A lawsuit will be announced today against Suffolk County, the district attorney's office and five police officers investigated but not charged in the death of a Bay Shore man beaten with flashlights, attorneys for the man's family said yesterday.
Kenny Lazo, 24, died on April 12 after a violent altercation with Suffolk police officers during a traffic stop on the shoulder of the Robert Moses Causeway.
Hempstead attorney Frederick K. Brewington said the lawsuit, which he plans to file in federal court in Central Islip and will announce today at his office, will allege wrongful death, battery and civil rights violations. Lazo's mother, Patricia Gonzalez, and his son's mother, Jennifer Gonzalez, will be the plaintiffs.
A grand jury convened by District Attorney Thomas Spota decided not to indict the officers in November. At the time, Spota's office said police used "necessary force" on Lazo.
A police investigation found Lazo fled on foot, was tackled by an officer and then tried to grab an officer's gun. He was beaten with flashlights and then taken to the 3rd precinct in Bay Shore where he passed out, police said. He was later pronounced dead at a hospital.
County Attorney Christine Malafi said yesterday: "The county again extends its sympathies to the Lazo family, but we stand behind the actions of our police officers, sergeants and detectives and district attorney's office in connection with this matter."
Spota's office, the police department and the officers - Sgt. James Scimone, Officers William Judge and Joseph Link and Dets. John Newton and Christopher Talt - referred questions to Malafi.
The United States Attorney's Office for the Eastern District continues to monitor the case, a spokesman said.
Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts
Thursday, March 12, 2009
Wednesday, November 05, 2008
Investigation Continues into Death of Woman at the Hand of the Police
Atlanta, the death of a 92-year-old woman at the hand of police has sparked yet another investigation.
While the federal probe is over and three former Atlanta police officers are serving time for crimes stemming from the botched drug raid that led to the Kathryn Johnston's death in November 2006, Atlanta Police Chief Richard Pennington is creating a special task force to find out whether any other officers violated police procedures related to the drug raid that resulted in Johnston's death, the chief said in a statement Tuesday.
"Following this task force's investigation, it will make recommendations directly to me as to any administrative action which should be taken against any other members of this department," Pennington wrote.
The announcement came the day after the FBI turned over a report to the Police Department — the contents of where not made public, reports The Atlanta-Constitution. Pennington said in his statement that no other federal charges are anticipated, but federal authorities did indicate last week that the report was going to address other issues.
Johnston died when policed barged into her home with guns blazing as part of a drug raid at the wrong address. They shot her as she brandished her own gun, possibly thinking she was being robbed. U.S. Attorney David Nahmias said it would make recommendations that could lead to state prosecutions or administrative discipline for other officers who played a role in the raid.
While the federal probe is over and three former Atlanta police officers are serving time for crimes stemming from the botched drug raid that led to the Kathryn Johnston's death in November 2006, Atlanta Police Chief Richard Pennington is creating a special task force to find out whether any other officers violated police procedures related to the drug raid that resulted in Johnston's death, the chief said in a statement Tuesday.
"Following this task force's investigation, it will make recommendations directly to me as to any administrative action which should be taken against any other members of this department," Pennington wrote.
The announcement came the day after the FBI turned over a report to the Police Department — the contents of where not made public, reports The Atlanta-Constitution. Pennington said in his statement that no other federal charges are anticipated, but federal authorities did indicate last week that the report was going to address other issues.
Johnston died when policed barged into her home with guns blazing as part of a drug raid at the wrong address. They shot her as she brandished her own gun, possibly thinking she was being robbed. U.S. Attorney David Nahmias said it would make recommendations that could lead to state prosecutions or administrative discipline for other officers who played a role in the raid.
Friday, October 17, 2008
Family Wants Trooper Dale Derr Fired
The family of a Finksburg man who died in a 2006 collision with a Maryland State Police trooper on Md. 140 has asked the governor to remove the trooper from the state police force after an alleged incident with the dead man’s brother Sunday.
A lawyer for Joseph Blizzard, whose brother Randy Rakes died after being struck by trooper Dale Derr’s patrol car while he was walking across Md. 140 in November 2006, has asked Gov. Martin O’Malley to terminate Derr after Derr allegedly confronted Blizzard after he’d been arrested Sunday.
According to the letter to O’Malley from lawyer David Ellin, who represents Rakes’ family, Derr responded to the scene where Blizzard was being detained by other troopers, then verbally and physically confronted Blizzard before throwing him to the ground, allegedly breaking Blizzard’s thumb.
Blizzard’s arrest involved allegations of forging checks, Ellin said.
Randy Rakes’ death is the subject of a $15.8 million wrongful death suit between the family and the state police.
State police have received the complaint and are investigating the allegations, said spokesman Greg Shipley.
The agency will thoroughly investigate the complaint and, if warranted, take appropriate action, he said.
In a phone interview Thursday, Ellin said that because of the nature of the allegations and the history of the case, Derr should be suspended pending the outcome of the investigation.
No charges were filed against Derr in the Nov. 29, 2006, incident that resulted in Rakes’ death.
A report by the state police crash team determined Derr was driving 83 mph when he struck Rakes on Md. 140 near the intersection of Sandymount Road.
State police initially said Derr was on his way to back up another trooper on a call, but Derr told investigators he’d finished his shift and was on his way back to the Westminster barrack to turn in paperwork when the crash occurred.
Rakes had been drinking the night of the incident, according to the report.
Prosecutors decided in May 2007 there wasn’t enough information to prove beyond a reasonable doubt that Derr’s speed was the cause of the collision, said Kirsten Brown of the Frederick County State’s Attorney’s Office, who handled the case.
A lawyer for Joseph Blizzard, whose brother Randy Rakes died after being struck by trooper Dale Derr’s patrol car while he was walking across Md. 140 in November 2006, has asked Gov. Martin O’Malley to terminate Derr after Derr allegedly confronted Blizzard after he’d been arrested Sunday.
According to the letter to O’Malley from lawyer David Ellin, who represents Rakes’ family, Derr responded to the scene where Blizzard was being detained by other troopers, then verbally and physically confronted Blizzard before throwing him to the ground, allegedly breaking Blizzard’s thumb.
Blizzard’s arrest involved allegations of forging checks, Ellin said.
Randy Rakes’ death is the subject of a $15.8 million wrongful death suit between the family and the state police.
State police have received the complaint and are investigating the allegations, said spokesman Greg Shipley.
The agency will thoroughly investigate the complaint and, if warranted, take appropriate action, he said.
In a phone interview Thursday, Ellin said that because of the nature of the allegations and the history of the case, Derr should be suspended pending the outcome of the investigation.
No charges were filed against Derr in the Nov. 29, 2006, incident that resulted in Rakes’ death.
A report by the state police crash team determined Derr was driving 83 mph when he struck Rakes on Md. 140 near the intersection of Sandymount Road.
State police initially said Derr was on his way to back up another trooper on a call, but Derr told investigators he’d finished his shift and was on his way back to the Westminster barrack to turn in paperwork when the crash occurred.
Rakes had been drinking the night of the incident, according to the report.
Prosecutors decided in May 2007 there wasn’t enough information to prove beyond a reasonable doubt that Derr’s speed was the cause of the collision, said Kirsten Brown of the Frederick County State’s Attorney’s Office, who handled the case.
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