A San Joaquin County sheriff's deputy has been indicted on an assault charge.
The indictment accuses Deputy Marcus Smith of using his hands and feet to assault an unidentified person.
The indictment doesn't say if the incident took place while Smith was on duty, but eight other members of the sheriff's staff testified before the grand jury, according to court papers.
Smith has worked for the sheriff's department for about seven years and is assigned to the Lathrop Police Department. The sheriff's office provides the city of Lathrop with police services under a contract.
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http://cbs13.com/local/san.joaquin.county.2.1101214.html
Saturday, July 25, 2009
Friday, July 24, 2009
Officer Bryan Pinto Accused of Sexual Misconduct
The South Valley police officer accused of sexual misconduct in a recent claim against the city is telling his side of the story.
Officer Bryan Pinto says he's being wrongly accused by a young man who he believes, is simply out for money.
Bryan Pinto says he's being falsely accused by a now, 18 year old young man with a greedy motive. Pinto says the accuser has come over to his home before, but he denies anything sexual happened between the two.
In fact, he says the accuser was more friends with his partner than him.
Bryan Pinto says he's shocked and angry about the latest allegations made in court documents filed Monday, accusing him of having a sexual relationship with a senior at Mount Whitney High.
"None of that ever happened. Absolutely not, never," said Pinto.
Pinto says the accuser, who we are not identifying because he was a minor at the time, is making up the allegations for financial gain to tarnish the officer's name.
Pinto said, "I need to get my word out there and get the truth out there."
Pinto says the accusations are also suspicious because they were made just days after he won a prestigious award for making 57 DUI arrests.
An internal affairs investigation is still underway. Pinto is expecting to be cleared of any wrongdoing.
"Absolutely I've done nothing wrong in this situation. There was never anything that crossed any lines, anything that was unprofessional nothing that occurred on duty, off duty to be accused of anything," said Pinto.
According to a search warrant, officers searched Pinto's Visalia home in May after investigators used a forensic device to retrieve two text messages from Pinto's iphone. Both were sent to the accuser and are sexual in nature.
The Tulare County District Attorney's Office told Action News after a thorough investigation, they are not pursuing any criminal charges.
Pinto claims the accuser is a wayward teen merely after deep pockets.
Pinto said, "I think money is ultimately the factor here."
Melina Benninghoff is Pinto's attorney, she says she hired an investigator who also came to the conclusion there is no evidence to support the claims.
Benninghoff said, "The allegations of sexual misconduct are completely unfounded. Completely unfounded. My client did absolutely nothing wrong. He just was a vulnerable target."
Pinto says he's confident the truth will eventually come out.
"It hurts to know that people would think that I would put myself in that situation again after everything that I've already been through and everything that I've already worked so hard to do so good at the Visalia Police Department that this accusation has now brought everything to a screeching halt again," said Pinto.
Pinto was fired in 2003 for similar misconduct allegations. But after a jury trial cleared him of those charges, he also won his job back. The Visalia Police Department said they have no comment on anything relating to Officer Pinto.
Officer Bryan Pinto says he's being wrongly accused by a young man who he believes, is simply out for money.
Bryan Pinto says he's being falsely accused by a now, 18 year old young man with a greedy motive. Pinto says the accuser has come over to his home before, but he denies anything sexual happened between the two.
In fact, he says the accuser was more friends with his partner than him.
Bryan Pinto says he's shocked and angry about the latest allegations made in court documents filed Monday, accusing him of having a sexual relationship with a senior at Mount Whitney High.
"None of that ever happened. Absolutely not, never," said Pinto.
Pinto says the accuser, who we are not identifying because he was a minor at the time, is making up the allegations for financial gain to tarnish the officer's name.
Pinto said, "I need to get my word out there and get the truth out there."
Pinto says the accusations are also suspicious because they were made just days after he won a prestigious award for making 57 DUI arrests.
An internal affairs investigation is still underway. Pinto is expecting to be cleared of any wrongdoing.
"Absolutely I've done nothing wrong in this situation. There was never anything that crossed any lines, anything that was unprofessional nothing that occurred on duty, off duty to be accused of anything," said Pinto.
According to a search warrant, officers searched Pinto's Visalia home in May after investigators used a forensic device to retrieve two text messages from Pinto's iphone. Both were sent to the accuser and are sexual in nature.
The Tulare County District Attorney's Office told Action News after a thorough investigation, they are not pursuing any criminal charges.
Pinto claims the accuser is a wayward teen merely after deep pockets.
Pinto said, "I think money is ultimately the factor here."
Melina Benninghoff is Pinto's attorney, she says she hired an investigator who also came to the conclusion there is no evidence to support the claims.
Benninghoff said, "The allegations of sexual misconduct are completely unfounded. Completely unfounded. My client did absolutely nothing wrong. He just was a vulnerable target."
Pinto says he's confident the truth will eventually come out.
"It hurts to know that people would think that I would put myself in that situation again after everything that I've already been through and everything that I've already worked so hard to do so good at the Visalia Police Department that this accusation has now brought everything to a screeching halt again," said Pinto.
Pinto was fired in 2003 for similar misconduct allegations. But after a jury trial cleared him of those charges, he also won his job back. The Visalia Police Department said they have no comment on anything relating to Officer Pinto.
Sgt. James Crowley Accused of Racial Profiling Black Scholar is Profiling Expert
The white police sergeant accused of racial profiling after he arrested renowned black scholar Henry Louis Gates Jr. in his home was hand-picked by a black police commissioner to teach recruits about avoiding racial profiling.
Friends and fellow officers — black and white — say Sgt. James Crowley is a principled cop and family man who is being unfairly described as racist.
"If people are looking for a guy who's abusive or arrogant, they got the wrong guy," said Andy Meyer, of Natick, who has vacationed with Crowley, coached youth sports with him and is his teammate on a men's softball team. "This is not a racist, rogue cop. This is a fine, upstanding man. And if every cop in the world were like him, it would be a better place."
Gates accused the 11-year department veteran of being an unyielding, race-baiting authoritarian after Crowley arrested and charged him with disorderly conduct last week.
Crowley confronted Gates in his home after a woman passing by summoned police for a possible burglary. The sergeant said he arrested Gates after the scholar repeatedly accused him of racism and made derogatory remarks about his mother, allegations the professor challenges. Gates has labeled Crowley a "rogue cop," demanded an apology and said he may sue the police department.
On Wednesday, President Barack Obama elevated the dispute, when he said Cambridge Police "acted stupidly" during the encounter.
Later, Obama stepped back, telling ABC News, "From what I can tell, the sergeant who was involved is an outstanding police officer, but my suspicion is probably that it would have been better if cooler heads had prevailed."
Crowley didn't immediately return a phone message left by The Associated Press on Thursday.
He has said he has no reason to apologize and, on Thursday, told a radio station Obama went too far.
"I support the president of the United States 110 percent," he told WBZ-AM. "I think he was way off base wading into a local issue without knowing all the facts, as he himself stated before he made that comment."
The sergeant added: "I guess a friend of mine would support my position, too."
Cambridge Police Commissioner Robert Haas, in his first public comments on the arrest, said Thursday that Crowley was a decorated officer who followed procedure. The department is putting together an independent panel to review the arrest, but Haas said he did not think the whole story had been told.
"Sgt. Crowley is a stellar member of this department. I rely on his judgment every day. ... I don't consider him a rogue cop in any way," Haas said. "I think he basically did the best in the situation that was presented to him."
But Massachusetts Gov. Deval Patrick, once the top civil rights official in the Clinton administration and now, like Obama, the first black to hold his job, labeled the arrest "every black man's nightmare."
The governor told reporters: "You ought to be able to raise your voice in your own house without risk of arrest."
Those who know the 42-year-old Crowley say is calm, reliable and committed to everyday interests like playing softball and coaching his children's youth teams.
"He's a guy that you hope shows up for the game, because he adds some levity. He's a team guy and he hangs out after the game," said Joe Ranieri, who plays softball with Crowley in suburban Natick.
Dan Keefe, a town parks official who knows Crowley from his work coaching youth swim, softball, basketball and baseball teams, said: "I would give him my daughter to coach in a blink of an eye, and I can't say any stronger opinion than that."
Crowley grew up in Cambridge's Fresh Pond neighborhood and attended the city's racially diverse public schools, including Cambridge Rindge and Latin High School. His brothers Jack and Joseph also work for the police department. His third sibling, Daniel, is a Middlesex County deputy sheriff.
Now married with three children of his own, Crowley lives about 15 miles from the city where he works.
He joined the Cambridge Police Department about 11 years ago and oversees the evidence room, records unit and paid police details.
For five of the past six years, Crowley also has volunteered alongside a black colleague in teaching 60 cadets per year about how to avoid targeting suspects merely because of their race, and how to respond to an array of scenarios they might encounter on the beat. Thomas Fleming, director of the Lowell Police Academy, said Crowley was asked by former police Lowell Commissioner Ronny Watson, who is black, to be an instructor.
"I have nothing but the highest respect for him as a police officer. He is very professional and he is a good role model for the young recruits in the police academy," Fleming said.
David Holway, president of the International Brotherhood of Police Officers, lives in Cambridge, had a brother on the force there and said Crowley is from a "tremendous family."
"Everybody in the community loves this guy. All his peers love him," Holway said. "Everyone speaks highly of him."
Crowley's encounter with Gates his not his first with a high-profile black man, although on the prior occasion he was lauded for his response.
He was a campus cop at Brandeis University in suburban Waltham when was summoned to the school gymnasium in July 1993 after Boston Celtics player Reggie Lewis collapsed of an apparent heart attack. Crowley, also a trained emergency medical technician, not only pumped the local legend's chest, but put his mouth to Lewis' own and attempted to breathe life back into the fallen athlete.
"Looking back on it, he was probably already gone," Crowley said Thursday during an interview with WEEI-AM in Boston. "But I did to him what I would do to anything else in that situation."
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Other information: http://www.google.com/hostednews/ap/article/ALeqM5jNR4dcq5sivgbez2rttRVWtTMXoAD99JTKN81
Animal Control Officer Andy Ray Lane Accused of Extortion
An animal control officer has been accused of using his job to con a southern Oregon man out of 2 horses.
The Jackson County Sheriff's Office says 53-year-old Andy Ray Lane told a Wimer man in April that the horses were being kept in inadequate enclosures. The man tried to fix the problem over the next few weeks, but decided to sell the horses when he couldn't satisfy the officer.
When a buyer couldn't be found, Lane returned with a trailer and took the horses. He also allegedly grabbed some fence panels, telling the resident they were needed to help corral the animals.
Detective Sgt. Colin Fagan says animal control officers generally deal with issues such as dogs and rabies, and do not take livestock from owners.
Lane was arrested Thursday on charges of coercion, theft by extortion and official misconduct.
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Information from: Mail Tribune, http://www.mailtribune.com/
The Jackson County Sheriff's Office says 53-year-old Andy Ray Lane told a Wimer man in April that the horses were being kept in inadequate enclosures. The man tried to fix the problem over the next few weeks, but decided to sell the horses when he couldn't satisfy the officer.
When a buyer couldn't be found, Lane returned with a trailer and took the horses. He also allegedly grabbed some fence panels, telling the resident they were needed to help corral the animals.
Detective Sgt. Colin Fagan says animal control officers generally deal with issues such as dogs and rabies, and do not take livestock from owners.
Lane was arrested Thursday on charges of coercion, theft by extortion and official misconduct.
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Information from: Mail Tribune, http://www.mailtribune.com/
EMT Says Trooper Daniel Martin Should Be Reassigned
An ambulance driver who was at the heart of a traffic stop that led to a scuffle between a state trooper and a paramedic believes the officer should be reassigned elsewhere.
Paul Franks said Trooper Daniel Martin should be reassigned to the Panhandle or to southeastern Oklahoma's Little Dixie.
Though Martin lives north of Okemah and patrols the Okfuskee County area, he works for the Oklahoma Highway Patrol's Troop D, which is based in McAlester, the reputed capital of "Little Dixie."
Troop D covers Okfuskee, Seminole, Hughes, Pittsburg, Latimer and LeFlore counties.
On Wednesday, the OHP announced it had suspended Martin for five days without pay for "conduct unbecoming an officer" in connection with a May 24 traffic stop of a Creek Nation ambulance, driven by Franks.
The suspension is in effect through next Tuesday.
Martin had stopped the ambulance at Paden after he thought Franks had made an obscene finger gesture, which the trooper felt was an "act of defiance."
Franks denied ever making such a gesture.
A few minutes earlier, on U.S. 62 east of Paden, Martin had encountered the ambulance, which was taking a woman from Boley to the hospital in Prague. The ambulance was not running with its emergency lights or siren.
Martin's cruiser, however, had its lights and siren on, and he was heading to an officer-needing-assistance call on a stolen-car report at Paden.
The ambulance didn't immediately yield to Martin's car, prompting a radio-to-radio warning from Martin that the ambulance crew should be more observant.
Once he was at Paden, Martin saw the ambulance pass by and decided to give chase after he thought the driver made the gesture.
As Martin approached Franks at the stop to discuss the earlier failure to yield and the supposed gesture, paramedic Maurice White Jr. came out of the ambulance.
White repeatedly told Martin that they were taking a woman to the hospital, and asked if they could continue the dispute there.
But Martin told White to back off, and then tried twice to arrest White for obstructing an officer. Those two arrest attempts led to two scuffles between the pair.
Much of the incident — which led to a national furor — was captured on cell-phone video by one of the patient's family members, who was following the ambulance.
The OHP also released the video from Martin's dashboard camera.
In its ruling on Martin, the OHP said Martin had probable cause to stop the ambulance for failure to yield, and he was justified in trying to arrest White.
However, the OHP said Martin should have allowed the ambulance to go to the hospital once he learned a patient was on board.
The patrol took aim, though, at Martin's demeanor and language in dealing with Franks, which it called "unprofessional and contrary to what is expected of an Oklahoma Highway Patrol trooper."
Reflecting on his encounter with Martin, Franks said Thursday, "I was basically shocked and surprised by the entire incident.
"I never saw anything like it in my life. I'm still amazed by what happened," said Franks, 48, who has been an emergency medical technician for a year.
Before becoming an EMT, Franks said, he operated a small convenience store in Okemah, and "I never had a bad dealing with an officer until then. Ever."
After the scuffles between Martin and White, the ambulance was allowed to continue to the hospital. White was never arrested; Franks was given a warning for failure to yield.
Franks said he should never have received the warning because the entire stop was built on the supposed gesture.
"A person can give the finger with both hands — not that I ever would. That's not illegal. It's free speech."
Franks was noncommittal on whether the OHP went far enough in disciplining Martin.
He said he just felt that in addition to the suspension, Martin should patrol some other area.
One thing he knows for certain, the entire controversy won't go away anytime soon.
Pointing out that White has already filed a lawsuit against Martin in federal court, Franks said the saga will drag on for some time.
"I'll probably be subpoenaed, past records will be called up, and things will get ugly," Franks said.
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YouTube Video: http://www.youtube.com/watch?v=KluItc365hU
Paul Franks said Trooper Daniel Martin should be reassigned to the Panhandle or to southeastern Oklahoma's Little Dixie.
Though Martin lives north of Okemah and patrols the Okfuskee County area, he works for the Oklahoma Highway Patrol's Troop D, which is based in McAlester, the reputed capital of "Little Dixie."
Troop D covers Okfuskee, Seminole, Hughes, Pittsburg, Latimer and LeFlore counties.
On Wednesday, the OHP announced it had suspended Martin for five days without pay for "conduct unbecoming an officer" in connection with a May 24 traffic stop of a Creek Nation ambulance, driven by Franks.
The suspension is in effect through next Tuesday.
Martin had stopped the ambulance at Paden after he thought Franks had made an obscene finger gesture, which the trooper felt was an "act of defiance."
Franks denied ever making such a gesture.
A few minutes earlier, on U.S. 62 east of Paden, Martin had encountered the ambulance, which was taking a woman from Boley to the hospital in Prague. The ambulance was not running with its emergency lights or siren.
Martin's cruiser, however, had its lights and siren on, and he was heading to an officer-needing-assistance call on a stolen-car report at Paden.
The ambulance didn't immediately yield to Martin's car, prompting a radio-to-radio warning from Martin that the ambulance crew should be more observant.
Once he was at Paden, Martin saw the ambulance pass by and decided to give chase after he thought the driver made the gesture.
As Martin approached Franks at the stop to discuss the earlier failure to yield and the supposed gesture, paramedic Maurice White Jr. came out of the ambulance.
White repeatedly told Martin that they were taking a woman to the hospital, and asked if they could continue the dispute there.
But Martin told White to back off, and then tried twice to arrest White for obstructing an officer. Those two arrest attempts led to two scuffles between the pair.
Much of the incident — which led to a national furor — was captured on cell-phone video by one of the patient's family members, who was following the ambulance.
The OHP also released the video from Martin's dashboard camera.
In its ruling on Martin, the OHP said Martin had probable cause to stop the ambulance for failure to yield, and he was justified in trying to arrest White.
However, the OHP said Martin should have allowed the ambulance to go to the hospital once he learned a patient was on board.
The patrol took aim, though, at Martin's demeanor and language in dealing with Franks, which it called "unprofessional and contrary to what is expected of an Oklahoma Highway Patrol trooper."
Reflecting on his encounter with Martin, Franks said Thursday, "I was basically shocked and surprised by the entire incident.
"I never saw anything like it in my life. I'm still amazed by what happened," said Franks, 48, who has been an emergency medical technician for a year.
Before becoming an EMT, Franks said, he operated a small convenience store in Okemah, and "I never had a bad dealing with an officer until then. Ever."
After the scuffles between Martin and White, the ambulance was allowed to continue to the hospital. White was never arrested; Franks was given a warning for failure to yield.
Franks said he should never have received the warning because the entire stop was built on the supposed gesture.
"A person can give the finger with both hands — not that I ever would. That's not illegal. It's free speech."
Franks was noncommittal on whether the OHP went far enough in disciplining Martin.
He said he just felt that in addition to the suspension, Martin should patrol some other area.
One thing he knows for certain, the entire controversy won't go away anytime soon.
Pointing out that White has already filed a lawsuit against Martin in federal court, Franks said the saga will drag on for some time.
"I'll probably be subpoenaed, past records will be called up, and things will get ugly," Franks said.
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YouTube Video: http://www.youtube.com/watch?v=KluItc365hU
Officer Noah Laughlin Accused of Possessing Stolen Laptop
A former Oil City police officer is accused of possessing a stolen laptop computer he recovered during a burglary investigation in February.
Noah Laughlin, 23, was booked this week into Caddo Correctional Center, according to the Caddo sheriff's office.
When the computer malfunctioned, deputies say, Laughlin asked a fellow officer to repair it. The colleague became suspicious, checked a criminal database and determined the computer had been stolen, authorities said.
Laughlin resigned from the department in June and moved to Sulphur.
Noah Laughlin, 23, was booked this week into Caddo Correctional Center, according to the Caddo sheriff's office.
When the computer malfunctioned, deputies say, Laughlin asked a fellow officer to repair it. The colleague became suspicious, checked a criminal database and determined the computer had been stolen, authorities said.
Laughlin resigned from the department in June and moved to Sulphur.
Officer Anthony Foster Charged with Theft
A veteran Houston police officer has been charged with theft by a public servant, the result of an undercover police sting driven by citizen complaints, police said on Friday.
Anthony R. Foster, 43, a Northeast Patrol Division officer who has been on the force since early 1994, was arrested Thursday and has been removed from duty, Houston Police Department spokesman Victor Senties said.
“Apparently, it was a proactive internal affairs operation that was set up, and it was complaint-driven," Senties said. “He has been relieved of duty, pending the outcome of the investigation."
The charge accuses Foster of taking more than $500 “by virtue of his status as a public servant” from the undercover officer.
Houston police officials declined provide any details of the charge or complaints against Foster.
“Anytime there is a complaint, they are fully investigated,“ Senties said. “It's an investigation that is ongoing with the Internal Affairs Division and that's where it stands.”
However, Houston police union officials likened Foster's arrest to a bribery case against a Houston police officer in 2007.
“It's a strategy that the proactive detail inside Internal Affairs has used before. And the last time it resulted in criminal charges against an officer, that when he went to trial, were dismissed,” said Mark Clark, executive director of the Houston Police Officers' Union.
A jury acquitted HPD officer Alfred Alaniz in June 2007 of accepting a $200 bribe not to issue a ticket to a motorist.
Alaniz, one of the department's highest paid officers, who earned more than $100,000 in overtime during a two-year period, claimed he had been set up by internal affairs.
He later relinquished his peace officer's license and retired from the department, part of a plea bargain to dismiss related charges of evidence tampering.
Foster is represented by union attorney Sally Ring, who said she had not yet met with Harris County prosecutors to review their evidence against the officer.
“He is presumed innocent until proven guilty, he has the same constitutional rights as a citizen,“ Ring said. “Just because he is a police officer, I don't think anyone should jump to the conclusion he's guilty.”
Thursday, July 23, 2009
Jayson Stell Alleges Police Brutality
Addressing the Vilonia City Council Tuesday night, Jayson Stell asked the governing body to do their job and police their own force.
Stell, who said he has lived in Vilonia all of his life, detailed a traffic stop in the parking lot at Vilonia High School that occurred last week early on Tuesday morning where he said he became the victim of alleged “police brutality and excessive force” including being tasered.
“I never resisted,” he said. The incident, he told the council, happened in “broad daylight,” in front of a lot of witnesses.
Stell said he was not in the original vehicle that was stopped but instead was responding due to his knowledge that two underage boys were in the vehicle. The boys were reportedly being driven to the high school, and it was the adult driver of that car that was initially stopped. As well, Stell said, a third party (a female responding due to the presence of the minor boys) also allegedly experienced excessive force by officers and she received charges.
“What happened was wrong ... just wrong,” Stell said, calling for the council to be objective. The boys, he said, had no involvement in any wrong doing.
His addressing the council, he said, is an “official request,” asking the council to review audio and video from the dash cam of police cars and also the tape recordings of what happened in the police station as well as statements made by witnesses and be objective. In conclusion, he said he has retained council. A court date, he said, concerning his charges has been set for Aug. 10.
Mayor James Firestone responded to Stell’s request saying the matter is under investigation by Chief of Police Brad McNew. From the audience, McNew, echoed Firestone’s answer. McNew briefly addressed Stell saying it is a case that is under investigation and that has been turned over to the prosecuting attorney’s office.
That said, the meeting was adjourned with Stell taking his seat.
Alderman Kathy French was the only council member to speak out on the matter.
“Will we, as a council, get to see this and hear them,” she addressed McNew. To which, he answered, yes.
Stell, who said he has lived in Vilonia all of his life, detailed a traffic stop in the parking lot at Vilonia High School that occurred last week early on Tuesday morning where he said he became the victim of alleged “police brutality and excessive force” including being tasered.
“I never resisted,” he said. The incident, he told the council, happened in “broad daylight,” in front of a lot of witnesses.
Stell said he was not in the original vehicle that was stopped but instead was responding due to his knowledge that two underage boys were in the vehicle. The boys were reportedly being driven to the high school, and it was the adult driver of that car that was initially stopped. As well, Stell said, a third party (a female responding due to the presence of the minor boys) also allegedly experienced excessive force by officers and she received charges.
“What happened was wrong ... just wrong,” Stell said, calling for the council to be objective. The boys, he said, had no involvement in any wrong doing.
His addressing the council, he said, is an “official request,” asking the council to review audio and video from the dash cam of police cars and also the tape recordings of what happened in the police station as well as statements made by witnesses and be objective. In conclusion, he said he has retained council. A court date, he said, concerning his charges has been set for Aug. 10.
Mayor James Firestone responded to Stell’s request saying the matter is under investigation by Chief of Police Brad McNew. From the audience, McNew, echoed Firestone’s answer. McNew briefly addressed Stell saying it is a case that is under investigation and that has been turned over to the prosecuting attorney’s office.
That said, the meeting was adjourned with Stell taking his seat.
Alderman Kathy French was the only council member to speak out on the matter.
“Will we, as a council, get to see this and hear them,” she addressed McNew. To which, he answered, yes.
Wednesday, July 22, 2009
Officer Gregory Mickel Fired After Arrest for Sexually Assaulting Prostitute
Police Chief William McManus effectively fired an officer Tuesday who was accused this month of sexually assaulting a prostitute while on duty.
Gregory Mickel, 31, was indefinitely suspended, which is tantamount to termination.
McManus' decision came about two weeks after he indefinitely suspended another officer who allegedly dropped his pants, exposing himself to two female students at the University of Texas at San Antonio. The officer, Patrick Muriel, 29, was arrested in February on a charge of indecent exposure.
Before Tuesday's decision, Mickel had been on administrative leave with pay following his arrest July 3 on charges of sexual assault and official oppression.
Mickel admitted to police that he had sex with a prostitute but claimed it was consensual. Yet police spokesman Joe Rios said such a scenario would not absolve an officer of wrongdoing.
“When you're on duty, there's no consent,” Rios said. “When you're in the official capacity of the office, you need to refrain from any of those activities.”
A woman called police last month and said an officer had sexually assaulted her in a secluded area on the East Side.
Officers, including Mickel, responded to the call, and the woman, 46, “made it clear at the time that it had been (Mickel) that sexually assaulted her,” according to an arrest affidavit.
Yet Mickel took responsibility for the call and did not mention the allegation of sexual assault, instead closing the call with an N-code, which relieved him of the responsibility of writing a report. He said he closed the call because the woman was “a psychiatric patient,” according to the document.
The woman that night refused to cooperate with a police investigation, the affidavit stated.
Two days later, she told police the following story:
On June 26, around 9 p.m., a man picked her up in a gray pickup. Soon after, an officer pulled over the truck, ordered her to sit in the back of his patrol car and told the man to leave.
Displaying her criminal history on his mobile laptop, the officer threatened to arrest the woman on her third count of prostitution and take her to jail on a felony charge if she did not have sex with him.
The woman asked the officer to put on a condom but he refused.
During the assault, the officer locked his duty belt in a vehicle compartment and lowered his uniform pants to his knees. Afterward, he drove her to a nearby location and told her to get out.
Computer records and a Global Positioning System later proved Mickel drove to the exact place the woman claimed the sexual assault occurred, the affidavit stated.
The other officer suspended this month, Muriel, who was arrested in February, was handed an indefinite suspension July 10, according to city records and a police spokeswoman.
The UTSA Police Department arrested Muriel after their own criminal investigation, during which the two victims picked him out of a lineup, according to reports.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/07/officer-gregory-mickel-charged-with.html
Gregory Mickel, 31, was indefinitely suspended, which is tantamount to termination.
McManus' decision came about two weeks after he indefinitely suspended another officer who allegedly dropped his pants, exposing himself to two female students at the University of Texas at San Antonio. The officer, Patrick Muriel, 29, was arrested in February on a charge of indecent exposure.
Before Tuesday's decision, Mickel had been on administrative leave with pay following his arrest July 3 on charges of sexual assault and official oppression.
Mickel admitted to police that he had sex with a prostitute but claimed it was consensual. Yet police spokesman Joe Rios said such a scenario would not absolve an officer of wrongdoing.
“When you're on duty, there's no consent,” Rios said. “When you're in the official capacity of the office, you need to refrain from any of those activities.”
A woman called police last month and said an officer had sexually assaulted her in a secluded area on the East Side.
Officers, including Mickel, responded to the call, and the woman, 46, “made it clear at the time that it had been (Mickel) that sexually assaulted her,” according to an arrest affidavit.
Yet Mickel took responsibility for the call and did not mention the allegation of sexual assault, instead closing the call with an N-code, which relieved him of the responsibility of writing a report. He said he closed the call because the woman was “a psychiatric patient,” according to the document.
The woman that night refused to cooperate with a police investigation, the affidavit stated.
Two days later, she told police the following story:
On June 26, around 9 p.m., a man picked her up in a gray pickup. Soon after, an officer pulled over the truck, ordered her to sit in the back of his patrol car and told the man to leave.
Displaying her criminal history on his mobile laptop, the officer threatened to arrest the woman on her third count of prostitution and take her to jail on a felony charge if she did not have sex with him.
The woman asked the officer to put on a condom but he refused.
During the assault, the officer locked his duty belt in a vehicle compartment and lowered his uniform pants to his knees. Afterward, he drove her to a nearby location and told her to get out.
Computer records and a Global Positioning System later proved Mickel drove to the exact place the woman claimed the sexual assault occurred, the affidavit stated.
The other officer suspended this month, Muriel, who was arrested in February, was handed an indefinite suspension July 10, according to city records and a police spokeswoman.
The UTSA Police Department arrested Muriel after their own criminal investigation, during which the two victims picked him out of a lineup, according to reports.
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/07/officer-gregory-mickel-charged-with.html
Chief Robert Peterson Arrested for Domestic Violence
Maysville Police Chief Robert Peterson has been booked on a domestic abuse complaint involving his girlfriend.
Peterson surrendered Tuesday morning and was released on bond.
His attorney, Scott Spratt, says his client should be presumed innocent and the story of the case will be quite different once Peterson gets to tell his side.
Peterson was previously arrested in a separate domestic dispute involving the same woman in 2007 and pleaded guilty to misdemeanor assault in Garvin County.
His girlfriend, Cindy Herrera, who is listed as the victim in the latest allegations, was also charged with assault in the 2007 instance.
The Maysville city council has not determined what actions should be taken regarding Peterson's position as police chief.
Peterson surrendered Tuesday morning and was released on bond.
His attorney, Scott Spratt, says his client should be presumed innocent and the story of the case will be quite different once Peterson gets to tell his side.
Peterson was previously arrested in a separate domestic dispute involving the same woman in 2007 and pleaded guilty to misdemeanor assault in Garvin County.
His girlfriend, Cindy Herrera, who is listed as the victim in the latest allegations, was also charged with assault in the 2007 instance.
The Maysville city council has not determined what actions should be taken regarding Peterson's position as police chief.
Father Claims Police Abused his Two Boys
A father and two boys are accusing Milwaukee police officers of child abuse. They claim the offices roughed them up and used racial slurs.
The incident happened Friday when police pulled over the father and two boys at 794 and Oklahoma because the officers believed one of the boys an AK-47.
It turned out to be a toy gun but officers had no way of knowing that when they tried to arrest everyone.
There are photos of the man's 12-year-old son with red marks on his back. The father believes they are footprints from one of the officers as he tried to hold the boy down.
"I could hear my son saying, 'Stop you are hurting me,'' the boy’s father explained.
The boy’s parents don’t want their names used. They fear retaliation for filing a child abuse claim against the officers.
"These officers need to lose their jobs," said the boy’s mother. "As far as I’m concerned they are child abuser with a badge."
Police say their photos don’t support the abuse claim. But they are investigating the racial slur allegations.
"'What the M----F---- are you doing here?'" said the boy’s father as he recalled the words of the arresting officer! "'Go back to your country.'"
Reporter Charles Benson asked the dad, "There were racial slurs?"
"Yes. He called me an Asian spic," the father said.
Police said a realist looking toy gun triggered the arrest. They saw the boy’s 11-year-old friend was carrying the gun when the father picked him up. A few minutes later, the family's car was surrounded by police and the officers were yelling.
The boys said the gun had an orange tip on it, which is important because it means it’s a toy gun or fake. But when the officers recovered the gun the boys’ claim the officers removed the tip.
The boy’s father claims police never apologized and never offered to help his son who the dad said was injured and traumatized.
The father and the other boy with the toy gun were not hurt.
Police say they responded to the family allegations quickly and have started an investigation.
The incident happened Friday when police pulled over the father and two boys at 794 and Oklahoma because the officers believed one of the boys an AK-47.
It turned out to be a toy gun but officers had no way of knowing that when they tried to arrest everyone.
There are photos of the man's 12-year-old son with red marks on his back. The father believes they are footprints from one of the officers as he tried to hold the boy down.
"I could hear my son saying, 'Stop you are hurting me,'' the boy’s father explained.
The boy’s parents don’t want their names used. They fear retaliation for filing a child abuse claim against the officers.
"These officers need to lose their jobs," said the boy’s mother. "As far as I’m concerned they are child abuser with a badge."
Police say their photos don’t support the abuse claim. But they are investigating the racial slur allegations.
"'What the M----F---- are you doing here?'" said the boy’s father as he recalled the words of the arresting officer! "'Go back to your country.'"
Reporter Charles Benson asked the dad, "There were racial slurs?"
"Yes. He called me an Asian spic," the father said.
Police said a realist looking toy gun triggered the arrest. They saw the boy’s 11-year-old friend was carrying the gun when the father picked him up. A few minutes later, the family's car was surrounded by police and the officers were yelling.
The boys said the gun had an orange tip on it, which is important because it means it’s a toy gun or fake. But when the officers recovered the gun the boys’ claim the officers removed the tip.
The boy’s father claims police never apologized and never offered to help his son who the dad said was injured and traumatized.
The father and the other boy with the toy gun were not hurt.
Police say they responded to the family allegations quickly and have started an investigation.
Officer Michael Trio Accused of Sexual Assault
A Clifton Forge police officer has been accused of sexually assaulting a teenager.
Michael Trio, 51, is accused of abusing an 18-year-old woman while off duty in February.
He was indicted by a grand jury on Monday, July 13 on a misdemeanor charge of sexual battery and a related felony charge.
According to Clifton Forge Police Chief Barry Balser, Trio had been with the department for a year and half.
He's currently out on bond and has a position with the public works department pending the outcome of the trial.
His trial is set for early August.
Update on Officer Robert Sizemore Arrested for Child Rape
A Chattahoochee police officer arrested Saturday in Georgia on rape and child molestation charges is expected to make his first court appearance Friday, said Maj. Wendell Cofer of the Decatur County Sheriff’s Office.
Cofer said Robert Sizemore was arrested on charges of rape, child molestation and aggravated sexual battery. The victim was a juvenile female.
Cofer said Sizemore is currently undergoing medical treatment at an undisclosed hospital. Upon release, Cofer said he will be taken to the Decatur County Jail, unless the jail administrator decides to place him elsewhere because of his status as a former law-enforcement officer.
Cofer said the girl was assaulted Friday night and that she reported it to police the next day. Sizemore was later found at the Jameson Inn in Bainbridge, Ga., where he threatened suicide. Officers were able to talk him into leaving the hotel room peacefully.
A news release from the city of Chattahoochee says Sizemore worked as an officer from Nov. 27, 2008, until the day of his arrest, when he was fired. He worked as a correctional officer with the Florida Department of Corrections from August 2007 until July 2008, and as an officer with the Blountstown Police Department from October 1982 to November 1992.
A Chattahoochee Police officer arrested Saturday in Georgia on rape and child molestation charges has been fired, according to a release from the City of Chattahoochee.
The release states Robert Sizemore, an officer with the Chattahoochee Police Department since Nov. 27, 2008, was arrested on charges of rape, child molestation and aggravated sexual battery by the Decatur County Sheriff's Department following a reported sexual assault by a family member early Saturday morning.
Sizemore was found at the Jameson Inn, 1403 Tallahassee Highway, Bainbridge, Ga., according to the release, and threatened suicide. Chattahoochee Police Chief Vann Pullen came to the scene for assistance by request of DCSO.
The release states Sizemore previously worked as a correctional officer with the Florida Department of Corrections from August 2007 until July 2008, and as an officer with the Blountstown Florida Police Department from October 1982 to November 1992.
Cofer said Robert Sizemore was arrested on charges of rape, child molestation and aggravated sexual battery. The victim was a juvenile female.
Cofer said Sizemore is currently undergoing medical treatment at an undisclosed hospital. Upon release, Cofer said he will be taken to the Decatur County Jail, unless the jail administrator decides to place him elsewhere because of his status as a former law-enforcement officer.
Cofer said the girl was assaulted Friday night and that she reported it to police the next day. Sizemore was later found at the Jameson Inn in Bainbridge, Ga., where he threatened suicide. Officers were able to talk him into leaving the hotel room peacefully.
A news release from the city of Chattahoochee says Sizemore worked as an officer from Nov. 27, 2008, until the day of his arrest, when he was fired. He worked as a correctional officer with the Florida Department of Corrections from August 2007 until July 2008, and as an officer with the Blountstown Police Department from October 1982 to November 1992.
A Chattahoochee Police officer arrested Saturday in Georgia on rape and child molestation charges has been fired, according to a release from the City of Chattahoochee.
The release states Robert Sizemore, an officer with the Chattahoochee Police Department since Nov. 27, 2008, was arrested on charges of rape, child molestation and aggravated sexual battery by the Decatur County Sheriff's Department following a reported sexual assault by a family member early Saturday morning.
Sizemore was found at the Jameson Inn, 1403 Tallahassee Highway, Bainbridge, Ga., according to the release, and threatened suicide. Chattahoochee Police Chief Vann Pullen came to the scene for assistance by request of DCSO.
The release states Sizemore previously worked as a correctional officer with the Florida Department of Corrections from August 2007 until July 2008, and as an officer with the Blountstown Florida Police Department from October 1982 to November 1992.
Tuesday, July 21, 2009
Officer Alphonso Charles Sloan Arrested for Domestic Violence
A Pittsburgh police officer was scheduled to appear in city court today on accusations he assaulted his girlfriend and dumped her on a Strip District curb after dinner at a Penn Avenue eatery.
It's the second time Alphonso Charles Sloan, 38, of Stanton Heights has been arrested in connection with domestic violence charges against his girlfriend, according to a criminal complaint.
Police charged Sloan and Yvonne Williams-Hill, 25, of the Hill District with simple assault. Williams-Hill — who also was previously charged with domestic violence against Sloan, police said — is scheduled to appear in court today, as well.
Williams-Hill told officers she and Sloan were dining at Gene's Last Chance Bar around 10 p.m. July 13. Sloan left the establishment before Williams-Hill finished eating, a criminal complaint states, and only returned after Williams-Hill called him and demanded that he take her home.
Sloan told police he ditched Williams-Hill because she was drunk, court records state.
According to the criminal complaint filed against Sloan:
An argument ensued inside Sloan's vehicle, and he demanded Williams-Hill get out. When she refused, Sloan began striking her "with open hands" and Williams-Hill defended herself "with her raised arms." Sloan then exited the vehicle and yanked Williams-Hill from the front passenger seat by her feet and legs at the corner of Liberty Avenue and 24th Street. He threw one of her shoes in a nearby parking lot.
Police said Williams-Hill suffered minor abrasions on her elbows during the tussle.
Another driver called 911 after finding Williams-Hill lying in the street.
"I was assaulted by my boyfriend," the complaint states Williams-Hill told the woman. "He is a cop."
On July 14, Sloan told police Williams-Hill began verbally and physically assaulting him with her fist and a shoe after he agreed to take her home, a criminal complaint filed against Williams-Hill states. Sloan claims Williams-Hill bit him twice while he attempted to remove her from his car.
Williams-Hill further attacked Sloan outside the car "by ripping his shirt off his back," the complaint states.
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http://www.thepittsburghchannel.com/news/20134138/detail.html
It's the second time Alphonso Charles Sloan, 38, of Stanton Heights has been arrested in connection with domestic violence charges against his girlfriend, according to a criminal complaint.
Police charged Sloan and Yvonne Williams-Hill, 25, of the Hill District with simple assault. Williams-Hill — who also was previously charged with domestic violence against Sloan, police said — is scheduled to appear in court today, as well.
Williams-Hill told officers she and Sloan were dining at Gene's Last Chance Bar around 10 p.m. July 13. Sloan left the establishment before Williams-Hill finished eating, a criminal complaint states, and only returned after Williams-Hill called him and demanded that he take her home.
Sloan told police he ditched Williams-Hill because she was drunk, court records state.
According to the criminal complaint filed against Sloan:
An argument ensued inside Sloan's vehicle, and he demanded Williams-Hill get out. When she refused, Sloan began striking her "with open hands" and Williams-Hill defended herself "with her raised arms." Sloan then exited the vehicle and yanked Williams-Hill from the front passenger seat by her feet and legs at the corner of Liberty Avenue and 24th Street. He threw one of her shoes in a nearby parking lot.
Police said Williams-Hill suffered minor abrasions on her elbows during the tussle.
Another driver called 911 after finding Williams-Hill lying in the street.
"I was assaulted by my boyfriend," the complaint states Williams-Hill told the woman. "He is a cop."
On July 14, Sloan told police Williams-Hill began verbally and physically assaulting him with her fist and a shoe after he agreed to take her home, a criminal complaint filed against Williams-Hill states. Sloan claims Williams-Hill bit him twice while he attempted to remove her from his car.
Williams-Hill further attacked Sloan outside the car "by ripping his shirt off his back," the complaint states.
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http://www.thepittsburghchannel.com/news/20134138/detail.html
Deputy Joshua Woodard Fired for Pointing Camera at Women Taking Showers
A sheriff's deputy has been fired for allegedly pointing a security camera at women while they showered.
Corrections Officer Joshua Woodard admitted to using jail security cameras to zoom in on two female inmates who were taking showers last Monday, said police.
It turned out Woodard was being watched, too; there was another set of security cameras in dispatch. When he inappropriately zoomed in on the women, he was arrested and later fired by Sumner County Sheriff Bob Barker.
"We're not going to tolerate it. We will terminate and prosecute anybody who commits this type of activity," Barker said.
Woodard, who has worked at the jail for two years, was charged with unlawful photography, which is a misdemeanor. He has not had any other major disciplinary problems.
April Creasy, one of the inmates Woodward allegedy video taped, is serving time for Tenncare fraud after becoming addicted to hydrocodone. Her mother said Creasy has turned her life around in jail and will hopefully be going home to her three sons in October.
"She sees the light now," said Anna Lawhorn, her mother.
Related: Watch This Story
Corrections Officer Joshua Woodard admitted to using jail security cameras to zoom in on two female inmates who were taking showers last Monday, said police.
It turned out Woodard was being watched, too; there was another set of security cameras in dispatch. When he inappropriately zoomed in on the women, he was arrested and later fired by Sumner County Sheriff Bob Barker.
"We're not going to tolerate it. We will terminate and prosecute anybody who commits this type of activity," Barker said.
Woodard, who has worked at the jail for two years, was charged with unlawful photography, which is a misdemeanor. He has not had any other major disciplinary problems.
April Creasy, one of the inmates Woodward allegedy video taped, is serving time for Tenncare fraud after becoming addicted to hydrocodone. Her mother said Creasy has turned her life around in jail and will hopefully be going home to her three sons in October.
"She sees the light now," said Anna Lawhorn, her mother.
Related: Watch This Story
Officer David Call Charged with Aggravated Battery
An Apopka police commander faces aggravated battery charges for allegedly punching a woman and her brother while off-duty at a bar.
Authorities said Tuesday 41-year-old David Call turned himself in. The 17-year police veteran has been suspended with pay in connection with the February incident.
Robert Henns, of Eustis, suffered broken ribs. He told police he was restrained by one man while another punched him.
Apopka police say Call has no record of discipline on file. The department is delaying its internal investigation until the criminal case is resolved.
Authorities said Tuesday 41-year-old David Call turned himself in. The 17-year police veteran has been suspended with pay in connection with the February incident.
Robert Henns, of Eustis, suffered broken ribs. He told police he was restrained by one man while another punched him.
Apopka police say Call has no record of discipline on file. The department is delaying its internal investigation until the criminal case is resolved.
Former Officer Donald Greer Arrested for Threatening
The alleged victim in a criminal case against a former city police officer hired a lawyer to defend her credibility in light of comments from the officer's defense attorney last week.
The Stamford woman last week also reported a suspicious object in her mailbox, leading the bomb squad to come to her home, police said. Demolitions experts used a robot to take a three-inch tinfoil ball from her mailbox. It contained burnt match heads, police spokesman Lt. Sean Cooney said.
The object did not contain any explosive material and could not have hurt anyone, Cooney said. But now police are investigating whether it was random vandalism or related to the case against the former officer.
"We have to explore that possibility," Cooney said.
Mark Sherman, a Stamford criminal defense attorney, will represent the woman, who alleges her ex-boyfriend, former Stamford police officer Donald Greer, threatened her. The woman told police Greer was a "predator" and had admitted to being with dozens of domestic violence victims, calling them "easy prey," court documents show.
She was a domestic violence victim whom Greer met while on duty in 2005. They allegedly struck up a relationship, and he testified during a trial that led to the conviction of the woman's ex-boyfriend for unlawful restraint charges.
Sherman said while the courts offer adequate support for domestic violence victims, sometimes a victim will hire an attorney to defend them when their reputation and credibility are challenged.
"It's unfortunate that a victim of domestic violence has to take hits like this in the media," Sherman said. "She refuses to throw stones back and will simply let the truth come out in the appropriate forums."
Christopher Caldwell, the lawyer representing Greer, said last week his client dated the woman for weeks following the first domestic dispute, but then tried to exit the relationship. He said the woman kept Greer close by promising to end his career.
Sherman said his client was undaunted by the claims and will not back down with the prosecution of the former Stamford police officer.
Greer is a 46-year-old Stratford man who left the Stamford Police Department after 24 years last week amid allegations he threatened his former girlfriend and illegally transferred a pistol.
In March, Greer was arrested on threatening and disorderly conduct charges stemming from allegations from the woman, who said she met Greer when he responded to the domestic dispute in which she was assaulted.
Last week, the Chief State's Attorney's Office, which took over the investigation in March, arrested Greer on a felony weapons charge for illegal transfer of a handgun.
The state began investigating Greer because it had concerns about his testimony during a trial that led to the conviction of the woman's ex-boyfriend.
Concerning the item left in the mailbox, Caldwell said: "I hope they dust for fingerprints and look for DNA to show my guy has nothing to do with anything."
The Stamford woman last week also reported a suspicious object in her mailbox, leading the bomb squad to come to her home, police said. Demolitions experts used a robot to take a three-inch tinfoil ball from her mailbox. It contained burnt match heads, police spokesman Lt. Sean Cooney said.
The object did not contain any explosive material and could not have hurt anyone, Cooney said. But now police are investigating whether it was random vandalism or related to the case against the former officer.
"We have to explore that possibility," Cooney said.
Mark Sherman, a Stamford criminal defense attorney, will represent the woman, who alleges her ex-boyfriend, former Stamford police officer Donald Greer, threatened her. The woman told police Greer was a "predator" and had admitted to being with dozens of domestic violence victims, calling them "easy prey," court documents show.
She was a domestic violence victim whom Greer met while on duty in 2005. They allegedly struck up a relationship, and he testified during a trial that led to the conviction of the woman's ex-boyfriend for unlawful restraint charges.
Sherman said while the courts offer adequate support for domestic violence victims, sometimes a victim will hire an attorney to defend them when their reputation and credibility are challenged.
"It's unfortunate that a victim of domestic violence has to take hits like this in the media," Sherman said. "She refuses to throw stones back and will simply let the truth come out in the appropriate forums."
Christopher Caldwell, the lawyer representing Greer, said last week his client dated the woman for weeks following the first domestic dispute, but then tried to exit the relationship. He said the woman kept Greer close by promising to end his career.
Sherman said his client was undaunted by the claims and will not back down with the prosecution of the former Stamford police officer.
Greer is a 46-year-old Stratford man who left the Stamford Police Department after 24 years last week amid allegations he threatened his former girlfriend and illegally transferred a pistol.
In March, Greer was arrested on threatening and disorderly conduct charges stemming from allegations from the woman, who said she met Greer when he responded to the domestic dispute in which she was assaulted.
Last week, the Chief State's Attorney's Office, which took over the investigation in March, arrested Greer on a felony weapons charge for illegal transfer of a handgun.
The state began investigating Greer because it had concerns about his testimony during a trial that led to the conviction of the woman's ex-boyfriend.
Concerning the item left in the mailbox, Caldwell said: "I hope they dust for fingerprints and look for DNA to show my guy has nothing to do with anything."
Trooper Franklin 'Joe' Ryle Jr Pleads Guilty to Plotting to Kill Trucker
Claiming he wanted to clear his conscience, a former state trooper admitted Monday to arresting a truck driver as part of a scheme to kill him, stage a crash and collect settlement money.
Former Wyoming Highway Patrol trooper Franklin "Joe" Ryle Jr., 42, told a federal judge he didn't follow through with the plan because he couldn't bring himself to kill the trucker.
"There is no way I could harm that guy," Ryle said.
Ryle made the admissions as part of a plea deal with federal prosecutors that came six months after he stopped Wal-Mart trucker Richard Smidt while patrolling near Douglas. The trooper planned to murder Smidt and stage a crash with his patrol vehicle in order to collect a settlement from the corporate giant.
Under the terms of the plea agreement, which was laid out during a hearing in U.S. District Court, Ryle pleaded guilty to depriving the truck driver's civil rights and carrying a pistol during the Jan. 8 crime. The government will dismiss a third charge that alleged Ryle solicited a second trooper to participate in the plot.
Prosecutors will recommend Ryle serve a prison sentence of 19 to 22 years. Ryle's attorneys are free to argue for a lesser sentence.
U.S. District Judge Clarence Brimmer asked Ryle why he was pleading guilty, knowing that it will result in a long prison sentence.
"Because that's everything I did," the 12-year patrol veteran replied.
Speaking in a calm voice, Ryle for the first time publicly recounted the traffic stop that led to his arrest and indictment.
Ryle, who lived in Douglas and patrolled the surrounding area, told the court he was on duty when he stopped the Wal-Mart truck outside of town. He handcuffed Smidt and drove him to his house.
Once there, Ryle told his wife he had found a dead Wal-Mart truck driver and wanted to crash the truck into his patrol car.
"Was the basis of the whole scheme to get a lot of money?" Brimmer asked.
"Yes sir," Ryle answered.
"And you were going to have to kill the truck driver?" the judge replied.
"Yes sir," Ryle answered again.
Ryle said he never took his gun out during the encounter but did touch it at one point. He ultimately drove Smidt back to his truck and let him go.
A week after the traffic stop, Ryle's brother-in-law -- a Casper police officer -- told the highway patrol about the incident. Smidt reported the encounter to patrol officials around the same time.
The patrol put Ryle on leave in mid-January. He was arrested two months later following a state and federal investigation. A federal grand jury indicted him on three charges in May.
Ryle's wife told investigators she suspected he might have been planning to kill her as part of the scheme. He was never charged with plotting to kill her.
She filed for divorce in February.
After the hearing, one of Ryle's attorneys said the former trooper suffered from serious depression and has been diagnosed with post-traumatic stress disorder. The disorder came as a result of Ryle's experiences in the U.S. Marines and with the highway patrol, as well as in his personal life, Assistant Federal Public Defender David Weiss said.
"Joe was kind of a mess," Weiss told reporters.
Police officers should be offered more help to deal with mental health issues that come from their work, the attorney added.
"These guys are under a lot of stress," Weiss said.
Jim Barrett, another federal defender who also represents Ryle, said his client has been depressed for a long time. However, evaluations performed after Ryle's arrest did not show he suffered from a serious enough psychiatric issue to render him incompetent for trial.
Justice Department attorney Edward Caspar, who is prosecuting the case, declined to comment after the hearing and referred questions to his agency's public affairs office.
Ryle will remain in federal custody until sentencing, which is a few months away. He is being held in Scottsbluff, Neb.
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http://www.thetrucker.com/News/Stories/2009/7/21/FormerWyomingtrooperpleadsguiltyinplottokilltrucker.aspx
Former Wyoming Highway Patrol trooper Franklin "Joe" Ryle Jr., 42, told a federal judge he didn't follow through with the plan because he couldn't bring himself to kill the trucker.
"There is no way I could harm that guy," Ryle said.
Ryle made the admissions as part of a plea deal with federal prosecutors that came six months after he stopped Wal-Mart trucker Richard Smidt while patrolling near Douglas. The trooper planned to murder Smidt and stage a crash with his patrol vehicle in order to collect a settlement from the corporate giant.
Under the terms of the plea agreement, which was laid out during a hearing in U.S. District Court, Ryle pleaded guilty to depriving the truck driver's civil rights and carrying a pistol during the Jan. 8 crime. The government will dismiss a third charge that alleged Ryle solicited a second trooper to participate in the plot.
Prosecutors will recommend Ryle serve a prison sentence of 19 to 22 years. Ryle's attorneys are free to argue for a lesser sentence.
U.S. District Judge Clarence Brimmer asked Ryle why he was pleading guilty, knowing that it will result in a long prison sentence.
"Because that's everything I did," the 12-year patrol veteran replied.
Speaking in a calm voice, Ryle for the first time publicly recounted the traffic stop that led to his arrest and indictment.
Ryle, who lived in Douglas and patrolled the surrounding area, told the court he was on duty when he stopped the Wal-Mart truck outside of town. He handcuffed Smidt and drove him to his house.
Once there, Ryle told his wife he had found a dead Wal-Mart truck driver and wanted to crash the truck into his patrol car.
"Was the basis of the whole scheme to get a lot of money?" Brimmer asked.
"Yes sir," Ryle answered.
"And you were going to have to kill the truck driver?" the judge replied.
"Yes sir," Ryle answered again.
Ryle said he never took his gun out during the encounter but did touch it at one point. He ultimately drove Smidt back to his truck and let him go.
A week after the traffic stop, Ryle's brother-in-law -- a Casper police officer -- told the highway patrol about the incident. Smidt reported the encounter to patrol officials around the same time.
The patrol put Ryle on leave in mid-January. He was arrested two months later following a state and federal investigation. A federal grand jury indicted him on three charges in May.
Ryle's wife told investigators she suspected he might have been planning to kill her as part of the scheme. He was never charged with plotting to kill her.
She filed for divorce in February.
After the hearing, one of Ryle's attorneys said the former trooper suffered from serious depression and has been diagnosed with post-traumatic stress disorder. The disorder came as a result of Ryle's experiences in the U.S. Marines and with the highway patrol, as well as in his personal life, Assistant Federal Public Defender David Weiss said.
"Joe was kind of a mess," Weiss told reporters.
Police officers should be offered more help to deal with mental health issues that come from their work, the attorney added.
"These guys are under a lot of stress," Weiss said.
Jim Barrett, another federal defender who also represents Ryle, said his client has been depressed for a long time. However, evaluations performed after Ryle's arrest did not show he suffered from a serious enough psychiatric issue to render him incompetent for trial.
Justice Department attorney Edward Caspar, who is prosecuting the case, declined to comment after the hearing and referred questions to his agency's public affairs office.
Ryle will remain in federal custody until sentencing, which is a few months away. He is being held in Scottsbluff, Neb.
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http://www.thetrucker.com/News/Stories/2009/7/21/FormerWyomingtrooperpleadsguiltyinplottokilltrucker.aspx
Officer Benjamin Miles Cordova Arrested for Fraud
A North Las Vegas police officer has been arrested on charges of fraud after allegedly misusing a department credit card.
North Las Vegas police spent the past week investigating one of their own, 39-year-old Benjamin Miles Cordova. They determined he'd been using a department credit card for personal use.
Police said he used the card for personal gain on three separate occasions and has been booked into the North Las Vegas Detention Center on suspicion of three counts of fraudulent use of a credit card and three counts of receiving property obtained by unlawful use of a credit card.
The investigation began a week ago when investigators learned a card was missing.
“There are two things in law enforcement that can’t be tolerated – dishonesty, and the other is theft,” said NLVPD spokeswoman Chrissie Coon. “Those are things that administration takes very seriously, and I think all officers know they’re all held to the same standard.”
Cordova was a patrol officer who had served 6 1/2 years with the NLVPD.
Police said they have the necessary checks and balances in place to make sure police officers do not get away with this.
Cordoba is on paid administrative leave, as Nevada state law requires.
Previous Stories:
July 21, 2009: North Las Vegas Police Officer Arrested
July 16, 2009: 2 Fired NLV Officers Bound Over For Trial
North Las Vegas police spent the past week investigating one of their own, 39-year-old Benjamin Miles Cordova. They determined he'd been using a department credit card for personal use.
Police said he used the card for personal gain on three separate occasions and has been booked into the North Las Vegas Detention Center on suspicion of three counts of fraudulent use of a credit card and three counts of receiving property obtained by unlawful use of a credit card.
The investigation began a week ago when investigators learned a card was missing.
“There are two things in law enforcement that can’t be tolerated – dishonesty, and the other is theft,” said NLVPD spokeswoman Chrissie Coon. “Those are things that administration takes very seriously, and I think all officers know they’re all held to the same standard.”
Cordova was a patrol officer who had served 6 1/2 years with the NLVPD.
Police said they have the necessary checks and balances in place to make sure police officers do not get away with this.
Cordoba is on paid administrative leave, as Nevada state law requires.
Previous Stories:
July 21, 2009: North Las Vegas Police Officer Arrested
July 16, 2009: 2 Fired NLV Officers Bound Over For Trial
Oklahoma Paramedic Sues Trooper Over Scuffle Caught on Video
A paramedic has sued an Oklahoma highway police officer over a scuffle that occurred while a patient waited inside the paramedic's ambulance, FOX News has learned.
Paramedic Maurice White is seeking punitive and compensatory damages against Trooper Daniel Martin in a case that rose to national prominence this summer after a cell phone video of the conflict appeared on YouTube — showing Martin at one point grabbing White by the neck.
The suit claims that Martin used unreasonable force while seizing White and criticizes the Oklahoma Highway Patrol for failing to take action on the matter over the course of the past two months.
The Oklahoma Highway Patrol is preparing this week to announce how it will deal with Trooper Martin, who has been on administrative leave since June 1, FOX News has learned.
Click here for a squad video excerpt.
Paramedic Maurice White is seeking punitive and compensatory damages against Trooper Daniel Martin in a case that rose to national prominence this summer after a cell phone video of the conflict appeared on YouTube — showing Martin at one point grabbing White by the neck.
The suit claims that Martin used unreasonable force while seizing White and criticizes the Oklahoma Highway Patrol for failing to take action on the matter over the course of the past two months.
The Oklahoma Highway Patrol is preparing this week to announce how it will deal with Trooper Martin, who has been on administrative leave since June 1, FOX News has learned.
Click here for a squad video excerpt.
Martin stopped the ambulance May 24 for failing to yield to his squad car.
White says he got out of the ambulance to tell the trooper they were taking a patient to the hospital. The argument quickly escalated into a scuffle and Martin put White in an apparent choke hold.
Martin's attorney says the trooper either didn't hear that there was a patient in the ambulance or it didn't register. He says White failed to comply with the trooper's orders.
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