judge Mary A. McLaughlin. It took less than two hours for the panel of five men and seven women to come to its decision.
A visibly relieved Cruz declined to comment. His lawyer, Christian J. Hoey, described the verdict as "a good decision."
"Nobody celebrates the fact someone was injured," he said. "But he's a heck of a law enforcement officer and an asset to the United States."
Cruz, 44, of Oxford, never denied that he caused the injuries sustained by 22-year-old Zachary Bare during an August raid on the man's home in Chester County. He testified Friday that he did not realize Bare was handcuffed at the time and thought he was trying to stand to attack him.
He told jurors that he pinned Bare's shoulder with his foot in an attempt to keep him on the ground - all while Bare was screaming obscenities and rolling on the floor.
"I responded the way I was trained to respond," he testified Friday. "I reacted to what I saw. If I fail, I don't come home to my family."
Prosecutors described a vastly different incident - involving a kick to the back of Bare's head, witnessed by at least one police officer, as the man lay handcuffed and prone on his kitchen floor.
The impact left Bare with shattered teeth, a broken nose, and two facial fractures.
Cruz was working as a liaison to a Chester County drug task force and assisting the West Whiteland Police Department on what was to be a surprise assault on a suspected meth lab in an Exton house. When officers arrived, the men inside spotted them and tried to escape.
Officer Jeffrey McCloskey told jurors last week he saw Bare running nearby and followed him to a house five doors down. He ordered Bare to the floor as another officer handcuffed him. Another West Whiteland officer, Glenn Cockerham, testified he witnessed Cruz kick Bare - a use of force he later described in an investigative report as "totally unnecessary."
Investigators eventually determined that Bare was not at the drug house at the time of the raid and he was never charged in the case.
Hoey contended throughout the six-day trial that the West Whiteland officers sought to shift blame for Bare's botched arrest onto Cruz.
"We're obviously disappointed," Linwood C. Wright Jr., one of the assistant U.S. attorneys who tried the case, said Monday. "We believe in the West Whiteland Police Department."
Monday's verdict came three years after a Chester County grand jury declined to indict Cruz over the same incident and two years after the Pennsylvania State Police settled a lawsuit from Bare for $125,000.
Cruz was suspended without pay shortly after a federal grand jury indicted him in August 2013. He is expected to return to his job as a corporal in the state police's Avondale barracks, Hoey said.
A Pennsylvania state trooper accused of stomping a handcuffed man in the head during a botched 2009 drug raid was acquitted Monday of a federal civil rights violation charge.
Cheers and applause erupted in the courtroom from more than two dozen of Kelly Cruz's law enforcement colleagues as the jury delivered its verdict to U.S. District Judge Mary A. McLaughlin. It took less than two hours for the panel of five men and seven women to come to its decision.
A visibly relieved Cruz declined to comment. His lawyer, Christian J. Hoey, described the verdict as "a good decision."
"Nobody celebrates the fact someone was injured," he said. "But he's a heck of a law enforcement officer and an asset to the United States."
Cruz, 44, of Oxford, never denied that he caused the injuries sustained by 22-year-old Zachary Bare during an August raid on the man's home in Chester County. He testified Friday that he did not realize Bare was handcuffed at the time and thought he was trying to stand to attack him.
He told jurors that he pinned Bare's shoulder with his foot in an attempt to keep him on the ground - all while Bare was screaming obscenities and rolling on the floor.
"I responded the way I was trained to respond," he testified Friday. "I reacted to what I saw. If I fail, I don't come home to my family."
Prosecutors described a vastly different incident - involving a kick to the back of Bare's head, witnessed by at least one police officer, as the man lay handcuffed and prone on his kitchen floor.
The impact left Bare with shattered teeth, a broken nose, and two facial fractures.
Cruz was working as a liaison to a Chester County drug task force and assisting the West Whiteland Police Department on what was to be a surprise assault on a suspected meth lab in an Exton house. When officers arrived, the men inside spotted them and tried to escape.
Officer Jeffrey McCloskey told jurors last week he saw Bare running nearby and followed him to a house five doors down. He ordered Bare to the floor as another officer handcuffed him. Another West Whiteland officer, Glenn Cockerham, testified he witnessed Cruz kick Bare - a use of force he later described in an investigative report as "totally unnecessary."
Investigators eventually determined that Bare was not at the drug house at the time of the raid and he was never charged in the case.
Hoey contended throughout the six-day trial that the West Whiteland officers sought to shift blame for Bare's botched arrest onto Cruz.
"We're obviously disappointed," Linwood C. Wright Jr., one of the assistant U.S. attorneys who tried the case, said Monday. "We believe in the West Whiteland Police Department."
Monday's verdict came three years after a Chester County grand jury declined to indict Cruz over the same incident and two years after the Pennsylvania State Police settled a lawsuit from Bare for $125,000.
Cruz was suspended without pay shortly after a federal grand jury indicted him in August 2013. He is expected to return to his job as a corporal in the state police's Avondale barracks, Hoey said.
Tuesday, March 25, 2014
Corrections Officer Terrence Pendergrass Charged with Violating Civil Rights of Mentally Ill Inmate
A New York City correction officer was arrested on Monday by the Federal Bureau of Investigation and charged with violating the civil rights of a mentally ill inmate who died after begging for medical help from his cell for hours.
The officer, Terrence Pendergrass, was supervising the Rikers Island unit where the prisoner was being held and, according to the criminal complaint filed Monday, Mr. Pendergrass ignored subordinates who warned that the prisoner, Jason Echevarria, was in distress and needed aid. Mr. Echevarria, who was 25, was found dead hours later.
The charge in the August 2012 death comes as the city faces mounting scrutiny over conditions on Rikers Island and in particular the treatment of mentally ill inmates, whose numbers have surged in recent years. Mayor Bill de Blasio, in naming his correction commissioner, Joseph Ponte, said this month that the department had “sadly lagged behind other corrections systems.” He has vowed reforms.
Last week, news reports detailed the recent death of a mentally ill inmate who was left unattended for hours in an overheated cell on Rikers, where he was being held on a misdemeanor trespassing charge. Advocates for the mentally ill say that the deaths are emblematic of the neglect and indifference that are common at Rikers, the vast city jail complex in the East River, where violent encounters between inmates and guards have been on the rise in recent years.
The Bronx district attorney’s office periodically brings charges against Rikers guards for excessive force, but the complaint filed on Monday by the United States attorney for the Southern District of New York represents the first time in at least a decade that the office has brought a civil rights prosecution in connection with Rikers.
Charged with one count of deprivation of rights under the color of law, Mr. Pendergrass appeared in Federal District Court in Manhattan on Monday afternoon and was released on $250,000 bond. The charge carries a maximum penalty of 10 years in prison.
The criminal complaint filed by prosecutors paints a picture of stark official indifference, alleged to have been directed by Mr. Pendergrass, 49, who was a captain at the time but was demoted back to officer after the episode.
On Aug. 18, 2012, Mr. Echevarria swallowed a toxic packet of powdered detergent, known at Rikers as a soap ball, that had been given to inmates to clean out their cells after a leak of raw sewage from the toilets. After ingesting the soap ball, Mr. Echevarria began vomiting and complaining of severe pain.
When a correction officer alerted Captain Pendergrass to Mr. Echevarria’s condition, the captain told the officer not to bother him unless “there was a dead body,” the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
Under Department of Correction rules, correction officers must dilute the soap balls in several gallons of water before providing them to inmates. But the officer distributing them was new and not aware of the rule, according to the complaint.
About 4:30 p.m. Mr. Echevarria began banging on his cell door, telling a correction officer that he needed help after ingesting the soap ball, according to the complaint. That officer informed Captain Pendergrass of Mr. Echevarria’s condition. Captain Pendergrass told the officer that he should not be bothered “if there were live inmates in cells,” according to the complaint.
A short time later, the correction officer returned to Captain Pendergrass after seeing vomit on the window and floor of Mr. Echevarria’s cell. The captain told the officer that Mr. Echevarria should “hold it,” according to the complaint.
Captain Pendergrass’s shift ended at 11 p.m., and Mr. Echevarria had still received no medical attention, the complaint said. Several other correction officers passed through Mr. Echevarria’s unit that afternoon, evening and overnight. About 8:30 the next morning, he was found dead in his cell.
On Monday, a spokesman for the Correction Department said that immediately after the death, Mr. Pendergrass, who joined the department in 1996, was placed on modified duty. He was demoted in July 2013, and on Monday he was suspended without pay.
One correction officer, Raymond Castro, was fired after Mr. Echevarria’s death. Mr. Castro then filed a wrongful termination suit against the city and the Correction Department, claiming that he alerted Captain Pendergrass several times to Mr. Echevarria’s worsening condition and was rebuffed. In his complaint, he also claimed that he tried to call medical personnel on his own, but was stopped by Captain Pendergrass, who ordered him to return to his post.
Mr. Echevarria’s father, Ramon, filed a lawsuit in 2013 against Mr. Pendergrass and several other Rikers personnel, alleging that they violated his son’s constitutional rights.
Ramon Echevarria declined to speak to a reporter about the case on Monday.
The officer, Terrence Pendergrass, was supervising the Rikers Island unit where the prisoner was being held and, according to the criminal complaint filed Monday, Mr. Pendergrass ignored subordinates who warned that the prisoner, Jason Echevarria, was in distress and needed aid. Mr. Echevarria, who was 25, was found dead hours later.
The charge in the August 2012 death comes as the city faces mounting scrutiny over conditions on Rikers Island and in particular the treatment of mentally ill inmates, whose numbers have surged in recent years. Mayor Bill de Blasio, in naming his correction commissioner, Joseph Ponte, said this month that the department had “sadly lagged behind other corrections systems.” He has vowed reforms.
Last week, news reports detailed the recent death of a mentally ill inmate who was left unattended for hours in an overheated cell on Rikers, where he was being held on a misdemeanor trespassing charge. Advocates for the mentally ill say that the deaths are emblematic of the neglect and indifference that are common at Rikers, the vast city jail complex in the East River, where violent encounters between inmates and guards have been on the rise in recent years.
The Bronx district attorney’s office periodically brings charges against Rikers guards for excessive force, but the complaint filed on Monday by the United States attorney for the Southern District of New York represents the first time in at least a decade that the office has brought a civil rights prosecution in connection with Rikers.
Charged with one count of deprivation of rights under the color of law, Mr. Pendergrass appeared in Federal District Court in Manhattan on Monday afternoon and was released on $250,000 bond. The charge carries a maximum penalty of 10 years in prison.
The criminal complaint filed by prosecutors paints a picture of stark official indifference, alleged to have been directed by Mr. Pendergrass, 49, who was a captain at the time but was demoted back to officer after the episode.
On Aug. 18, 2012, Mr. Echevarria swallowed a toxic packet of powdered detergent, known at Rikers as a soap ball, that had been given to inmates to clean out their cells after a leak of raw sewage from the toilets. After ingesting the soap ball, Mr. Echevarria began vomiting and complaining of severe pain.
When a correction officer alerted Captain Pendergrass to Mr. Echevarria’s condition, the captain told the officer not to bother him unless “there was a dead body,” the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
The medical examiner ruled Mr. Echevarria’s death a homicide, citing “neglect and denial of medical care.” The chemicals in the soap had sloughed off the linings of Mr. Echevarria’s tongue and throat, according to the medical examiner’s post-autopsy report.
Mr. Pendergrass, of Howard Beach, Queens, has denied that the correction officer told him Mr. Echevarria was sick, said Patrick Ferraiuolo, president of the Correction Captains Association. He said several other jail officials who were nearby did nothing to help, and noted that Mr. Echevarria had a history of acting up.
Mr. Echevarria, who suffered from bipolar disorder, had been placed in a solitary confinement unit after several suicide attempts and an attempt to swallow a battery, according to the criminal complaint. The unit where he was housed was reserved for mentally ill inmates.
Over the last five years, about 20 correction officers have been prosecuted in connection with assaults on inmates, according to the Bronx district attorney’s office, which has jurisdiction over Rikers Island.
Anthony J. Girese, counsel to the Bronx district attorney, Robert T. Johnson, said that establishing a direct line of responsibility to Mr. Pendergrass was difficult under state homicide statutes. After ruling out state charges, the Bronx district attorney worked with the United States attorney on filing the case under federal civil rights law.
After the raw sewage leak on Aug. 18, Mr. Echevarria was given a soap ball, a cleaning agent that contained, among other things, ammonium chloride, a chemical that can be life-threatening if ingested, the complaint said.
Under Department of Correction rules, correction officers must dilute the soap balls in several gallons of water before providing them to inmates. But the officer distributing them was new and not aware of the rule, according to the complaint.
About 4:30 p.m. Mr. Echevarria began banging on his cell door, telling a correction officer that he needed help after ingesting the soap ball, according to the complaint. That officer informed Captain Pendergrass of Mr. Echevarria’s condition. Captain Pendergrass told the officer that he should not be bothered “if there were live inmates in cells,” according to the complaint.
A short time later, the correction officer returned to Captain Pendergrass after seeing vomit on the window and floor of Mr. Echevarria’s cell. The captain told the officer that Mr. Echevarria should “hold it,” according to the complaint.
Captain Pendergrass’s shift ended at 11 p.m., and Mr. Echevarria had still received no medical attention, the complaint said. Several other correction officers passed through Mr. Echevarria’s unit that afternoon, evening and overnight. About 8:30 the next morning, he was found dead in his cell.
On Monday, a spokesman for the Correction Department said that immediately after the death, Mr. Pendergrass, who joined the department in 1996, was placed on modified duty. He was demoted in July 2013, and on Monday he was suspended without pay.
One correction officer, Raymond Castro, was fired after Mr. Echevarria’s death. Mr. Castro then filed a wrongful termination suit against the city and the Correction Department, claiming that he alerted Captain Pendergrass several times to Mr. Echevarria’s worsening condition and was rebuffed. In his complaint, he also claimed that he tried to call medical personnel on his own, but was stopped by Captain Pendergrass, who ordered him to return to his post.
Mr. Echevarria’s father, Ramon, filed a lawsuit in 2013 against Mr. Pendergrass and several other Rikers personnel, alleging that they violated his son’s constitutional rights.
Ramon Echevarria declined to speak to a reporter about the case on Monday.
Wednesday, March 19, 2014
Officer Salvador Becerra Arrested for Groping Woman he Arrested
Obtained affidavits state officer Salvador Becerra allegedly brought at least three and likely more women back to his patrol car where he talked to them and then proceeded to put his hands under their bras and felt their breasts. During this time, he turned off audio on his unit’s recording equipment, but cameras corroborated the women’s stories.
On March 9 of this year, Becerra detained a woman who admitted to having a joint in her pocket. The affidavit on the case states that Officer Becerra told her that “if she made an exception then they would not go to jail.” It was then that the woman reluctantly allowed him to touch her breasts. She reported the incident soon after.
This resulted in investigators looking into the allegation and finding that it held merit after reviewing camera footage. Soon after more women began to make complaints about the officer.
While reviewing footage, investigators found a similar issue on February 21 in which another woman had made a similar complaint.
A third incident was then found and the affidavit states a third victim was contacted by Becerra on March 2, just a week before the incident which uncovered these abuses of power, in the parking lot of Floyd Gwenn Park in Odessa. It states that while on duty and in uniform, Becerra detained the third victim, asked her breast size, and “inserted his hand under [her] bra and shirt and fondled one of her breasts.”
So far, these three incidents have resulted in charges and three other women have come forward as well.
Becerra has since bonded out of Ector County Jail and is wearing an ankle monitor. He is charged with Improper Sexual Activity with a Person in Custody and Violations of the Civil Rights of a Person in Custody.
Odessa Police asks anyone with any information concerning such incidents to call their 24 hour number at 333-3641 or 335-4961 to speak to the acting Lt. Commander.
Thursday, March 13, 2014
Officer Salvador Becerra Arrested For Two Felonies
An Odessa Police officer finds himself on the other side of the law after being arrested for two felonies on Thursday.
Odessa Police Officer Salvador Becerra was charged and arrested with two counts of violations of the civil rights of a person in custody and improper sexual activity with a person in custody.
We’re told that back on March 10, a citizen reported to Odessa Police that an officer conducted himself inappropriately during a traffic stop. Officials say an inquiry into the matter was quickly conducted and lead them to Becerra.
The inquiry produced sufficient evidence for Police Chief Timothy Burton to order an administrative investigation into possible criminal conduct by Becerra.
Odessa Police said in a press release, “The behavior Becerra is alleged to have engaged in is unprofessional and illegal. It will not be tolerated by the Odessa Police Department officers who do their best each day to keep the City of Odessa safe. These actions are not a reflection of the entire department and in no way are they indicative of high standards of professionalism and integrity exhibited by the Odessa Police Department.”
A pre-disciplinary hearing has been scheduled for Becerra on Monday and a disciplinary hearing will be held on Wednesday.
We’re told that Becerra was hired by Odessa Police back in February of 2012.
The Texas Rangers are continuing their investigation.
Odessa Police Officer Salvador Becerra was charged and arrested with two counts of violations of the civil rights of a person in custody and improper sexual activity with a person in custody.
We’re told that back on March 10, a citizen reported to Odessa Police that an officer conducted himself inappropriately during a traffic stop. Officials say an inquiry into the matter was quickly conducted and lead them to Becerra.
The inquiry produced sufficient evidence for Police Chief Timothy Burton to order an administrative investigation into possible criminal conduct by Becerra.
Odessa Police said in a press release, “The behavior Becerra is alleged to have engaged in is unprofessional and illegal. It will not be tolerated by the Odessa Police Department officers who do their best each day to keep the City of Odessa safe. These actions are not a reflection of the entire department and in no way are they indicative of high standards of professionalism and integrity exhibited by the Odessa Police Department.”
A pre-disciplinary hearing has been scheduled for Becerra on Monday and a disciplinary hearing will be held on Wednesday.
We’re told that Becerra was hired by Odessa Police back in February of 2012.
The Texas Rangers are continuing their investigation.
Friday, March 07, 2014
Corrections Officer Christopher Brunson Charged with Violating Civil Rights
Christopher Brunson, 38, of Perry, Florida, has been indicted for violating the civil rights of a Taylor County Correctional Institution inmate. The indictment was announced by Pamela C. Marsh, United States Attorney for the Northern District of Florida.
The indictment alleges that on January 30, 2013, Brunson, who was then employed as a correctional officer at the Taylor Correctional Institution, struck and assaulted an inmate resulting in bodily injury. Brunson was arraigned in federal court today and a trial date was scheduled for April 14, 2014.
If convicted, Brunson faces a maximum sentence of ten years in federal prison.
The case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Florida Department of Corrections, Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The indictment alleges that on January 30, 2013, Brunson, who was then employed as a correctional officer at the Taylor Correctional Institution, struck and assaulted an inmate resulting in bodily injury. Brunson was arraigned in federal court today and a trial date was scheduled for April 14, 2014.
If convicted, Brunson faces a maximum sentence of ten years in federal prison.
The case was investigated by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, and the Florida Department of Corrections, Office of Inspector General. It is being prosecuted by Assistant U.S. Attorney Karen Rhew-Miller
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Friday, February 14, 2014
Officer Edwin Powell Charged with Assault
A Cleveland police officer has been charged with assault.
Patrol Officer Edwin Powell faces assault, menacing and interfering with civil rights charges stemming from allegations of misconduct against a prisoner while Powell was working secondary employment, Police Chief Calvin Williams said in a department release.
Powell received a summons and is scheduled to appear in Cleveland Municipal Court at 8:30 a.m. March 11. The department's Internal Affairs Unit investigated the allegations, and sent their findings to the city prosecutors, who filed the charges Friday.
Police would not release any more information about the incident tied to the charges.
Powell will be placed on administrative duties pending a disciplinary hearing in front of Director of Public Safety Michael McGrath.
Patrol Officer Edwin Powell faces assault, menacing and interfering with civil rights charges stemming from allegations of misconduct against a prisoner while Powell was working secondary employment, Police Chief Calvin Williams said in a department release.
Powell received a summons and is scheduled to appear in Cleveland Municipal Court at 8:30 a.m. March 11. The department's Internal Affairs Unit investigated the allegations, and sent their findings to the city prosecutors, who filed the charges Friday.
Police would not release any more information about the incident tied to the charges.
Powell will be placed on administrative duties pending a disciplinary hearing in front of Director of Public Safety Michael McGrath.
Wednesday, May 09, 2012
Joe Arpaio Facing Justice Department Lawsuit Over Alleged Civil Rights Violations
Federal authorities said Wednesday that they plan to sue Arizona
sheriff Joe Arpaio and his office over allegations of civil rights
violations, including the racial profiling of Latinos.
The U.S. Justice Department has been seeking an agreement requiring Arpaio's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and reach out to Latinos to assure them that the department is there to also protect them.
Arpaio has denied the racial profiling allegations and has claimed that allowing a court monitor would mean that every policy decision would have to be cleared through an observer and would nullify his authority.
DOJ officials told a lawyer for Arpaio on April 3 that the lawman's refusal of a court-appointed monitor was a deal-breaker that would end settlement negotiations and result in a federal lawsuit.
The "notice of intent to file civil action" came Wednesday from Assistant U.S. Attorney General Thomas Perez in a letter to an Arpaio lawyer.
Perez, who heads the DOJ's civil rights division, noted that it's been more than 100 days since the sheriff's office received the DOJ's findings report and federal authorities haven't met with the Maricopa County Sheriff's Office counsel since Feb. 6 to discuss the terms of a consent agreement.
At a news conference Wednesday afternoon, Arpaio defended himself in the face of the pending lawsuit.
"If they sue, we'll go to court. And then we'll find out the real story," he said. "There's lots of miscommunication emanating from Washington. They broke off communications.
"They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that," Arpaio added.
Last
December, the DOJ released a scathing report accusing Arpaio's office
of racially profiling Latinos, basing immigration enforcement on
racially charged citizen complaints and punishing Hispanic jail inmates
for speaking Spanish in Arizona's most populous county.
The DOJ also accused Arpaio of having a culture of disregard for basic constitutional rights.
The civil rights allegations have led some Arpaio critics to call for his resignation, including the National Council of La Raza, a prominent advocacy group for Latinos.
The sheriff's office also is facing criticism over more than 400 sex-crimes investigations – including dozens of alleged child molestations – that hadn't been investigated adequately or weren't examined at all over a three-year period ending in 2007.
Arpaio has apologized for the botched cases, reopened 432 sex-crimes investigations and made 19 arrests.
Separate from the civil rights probe, a federal grand jury has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009. That grand jury is examining the investigative work of the sheriff's anti-public corruption squad.
The self-proclaimed toughest sheriff in America has been a national political fixture who has built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime and pushing the bounds of how far local police can go to confront illegal immigration
The U.S. Justice Department has been seeking an agreement requiring Arpaio's office to train officers in how to make constitutional traffic stops, collect data on people arrested in traffic stops and reach out to Latinos to assure them that the department is there to also protect them.
Arpaio has denied the racial profiling allegations and has claimed that allowing a court monitor would mean that every policy decision would have to be cleared through an observer and would nullify his authority.
DOJ officials told a lawyer for Arpaio on April 3 that the lawman's refusal of a court-appointed monitor was a deal-breaker that would end settlement negotiations and result in a federal lawsuit.
The "notice of intent to file civil action" came Wednesday from Assistant U.S. Attorney General Thomas Perez in a letter to an Arpaio lawyer.
Perez, who heads the DOJ's civil rights division, noted that it's been more than 100 days since the sheriff's office received the DOJ's findings report and federal authorities haven't met with the Maricopa County Sheriff's Office counsel since Feb. 6 to discuss the terms of a consent agreement.
At a news conference Wednesday afternoon, Arpaio defended himself in the face of the pending lawsuit.
"If they sue, we'll go to court. And then we'll find out the real story," he said. "There's lots of miscommunication emanating from Washington. They broke off communications.
"They're telling me how to run my organization. I'd like to get this resolved, but I'm not going to give up my authority to the federal government. It's as simple as that," Arpaio added.
The DOJ also accused Arpaio of having a culture of disregard for basic constitutional rights.
The civil rights allegations have led some Arpaio critics to call for his resignation, including the National Council of La Raza, a prominent advocacy group for Latinos.
The sheriff's office also is facing criticism over more than 400 sex-crimes investigations – including dozens of alleged child molestations – that hadn't been investigated adequately or weren't examined at all over a three-year period ending in 2007.
Arpaio has apologized for the botched cases, reopened 432 sex-crimes investigations and made 19 arrests.
Separate from the civil rights probe, a federal grand jury has been investigating Arpaio's office on criminal abuse-of-power allegations since at least December 2009. That grand jury is examining the investigative work of the sheriff's anti-public corruption squad.
The self-proclaimed toughest sheriff in America has been a national political fixture who has built his reputation on jailing inmates in tents and dressing them in pink underwear, selling himself to voters as unceasingly tough on crime and pushing the bounds of how far local police can go to confront illegal immigration
Wednesday, February 24, 2010
David Baker Files Lawsuit Against Officers for Violating His Civil Rights
An Ambridge man says a borough police officer beat him in a holding cell and jammed a gun into his mouth last year, then other officers tried to cover up the assault.
Claiming civil rights violations, David A. Baker, 41, of 614 Melrose Ave. has sued the borough, Police Chief Mark Romutis, officers Richard Heitzenrater, Robert Kuzma Jr. and Michael Slawianowski, and former Borough Manager Kristen Denne.
Heitzenrater and Kuzma are already facing federal criminal charges related to the incident.
According to Beaver County court records, Slawianowski arrested Baker around 4 p.m. Feb. 20, 2009, at 10th Street and Glenwood Avenue after an 8-year-old and a 10-year-old reported that Baker had urinated on a sidewalk across the street from them.
The children reported the incident to a parent; one of the children is a grandchild of Heitzenrater.
Slawianowski said Baker was drunk, disheveled and apparently had soiled himself. Once at the borough police station, Baker refused to get out of the police car, and “officers then grabbed Baker by his jacket and pulled him from the back seat of the patrol car. Once outside the car, Baker fell directly to the ground and refused to stand up.”
Slawianowski also said, “Officers then drug Baker by his jacket into the police garage and then inside the police station,” where he was searched and put in a holding cell.
According to the federal lawsuit, written by Pittsburgh attorney Tony J. Thompson, Slawianowski and Kuzma told Heitzenrater, who had been off-duty, of Baker’s arrest, and he went to the police station. There, according to the suit, Heitzenrater entered the holding cell and hit and kneed Baker in the head and body.
Heitzenrater also “assaulted and terrorized (Baker) by placing the barrel of a firearm into his mouth, thereby threatening him with grave bodily harm and death,” Thompson said.
The lawsuit also alleges that other borough employees didn’t stop the assault and then “conspired to destroy physical evidence capturing the incident, and/or falsified written reports regarding the incident.”
Thompson said Kuzma and Slawianowski allowed Heitzenrater to enter the cell and Heitzenrater and Kuzma, who also had been off-duty, destroyed surveillance video showing the attack.
Thompson also said that “Heitzenrater and other officers of the Ambridge Police Department have a history of acting erratically, violently and with excessive force, and in abusing their authority as police officers.” The borough has been sued by others in the past, accusing officers of violating their civil rights.
Thompson said in the suit that Romutis and Denne “knew or should have known that (Heitzenrater) was not fit to be a sergeant of the Ambridge police.”
Baker suffered severe head injuries and continues to suffer after-effects from the attack, according to the lawsuit.
In November, Baker pleaded no contest to single counts of open lewdness and disorderly conduct and was sentenced to one year’s probation in Beaver County Court. Baker could not be reached for comment Wednesday.
Last year, his attorney on those charges, Gerald Benyo, said Baker was in an alcohol rehabilitation program. He added that Baker had about $30,000 in unpaid medical bills related to the beating.
In August, the U.S. attorney’s office charged Heitzenrater and Kuzma with obstruction of an official proceeding and conspiracy to obstruct an official proceeding. Heitzenrater was also charged with deprivation of civil rights, while Kuzma additionally was charged with accessory after the fact.
The allegations in the criminal case are similar to the lawsuit, with Heitzenrater accused of beating Baker, and then he and Kuzma working the next day to destroy surveillance footage.
Heitzenrater retired from the Ambridge force last spring. Kuzma, with the rank of lieutenant, was suspended without pay, but collected unemployment from the borough.
Slawianowski has left Ambridge and now works as a Leetsdale police officer. Denne resigned as borough manager in January and now works in Johnstown.
Heitzenrater’s attorney, James Ross of Ambridge, said Wednesday he was moving forward with the criminal case “and we have a defense to it,” but would not comment further.
Kuzma’s attorney, Mark Lancaster of Pittsburgh, could not be reached for comment Wednesday. Romutis wasn’t available for comment Wednesday.
Claiming civil rights violations, David A. Baker, 41, of 614 Melrose Ave. has sued the borough, Police Chief Mark Romutis, officers Richard Heitzenrater, Robert Kuzma Jr. and Michael Slawianowski, and former Borough Manager Kristen Denne.
Heitzenrater and Kuzma are already facing federal criminal charges related to the incident.
According to Beaver County court records, Slawianowski arrested Baker around 4 p.m. Feb. 20, 2009, at 10th Street and Glenwood Avenue after an 8-year-old and a 10-year-old reported that Baker had urinated on a sidewalk across the street from them.
The children reported the incident to a parent; one of the children is a grandchild of Heitzenrater.
Slawianowski said Baker was drunk, disheveled and apparently had soiled himself. Once at the borough police station, Baker refused to get out of the police car, and “officers then grabbed Baker by his jacket and pulled him from the back seat of the patrol car. Once outside the car, Baker fell directly to the ground and refused to stand up.”
Slawianowski also said, “Officers then drug Baker by his jacket into the police garage and then inside the police station,” where he was searched and put in a holding cell.
According to the federal lawsuit, written by Pittsburgh attorney Tony J. Thompson, Slawianowski and Kuzma told Heitzenrater, who had been off-duty, of Baker’s arrest, and he went to the police station. There, according to the suit, Heitzenrater entered the holding cell and hit and kneed Baker in the head and body.
Heitzenrater also “assaulted and terrorized (Baker) by placing the barrel of a firearm into his mouth, thereby threatening him with grave bodily harm and death,” Thompson said.
The lawsuit also alleges that other borough employees didn’t stop the assault and then “conspired to destroy physical evidence capturing the incident, and/or falsified written reports regarding the incident.”
Thompson said Kuzma and Slawianowski allowed Heitzenrater to enter the cell and Heitzenrater and Kuzma, who also had been off-duty, destroyed surveillance video showing the attack.
Thompson also said that “Heitzenrater and other officers of the Ambridge Police Department have a history of acting erratically, violently and with excessive force, and in abusing their authority as police officers.” The borough has been sued by others in the past, accusing officers of violating their civil rights.
Thompson said in the suit that Romutis and Denne “knew or should have known that (Heitzenrater) was not fit to be a sergeant of the Ambridge police.”
Baker suffered severe head injuries and continues to suffer after-effects from the attack, according to the lawsuit.
In November, Baker pleaded no contest to single counts of open lewdness and disorderly conduct and was sentenced to one year’s probation in Beaver County Court. Baker could not be reached for comment Wednesday.
Last year, his attorney on those charges, Gerald Benyo, said Baker was in an alcohol rehabilitation program. He added that Baker had about $30,000 in unpaid medical bills related to the beating.
In August, the U.S. attorney’s office charged Heitzenrater and Kuzma with obstruction of an official proceeding and conspiracy to obstruct an official proceeding. Heitzenrater was also charged with deprivation of civil rights, while Kuzma additionally was charged with accessory after the fact.
The allegations in the criminal case are similar to the lawsuit, with Heitzenrater accused of beating Baker, and then he and Kuzma working the next day to destroy surveillance footage.
Heitzenrater retired from the Ambridge force last spring. Kuzma, with the rank of lieutenant, was suspended without pay, but collected unemployment from the borough.
Slawianowski has left Ambridge and now works as a Leetsdale police officer. Denne resigned as borough manager in January and now works in Johnstown.
Heitzenrater’s attorney, James Ross of Ambridge, said Wednesday he was moving forward with the criminal case “and we have a defense to it,” but would not comment further.
Kuzma’s attorney, Mark Lancaster of Pittsburgh, could not be reached for comment Wednesday. Romutis wasn’t available for comment Wednesday.
Wednesday, February 17, 2010
Former Detention Officer Denita Shaw Pleads Guilty to Beating Handcuffed Inmate
A former Fulton County Sheriff’s Detention Officer pleaded guilty on Wednesday to a civil rights violation at the Fulton County Jail for beating a handcuffed inmate with a milk crate.
Denita Renae Shaw, 41, of Smyrna, Ga., was a detention officer at the Fulton County Jail. On Jan. 26, 2009, she used excessive force against the inmate and was fired because of the incident.
The felony charge brings a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is set for May 4.
“The inhumane treatment of persons in custody must cease,” Fulton County Sheriff Ted Jackson said in a prepared statement. “This case continues to show that excessive force and the disregard of policies and procedures at the Fulton County Jail will not be tolerated. When the civil rights of inmates are violated, we will pursue criminal charges and coordinate with federal authorities to prosecute the perpetrators to the fullest extent of the law.”
Denita Renae Shaw, 41, of Smyrna, Ga., was a detention officer at the Fulton County Jail. On Jan. 26, 2009, she used excessive force against the inmate and was fired because of the incident.
The felony charge brings a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is set for May 4.
“The inhumane treatment of persons in custody must cease,” Fulton County Sheriff Ted Jackson said in a prepared statement. “This case continues to show that excessive force and the disregard of policies and procedures at the Fulton County Jail will not be tolerated. When the civil rights of inmates are violated, we will pursue criminal charges and coordinate with federal authorities to prosecute the perpetrators to the fullest extent of the law.”
Saturday, February 13, 2010
Former Officer Donald Carr Arrested for Theft
Authorities say the Georgia Bureau of Investigation has arrested a former Madison County investigator on charges of theft by taking, tampering with evidence and violation of his oath of office.
Madison County Chief Deputy Shawn Burns says Donald Glenn Carr is suspected of taking evidence from an evidence locker. Burns says Carr was booked into the Madison County Jail on Monday and released on $10,000 bond.
The Athens Banner-Herald reports that Burns says Carr resigned from sheriff’s office at the end of September, citing personal problems. He says that after Carr left, investigators discovered that evidence from Carr’s cases was missing.
Burns would not say what kind of evidence Carr is suspected of taking.
Madison County Chief Deputy Shawn Burns says Donald Glenn Carr is suspected of taking evidence from an evidence locker. Burns says Carr was booked into the Madison County Jail on Monday and released on $10,000 bond.
The Athens Banner-Herald reports that Burns says Carr resigned from sheriff’s office at the end of September, citing personal problems. He says that after Carr left, investigators discovered that evidence from Carr’s cases was missing.
Burns would not say what kind of evidence Carr is suspected of taking.
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.
Friday, January 01, 2010
Harold Ricky Hughes Suing Police for Violating his Civil Rights
An Oklahoma Borough man is suing Vandergrift police for allegedly violating his civil rights in July 2007.
The federal lawsuit by Harold R. "Ricky" Hughes, of Thorne Street, was filed last month in the Westmoreland County Prothonotary's office in Greensburg and recently transferred to federal court in Pittsburgh.
In 2007 and until last month, Vandergrift provided police service for Oklahoma.
That borough voted last month to end police coverage by Vandergrift and relies on state police for patrols.
Hughes alleges that he saw Vandergrift police Sgt. Steve Callipare twice on one day fail to stop at two stop signs near the Hughes home. Hughes said he motioned for Callipare to pull over, and the officer pulled over and opened his window.
According to the suit, Hughes asked Callipare "if he thought he was above the law," and the men exchanged swear words.
Hughes claims the sergeant handcuffed him and put him into the police car. At the police station in Vandergrift, Callipare "grabbed Hughes by the back of his collar with force, hit him in the head and told him to move towards the police station," according to the lawsuit.
Hughes was charged with disorderly conduct.
At a preliminary hearing in October 2007, all state charges against Hughes were dismissed.
District Judge Bernice McCutcheon dismissed the disorderly conduct charge, but told Hughes he had other options rather than calling the officer over in what she termed a "ballsy move."
She said Hughes should have called the police chief to complain about the officer's driving rather than confront him.
In the lawsuit, Hughes' attorney Craig H. Alexander asserts the incident violated Hughes' free speech rights and the right protecting him from unreasonable search and seizure.
He alleges that Callipare and police Chief Joseph Caporali were "deliberately indifferent" to citizens' rights.
Defense counsel Paul D. Krepps said the case is properly in federal court.
"In this case, whether there was a conviction or not is irrelevant," Krepps said. "The issue is if there was probable cause for the officer to make the arrest. That will be up to a judge or jury to decide."
Krepps, who was a police officer in Pennsylvania and Florida before becoming an attorney, specializes in civil rights cases and was hired by the borough's insurance company.
The federal lawsuit by Harold R. "Ricky" Hughes, of Thorne Street, was filed last month in the Westmoreland County Prothonotary's office in Greensburg and recently transferred to federal court in Pittsburgh.
In 2007 and until last month, Vandergrift provided police service for Oklahoma.
That borough voted last month to end police coverage by Vandergrift and relies on state police for patrols.
Hughes alleges that he saw Vandergrift police Sgt. Steve Callipare twice on one day fail to stop at two stop signs near the Hughes home. Hughes said he motioned for Callipare to pull over, and the officer pulled over and opened his window.
According to the suit, Hughes asked Callipare "if he thought he was above the law," and the men exchanged swear words.
Hughes claims the sergeant handcuffed him and put him into the police car. At the police station in Vandergrift, Callipare "grabbed Hughes by the back of his collar with force, hit him in the head and told him to move towards the police station," according to the lawsuit.
Hughes was charged with disorderly conduct.
At a preliminary hearing in October 2007, all state charges against Hughes were dismissed.
District Judge Bernice McCutcheon dismissed the disorderly conduct charge, but told Hughes he had other options rather than calling the officer over in what she termed a "ballsy move."
She said Hughes should have called the police chief to complain about the officer's driving rather than confront him.
In the lawsuit, Hughes' attorney Craig H. Alexander asserts the incident violated Hughes' free speech rights and the right protecting him from unreasonable search and seizure.
He alleges that Callipare and police Chief Joseph Caporali were "deliberately indifferent" to citizens' rights.
Defense counsel Paul D. Krepps said the case is properly in federal court.
"In this case, whether there was a conviction or not is irrelevant," Krepps said. "The issue is if there was probable cause for the officer to make the arrest. That will be up to a judge or jury to decide."
Krepps, who was a police officer in Pennsylvania and Florida before becoming an attorney, specializes in civil rights cases and was hired by the borough's insurance company.
Thursday, December 17, 2009
Pennsylvania Officers Accused of Cover-up Face Lawsuit
A police chief charged with trying to cover up the fatal beating of a Mexican immigrant by white teenagers was named in a 2006 civil suit that made a startling claim: Borough police beat to death a Hispanic teenager, then hung him from the bars of his holding cell to make it appear a suicide.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
Friday, December 11, 2009
Former Detention Officer Denita Shaw Arraigned for Hitting Inmate with Milk Crate
A former Fulton County Sheriff’s detention officer from Smyrna, Ga., was arraigned Friday on civil rights violation charges for allegedly hitting a Fulton County Jail inmate with a milk crate.
Denita Renae Shaw, 41, also was released on non-monetary bond conditions set by the court. She faces up to 10 years and a fine of up to $250,000.
“This detention officer was fired and our office is cooperating fully in this prosecution,” Fulton County Sheriff Ted Jackson said in a statement. “We are continuing to work with the FBI to investigate any and all violations within the jail, and anyone with information about any other abuses should contact our office or the FBI.”
On Jan. 26, Shaw, working as a detention officer at the jail, allegedly used excessive force when she struck a handcuffed inmate with a milk crate at the Fulton County Jail. The indictment alleges the assault violated the inmate’s constitutional right not to be deprived of liberty without due process of law.
Shaw was indicted by a federal grand jury on the charge on Dec. 8, 2009.
Denita Renae Shaw, 41, also was released on non-monetary bond conditions set by the court. She faces up to 10 years and a fine of up to $250,000.
“This detention officer was fired and our office is cooperating fully in this prosecution,” Fulton County Sheriff Ted Jackson said in a statement. “We are continuing to work with the FBI to investigate any and all violations within the jail, and anyone with information about any other abuses should contact our office or the FBI.”
On Jan. 26, Shaw, working as a detention officer at the jail, allegedly used excessive force when she struck a handcuffed inmate with a milk crate at the Fulton County Jail. The indictment alleges the assault violated the inmate’s constitutional right not to be deprived of liberty without due process of law.
Shaw was indicted by a federal grand jury on the charge on Dec. 8, 2009.
Thursday, December 10, 2009
Officer John Douglas Accused of Brutally Beating Teen
A Rhode Island police officer was arrested Thursday, accused of brutally beating a teenage boy and then encouraging fellow officers to lie about it to the FBI.
Woonsocket police Officer John H. Douglas pleaded not guilty in federal court to charges of violating a person’s civil rights and obstruction of justice. He was released on $10,000 unsecured bond.
He did not speak during his brief arraignment. But his lawyer defended him afterward, saying he was “a model policeman.“
In September, the FBI launched an investigation after the 16-year-old boy appeared in state juvenile court severely injured and said several police officers beat him up.
Chief Family Court Judge Jeremiah S. Jeremiah said at the time that the boy had a boot mark on his back and that one of his eyes was swollen shut. The boy’s lawyer, Robert Laren, said the boy suffered a broken eye socket, was shot by a stun gun and had been badly beaten in the police station.
“It shouldn’t have happened. I’m upset that it happened,“ Jeremiah told The Associated Press on Thursday.
The indictment, handed down Wednesday, said Douglas punched and struck a 16-year-old juvenile Sept. 15. It did not go into other detail, and the U.S. Attorney’s Office would not say if other officers would be indicted. The two counts together carry a maximum 30-year sentence.
The boy has not been identified because he is a juvenile.
Cliff Montiero, the Providence NAACP president who had called for the FBI investigation, said he was pleased with the charges and hoped other officers who may have been involved would be held accountable.
“If one person was charged, it’s better than what we’ve gotten historically” in other cases of alleged police abuse, Montiero said. “I’m happy that we have one, this is unusual - that a police officer is being charged by doing something that’s disrespectful to the uniform that he wears.“
Douglas, 34, of Blackstone, Mass., has been with the Woonsocket police department for five years and spent four years in the Marine Corps before being honorably discharged, his lawyer Peter DiBiase said.
“Excellent family man, excellent husband. I think that speaks for his version of facts,“ DiBiase told NBC 10.
Douglas remains on unpaid administrative leave, where he was placed after the allegations were made, said Woonsocket police spokesman Detective Lt. Eugene Jalette.
Jalette previously said the boy was acting suspiciously when the police stopped him. An officer recognized the boy as having escaped from a probation program. When officers tried to arrest him, the teenager threw one of them to the ground, splitting the officer’s lip, Jalette said in September.
He said there was a foot chase and a struggle, then the boy was taken to a hospital for injuries that officers described as minor. Afterward, the boy was taken to the police station and then turned over to the custody of the state agency that runs the probation program.
Montiero and Laren said the boy told them he was beaten by several officers during the arrest and then twice more at the police station.
The boy is black and Douglas is white. Montiero, a former Providence police officer, said he did not know if race played a role in the alleged beating, but said blacks historically have not been treated well by police in the state.
Woonsocket police Officer John H. Douglas pleaded not guilty in federal court to charges of violating a person’s civil rights and obstruction of justice. He was released on $10,000 unsecured bond.
He did not speak during his brief arraignment. But his lawyer defended him afterward, saying he was “a model policeman.“
In September, the FBI launched an investigation after the 16-year-old boy appeared in state juvenile court severely injured and said several police officers beat him up.
Chief Family Court Judge Jeremiah S. Jeremiah said at the time that the boy had a boot mark on his back and that one of his eyes was swollen shut. The boy’s lawyer, Robert Laren, said the boy suffered a broken eye socket, was shot by a stun gun and had been badly beaten in the police station.
“It shouldn’t have happened. I’m upset that it happened,“ Jeremiah told The Associated Press on Thursday.
The indictment, handed down Wednesday, said Douglas punched and struck a 16-year-old juvenile Sept. 15. It did not go into other detail, and the U.S. Attorney’s Office would not say if other officers would be indicted. The two counts together carry a maximum 30-year sentence.
The boy has not been identified because he is a juvenile.
Cliff Montiero, the Providence NAACP president who had called for the FBI investigation, said he was pleased with the charges and hoped other officers who may have been involved would be held accountable.
“If one person was charged, it’s better than what we’ve gotten historically” in other cases of alleged police abuse, Montiero said. “I’m happy that we have one, this is unusual - that a police officer is being charged by doing something that’s disrespectful to the uniform that he wears.“
Douglas, 34, of Blackstone, Mass., has been with the Woonsocket police department for five years and spent four years in the Marine Corps before being honorably discharged, his lawyer Peter DiBiase said.
“Excellent family man, excellent husband. I think that speaks for his version of facts,“ DiBiase told NBC 10.
Douglas remains on unpaid administrative leave, where he was placed after the allegations were made, said Woonsocket police spokesman Detective Lt. Eugene Jalette.
Jalette previously said the boy was acting suspiciously when the police stopped him. An officer recognized the boy as having escaped from a probation program. When officers tried to arrest him, the teenager threw one of them to the ground, splitting the officer’s lip, Jalette said in September.
He said there was a foot chase and a struggle, then the boy was taken to a hospital for injuries that officers described as minor. Afterward, the boy was taken to the police station and then turned over to the custody of the state agency that runs the probation program.
Montiero and Laren said the boy told them he was beaten by several officers during the arrest and then twice more at the police station.
The boy is black and Douglas is white. Montiero, a former Providence police officer, said he did not know if race played a role in the alleged beating, but said blacks historically have not been treated well by police in the state.
Officer John Douglas Accused of Beating 16-year-old
A Rhode Island police officer, accused of beating a 16-year-old boy, then encouraging fellow officers to lie about it to the FBI, maintains his innocence.
Woonsocket Officer John H. Douglas pleaded not guilty Thursday in Providence to charges of violating a person's civil rights and obstruction of justice.
The charges stem from an FBI investigation launched in September after the 16-year-old boy appeared in a juvenile court severely injured and said several police officers beat him up. The judge in that case said one of the teenager's eyes was swollen shut.
Woonsocket police say the boy was wanted for escape from a probation program and he suffered minor injuries during a struggle with arresting officers.
Woonsocket Officer John H. Douglas pleaded not guilty Thursday in Providence to charges of violating a person's civil rights and obstruction of justice.
The charges stem from an FBI investigation launched in September after the 16-year-old boy appeared in a juvenile court severely injured and said several police officers beat him up. The judge in that case said one of the teenager's eyes was swollen shut.
Woonsocket police say the boy was wanted for escape from a probation program and he suffered minor injuries during a struggle with arresting officers.
Thursday, October 22, 2009
Former Officer Matthew Leavitt Sentenced to Two Years in Federal Prison
A former Montgomery police officer was sentenced Thursday to spend two years in federal prison after an earlier guilty plea of violating the civil rights of a mixed race couple.
Matthew Leavitt, 31, of South Charleston was also sentenced to two years of supervised release following his prison term.
U.S. District Judge Joseph Goodwin called the case "disturbing" and said Leavitt's behavior "shocked my conscience."
Leavitt arrested Lauren Reynolds on Sept. 26, 2008 and charged her with DUI even though a Breathalyzer test showed she didn't have any alcohol in her system. He also admitted to striking Twan Reynolds several times with a slapjack, an unauthorized weapon, using unreasonable force.
Judge Goodwin said at Thursday's sentencing that more than 20 complaints had been filed against Leavitt alleging illegal searches and arrests. Black men made the complaints or white women who were dating black men.
Leavitt had to surrender his law enforcement certification as part of a plea agreement with federal prosecutors.
Goodwin also said during the hearing that Leavitt “terrorized” the victims’ family, “disgraced his uniform,” and “harmed the community” by diminishing the community’s trust in the police.
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http://wvgazette.com/News/200910220841
Matthew Leavitt, 31, of South Charleston was also sentenced to two years of supervised release following his prison term.
U.S. District Judge Joseph Goodwin called the case "disturbing" and said Leavitt's behavior "shocked my conscience."
Leavitt arrested Lauren Reynolds on Sept. 26, 2008 and charged her with DUI even though a Breathalyzer test showed she didn't have any alcohol in her system. He also admitted to striking Twan Reynolds several times with a slapjack, an unauthorized weapon, using unreasonable force.
Judge Goodwin said at Thursday's sentencing that more than 20 complaints had been filed against Leavitt alleging illegal searches and arrests. Black men made the complaints or white women who were dating black men.
Leavitt had to surrender his law enforcement certification as part of a plea agreement with federal prosecutors.
Goodwin also said during the hearing that Leavitt “terrorized” the victims’ family, “disgraced his uniform,” and “harmed the community” by diminishing the community’s trust in the police.
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http://wvgazette.com/News/200910220841
Sunday, October 04, 2009
Police Brutality Could Cost Milwaukee $3 Million
In what could be the biggest police brutality settlement in Milwaukee history, City Attorney Grant Langley is recommending the city pay $3 million to a man who was paralyzed after his 2003 arrest.
The officer accused in the beating was later fired for covering up an incident in which he and other officers went sledding on duty.
If the Common Council agrees, the city would have to borrow the money to settle the federal civil rights lawsuit filed by Curtis Harris. Two council committees will consider the deal this week.
In December 2003, Officer Kevin Clark and his partner, Officer Joseph Schankey, arrested Harris at his sister's home after he was accused of threatening her and her children. Harris previously had been convicted of obstructing police. The officers also reported Harris was drunk, an allegation he denied.
While Harris was being booked at the 3rd District police station, Clark threw him to the floor. Clark claimed Harris was about to take a swing at him. Harris said that wasn't possible because Clark was behind him.
In his lawsuit, Harris alleged that Clark slammed Harris' head into a wall and drove his knee into Harris' back. As a result, Harris said he became a quadriplegic for life. He filed suit against Clark, Schankey and the city.
Less than two months after arresting Harris, Clark became entangled in a separate incident that eventually cost him his job.
In late January 2004, he and other officers working on the 3rd District late shift decided to go sledding at Calvary Cemetery on W. Blue Mound Road. Clark crashed his sled and broke several ribs.
A sergeant in the group then ordered the officers to devise a coverup, in which they claimed Clark was injured while pursuing a burglary suspect. The sergeant even recommended Clark for a commendation, which was never awarded.
Clark collected $11,485 in worker's compensation before the scam was exposed. He pleaded guilty to insurance fraud, was fined $500 and fired by then-Police Chief Nannette Hegerty. The sergeant was convicted of misconduct in public office and resigned, and another officer involved in the coverup was convicted of obstructing justice and fired.
Langley said Clark's disciplinary record would have led to questions about his credibility if he had to testify before a jury.
With future medical expenses for Harris projected at more than $4 million, Langley said he was concerned jurors might award Harris more than the $3 million proposed in the settlement.
Langley said this would be the largest settlement of an excessive-force suit that he can recall in the 38 years he has worked for the city attorney's office, including 25 years in his current post.
The Harris settlement would be almost twice the $1.6 million that the city paid last year in a settlement with the family of Justin Fields, who was shot and killed while fleeing police in 2003. The family of Daniel Bell, who was killed by police in a 1958 incident that was covered up for 20 years, won $1.6 million in a jury trial.
Among other cases, the Harris settlement would be nearly as much as the $3.2 million total that the city paid in two separate 2007 reverse-discrimination settlements with 28 current and former police lieutenants who accused former Police Chief Arthur Jones of refusing to promote them to captain because they are white men.
But a much higher-profile police brutality case is still working its way through the courts. Frank Jude Jr. is seeking $30 million in a federal civil rights lawsuit against the city and eight former officers linked to his beating at a 2004 Bay View party.
Six of those officers have been convicted of criminal civil rights violations, including five who were fired and one who resigned. A seventh officer was acquitted and reinstated, and the eighth was never charged.
The officer accused in the beating was later fired for covering up an incident in which he and other officers went sledding on duty.
If the Common Council agrees, the city would have to borrow the money to settle the federal civil rights lawsuit filed by Curtis Harris. Two council committees will consider the deal this week.
In December 2003, Officer Kevin Clark and his partner, Officer Joseph Schankey, arrested Harris at his sister's home after he was accused of threatening her and her children. Harris previously had been convicted of obstructing police. The officers also reported Harris was drunk, an allegation he denied.
While Harris was being booked at the 3rd District police station, Clark threw him to the floor. Clark claimed Harris was about to take a swing at him. Harris said that wasn't possible because Clark was behind him.
In his lawsuit, Harris alleged that Clark slammed Harris' head into a wall and drove his knee into Harris' back. As a result, Harris said he became a quadriplegic for life. He filed suit against Clark, Schankey and the city.
Less than two months after arresting Harris, Clark became entangled in a separate incident that eventually cost him his job.
In late January 2004, he and other officers working on the 3rd District late shift decided to go sledding at Calvary Cemetery on W. Blue Mound Road. Clark crashed his sled and broke several ribs.
A sergeant in the group then ordered the officers to devise a coverup, in which they claimed Clark was injured while pursuing a burglary suspect. The sergeant even recommended Clark for a commendation, which was never awarded.
Clark collected $11,485 in worker's compensation before the scam was exposed. He pleaded guilty to insurance fraud, was fined $500 and fired by then-Police Chief Nannette Hegerty. The sergeant was convicted of misconduct in public office and resigned, and another officer involved in the coverup was convicted of obstructing justice and fired.
Langley said Clark's disciplinary record would have led to questions about his credibility if he had to testify before a jury.
With future medical expenses for Harris projected at more than $4 million, Langley said he was concerned jurors might award Harris more than the $3 million proposed in the settlement.
Langley said this would be the largest settlement of an excessive-force suit that he can recall in the 38 years he has worked for the city attorney's office, including 25 years in his current post.
The Harris settlement would be almost twice the $1.6 million that the city paid last year in a settlement with the family of Justin Fields, who was shot and killed while fleeing police in 2003. The family of Daniel Bell, who was killed by police in a 1958 incident that was covered up for 20 years, won $1.6 million in a jury trial.
Among other cases, the Harris settlement would be nearly as much as the $3.2 million total that the city paid in two separate 2007 reverse-discrimination settlements with 28 current and former police lieutenants who accused former Police Chief Arthur Jones of refusing to promote them to captain because they are white men.
But a much higher-profile police brutality case is still working its way through the courts. Frank Jude Jr. is seeking $30 million in a federal civil rights lawsuit against the city and eight former officers linked to his beating at a 2004 Bay View party.
Six of those officers have been convicted of criminal civil rights violations, including five who were fired and one who resigned. A seventh officer was acquitted and reinstated, and the eighth was never charged.
Friday, October 02, 2009
Sgt. Jason McGinness Indicted for Stealing at Traffic Stop
A Clay County grand jury has indicted a former Claycomo police sergeant, alleging he stole more than $500 from a Spanish-speaking worker during a vehicle stop last July.
The jury indicted Jason McGinness on Sept. 22, police said Thursday. A language barrier delayed the investigation, according to Police Chief Matt Coonce.
The victim lives in Laredo, Texas, and travels throughout the country constructing grain elevators. Police also interviewed people who were traveling with him at the time.
McGinness was fired after an initial investigation found he had violated the workers’ civil rights, Coonce said.
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http://www.kctv5.com/news/21179991/detail.html
The jury indicted Jason McGinness on Sept. 22, police said Thursday. A language barrier delayed the investigation, according to Police Chief Matt Coonce.
The victim lives in Laredo, Texas, and travels throughout the country constructing grain elevators. Police also interviewed people who were traveling with him at the time.
McGinness was fired after an initial investigation found he had violated the workers’ civil rights, Coonce said.
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http://www.kctv5.com/news/21179991/detail.html
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