Officer Ted Anderson was fired after what police said was a "difficult but necessary" decision.
Anderson was arrested just after 2 a.m. on Nov. 24 for allegedly failing to keep his car in a single lane.
Anderson was off duty and driving his own personal car when he was pulled over at the intersection of North Eighth Street and North Boulevard.
Police Chief Ken Burton issued a statement saying the termination was necessary as a result of the arrest and from issues surrounding the arrest. Also that it was in the best interest of the entire Columbia Police Department.
Anderson was an 18-year veteran of the force.
Deputy Police Chief Tom Dresner failed to return our phone calls asking about the issues surrounding the incident. Anderson's lawyer issued a statement of "no comment."
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http://www.connectmidmissouri.com/news/story.aspx?id=386132
Friday, December 04, 2009
Officer John Fulmer Charged with Stealing Gas
A police officer in the Orangeburg County town of Springfield, 51-year-old John Fulmer, is charged with official misconduct and petit larceny.
Fulmer's charges were announced late Friday.
An arrest warrant against Fulmer says that between July 2009 and November of 2009, Fulmer went to the Kent's Korner #3 gas station in Springfield. The warrant goes on to state that he took gas intended for Town of Springfield vehicles and pumped it into his personal vehicle while in his official capacity with the city.
In all, the warrant says Fulmer signed $191 worth of fuel tickets that he converted for his own use.
According to State Law Enforcement Division agents, there are video recordings of his transactions at the gas station and employee timesheets that back up their allegations.
Fulmer's charges were announced late Friday.
An arrest warrant against Fulmer says that between July 2009 and November of 2009, Fulmer went to the Kent's Korner #3 gas station in Springfield. The warrant goes on to state that he took gas intended for Town of Springfield vehicles and pumped it into his personal vehicle while in his official capacity with the city.
In all, the warrant says Fulmer signed $191 worth of fuel tickets that he converted for his own use.
According to State Law Enforcement Division agents, there are video recordings of his transactions at the gas station and employee timesheets that back up their allegations.
Hearing Set for Officer Justin Barrett Accused of Calling Professor "Banana-eating Jungle Monkey"
It has been four months since Mayor Thomas M. Menino of Boston said, “He’s gone - G-O-N-E.’’
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
At the time, Boston Police Commissioner Edward F. Davis vowed that there would be a termination hearing in seven to 10 days.
But four months later, Officer Justin Barrett, who was accused of writing an e-mail that called Harvard professor Henry Louis Gates Jr. a “banana-eating jungle monkey,’’ remains on administrative leave and is still collecting his $70,500 salary.
Yesterday, three days after the Globe began asking about Barrett’s status, police scheduled the hearing for Jan. 6. They planned to serve Barrett notice of the hearing at his Hyde Park Home yesterday, according to police.
Police spokeswoman Elaine Driscoll said the timing was coincidental. The date was decided two days after the internal affairs investigation results were presented to the department’s lawyers and the hearing officer, Deputy Superintendent Norman Hill. According to Davis, Driscoll had been pushing for a hearing date for the past two weeks.
Barrett, who has sued the department and city contending that his civil and due process rights were violated, could not be reached for comment. His lawyer, Peter T. Marano, could not be reached. A phone listed at his Boston office rang with no reply.
Barrett sent an e-mail in July responding to a Globe column by Yvonne Abraham about the controversial arrest of Gates.
In the e-mail, Barrett said that Gates, who is African-American, had behaved like a “banana-eating jungle monkey’’ when Cambridge police Sergeant James Crowley responded to his home for a report of a break-in. Gates was arrested on a charge of disorderly conduct, a charge that was quickly dropped.
The Rev. Dale Robinson, a Dorchester minister, was at a press conference in August at police headquarters in Roxbury when Davis announced that Barrett would be fired following a hearing. Such action was necessary, Robinson said, in order to maintain the fragile trust between police and the city’s minority residents.
“I would like to see fairness done to the community,’’ said Robinson. “It would be hard for the community to swallow . . . if they did not carry out or go forward with what they stated they would do.’’
Davis said yesterday that he does worry about the effect the delay could have on the sometimes rocky relationship between the police and the city’s minority neighborhoods.
“Absolutely,’’ he said. “The trust with the community is paramount and what we’re trying to do here is to do this right.’’
Davis said he has not changed his mind about seeking termination for Barrett, who has not previously been disciplined during his two years at the department.
“There is nothing that I’ve seen that would change any statement that I made before on it,’’ he said.
Davis said he wanted to move forward immediately with a termination hearing, but delayed at the advice of department lawyers, who said rushing the case could help Barrett if there was an appeal.
“I’m frustrated by the process,’’ Davis said. “As egregious as this conduct is and as upset as everyone was about it, we want to make sure that [the hearing] is done properly and that it holds up in appeals.’’
Larry Ellison, a Boston detective and president of the Massachusetts Association of Minority Law Enforcement Officers, said he understands why it has taken a long time to schedule a hearing for Barrett, who was a patrolman in the Mattapan district.
“They would have given him a better case if they had terminated him without giving him the due process he’s entitled to,’’ Ellison said.
But he said city officials should have been more careful in August when they announced they wanted Barrett fired immediately.
“You can’t come through; people are skeptical when you say you’re going to do something,’’ Ellison said.
Former Deputy Jack Allen Roberts Sentenced for Stalking
A former Tehama County sheriff’s deputy was sentenced today to more than three years in prison for relentlessly stalking and physically assaulting a Redding woman.
Jack Allen Roberts, 34, of Redding was sentenced by Superior Court Judge James Ruggiero to three years, eight months in prison. He must serve 50 percent of his sentence before being eligible for parole.
Roberts was arrested in April after Redding police placed a tracker on his vehicle to follow his movements in the weeks before his arrest, prosecutors said.
That tracker placed Roberts in the parking lot of the woman’s workplace at the time when gasoline was poured on her vehicle, prosecutors said.
He was later arrested by police outside the woman’s home around 4 a.m., dressed all in black, prosecutors said.
At the time of his April arrest, he had with him a black face mask, binoculars, paint stripper, weed and root killer, a container filled with BBs, sling shot, glass cutter and other items that police and prosecutors believe may have been used in previous vandalism.
Roberts pleaded guilty in July to stalking, battery and related charges.
Prosecutors said that Roberts stalked the woman for about a year, sending anonymous letters to her, making threats and harassing telephone calls, followed her and vandalized her home and vehicle.
He resigned from the Tehama County Sheriff’s Office last year after he had fired a handgun inside his then Cottonwood residence, a law enforcement investigative report says.
According to the criminal complaint, the stalking began around April 2008 and, despite restraining orders issued against him, continued for about a year.
Although Shasta County probation officials recommended that Roberts be granted probation, Deputy District Attorney Stephanie Bridgett, who prosecuted Roberts, has said that officials with the state Department of Corrections evaluated him after he pleaded guilty to the charges and determined that he was not a good candidate for probation.
He faced a maximum of five years, four months in prison.
Roberts was charged with 13 felony counts, including stalking, first-degree residential burglary, vandalism, possession of flammable material for malicious use, corporal injury and battery.
In the police report, Robert was described by some witnesses as a “loose cannon,” and had a long relationship with the Redding woman.
But, it said, she learned about three years ago that he was having an affair with a co-worker while he was working as a Tehama County sheriff’s deputy.
Attempts to save the relationship failed and she eventually met another man, the report noted.
She told Redding police investigators in March that she was reluctant to move forward with the case because Roberts had been trying to get a job with a private contracting company to go to work in Iraq and work as an independent contractor.
“Victim stated if she went forward with this case, it may hinder his ability to get that job and he would remain here in Shasta County and continue to be a problem to her,” the Redding Police Department report says.
She said that she was also afraid of him, noting that he can have a violent temper, and feared what he might do to her and her boyfriend, it said.
She later changed her mind, it said, when she found one of her vehicles vandalized and believed he was the one responsible for it.
According to the report, which described a number of instances of physical and emotional abuse, the woman said that he once pushed her against a wall, placed his hands around her neck and began to choke her until her son intervened.
She said that he also, among other things, once pushed her down and slammed her head against the ground, the police report said.
Alabama Officer Arrested for Aiding His Brother
The Birmingham News is reporting that a Trussville, Alabama, police officer was arrested for aiding his brother, who is suspected of fatally shooting a Pelham police officer during a late night traffic stop on I-65. The suspect and brother were arrested together by the Hoover Police Department.
The Birmingham News reports that the suspect was observed by a homeowner attempting to break into a vehicle, and was then picked up a short time later by a man in a pickup truck.
The homeowner gave a description of the truck to local police who stopped it and arrested the two a short time later. Both men were being booked into the Shelby County Jail.
The name of the Pelham officer who was fatally shot is being withheld pending notification of all family members.
The Birmingham News reports that the suspect was observed by a homeowner attempting to break into a vehicle, and was then picked up a short time later by a man in a pickup truck.
The homeowner gave a description of the truck to local police who stopped it and arrested the two a short time later. Both men were being booked into the Shelby County Jail.
The name of the Pelham officer who was fatally shot is being withheld pending notification of all family members.
Deputy Albert Surratt III Charged with Manufacturing Meth
A Chesterfield County Sheriff’s Office deputy was arrested in the Pageland area and taken into custody Thursday on drug related charges.
Chesterfield County Sheriff Sam Parker said Deputy Albert Eugene Surratt, III (Brent), 28, of 1469 Hillian Edward Road, Cheraw, was charged and taken into custody for alleged conspiracy to manufacturing meth and for possession of a firearm during a drug crime.
Surratt is a 1999 graduate from West-Oak High School in Westminster, S.C. He was also a former employee of the Cheraw Police Department before being hired with the Chesterfield County Sheriff’s Office on June 8.
“This is a shock to all of us and it is a sad situation because he always seemed to be a good guy,” said Cheraw Police Chief Jay Brooks.
Parker echoed some of the same comments.
“It is hard to believe that this happened with Brent. It is a terrible shock and very disappointing because Brent is a good person. However, we are going to try to help him get the help he needs in order to get his life back on track. It goes to show you that bad things happen to good people.”
Parker added that the case is an ongoing investigation and other arrests would result and surface as the investigation progresses.
“The Chesterfield County Sheriff’s Office, State and Federal Agencies as well as the DEA, are all involved in this investigation,” Parker said.
Officer Daniel Gent Charged with Using Excessive Force
A former Culpeper County deputy is scheduled to appear in court next week to answer charges that he used excessive force at the county jail.
Sheriff Jim Branch says 44-year-old Daniel T. Gent of Orange County was arrested Wednesday and charged with assault and battery. Gent was released on a uniform summons.
Gent is accused of using excessive force while escorting a male inmate from one room to another on Nov. 21.
Public information officer Corey Byers says the inmate complained of a sore neck but refused to go to a hospital.
Branch says Gent is no longer employed by the sheriff's office. The sheriff wouldn't provide details, saying it was a personnel matter.
Gent's first court appearance is set for Dec. 9.
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Information from: The Free Lance-Star, http://www.fredericksburg.com/
Sheriff Jim Branch says 44-year-old Daniel T. Gent of Orange County was arrested Wednesday and charged with assault and battery. Gent was released on a uniform summons.
Gent is accused of using excessive force while escorting a male inmate from one room to another on Nov. 21.
Public information officer Corey Byers says the inmate complained of a sore neck but refused to go to a hospital.
Branch says Gent is no longer employed by the sheriff's office. The sheriff wouldn't provide details, saying it was a personnel matter.
Gent's first court appearance is set for Dec. 9.
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Information from: The Free Lance-Star, http://www.fredericksburg.com/
Thursday, December 03, 2009
Former Officer Jeffery Garcia Guilty of Rape
A former Alexander police officer has been convicted of rape and sexual abuse of three children.
A Saline County jury deliberated just 15 minutes before finding Jeffrey Garcia guilty of two counts of rape and one count of second-degree sexual assault. Garcia was sentenced to a total of 100 years in prison.
The now 12, 13 and 14-year-old testified they were sexually molested and beaten.
Garcia did not testify but in a tape recorded interview with Benton police that was played for the jury he denied abusing the children.
Garcia resigned from the Alexander police force while in jail in the case.
A Saline County jury deliberated just 15 minutes before finding Jeffrey Garcia guilty of two counts of rape and one count of second-degree sexual assault. Garcia was sentenced to a total of 100 years in prison.
The now 12, 13 and 14-year-old testified they were sexually molested and beaten.
Garcia did not testify but in a tape recorded interview with Benton police that was played for the jury he denied abusing the children.
Garcia resigned from the Alexander police force while in jail in the case.
Officer Donald Prine Charged with Domestic Battery
A Rockford police officer is on paid administrative leave after his arrest on an aggravated domestic battery charge.
Donald Prine, 43, a 19-year-veteran of the force, turned himself in to the Winnebago County Sheriff’s Department on Monday after a domestic battery warrant was issued for his arrest.
Winnebago County Sheriff's Deputy Chief Dominic Iasparro said officers were called to Prine’s home Nov. 26 in reference to a domestic battery complaint. He said Prine was not arrested at the scene but deputies took down information and reviewed that information with the state’s attorney’s office.
A warrant was issued Monday for Prine’s arrest, and he turned himself in to the sheriff’s department.
Iasparro said the alleged victim was an adult female, but would not elaborate on the woman’s relationship to Prine.
“There were no injuries that required hospitalization,” Iasparro said.
According to a city of Rockford news release, Prine was off duty at the time of the alleged battery. He will remain on leave “pending the administrative and criminal review of the incident.”
Donald Prine, 43, a 19-year-veteran of the force, turned himself in to the Winnebago County Sheriff’s Department on Monday after a domestic battery warrant was issued for his arrest.
Winnebago County Sheriff's Deputy Chief Dominic Iasparro said officers were called to Prine’s home Nov. 26 in reference to a domestic battery complaint. He said Prine was not arrested at the scene but deputies took down information and reviewed that information with the state’s attorney’s office.
A warrant was issued Monday for Prine’s arrest, and he turned himself in to the sheriff’s department.
Iasparro said the alleged victim was an adult female, but would not elaborate on the woman’s relationship to Prine.
“There were no injuries that required hospitalization,” Iasparro said.
According to a city of Rockford news release, Prine was off duty at the time of the alleged battery. He will remain on leave “pending the administrative and criminal review of the incident.”
Former Officer Jamie Sanchez Arrested for Assaulting Girlfriend
Jamie Sanchez, 33, is accused of assaulting his 24-year-old girlfriend.
Oklahoma City police say when Sanchez's girlfriend tried to break up with him he threw her to the ground and handcuffed one of her wrists.
Police said he also followed her vehicle in his police car with lights and sirens blaring as she drove to an Oklahoma City police station to file a report.
"She did the right thing," Sgt. Gary Knight said. "She did not try to fight back she tried to get away from him ultimately she drove to a police station when she felt she was in danger."
The Valley Brook police chief said Sanchez resigned after he was released from jail.
Officer Brad Ahrensfield Charged with Making False Statements
A federal grand jury has charged an Albuquerque police officer with obstruction of justice for warning a business owner about a drug trafficking investigation.
The U.S. Attorney's Office in Albuquerque said Thursday that Brad Ahrensfield also is charged with making a false statement to federal agents.
The indictment accuses Ahrensfield of telling the owner of an Albuquerque business called Car Shop about a joint state and federal drug trafficking investigation in September.
The Attorney's Office says when federal investigators confronted Ahrensfield about the leak, he lied about what he knew of the investigation and to whom he had given the information.
Ahrensfield faces up to 20 years in prison if convicted of both charges.
The U.S. Attorney's Office in Albuquerque said Thursday that Brad Ahrensfield also is charged with making a false statement to federal agents.
The indictment accuses Ahrensfield of telling the owner of an Albuquerque business called Car Shop about a joint state and federal drug trafficking investigation in September.
The Attorney's Office says when federal investigators confronted Ahrensfield about the leak, he lied about what he knew of the investigation and to whom he had given the information.
Ahrensfield faces up to 20 years in prison if convicted of both charges.
Former Officer Keenan Colson Sentenced to Two Years
A former Lake Wales police officer was sentenced to two years in state prison Thursday on charges that he used police equipment to aid a member of a drug operation, including exposing the identity of an undercover sheriff's deputy.
Circuit Judge Donald Jacobsen said it pained him to sentence Keenan Colson but said Colson should be held to a higher standard as a law enforcement officer.
"If I can't believe in law enforcement officers the whole system falls apart," Jacobsen said at the conclusion of a nearly three-hour hearing Thursday. He released Colson on the condition that he turn himself in by Dec. 30.
Colson, 51, was arrested last year as part of an eight-month, multi-agency investigation that included using wire taps to uncover an alleged drug operation in Haines City. The investigation revealed marijuana grow locations, and detectives seized about 20 pounds of marijuana and more than 160 marijuana plants, according to the Polk County Sheriff's Office.
Colson pleaded no contest to several charges in September.
Using his resources as a police officer, Colson supplied information and advice to Clayton Hoerler, 26, a personal friend and one of the drug ring's leaders. At Hoerler's request, Colson would run license tag numbers and check individuals for outstanding warrants. In one case, Colson ran a tag that belonged to an undercover sheriff's deputy and informed Hoerler.
Investigators played audio of a phone call in which Colson told Hoerler that he knew the deputy personally and had once worked with his father at the Bartow Police Department. During questioning on Thursday, Colson said he also was close to the young deputy's family and said the two had formerly worked together at the Lake Wales Police Department.
Colson said he didn't realize the deputy was working undercover at the time his name was disclosed to Hoerler. When asked whether he knew he was endangering the deputy, Colson said he thought Hoerler to be nonviolent.
Colson said he befriended Hoerler about seven years ago. They shared an enthusiasm for motorcycles, and Hoerler would sometimes accompany Colson and other officers on ride-alongs.
Colson said he gradually learned that Hoerler sold marijuana and began assisting him with information, but said he never received favors or compensation in return.
"Big lapse in judgment. That's something I should have never done," Colson said Thursday. "In my mind Clayton was a person and not a drug dealer, but that's no excuse."
Earlier this year Hoerler was sentenced to 18 months in state prison as part of a plea agreement. He pleaded guilty Feb. 18 to conspiracy to engage in racketeering.
Several friends and family members spoke in support of Colson on Thursday, describing the Bartow native as a role model in the city's black community and an exemplary officer who rose to the rank of lieutenant at BPD. He had worked for the department from 1981 until his termination in 1997 after an internal affairs investigation regarding an arson case involving his girlfriend. He earned about $45,000 yearly as a Lake Wales officer until resigning after his arrest Aug. 13, 2008.
Assistant State Attorney Brad Copley said Thursday that Colson betrayed the community that looked up to him by cooperating with a drug dealer like Hoerler.
In delivering the sentence, Jacobsen said he was disturbed that Colson would reveal the identity of a fellow law enforcement officer and friend, as well as help a drug dealer, on an ongoing basis.
"To say this was a lapse in judgment is an understatement," Jacobsen said.
Circuit Judge Donald Jacobsen said it pained him to sentence Keenan Colson but said Colson should be held to a higher standard as a law enforcement officer.
"If I can't believe in law enforcement officers the whole system falls apart," Jacobsen said at the conclusion of a nearly three-hour hearing Thursday. He released Colson on the condition that he turn himself in by Dec. 30.
Colson, 51, was arrested last year as part of an eight-month, multi-agency investigation that included using wire taps to uncover an alleged drug operation in Haines City. The investigation revealed marijuana grow locations, and detectives seized about 20 pounds of marijuana and more than 160 marijuana plants, according to the Polk County Sheriff's Office.
Colson pleaded no contest to several charges in September.
Using his resources as a police officer, Colson supplied information and advice to Clayton Hoerler, 26, a personal friend and one of the drug ring's leaders. At Hoerler's request, Colson would run license tag numbers and check individuals for outstanding warrants. In one case, Colson ran a tag that belonged to an undercover sheriff's deputy and informed Hoerler.
Investigators played audio of a phone call in which Colson told Hoerler that he knew the deputy personally and had once worked with his father at the Bartow Police Department. During questioning on Thursday, Colson said he also was close to the young deputy's family and said the two had formerly worked together at the Lake Wales Police Department.
Colson said he didn't realize the deputy was working undercover at the time his name was disclosed to Hoerler. When asked whether he knew he was endangering the deputy, Colson said he thought Hoerler to be nonviolent.
Colson said he befriended Hoerler about seven years ago. They shared an enthusiasm for motorcycles, and Hoerler would sometimes accompany Colson and other officers on ride-alongs.
Colson said he gradually learned that Hoerler sold marijuana and began assisting him with information, but said he never received favors or compensation in return.
"Big lapse in judgment. That's something I should have never done," Colson said Thursday. "In my mind Clayton was a person and not a drug dealer, but that's no excuse."
Earlier this year Hoerler was sentenced to 18 months in state prison as part of a plea agreement. He pleaded guilty Feb. 18 to conspiracy to engage in racketeering.
Several friends and family members spoke in support of Colson on Thursday, describing the Bartow native as a role model in the city's black community and an exemplary officer who rose to the rank of lieutenant at BPD. He had worked for the department from 1981 until his termination in 1997 after an internal affairs investigation regarding an arson case involving his girlfriend. He earned about $45,000 yearly as a Lake Wales officer until resigning after his arrest Aug. 13, 2008.
Assistant State Attorney Brad Copley said Thursday that Colson betrayed the community that looked up to him by cooperating with a drug dealer like Hoerler.
In delivering the sentence, Jacobsen said he was disturbed that Colson would reveal the identity of a fellow law enforcement officer and friend, as well as help a drug dealer, on an ongoing basis.
"To say this was a lapse in judgment is an understatement," Jacobsen said.
Deputy Jeffrey Swartz Accused of Assaulting Wife Will Return to Duty
Hernando County Sheriff Richard Nugent will allow a deputy accused of assaulting his wife to return to duty, even though he said he is disappointed by the deputy's conduct and "poor judgment.''
In a memo, Nugent told Jeffrey Swartz, 34, that he had reviewed the internal affairs investigation of the Oct. 3 incident at Swartz's Spring Hill home in which the deputy got into an argument with his wife, Joyanna, that turned physical.
According to a sheriff's report, Swartz pushed his wife to the floor of their bedroom and placed his arms around her neck, but she broke free. He tried to restrain her by grabbing her arms, but she fended him off and called the Sheriff's Office for help, the report said.
Swartz was arrested on a count of misdemeanor domestic battery and was placed on administrative leave. Prosecutors later recommended that the charge be dropped.
The sheriff noted in his memo, dated Tuesday, that the investigation into whether Swartz violated the conduct-unbecoming policy was hampered by a lack of cooperation from Swartz's wife and his friends, who were at the deputy's home when the incident occurred.
According to a report by the State Attorney's Office, Swartz's wife had been drinking heavily that evening. Joyanna Swartz said "she got intoxicated and blew up and got out of control," the report said, adding, "She admitted that she had almost a complete blackout of the events."
During the evening, Swartz's wife reportedly became angry and despondent and wielded a butcher knife and a razor. Swartz said he grabbed her to prevent her from harming herself, and she later had trouble recounting the events of the evening.
The couple's friends told prosecutors that Joyanna Swartz had gotten "out of control" and that Swartz was merely trying to calm her down.
The report notes that Joyanna Swartz was clearly intoxicated during her 911 call and couldn't even recall her home phone number.
The photos of her injuries were "consistent with someone having tried to gain control" of her.
Nugent said in his memo to Swartz that he would not change the disposition of "unfounded" made by the internal affairs investigator and that Swartz would be returned promptly to duties as a sworn deputy.
But Nugent had stern words in his memo for Swartz, who has worked at the Sheriff's Office since April 2001.
"It is my opinion that the exercise of poor judgment on your part contributed directly to the incident at your home,'' he wrote. "Your statement that the event has resulted in embarrassment for both your family and this agency is correct.''
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In a memo, Nugent told Jeffrey Swartz, 34, that he had reviewed the internal affairs investigation of the Oct. 3 incident at Swartz's Spring Hill home in which the deputy got into an argument with his wife, Joyanna, that turned physical.
According to a sheriff's report, Swartz pushed his wife to the floor of their bedroom and placed his arms around her neck, but she broke free. He tried to restrain her by grabbing her arms, but she fended him off and called the Sheriff's Office for help, the report said.
Swartz was arrested on a count of misdemeanor domestic battery and was placed on administrative leave. Prosecutors later recommended that the charge be dropped.
The sheriff noted in his memo, dated Tuesday, that the investigation into whether Swartz violated the conduct-unbecoming policy was hampered by a lack of cooperation from Swartz's wife and his friends, who were at the deputy's home when the incident occurred.
According to a report by the State Attorney's Office, Swartz's wife had been drinking heavily that evening. Joyanna Swartz said "she got intoxicated and blew up and got out of control," the report said, adding, "She admitted that she had almost a complete blackout of the events."
During the evening, Swartz's wife reportedly became angry and despondent and wielded a butcher knife and a razor. Swartz said he grabbed her to prevent her from harming herself, and she later had trouble recounting the events of the evening.
The couple's friends told prosecutors that Joyanna Swartz had gotten "out of control" and that Swartz was merely trying to calm her down.
The report notes that Joyanna Swartz was clearly intoxicated during her 911 call and couldn't even recall her home phone number.
The photos of her injuries were "consistent with someone having tried to gain control" of her.
Nugent said in his memo to Swartz that he would not change the disposition of "unfounded" made by the internal affairs investigator and that Swartz would be returned promptly to duties as a sworn deputy.
But Nugent had stern words in his memo for Swartz, who has worked at the Sheriff's Office since April 2001.
"It is my opinion that the exercise of poor judgment on your part contributed directly to the incident at your home,'' he wrote. "Your statement that the event has resulted in embarrassment for both your family and this agency is correct.''
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Officer Robert Cahill Suspended after Assault Charge
A charge against a police officer convicted of attempted third-degree assault was conditionally discharged, but the officer has been suspended by the town for six months without pay.
Robert D. Cahill was found innocent of one count of misdemeanor assault during a September trial that involved video evidence, but the jury found him guilty of the lesser charge of attempted third-degree assault, also a misdemeanor.
Cahill's attorney, Jon Blechman, argued his client was acting in self-defense when he punched Patrick DiNottia on Nov. 26, 2008, at Giblin's, a popular Johnson City hangout frequented by police and firefighters.
Maine Justice Donald Magill this week followed the recommendation of the Broome County probation office's pre-sentence investigation for a conditional discharge. Cahill will be responsible for $205 in court fees.
Blechman said Cahill's discharge could be revoked if his client is convicted of a crime in the course of the year.
Vestal Supervisor Peter Andreasen said the town board decided to suspend Cahill shortly after the trial ended. Cahill has already gone two months without pay and has about four months remaining in his suspension, said Andreasen.
"He understands he has to stay out of trouble," said Andreasen.
DiNottia couldn't be reached for comment, but his parents weren't pleased with the sentencing.
"It is my understanding the tape is very detailed about what occurred, and the public needs to see that tape and make their opinions whether the sentencing was fair or not," said his mother, Janet DiNottia, referring to a video taken during the altercation.
His father, also named Patrick, added: "The tape is very clear as to what happened. Three approached one. He hit my son ... The officers then take off."
Blechman said the jury thoroughly reviewed that tape and found Cahill didn't cause any injuries to the victim, if there were even injuries suffered.
"The jury took a look at the facts," he said. "The fact is if he was above the law, there would never have been a trial and the case wouldn't have occurred."
Robert D. Cahill was found innocent of one count of misdemeanor assault during a September trial that involved video evidence, but the jury found him guilty of the lesser charge of attempted third-degree assault, also a misdemeanor.
Cahill's attorney, Jon Blechman, argued his client was acting in self-defense when he punched Patrick DiNottia on Nov. 26, 2008, at Giblin's, a popular Johnson City hangout frequented by police and firefighters.
Maine Justice Donald Magill this week followed the recommendation of the Broome County probation office's pre-sentence investigation for a conditional discharge. Cahill will be responsible for $205 in court fees.
Blechman said Cahill's discharge could be revoked if his client is convicted of a crime in the course of the year.
Vestal Supervisor Peter Andreasen said the town board decided to suspend Cahill shortly after the trial ended. Cahill has already gone two months without pay and has about four months remaining in his suspension, said Andreasen.
"He understands he has to stay out of trouble," said Andreasen.
DiNottia couldn't be reached for comment, but his parents weren't pleased with the sentencing.
"It is my understanding the tape is very detailed about what occurred, and the public needs to see that tape and make their opinions whether the sentencing was fair or not," said his mother, Janet DiNottia, referring to a video taken during the altercation.
His father, also named Patrick, added: "The tape is very clear as to what happened. Three approached one. He hit my son ... The officers then take off."
Blechman said the jury thoroughly reviewed that tape and found Cahill didn't cause any injuries to the victim, if there were even injuries suffered.
"The jury took a look at the facts," he said. "The fact is if he was above the law, there would never have been a trial and the case wouldn't have occurred."
Former Officer Bob Brabo Sentenced for Stealing from Department
A former Craig police officer has been sentenced to 48 hours of community service after pleading guilty to stealing about $500 from the departments drug task force.
Bob Brabo also received a one-year deferred sentence and was ordered to pay $484.50 in fines during a hearing Tuesday. Brabo resigned Nov. 5 and later pleaded guilty to one count of misdemeanor theft.
The money Brabo pleaded guilty to stealing was taken from drug funds from the department's All Crimes Enforcement Team.
The district attorney's office says Brabo received no special treatment and that his sentence is typical of first-time offenders charged with the same offense.
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Information from: Craig Daily Press, http://www.craigdailypress.com
Bob Brabo also received a one-year deferred sentence and was ordered to pay $484.50 in fines during a hearing Tuesday. Brabo resigned Nov. 5 and later pleaded guilty to one count of misdemeanor theft.
The money Brabo pleaded guilty to stealing was taken from drug funds from the department's All Crimes Enforcement Team.
The district attorney's office says Brabo received no special treatment and that his sentence is typical of first-time offenders charged with the same offense.
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Information from: Craig Daily Press, http://www.craigdailypress.com
Lt Richard Bolduc Admitts to Conduct Unbecoming an Officer
A state police lieutenant has admitted he acted in a manner unbecoming a police officer when he left his department-issued gun unlocked in a bureau inside his Sandwich home 18 months ago, a state police spokesman said.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Former Deputy Chief Charles Bassett Asks for Clemency
A former Pekin police officer who stole money from the police department has applied to Gov. Pat Quinn for executive clemency to expunge a felony from his record.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
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