WINNFIELD, Louisiana
A police officer shocked a handcuffed Baron "Scooter" Pikes nine times with a Taser after arresting him on a cocaine charge.
Baron Pikes, 21, was Tasered nine times by a police officer in January in Winnfield, Louisiana.
He stopped twitching after seven, according to a coroner's report. Soon afterward, Pikes was dead.
Now the officer, since fired, could end up facing criminal charges in Pikes' January death after medical examiners ruled it a homicide.
Dr. Randolph Williams, the Winn Parish coroner, said the 21-year-old sawmill worker was jolted so many times by the 50,000-volt Taser that he might have been dead before the last two shocks were delivered.
Williams ruled Pikes' death a homicide in June after extensive study.
Winn Parish District Attorney Christopher Nevils said he will decide on any charges against the ex-officer, Scott Nugent, once a Louisiana State Police report on the case is complete.
"It's taken several months for this case to even be properly addressed, so one has to wonder, why did it take so long?" said Carol Powell Lexing, a lawyer for the Pikes family. "Obviously, a wrongful death occurred."
Nugent's lawyer, Phillip Terrell, said his client followed proper procedure to subdue a man who outweighed him by 100 pounds. But Williams said Pikes was already handcuffed and on the ground when first hit with the Taser, after the 247-pound suspect was slow to follow police orders to get up.
Winnfield, a sleepy lumber town about 100 miles southeast of Shreveport, Louisiana, is best known as the birthplace of legendary Louisiana governors Huey and Earl Long. It's also about 45 miles northwest of Jena, Louisiana, where a racially charged assault case sparked a September 2007 demonstration by an estimated 15,000 people. Watch racism charges fly after Taser death »
One of the teenage defendants in that case, Mychal Bell, is Pikes' first cousin -- and his lawyer was Powell Lexing.
Nugent is white; Pikes was black. His death led to demonstrations that drew several dozen people in Winnfield, where the population of about 15,000 is roughly half African-American.
"The family wants justice," Lexing said. "This is just another example of why it's very important to stay vigilant with these types of cases, on the injustice that's been perpetrated on the disadvantaged."
But Winnfield police Lt. Chuck Curry said race "isn't an issue at all" in the matter.
"This has come down to a police officer that was trying to apprehend a suspect that they had warrants for," he said. "He done what he thought he was trained to do to bring that subject into custody. At some point, something happened with his body that caused him to go into cardiac arrest or whatever."
According to police, Pikes was wanted on a charge of possession of cocaine when police tried to arrest him outside a shopping center January 12.
"He would not stop for the officer," Curry said. "At some point in there, he was Tased to bring him under control, and several hours later, died at the emergency room."
Terrell said Pikes was fighting Nugent "on uneven ground" amid obstructions such as concrete blocks and barbed wire.
"He's fighting, wrestling with an individual who weighs 100 pounds more than him," he said. "His partner had just come back to the police department from triple bypass surgery and could not assist Officer Nugent."
Terrell said his client "used every means possible" to take Pikes into custody before pulling out his Taser, a weapon Winnfield police purchased in 2007.
"The only thing he could have done other than to say, 'OK, we're going to let you go' is to beat him or Tase him. He did the right thing," Terrell said.
Williams, who ruled Pikes' death a homicide in June after extensive study, said Nugent fired his Taser at Pikes six times in less than three minutes -- shots recorded by a computer chip in the weapon's handle. Then officers put Pikes in the back of a cruiser and drove him to their police station -- where Nugent fired a seventh shot, directly against Pikes' chest.
"After he was given that drive stun to the chest, he was pulled out of the car onto the concrete, " Williams told CNN. "He was electroshocked two more times, which two officers noted that he had no neuromuscular response to those last two 50,000-volt electroshocks."
Williams said he had two nationally known forensic pathologists, including former New York city medical examiner Michael Baden, review the case before issuing his conclusions. He said it's possible Nugent was shocking a dead man the last two times he pulled the trigger.
"This fellow was talking in the back seat of the car prior to shot number seven," he said. "From that point on, it becomes questionable [if Pikes was still alive]."
Curry said Pikes told officers he suffered from asthma and had been using PCP and crack cocaine. But Williams said he found no sign of drug use in the autopsy, and no record of asthma in Pikes' medical history.
In the year since Winnfield police received Tasers, officers have used them 14 times, according to police records -- with 12 of the instances involving black suspects. Ten of the 14 incidents involved Nugent, who has no public disciplinary record.
Nugent was suspended after Pikes' death, and Winnfield's City Council voted 3-2 to fire him in May. He is appealing his dismissal, and his lawyer says he followed proper procedures in Pikes' case. He was trained in the use of the Taser by a senior police officer who was present during the incident that led to Pikes' death, Terrell said.
Curry said Taser International, the device's manufacturer, indicates that "multiple Tasings do not affect a person." But he said he could not explain why Pikes was shocked so many times, and said whether Nugent followed proper procedure was "yet to be determined."
But a copy of the Winnfield Police Department's Taser training manual, says the device "shall only be deployed in circumstances where it is deemed reasonably necessary to control a dangerous or violent subject." And Williams said regulations regarding the use of Tasers were not followed.
"It violated every aspect -- every single aspect -- of the department's policy about its use," the coroner said.
Winnfield has seen a spate of high-profile corruption cases in recent years. One of Nevils' predecessors as district attorney, Terry Reeves, killed himself amid allegations of embezzlement and extortion. The town's current police chief, Johnny Ray Carpenter, is a convicted drug offender who received a pardon from former Louisiana Gov. Edwin Edwards who himself is now serving a federal prison term for racketeering.
And Carpenter's predecessor, Gleason Nugent -- the father of Pikes' arresting officer -- committed suicide in 2005, after allegations of fraud and vote buying in the race for police chief, an elected position in Winnfield.
Now Nevils is awaiting the state police report on Pikes' death, which will be presented to a grand jury for possible charges against Nugent -- a possibility Curry said would be a blow to the department.
"It's one of these no-win situations he said. "No matter the outcome, nobody's going to win in this case."
Friday, July 25, 2008
Officers Dog Left in Car Dies of Heat Stroke
SAN DIEGO
The San Diego police dog left in the back of his handler's patrol car last month died of heat stroke, county investigators said Tuesday, and it will be up to the District Attorney's Office to determine whether a crime was committed.
A monthlong investigation by the county's Department of Animal Services found that the 5-year-old Belgian Malinois was left in the car with the windows rolled up.
Officer Paul Hubka told authorities he found his dog Forrest in the car parked in the driveway of his Alpine home July 20. Temperatures reached 108 degrees that day.
Hubka, a 22-year veteran of the Police Department, declined to give any further statements to investigators on the advice of his attorney, Animal Services director Dawn Danielson said.
Investigators say the dog was in the car for possibly as long as seven hours, although even a half-hour could be fatal. Interior car temperatures can reach 130 degrees on such hot days.
“It's a horrific way to die,” Danielson said. “He's panting hot air, his insides heat up, he bleeds internally. He's in a state of panic, trying desperately to get out.”
The necropsy, performed by a veterinary pathologist with the county's Animal Disease and Diagnostic laboratory, found no signs of diseases or injury.
The investigation's findings have been forwarded to the District Attorney's Office, which will decide whether to charge Hubka.
The Police Department will launch an administrative investigation into the death once prosecutors are finished with the case, said department spokeswoman Monica Muñoz.
Hubka, who also serves on the board of the San Diego Police Officers Association, is working a desk job in the meantime.
Another of Hubka's police dogs, named Rexo, died last year from gastric torsion, a condition also known as bloat, Danielson said. Deep-chested dogs are susceptible to the sudden illness, associated with the stomach filling with air and twisting.
Rexo died in the care of another officer while Hubka was on vacation in June 2007.
Every year, police dogs die from being left in squad cars or working in sweltering conditions, according to the U.S. Police Canine Association. However, no agency tracks the number of heat-related deaths.
In Chandler, Ariz., a K9 sergeant was arrested last year and charged with misdemeanor animal cruelty for leaving his dog in the back of his car for 13 hours, according to news reports. A trial is pending.
In 1999, a San Diego police dog died when left in the back of a hot patrol car for 90 minutes during the summer.
Officer Lawrence Cahill said his air-conditioning wasn't working well that day but it was functioning. He chose to leave the dog in the car, with the windows rolled up, rather than put him in a kennel a few feet away.
The air-conditioning gave out, however, and the dog died of heat exhaustion.
Cahill was charged with misdemeanor animal cruelty, but his 2000 trial ended in a hung jury. The City Attorney's Office later decided to drop the case completely.
The San Diego police dog left in the back of his handler's patrol car last month died of heat stroke, county investigators said Tuesday, and it will be up to the District Attorney's Office to determine whether a crime was committed.
A monthlong investigation by the county's Department of Animal Services found that the 5-year-old Belgian Malinois was left in the car with the windows rolled up.
Officer Paul Hubka told authorities he found his dog Forrest in the car parked in the driveway of his Alpine home July 20. Temperatures reached 108 degrees that day.
Hubka, a 22-year veteran of the Police Department, declined to give any further statements to investigators on the advice of his attorney, Animal Services director Dawn Danielson said.
Investigators say the dog was in the car for possibly as long as seven hours, although even a half-hour could be fatal. Interior car temperatures can reach 130 degrees on such hot days.
“It's a horrific way to die,” Danielson said. “He's panting hot air, his insides heat up, he bleeds internally. He's in a state of panic, trying desperately to get out.”
The necropsy, performed by a veterinary pathologist with the county's Animal Disease and Diagnostic laboratory, found no signs of diseases or injury.
The investigation's findings have been forwarded to the District Attorney's Office, which will decide whether to charge Hubka.
The Police Department will launch an administrative investigation into the death once prosecutors are finished with the case, said department spokeswoman Monica Muñoz.
Hubka, who also serves on the board of the San Diego Police Officers Association, is working a desk job in the meantime.
Another of Hubka's police dogs, named Rexo, died last year from gastric torsion, a condition also known as bloat, Danielson said. Deep-chested dogs are susceptible to the sudden illness, associated with the stomach filling with air and twisting.
Rexo died in the care of another officer while Hubka was on vacation in June 2007.
Every year, police dogs die from being left in squad cars or working in sweltering conditions, according to the U.S. Police Canine Association. However, no agency tracks the number of heat-related deaths.
In Chandler, Ariz., a K9 sergeant was arrested last year and charged with misdemeanor animal cruelty for leaving his dog in the back of his car for 13 hours, according to news reports. A trial is pending.
In 1999, a San Diego police dog died when left in the back of a hot patrol car for 90 minutes during the summer.
Officer Lawrence Cahill said his air-conditioning wasn't working well that day but it was functioning. He chose to leave the dog in the car, with the windows rolled up, rather than put him in a kennel a few feet away.
The air-conditioning gave out, however, and the dog died of heat exhaustion.
Cahill was charged with misdemeanor animal cruelty, but his 2000 trial ended in a hung jury. The City Attorney's Office later decided to drop the case completely.
Officer Acquitted of Posing as Deputy
BELLEVILLE, Ill.
A former Alorton and Red Bud police officer has been acquitted of felony charges that he posed as a sheriff's deputy when he tried to arrest a young woman.
But 36-year-old Jon Lair was convicted Thursday of misdemeanor drunken driving.
Authorities say Lair told a 19-year-old woman he was a sheriff's deputy when he allegedly tried to arrest her in Belleville in January of last year and tried to force her into his pickup truck.
Investigators say the woman recognized the arrest was false and managed to escape. Lair was later arrested by Belleville police.
The St. Clair County jury acquitted Lair of unlawful restraint, impersonating an officer and two counts of official misconduct. Sentencing is set for August for the DUI.
A former Alorton and Red Bud police officer has been acquitted of felony charges that he posed as a sheriff's deputy when he tried to arrest a young woman.
But 36-year-old Jon Lair was convicted Thursday of misdemeanor drunken driving.
Authorities say Lair told a 19-year-old woman he was a sheriff's deputy when he allegedly tried to arrest her in Belleville in January of last year and tried to force her into his pickup truck.
Investigators say the woman recognized the arrest was false and managed to escape. Lair was later arrested by Belleville police.
The St. Clair County jury acquitted Lair of unlawful restraint, impersonating an officer and two counts of official misconduct. Sentencing is set for August for the DUI.
Wednesday, July 23, 2008
Husband Charged With Kidnapping and Assaulting Wife
A Fort Bliss, Texas, soldier reported missing and possibly in danger was located by authorities Sunday after she was kidnapped and assaulted by her husband, El Paso, Texas, police said Monday.
The 34-year-old husband was arrested on charges of aggravated kidnapping and is now being held on $75,000 bond, said El Paso Police officer Chris Mears.
The complaint affidavit against him says he kicked, stabbed and raped his wife, according to the El Paso Times.
CNN does not identify alleged victims of sexual assault without their consent and is not naming the husband because it could lead to the soldier's identity.
Hospital officials at Fort Bliss told The Associated Press the woman had been treated and released.
The 29-year-old private first class had been reported missing Friday when she failed to show up for work at the base.
Mears said the man had been distraught after his wife told him she would be ending their relationship, and he waited in her off-post apartment until she came home late Thursday night.
When she arrived, Mears said, he stabbed her twice and forced her to drive with him to Las Vegas, Nevada. The two returned to El Paso on a Greyhound bus, he said.
There was no indication why he chose Las Vegas as their destination, Mears said. El Paso police are working with their counterparts in Las Vegas, he added.
The man went to police after seeing a newspaper article about the disappearance, said Mears, who refused to comment on whether he had confessed to any crime.
The 34-year-old husband was arrested on charges of aggravated kidnapping and is now being held on $75,000 bond, said El Paso Police officer Chris Mears.
The complaint affidavit against him says he kicked, stabbed and raped his wife, according to the El Paso Times.
CNN does not identify alleged victims of sexual assault without their consent and is not naming the husband because it could lead to the soldier's identity.
Hospital officials at Fort Bliss told The Associated Press the woman had been treated and released.
The 29-year-old private first class had been reported missing Friday when she failed to show up for work at the base.
Mears said the man had been distraught after his wife told him she would be ending their relationship, and he waited in her off-post apartment until she came home late Thursday night.
When she arrived, Mears said, he stabbed her twice and forced her to drive with him to Las Vegas, Nevada. The two returned to El Paso on a Greyhound bus, he said.
There was no indication why he chose Las Vegas as their destination, Mears said. El Paso police are working with their counterparts in Las Vegas, he added.
The man went to police after seeing a newspaper article about the disappearance, said Mears, who refused to comment on whether he had confessed to any crime.
Cpl Alain Boulianne Charged with Sex with Minor
A Codiac Regional Police officer who has been suspended with pay since early last fall was charged in provincial court yesterday with sexual interference with a minor.
Cpl. Alain Boulianne was not in court but his lawyer, James Letcher, elected on his behalf to be tried in provincial court. A preliminary hearing was set for Aug. 18.
A judge from outside this region will hear the case.
Bouliane has most recently led Codiac's traffic division.
Codiac officials said late last year that an officer had been suspended with pay after allegations of a sexual nature were made against him by a teenaged girl. Letcher has said the charges will be vigorously defended and that his client was anxious to get to court.
The case was investigated by the Saint John Police Force.
Cpl. Alain Boulianne was not in court but his lawyer, James Letcher, elected on his behalf to be tried in provincial court. A preliminary hearing was set for Aug. 18.
A judge from outside this region will hear the case.
Bouliane has most recently led Codiac's traffic division.
Codiac officials said late last year that an officer had been suspended with pay after allegations of a sexual nature were made against him by a teenaged girl. Letcher has said the charges will be vigorously defended and that his client was anxious to get to court.
The case was investigated by the Saint John Police Force.
Monday, July 21, 2008
Former Sheriff Sentenced to 210 months for Transmitting Child Porn
Oklahoma City, Oklahoma
John C. Richter, United States Attorney for the Western District of Oklahoma, announced today that MICHAEL WADE KENT, 52, of Ponca City, Oklahoma, was sentenced to serve 210 months in federal prison, followed by 5 years of supervised release, for using the internet to transmit child pornography. Kent was a former Deputy Sheriff in Kay County who was indicted last July by a federal grand jury.
At his plea hearing in December of 2007, Kent admitted that on February 21, 2007, he sent a video clip of a 12-13 year old girl engaged in oral sex using the internet. The person to whom he sent the video was an undercover FBI agent.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The case is the result of an investigation conducted by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Randy Sengel.
John C. Richter, United States Attorney for the Western District of Oklahoma, announced today that MICHAEL WADE KENT, 52, of Ponca City, Oklahoma, was sentenced to serve 210 months in federal prison, followed by 5 years of supervised release, for using the internet to transmit child pornography. Kent was a former Deputy Sheriff in Kay County who was indicted last July by a federal grand jury.
At his plea hearing in December of 2007, Kent admitted that on February 21, 2007, he sent a video clip of a 12-13 year old girl engaged in oral sex using the internet. The person to whom he sent the video was an undercover FBI agent.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The case is the result of an investigation conducted by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Randy Sengel.
Guilty Plea Ends Phase of Lengthy Narcotics and Public Corruption Investigation
United States Attorney David E. O'Meilia announced that a guilty plea in federal court ends a phase in a complex multi-agency investigation that spanned four years and is related to the investigation and prosecutions of at least 25 other individuals.
Kejuan Lavell Daniels, age 34, of Tulsa, pled guilty today to Conspiracy, and admitted that between December 2002 until sometime in 2006, he entered into agreements with others to import and distribute in excess of five kilograms of cocaine and in excess of 50 grams of crack cocaine. According to the plea agreement, the total sum of cocaine that was distributed in the Tulsa area was in excess of 100 kilograms (220 pounds).
The original investigation began in December 2004 as a narcotics matter, but it was discovered that Daniels and his organization had cultivated individuals within local law enforcement to obtain sensitive information in order to protect his drug trafficking activities and to avoid detection and apprehension. The resulting public corruption investigation resulted in the convictions of former Tulsa police officer and detective Rico Yarbrough, former Tulsa police records clerk DeShon Stanley and her mother Diana Brice. Another branch of the investigation ultimately led to the investigation, prosecution and conviction of a number of individuals on income tax fraud to include a Tulsa tax preparer. Investigators utilized three court authorized wiretaps during the probe of Daniel's organization which resulted in the interception of over 40,000 telephone calls and text messages in just over three months.
The law enforcement effort was spearheaded by the Organized Crime Drug Enforcement Task Force (O.C.D.E.T.F.), and included agents from the Federal Bureau of Investigation, Drug Enforcement Administration, Internal Revenue Service Criminal Intelligence Division, and Task Force Officers assigned from the Tulsa Police Department Special Investigations Division.
Assistant U.S. Attorneys Robert T. Raley and Joseph F. Wilson were involved in coordinating the Task Force investigation and handled the prosecution of the case against defendant Kejuan Daniels.
U.S. Attorney O'Meilia commended the outstanding efforts of all the prosecutors and law enforcement agents involved in the investigation and prosecution, further stating: A The Northern District of Oklahoma Organized Crime Drug Enforcement Task Force will relentlessly identify, pursue, disrupt and dismantle large drug trafficking organizations. We will insure that the drug traffickers, as well as their sources of supply and anyone who furthers the enterprise, are investigated, prosecuted, and that their ill-gotten profits and property are taken away and forfeited to the government. The investigation and prosecution of the high-level members of this significant cocaine trafficking endeavor and the corrupt public servants that assisted them is just part of federal, state and local law enforcement agencies continuing coordinated efforts to make our communities in northeast Oklahoma safer by combating the distribution of illegal drugs.
Kejuan Lavell Daniels, age 34, of Tulsa, pled guilty today to Conspiracy, and admitted that between December 2002 until sometime in 2006, he entered into agreements with others to import and distribute in excess of five kilograms of cocaine and in excess of 50 grams of crack cocaine. According to the plea agreement, the total sum of cocaine that was distributed in the Tulsa area was in excess of 100 kilograms (220 pounds).
The original investigation began in December 2004 as a narcotics matter, but it was discovered that Daniels and his organization had cultivated individuals within local law enforcement to obtain sensitive information in order to protect his drug trafficking activities and to avoid detection and apprehension. The resulting public corruption investigation resulted in the convictions of former Tulsa police officer and detective Rico Yarbrough, former Tulsa police records clerk DeShon Stanley and her mother Diana Brice. Another branch of the investigation ultimately led to the investigation, prosecution and conviction of a number of individuals on income tax fraud to include a Tulsa tax preparer. Investigators utilized three court authorized wiretaps during the probe of Daniel's organization which resulted in the interception of over 40,000 telephone calls and text messages in just over three months.
The law enforcement effort was spearheaded by the Organized Crime Drug Enforcement Task Force (O.C.D.E.T.F.), and included agents from the Federal Bureau of Investigation, Drug Enforcement Administration, Internal Revenue Service Criminal Intelligence Division, and Task Force Officers assigned from the Tulsa Police Department Special Investigations Division.
Assistant U.S. Attorneys Robert T. Raley and Joseph F. Wilson were involved in coordinating the Task Force investigation and handled the prosecution of the case against defendant Kejuan Daniels.
U.S. Attorney O'Meilia commended the outstanding efforts of all the prosecutors and law enforcement agents involved in the investigation and prosecution, further stating: A The Northern District of Oklahoma Organized Crime Drug Enforcement Task Force will relentlessly identify, pursue, disrupt and dismantle large drug trafficking organizations. We will insure that the drug traffickers, as well as their sources of supply and anyone who furthers the enterprise, are investigated, prosecuted, and that their ill-gotten profits and property are taken away and forfeited to the government. The investigation and prosecution of the high-level members of this significant cocaine trafficking endeavor and the corrupt public servants that assisted them is just part of federal, state and local law enforcement agencies continuing coordinated efforts to make our communities in northeast Oklahoma safer by combating the distribution of illegal drugs.
Former Officer Charged with Embezzlement
Oklahoma
A former Moffett police officer was charged Wednesday for embezzlement for allegedly failing to return police-issued weapons belonging to the town.
Larry G. Ruiz Jr., 36, of Sallisaw was charged in Sequoyah County District Court in Sallisaw with one count of embezzlement relating to a 12-gauge shotgun and a pistol, worth over $1,000, owned by the town, court records indicate.
Moffett Police Chief Charles Miller wrote in a statement that Ruiz was employed as a police officer by the town on Jan. 8, 2006. On Oct. 1, 2007, Ruiz was laid off from his position. Since that time, Miller wrote that Ruiz has been verbally asked to return any items issued to him that are property of the police department. Several attempts by Miller and other officers were made by the town to obtain the items, Miller said.
Miller spoke to Ruiz on two occasions. Ruiz allegedly told Miller that he had possession of the duty weapons, including pistols, a shotgun and Taser. Ruiz allegedly told Miller that he sold one of the pistols believing to be a gift personally to him. Miller told Ruiz to make an effort to get the pistol back and return all the items issued to him.
Ruiz allegedly told Miller that his wife, from whom he was separated, had possession of his other items. Miller told Ruiz on June 6 that he had 48 hours to return the items. Ruiz allegedly agreed to return the weapons and his police officer badges.
On July 11, Miller spoke with Ruiz again, who allegedly said he would turn in his items on the following Sunday.
Miller wrote that all efforts to get the property back have been ignored. Ruiz has a commission card that is not in effect and several deadly weapons, along with all his badges and uniforms, Miller reported. Miller wrote that Ruiz has also been enrolling in training classes as an officer for the town without Miller's permission.
Miller said his office has received a copy of a Tulsa County petition for a protective order concerning Ruiz's wife and children, filed June 6. There is also allegedly a misdemeanor warrant for Ruiz's arrest for misdemeanor harassing and threatening communication by phone, Miller wrote.
A former Moffett police officer was charged Wednesday for embezzlement for allegedly failing to return police-issued weapons belonging to the town.
Larry G. Ruiz Jr., 36, of Sallisaw was charged in Sequoyah County District Court in Sallisaw with one count of embezzlement relating to a 12-gauge shotgun and a pistol, worth over $1,000, owned by the town, court records indicate.
Moffett Police Chief Charles Miller wrote in a statement that Ruiz was employed as a police officer by the town on Jan. 8, 2006. On Oct. 1, 2007, Ruiz was laid off from his position. Since that time, Miller wrote that Ruiz has been verbally asked to return any items issued to him that are property of the police department. Several attempts by Miller and other officers were made by the town to obtain the items, Miller said.
Miller spoke to Ruiz on two occasions. Ruiz allegedly told Miller that he had possession of the duty weapons, including pistols, a shotgun and Taser. Ruiz allegedly told Miller that he sold one of the pistols believing to be a gift personally to him. Miller told Ruiz to make an effort to get the pistol back and return all the items issued to him.
Ruiz allegedly told Miller that his wife, from whom he was separated, had possession of his other items. Miller told Ruiz on June 6 that he had 48 hours to return the items. Ruiz allegedly agreed to return the weapons and his police officer badges.
On July 11, Miller spoke with Ruiz again, who allegedly said he would turn in his items on the following Sunday.
Miller wrote that all efforts to get the property back have been ignored. Ruiz has a commission card that is not in effect and several deadly weapons, along with all his badges and uniforms, Miller reported. Miller wrote that Ruiz has also been enrolling in training classes as an officer for the town without Miller's permission.
Miller said his office has received a copy of a Tulsa County petition for a protective order concerning Ruiz's wife and children, filed June 6. There is also allegedly a misdemeanor warrant for Ruiz's arrest for misdemeanor harassing and threatening communication by phone, Miller wrote.
Exercise in Police Corruption
MADISON, Conn.
It can be tough to be one of those too-perfect Connecticut towns.
In Greenwich, Wifflegate came to a rancorous, well-publicized close on Friday morning as a town demolition crew using sledgehammers and crowbars knocked down the offending Wiffle ball park built by local youths, providing ample grist for meditations on suburban mores, modern parenting, the tyranny of lawyers and the phrase Greenwich Mean Time.
Sixty-three miles up Interstate 95, in this affluent little seaside town, which some locals like to think of as Greenwich in a lower gear, the fly in the punch bowl is a sprawling exercise in police corruption that’s been dragging on for almost two years. In a town of 18,000 with virtually no violent crime, 8 officers, so far, on a force of 24 have been accused of taking part in or turning a blind eye to crimes including burglaries, the electronic stalking of women, sex with prostitutes and worker compensation fraud. It’s like a low-life Elmore Leonard novel transported from Detroit to Martha’s Vineyard that began when an officer was caught on a surveillance camera removing bags of lobsters from Lenny & Joe’s Fish Tale, a popular local restaurant.
It’s a reminder that, as any marketing person will tell you, the glossier the brand, the farther the bad news travels.
“The first feeling people have is betrayal that people we trusted have dishonored us and stabbed us in the back,” said Alfred J. Goldberg, a former hospital administrator and a Democrat, elected first selectman, a post akin to mayor, a year ago in this heavily Republican town, partly in response to the police scandals.
“The second is that they’re upset by the besmirching of this community’s reputation. They hate it when they go someplace and people say, ‘Oh, you’re from Madison. Those guys grab any butter to go with the lobster?’ Or ‘You don’t have to pay those cops a lot with those fringe benefits.’ People hate it. They’re so proud of this town, they hate having to suffer the slings and arrows of cheap insults.”
At least Greenwich usually gets in the news for mini-dramas bordering on self-parody — asking the state for emergency aid because of the influx of cars from New York coming to buy Powerball tickets, civic hysteria over goose droppings, keeping outsiders off the town beach, knocking down a Wiffle ball field.
Madison, settled in 1641, is a much more low-key place, known for its New England atmospherics and its lovely beaches, where some are happy to be compared with Greenwich and many are not. The coffee shops on Boston Post Road tend to be local and independent. One of the nation’s most admired independent bookstores, R. J. Julia Booksellers, sits across the street from the esteemed Madison Art Cinemas (coming Aug. 1: “Brideshead Revisited”). The local library has a big sign out front reading “Art to Benefit the Blind.” On the other hand, the most conspicuous local industry is wealth management.
But Madison’s bad news has had real-world consequences — consequences that include the $337,420 in legal fees last year alone relating to the eight officers fired, suspended or facing charges; the residents who think twice before calling the police; and the effects on the justice system. One man involved in a drunken-driving death avoided possible prison time in April because a police officer who investigated the case had been recently fired in the wake of the prostitution investigation. The prosecutor figured the officer would not make much of a witness.
Mr. Goldberg, who was elected after riding his bicycle to knock on 1,523 doors, said it had been painful, but people expect the town to uncover every stone, and the end of the investigation is in sight. That’s the good news. The bad news is that a hearing at the end of the month will examine the actions of a widely admired police lieutenant. And the hearing after that concerns the suspended police chief, Paul Jakubson, and will probably reprise every bit of dirty laundry and then some. Mr. Goldberg said that Chief Jakubson, like all the others under investigation, deserved the presumption of innocence and that it would be a mistake to lump the town’s good officers with the dishonorable ones. But he also said there was no guarantee other officers wouldn’t be implicated.
Still, in town, the police scandals have dragged on for so long, and enough new officers have been hired, that many people seem to have already moved on. “People are disgusted, but there’s a sense it’s being taken care of,” said Arnold S. Gorlick, owner of the cinema.
Mr. Goldberg, a history buff with a picture of James Madison behind his desk, frets about the scandal’s legs. “People have had friends and relatives as far away as New Zealand who’ve heard about the Madison police,” he said. “They come back from Asia and say it was on Bloomberg Asia that day.”
It’s all pretty mortifying. Still, he sighed, “It was the lobster that really got everyone’s attention.”
Maybe if they’d stolen plumbing supplies, no one outside town would have paid much attention.
It can be tough to be one of those too-perfect Connecticut towns.
In Greenwich, Wifflegate came to a rancorous, well-publicized close on Friday morning as a town demolition crew using sledgehammers and crowbars knocked down the offending Wiffle ball park built by local youths, providing ample grist for meditations on suburban mores, modern parenting, the tyranny of lawyers and the phrase Greenwich Mean Time.
Sixty-three miles up Interstate 95, in this affluent little seaside town, which some locals like to think of as Greenwich in a lower gear, the fly in the punch bowl is a sprawling exercise in police corruption that’s been dragging on for almost two years. In a town of 18,000 with virtually no violent crime, 8 officers, so far, on a force of 24 have been accused of taking part in or turning a blind eye to crimes including burglaries, the electronic stalking of women, sex with prostitutes and worker compensation fraud. It’s like a low-life Elmore Leonard novel transported from Detroit to Martha’s Vineyard that began when an officer was caught on a surveillance camera removing bags of lobsters from Lenny & Joe’s Fish Tale, a popular local restaurant.
It’s a reminder that, as any marketing person will tell you, the glossier the brand, the farther the bad news travels.
“The first feeling people have is betrayal that people we trusted have dishonored us and stabbed us in the back,” said Alfred J. Goldberg, a former hospital administrator and a Democrat, elected first selectman, a post akin to mayor, a year ago in this heavily Republican town, partly in response to the police scandals.
“The second is that they’re upset by the besmirching of this community’s reputation. They hate it when they go someplace and people say, ‘Oh, you’re from Madison. Those guys grab any butter to go with the lobster?’ Or ‘You don’t have to pay those cops a lot with those fringe benefits.’ People hate it. They’re so proud of this town, they hate having to suffer the slings and arrows of cheap insults.”
At least Greenwich usually gets in the news for mini-dramas bordering on self-parody — asking the state for emergency aid because of the influx of cars from New York coming to buy Powerball tickets, civic hysteria over goose droppings, keeping outsiders off the town beach, knocking down a Wiffle ball field.
Madison, settled in 1641, is a much more low-key place, known for its New England atmospherics and its lovely beaches, where some are happy to be compared with Greenwich and many are not. The coffee shops on Boston Post Road tend to be local and independent. One of the nation’s most admired independent bookstores, R. J. Julia Booksellers, sits across the street from the esteemed Madison Art Cinemas (coming Aug. 1: “Brideshead Revisited”). The local library has a big sign out front reading “Art to Benefit the Blind.” On the other hand, the most conspicuous local industry is wealth management.
But Madison’s bad news has had real-world consequences — consequences that include the $337,420 in legal fees last year alone relating to the eight officers fired, suspended or facing charges; the residents who think twice before calling the police; and the effects on the justice system. One man involved in a drunken-driving death avoided possible prison time in April because a police officer who investigated the case had been recently fired in the wake of the prostitution investigation. The prosecutor figured the officer would not make much of a witness.
Mr. Goldberg, who was elected after riding his bicycle to knock on 1,523 doors, said it had been painful, but people expect the town to uncover every stone, and the end of the investigation is in sight. That’s the good news. The bad news is that a hearing at the end of the month will examine the actions of a widely admired police lieutenant. And the hearing after that concerns the suspended police chief, Paul Jakubson, and will probably reprise every bit of dirty laundry and then some. Mr. Goldberg said that Chief Jakubson, like all the others under investigation, deserved the presumption of innocence and that it would be a mistake to lump the town’s good officers with the dishonorable ones. But he also said there was no guarantee other officers wouldn’t be implicated.
Still, in town, the police scandals have dragged on for so long, and enough new officers have been hired, that many people seem to have already moved on. “People are disgusted, but there’s a sense it’s being taken care of,” said Arnold S. Gorlick, owner of the cinema.
Mr. Goldberg, a history buff with a picture of James Madison behind his desk, frets about the scandal’s legs. “People have had friends and relatives as far away as New Zealand who’ve heard about the Madison police,” he said. “They come back from Asia and say it was on Bloomberg Asia that day.”
It’s all pretty mortifying. Still, he sighed, “It was the lobster that really got everyone’s attention.”
Maybe if they’d stolen plumbing supplies, no one outside town would have paid much attention.
Two Greensboro Officer Fired for Sexual Assault
GREENSBORO
Two of the three Greensboro police officers accused of sexual assault by a female officer were recommended to be fired today, according to City Manager Mitchell Johnson. Both can appeal.
Sgt. A.S. Wallace and Officer J.O. LeGrand had been on paid leave while police and prosecutors investigated the complaint filed in December. Guilford District Attorney Doug Henderson decided in May not to prosecute the three officers, citing a lack of evidence.
The employment status of the third officer -- C.S. Stevens -- has not changed, Johnson said. Stevens was put on administrative leave in December.
After the decision not to prosecute, the police department's professional standards division continued an administrative investigation into whether any officers violated the department's rules.
Police employees who are "recommended for termination" may typically pursue one of three options:
They may accept the recommended punishment
They may appeal the punishment to the police chief
They may request a general board of inquiry, which is an internal departmental hearing that includes command level personnel and peers of the accused, as well as the police chief.
In December, a female police officer reported being sexually assaulted after she got into a vehicle with three on-duty police officers near the Four Seasons Town Centre.
Two of the three Greensboro police officers accused of sexual assault by a female officer were recommended to be fired today, according to City Manager Mitchell Johnson. Both can appeal.
Sgt. A.S. Wallace and Officer J.O. LeGrand had been on paid leave while police and prosecutors investigated the complaint filed in December. Guilford District Attorney Doug Henderson decided in May not to prosecute the three officers, citing a lack of evidence.
The employment status of the third officer -- C.S. Stevens -- has not changed, Johnson said. Stevens was put on administrative leave in December.
After the decision not to prosecute, the police department's professional standards division continued an administrative investigation into whether any officers violated the department's rules.
Police employees who are "recommended for termination" may typically pursue one of three options:
They may accept the recommended punishment
They may appeal the punishment to the police chief
They may request a general board of inquiry, which is an internal departmental hearing that includes command level personnel and peers of the accused, as well as the police chief.
In December, a female police officer reported being sexually assaulted after she got into a vehicle with three on-duty police officers near the Four Seasons Town Centre.
Saturday, July 19, 2008
Police Sergeant Arrested for Racketeering and Forgery Charges
A former Gwinnett County police sergeant has been arrested on racketeering and forgery charges related to a used-car selling scheme, authorities announced Friday.
Michael James Saunders, who resigned from the department last month after 18 years of service, was allegedly buying and selling used vehicles without a dealer's license, said Cpl. Illana Spellman, spokeswoman for the Gwinnett County Police Department. Georgia allows a maximum of five vehicles to be sold privately each year without a license.
Saunders, 48, is also accused of forging signatures on documents involving the ownership of his vehicles.
Police said a citizen complaint to the internal affairs unit prompted an investigation which lasted two months, culminating in Saunders' arrest Thursday at his home in Duluth.
Saunders is charged with one count of first-degree forgery, two counts of violation of oath of office, one count of racketeering, one count of false statement in application and three counts of illegally selling used vehicles.
Saunders was a shift supervisor for the South precinct in Lilburn. The South Precinct serves a 116 square mile area in the the southwest corner of Gwinnett, which includes the city of Grayson as well as unincorporated areas of Tucker, Lilburn, Stone Mountain, Centerville, Snellville, Loganville, and Lawrenceville.
He is being held on $103,900 bond at the Gwinnett jail.
Michael James Saunders, who resigned from the department last month after 18 years of service, was allegedly buying and selling used vehicles without a dealer's license, said Cpl. Illana Spellman, spokeswoman for the Gwinnett County Police Department. Georgia allows a maximum of five vehicles to be sold privately each year without a license.
Saunders, 48, is also accused of forging signatures on documents involving the ownership of his vehicles.
Police said a citizen complaint to the internal affairs unit prompted an investigation which lasted two months, culminating in Saunders' arrest Thursday at his home in Duluth.
Saunders is charged with one count of first-degree forgery, two counts of violation of oath of office, one count of racketeering, one count of false statement in application and three counts of illegally selling used vehicles.
Saunders was a shift supervisor for the South precinct in Lilburn. The South Precinct serves a 116 square mile area in the the southwest corner of Gwinnett, which includes the city of Grayson as well as unincorporated areas of Tucker, Lilburn, Stone Mountain, Centerville, Snellville, Loganville, and Lawrenceville.
He is being held on $103,900 bond at the Gwinnett jail.
Probe Finds Violations at Sandy Springs Police Department
An investigation into wrongdoing in the Sandy Springs Police Department turned up numerous violations of policies and has resulted in the police chief's resignation and the departure of three other supervisors.
Sandy Springs released the investigative report Friday, which details officers working off-duty jobs when they were assigned to work city shifts. It also criticized the chief and another commander for accepting guns as a gift.
The report was prepared at the city's request by a private investigator, and it concludes a culture developed within the department in which some supervisors condoned the rule violations and failed to report inappropriate behavior. City officials received the report on July 10.
Since the report was released, Chief Gene Wilson and Maj. James Moore, who oversaw the special operations unit, have resigned. Two supervisors, Sgt. Tanya Smith and Lieutenant Trudi Vaughan, have been fired.
Wilson said this week he did nothing wrong. But in his resignation letter, which the city quoted in its documents, he said: "It has become apparent recently that I no longer have the confidence of the Mayor and the Council."
Sandy Springs Mayor Eva Galambos said Friday she didn't believe the investigation represented a wide-spread problem with the department, and she felt the city could move past the issue.
"We've got 120 (police) positions, and we've got about three people in trouble," Galambos said. "We have isolated the problem, we have identified the culprits and we have cleaned house."
City Attorney Wendell Willard could not be reached for comment Friday night. The city's acting police chief, David Bertrand, declined to comment.
According to the nearly 900-page report - prepared for the city attorney by James Walker, an investigator for the Charlotte-based U.S. ISS Agency - both Wilson and Moore had accepted gifts from Bruce Weiner, a Sandy Springs businessman, who is chairman of a non-profit organization that provides financial support for the police department.
Although neither Wilson nor Moore violated city policy in accepting firearms and knives from Weiner, a federally licensed firearms dealer, the investigator found Wilson "should have exercised better judgment, when he accepted the gifts." Wilson later returned the handguns and a rifle he had received, the city report indicates.
Moore, who acknowledged receiving two handguns and a knife, "should have recognized" the perception of receiving the gifts, the report says.
When asked about any perceived wrong-doing on the part of chief Wilson, Mayor Galambos demurred.
"I'm going by what the investigator put in his report that [Wilson] did not specifically break the rules," Galambos said. "We appreciate what he did to build up the department." But she acknowledged that by accepting the gifts, Wilson may have cast a pall around himself within the department.
"I think a lot of other police felt uncomfortable about it," Galambos said.
The report concludes the department, which was led since 2006 by Wilson, had numerous incidents in which officers violated city policy relating to how they could perform privately paid assignments in their off hours.
Smith, who was fired Friday, was found to have violated city policy by adjusting her regular schedule as a patrol supervisor at least twice to work an off-duty job, according to a termination letter released by the city.
On Friday, Smith said she had received permission to adjust her schedule from a supervisor, because otherwise she would have exceeded her city hours.
" I was given permission to come in late," she said. "I got permission from my lieutenant. They said I did not have approval."
According to her dismissal letter, Vaughan, who was fired Wednesday, was found by the city to have violated policy in numerous decisions, including directing officers on duty to fill off-duty jobs in traffic detail, which she coordinated.
Among the criticisms leveled at Vaughan was that she made poor decisions as the senior officer at a training session April 10 at which officers fired weapons they had not been trained to use, and rode all-terrain vehicles without helmets.
The report describes 20 officers participating in a training exercise at Weiner's property in Madison. The officers were allowed to select weapons from his collection, with his permission, the documents state. They later fired them on a private range.
In a dismissal letter released by the city Friday, Acting Police Chief David Bertrand said Vaughan "should have recognized the magnitude of danger the officers were placed in," and the liability for the city.
Vaughan is challenging her firing, and said it is politically motivated. Her attorney, Edwin Marger, said the incident has been exaggerated and that the officers were not injured. The independent review by Walker began with an internal police investigation initiated in mid-June.
This is the second internal investigation that has been made public by the 2-year-old department.
In January, Roberto Alvarado was fired and charged after being accused of sexual assault against a woman he pulled over. He fled the state and was arrested by U.S. Marshals in Mobile, Ala.
Sandy Springs released the investigative report Friday, which details officers working off-duty jobs when they were assigned to work city shifts. It also criticized the chief and another commander for accepting guns as a gift.
The report was prepared at the city's request by a private investigator, and it concludes a culture developed within the department in which some supervisors condoned the rule violations and failed to report inappropriate behavior. City officials received the report on July 10.
Since the report was released, Chief Gene Wilson and Maj. James Moore, who oversaw the special operations unit, have resigned. Two supervisors, Sgt. Tanya Smith and Lieutenant Trudi Vaughan, have been fired.
Wilson said this week he did nothing wrong. But in his resignation letter, which the city quoted in its documents, he said: "It has become apparent recently that I no longer have the confidence of the Mayor and the Council."
Sandy Springs Mayor Eva Galambos said Friday she didn't believe the investigation represented a wide-spread problem with the department, and she felt the city could move past the issue.
"We've got 120 (police) positions, and we've got about three people in trouble," Galambos said. "We have isolated the problem, we have identified the culprits and we have cleaned house."
City Attorney Wendell Willard could not be reached for comment Friday night. The city's acting police chief, David Bertrand, declined to comment.
According to the nearly 900-page report - prepared for the city attorney by James Walker, an investigator for the Charlotte-based U.S. ISS Agency - both Wilson and Moore had accepted gifts from Bruce Weiner, a Sandy Springs businessman, who is chairman of a non-profit organization that provides financial support for the police department.
Although neither Wilson nor Moore violated city policy in accepting firearms and knives from Weiner, a federally licensed firearms dealer, the investigator found Wilson "should have exercised better judgment, when he accepted the gifts." Wilson later returned the handguns and a rifle he had received, the city report indicates.
Moore, who acknowledged receiving two handguns and a knife, "should have recognized" the perception of receiving the gifts, the report says.
When asked about any perceived wrong-doing on the part of chief Wilson, Mayor Galambos demurred.
"I'm going by what the investigator put in his report that [Wilson] did not specifically break the rules," Galambos said. "We appreciate what he did to build up the department." But she acknowledged that by accepting the gifts, Wilson may have cast a pall around himself within the department.
"I think a lot of other police felt uncomfortable about it," Galambos said.
The report concludes the department, which was led since 2006 by Wilson, had numerous incidents in which officers violated city policy relating to how they could perform privately paid assignments in their off hours.
Smith, who was fired Friday, was found to have violated city policy by adjusting her regular schedule as a patrol supervisor at least twice to work an off-duty job, according to a termination letter released by the city.
On Friday, Smith said she had received permission to adjust her schedule from a supervisor, because otherwise she would have exceeded her city hours.
" I was given permission to come in late," she said. "I got permission from my lieutenant. They said I did not have approval."
According to her dismissal letter, Vaughan, who was fired Wednesday, was found by the city to have violated policy in numerous decisions, including directing officers on duty to fill off-duty jobs in traffic detail, which she coordinated.
Among the criticisms leveled at Vaughan was that she made poor decisions as the senior officer at a training session April 10 at which officers fired weapons they had not been trained to use, and rode all-terrain vehicles without helmets.
The report describes 20 officers participating in a training exercise at Weiner's property in Madison. The officers were allowed to select weapons from his collection, with his permission, the documents state. They later fired them on a private range.
In a dismissal letter released by the city Friday, Acting Police Chief David Bertrand said Vaughan "should have recognized the magnitude of danger the officers were placed in," and the liability for the city.
Vaughan is challenging her firing, and said it is politically motivated. Her attorney, Edwin Marger, said the incident has been exaggerated and that the officers were not injured. The independent review by Walker began with an internal police investigation initiated in mid-June.
This is the second internal investigation that has been made public by the 2-year-old department.
In January, Roberto Alvarado was fired and charged after being accused of sexual assault against a woman he pulled over. He fled the state and was arrested by U.S. Marshals in Mobile, Ala.
Trial Starts for Officer Accused of Soliciting a Minor
The trial of a San Jose police officer accused of soliciting nude photos from a Scotts Valley High girl he mentored and coached began Friday, more than 2 1/2 years after the allegations surfaced.
Kenneth Williams Sr., 50, exploited and victimized the girl, who was 15 and 16 at the time, prosecutor Jeff Rosell told jurors during his opening statements.
"He convinced her to take naked photographs and send them to him," Rosell said. "(He) was entrusted to take care of her and help her but instead he betrayed her and he had her betray her own dignity."
He is charged with four felony counts of soliciting lewd matter from a minor and two misdemeanors: possessing the lewd matter and destroying evidence.
Williams met the victim when he helped his wife, Yolanda, coach the Scotts Valley High girls' basketball team. The girl, who was on the team, was having trouble at home and her parents asked Williams to counsel her. They admired him because of his strong Christian beliefs and because the girl's father is also in law enforcement, Rosell said.
Williams and the girl talked a lot, texted each other thousands of messages, went to lunch and sometimes spent time alone without her parents knowing, Rosell said.
Defense attorney Paul Meltzer said helping youth was what Williams, a police officer for 27 years, devoted his life to and his interactions with the girl were not unlike what he'd done for thousands of other children - talking to them, taking them
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on trips, making sure they had food and clothing - and had never been accused of inappropriate conduct until the girl's allegations came to light in December 2005.
"We've all heard the statement 'Let no good deed go unpunished,' " Meltzer said. "Well I think that's really what this case is all about."
Williams and the girl had words about her sneaking out and drinking with members of the football team - an interaction that Rosell described as inappropriate and that Meltzer said fell within the bounds of mentoring - the girl's parents began to suspect Williams' relationship with their daughter had crossed a line. In mid-December they contacted Scotts Valley High administrators, then Scotts Valley police, Rosell said.
That's when the girl revealed to Scotts Valley police detective Mark Lopez that Williams had asked for inappropriate photos of her and, when shots taken on her cell phone camera were too fuzzy, he bought her a digital camera and several memory cards so she could pass the photos to him, Rosell told jurors.
The photos went from an "innocuous" shot of the girl's tan lines to semi-nude and nude photos - Williams allegedly told the girl he intended to use them as models for sketching - to explicit images, according to Rosell. He said nude photos of the girl were mixed with nude photos of Williams' wife, shots of the basketball team and commercial pornography in files on Williams' computers.
"Why do good people do bad things? Sex. Sex," Rosell said.
However, Meltzer pointed out that there was never an allegation that Williams had any sexual contact with the girl, despite the amount of time they spent together.
"This good man didn't do any bad thing," Meltzer told jurors. "If this was all done by Ken Williams for sex, there's no evidence it ever happened."
The defense attorney said Williams is "a very spiritual, deeply religious man," and listed Williams' many awards and accomplishments, including a proclamation from the mayor of San Jose commending his work with kids. Meltzer said Williams, who has three children and has been married for 30 years, was active in his church, the president of the Black Peace Officers Association and established the Operation Jump Start, which gives at-risk kids tutoring, counseling and scholarships to help them get to college.
"He gets close to kids, that's what he does," Meltzer said.
The case largely hangs on the testimony of the victim, who is now 19. Meltzer told jurors that she is the only person who has seen the text message that reportedly requested nude photos.
Several computer forensic specialists also will provide key information about how the photos, many of which were deleted before police recovered Williams' PDA, iPod, iMac and Toshiba laptop. Meltzer said that many people had access to Williams' electronics, including the girl and her basketball team, and that there's no evidence Williams uploaded or ever viewed the photos that were recovered.
But Rosell said Williams' efforts to delete the photos - he allegedly purchased file-destroying software for the iMac and physically broke the hard drive of the laptop - point to his guilt.
Both the victim and Williams are expected to testify during the trial, which will last two to three weeks. He could be sentenced to state prison and would have to register as a sex offender.
Kenneth Williams Sr., 50, exploited and victimized the girl, who was 15 and 16 at the time, prosecutor Jeff Rosell told jurors during his opening statements.
"He convinced her to take naked photographs and send them to him," Rosell said. "(He) was entrusted to take care of her and help her but instead he betrayed her and he had her betray her own dignity."
He is charged with four felony counts of soliciting lewd matter from a minor and two misdemeanors: possessing the lewd matter and destroying evidence.
Williams met the victim when he helped his wife, Yolanda, coach the Scotts Valley High girls' basketball team. The girl, who was on the team, was having trouble at home and her parents asked Williams to counsel her. They admired him because of his strong Christian beliefs and because the girl's father is also in law enforcement, Rosell said.
Williams and the girl talked a lot, texted each other thousands of messages, went to lunch and sometimes spent time alone without her parents knowing, Rosell said.
Defense attorney Paul Meltzer said helping youth was what Williams, a police officer for 27 years, devoted his life to and his interactions with the girl were not unlike what he'd done for thousands of other children - talking to them, taking them
--------------------------------------------------------------------------------
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on trips, making sure they had food and clothing - and had never been accused of inappropriate conduct until the girl's allegations came to light in December 2005.
"We've all heard the statement 'Let no good deed go unpunished,' " Meltzer said. "Well I think that's really what this case is all about."
Williams and the girl had words about her sneaking out and drinking with members of the football team - an interaction that Rosell described as inappropriate and that Meltzer said fell within the bounds of mentoring - the girl's parents began to suspect Williams' relationship with their daughter had crossed a line. In mid-December they contacted Scotts Valley High administrators, then Scotts Valley police, Rosell said.
That's when the girl revealed to Scotts Valley police detective Mark Lopez that Williams had asked for inappropriate photos of her and, when shots taken on her cell phone camera were too fuzzy, he bought her a digital camera and several memory cards so she could pass the photos to him, Rosell told jurors.
The photos went from an "innocuous" shot of the girl's tan lines to semi-nude and nude photos - Williams allegedly told the girl he intended to use them as models for sketching - to explicit images, according to Rosell. He said nude photos of the girl were mixed with nude photos of Williams' wife, shots of the basketball team and commercial pornography in files on Williams' computers.
"Why do good people do bad things? Sex. Sex," Rosell said.
However, Meltzer pointed out that there was never an allegation that Williams had any sexual contact with the girl, despite the amount of time they spent together.
"This good man didn't do any bad thing," Meltzer told jurors. "If this was all done by Ken Williams for sex, there's no evidence it ever happened."
The defense attorney said Williams is "a very spiritual, deeply religious man," and listed Williams' many awards and accomplishments, including a proclamation from the mayor of San Jose commending his work with kids. Meltzer said Williams, who has three children and has been married for 30 years, was active in his church, the president of the Black Peace Officers Association and established the Operation Jump Start, which gives at-risk kids tutoring, counseling and scholarships to help them get to college.
"He gets close to kids, that's what he does," Meltzer said.
The case largely hangs on the testimony of the victim, who is now 19. Meltzer told jurors that she is the only person who has seen the text message that reportedly requested nude photos.
Several computer forensic specialists also will provide key information about how the photos, many of which were deleted before police recovered Williams' PDA, iPod, iMac and Toshiba laptop. Meltzer said that many people had access to Williams' electronics, including the girl and her basketball team, and that there's no evidence Williams uploaded or ever viewed the photos that were recovered.
But Rosell said Williams' efforts to delete the photos - he allegedly purchased file-destroying software for the iMac and physically broke the hard drive of the laptop - point to his guilt.
Both the victim and Williams are expected to testify during the trial, which will last two to three weeks. He could be sentenced to state prison and would have to register as a sex offender.
Officer Suspended for Not Arresting Woman
GREENFIELD, Ind.
A Greenfield police officer is serving a 45-day unpaid suspension resulting from his handling of a traffic stop and narcotics investigation.
Policeman William Phillips decided not to arrest a Greenfield woman on a charge of impaired driving, even though she had failed field sobriety tests, according to a Greenfield Police Department report of the incident that began about 3:45 a.m. June 19.
Greenfield city officials have refused to release documents or other information relating to the disciplinary action, saying only that the reason is failure to follow standard operating procedures.
But authorities have confirmed the suspension is connected to that incident.
The woman involved in the traffic stop, Jessica Bewley-Johnson, was fatally injured in a traffic accident June 21, two days after she was stopped and released. According to a Greenfield police report, Bewley-Johnson was driving south on Broadway Street in Greenfield when her vehicle crossed the center line and struck a northbound dump truck.
Authorities discount the connection between Phillips' actions and Bewley- Johnson's death, saying she was not impaired at the time of the accident and would have been free on bond at the time of the accident even had she been arrested.
Greenfield Police Chief John Jester forwarded information about the traffic stop to Hancock County Prosecutor Dean Dobbins in case the prosecutor wanted to pursue criminal charges. Dobbins, however, said he has seen no evidence indicating to him the police officer broke any laws.
Both Jester and Greenfield Mayor Brad DeReamer defended their decision not to release details on the specific reasons for Phillips' suspension.
"I believe in openness, and I campaigned on it," DeReamer said. "But our attorney (Gregg Morelock) advises me that I have been wrong since I took office in discussing personnel matters so freely. If we open up (certain details), the employee has a right to sue us."
Bewley-Johnson, 26, Greenfield, had left a party where police believed drugs and alcohol were being used, and the homeowner was a passenger in her car.
According to the police report, another officer performed field-sobriety tests in which Bewley-Johnson showed evidence of intoxication. Phillips then took Bewley-Johnson to the Greenfield police station for additional tests and questioning.
"Ms. Johnson was asked several questions (about) the residence she left and did not wish to answer the questions," the report states. "Ms. Johnson requested to have a lawyer with her during questioning. Ms. Johnson was given a ride back to her residence with no further incidents that occurred."
Dobbins said Phillips might have a valid reason for not making an arrest, suggesting that he might have wanted to get back to the residence on the west side of Greenfield where the party was occurring in order to pursue possibly more serious criminal activity.
Police eventually did confiscate drugs found at the home and arrested the homeowner, Christina Helsley, 28, on a charge of possession of illegal drugs.
To judge whether Phillips' suspension was proper, the public needs more information, said Steve Key, legal counsel for the Hoosier State Press Association.
"Public policy calls for information to be made available as a protection to the public so they know disciplinary actions are being handled correctly and also as a protection for the employee to make sure they're not being made a victim of political retribution," Key said.
Phillips, 30, joined the department in 2006. He began serving the suspension July 12.
A Greenfield police officer is serving a 45-day unpaid suspension resulting from his handling of a traffic stop and narcotics investigation.
Policeman William Phillips decided not to arrest a Greenfield woman on a charge of impaired driving, even though she had failed field sobriety tests, according to a Greenfield Police Department report of the incident that began about 3:45 a.m. June 19.
Greenfield city officials have refused to release documents or other information relating to the disciplinary action, saying only that the reason is failure to follow standard operating procedures.
But authorities have confirmed the suspension is connected to that incident.
The woman involved in the traffic stop, Jessica Bewley-Johnson, was fatally injured in a traffic accident June 21, two days after she was stopped and released. According to a Greenfield police report, Bewley-Johnson was driving south on Broadway Street in Greenfield when her vehicle crossed the center line and struck a northbound dump truck.
Authorities discount the connection between Phillips' actions and Bewley- Johnson's death, saying she was not impaired at the time of the accident and would have been free on bond at the time of the accident even had she been arrested.
Greenfield Police Chief John Jester forwarded information about the traffic stop to Hancock County Prosecutor Dean Dobbins in case the prosecutor wanted to pursue criminal charges. Dobbins, however, said he has seen no evidence indicating to him the police officer broke any laws.
Both Jester and Greenfield Mayor Brad DeReamer defended their decision not to release details on the specific reasons for Phillips' suspension.
"I believe in openness, and I campaigned on it," DeReamer said. "But our attorney (Gregg Morelock) advises me that I have been wrong since I took office in discussing personnel matters so freely. If we open up (certain details), the employee has a right to sue us."
Bewley-Johnson, 26, Greenfield, had left a party where police believed drugs and alcohol were being used, and the homeowner was a passenger in her car.
According to the police report, another officer performed field-sobriety tests in which Bewley-Johnson showed evidence of intoxication. Phillips then took Bewley-Johnson to the Greenfield police station for additional tests and questioning.
"Ms. Johnson was asked several questions (about) the residence she left and did not wish to answer the questions," the report states. "Ms. Johnson requested to have a lawyer with her during questioning. Ms. Johnson was given a ride back to her residence with no further incidents that occurred."
Dobbins said Phillips might have a valid reason for not making an arrest, suggesting that he might have wanted to get back to the residence on the west side of Greenfield where the party was occurring in order to pursue possibly more serious criminal activity.
Police eventually did confiscate drugs found at the home and arrested the homeowner, Christina Helsley, 28, on a charge of possession of illegal drugs.
To judge whether Phillips' suspension was proper, the public needs more information, said Steve Key, legal counsel for the Hoosier State Press Association.
"Public policy calls for information to be made available as a protection to the public so they know disciplinary actions are being handled correctly and also as a protection for the employee to make sure they're not being made a victim of political retribution," Key said.
Phillips, 30, joined the department in 2006. He began serving the suspension July 12.
Officer Pleads Guilty to Attempted Kidnapping of 13-year-old
NEW YORK
Prosecutors say a New York City police detective accused of forcing a 13-year-old runaway into prostitution has resigned from the force and pleaded guilty to attempted kidnapping.
Wayne Taylor initially said he was "100 percent innocent" of keeping the teen as a captive and compelling her to sell herself at parties last winter.
But Queens prosecutors say the 35-year-old officer and 29-year-old accomplice Zelika Brown pleaded guilty to the same charge Thursday. They face 3 1/2-year prison terms.
Brown also originally contested the charges. Her lawyer challenged statements authorities said she made to them.
Prosecutors say about 20 men paid Taylor and Brown $40 to $80 for sex with the girl.
Taylor was an officer for about 14 years.
Prosecutors say a New York City police detective accused of forcing a 13-year-old runaway into prostitution has resigned from the force and pleaded guilty to attempted kidnapping.
Wayne Taylor initially said he was "100 percent innocent" of keeping the teen as a captive and compelling her to sell herself at parties last winter.
But Queens prosecutors say the 35-year-old officer and 29-year-old accomplice Zelika Brown pleaded guilty to the same charge Thursday. They face 3 1/2-year prison terms.
Brown also originally contested the charges. Her lawyer challenged statements authorities said she made to them.
Prosecutors say about 20 men paid Taylor and Brown $40 to $80 for sex with the girl.
Taylor was an officer for about 14 years.
Sgt. Allen Wallace, Officer John LeGrand Fired After Being Accused of Sexual Assault
GREENSBORO, N.C.
Two of the three Greensboro police officers who were accused of sexual assault by a female officer have been fired.
City Manager Mitchell Johnson said the department fired Sgt. Allen Wallace and Officer John LeGrand.
Wallace, LeGrand and Officer Calvin Stevens were all suspended with pay December 18 after the off-duty officer accused them of sexually assaulting her. All three were members of the Tactical Special Enforcement Team.
On May 9, Guilford County District Attorney Doug Henderson announced in a press release that no criminal charges would be brought against the three officers. He cited a lack of evidence.
The department's professional standards division then continued an investigation into whether any officers violated department rules.
The off-duty officer alleged that the three officers picked her and a friend up at the Four Seasons Town Centre on Dec. 14 and sexually assaulted her.
Wallace was a vice and narcotics detective who had been with the department for eight years. He was promoted to sergeant on March 1, 2007. LeGrand joined the department in 2001.
Two of the three Greensboro police officers who were accused of sexual assault by a female officer have been fired.
City Manager Mitchell Johnson said the department fired Sgt. Allen Wallace and Officer John LeGrand.
Wallace, LeGrand and Officer Calvin Stevens were all suspended with pay December 18 after the off-duty officer accused them of sexually assaulting her. All three were members of the Tactical Special Enforcement Team.
On May 9, Guilford County District Attorney Doug Henderson announced in a press release that no criminal charges would be brought against the three officers. He cited a lack of evidence.
The department's professional standards division then continued an investigation into whether any officers violated department rules.
The off-duty officer alleged that the three officers picked her and a friend up at the Four Seasons Town Centre on Dec. 14 and sexually assaulted her.
Wallace was a vice and narcotics detective who had been with the department for eight years. He was promoted to sergeant on March 1, 2007. LeGrand joined the department in 2001.
Officer Michael King Charged with Bookmaking and Racketerring
Authorities around the country have not only been targeting slot machines, but also illegal sports gambling rings. Their latest investigation has led them to one of their own.
A warrant has been issued for Miami-Dade police officer Michael King, 42. He is being charged with Bookmaking, Racketeering, and Conspiracy to Racketeer. He has been an officer since 1989.
Forty individuals will be arrested in the drug and gambling sting. A second police officer will also be arrested, although his name has not yet been released. The gambling activity took place sometimes while in police cars.
The arrest warrant claims that April 2nd of this year, King was videotaped paying a client his winnings while sitting in his patrol car. The amount of the transaction was not released.
King was caught on tape after a routine stop in which he pulled over a car that was marked as an undercover vehicle. The officer inside was Sgt. Trujillo. When he approached the car, King was told that Trujillo was doing surveillance on a heroin drug hole.
Once Trujillo pulled away, King called fellow accomplice Ricardo Munoz, who is also known to be a bookmaker. "I just stopped one of my lieutenants at the corner watching ya'lls s**t, man," he told Munoz. Wire taps have confirmed that King took illegal bets on basketball games.
A warrant has been issued for Miami-Dade police officer Michael King, 42. He is being charged with Bookmaking, Racketeering, and Conspiracy to Racketeer. He has been an officer since 1989.
Forty individuals will be arrested in the drug and gambling sting. A second police officer will also be arrested, although his name has not yet been released. The gambling activity took place sometimes while in police cars.
The arrest warrant claims that April 2nd of this year, King was videotaped paying a client his winnings while sitting in his patrol car. The amount of the transaction was not released.
King was caught on tape after a routine stop in which he pulled over a car that was marked as an undercover vehicle. The officer inside was Sgt. Trujillo. When he approached the car, King was told that Trujillo was doing surveillance on a heroin drug hole.
Once Trujillo pulled away, King called fellow accomplice Ricardo Munoz, who is also known to be a bookmaker. "I just stopped one of my lieutenants at the corner watching ya'lls s**t, man," he told Munoz. Wire taps have confirmed that King took illegal bets on basketball games.
Officer Charged with Assaulting Inmate
SPRINGFIELD
A Springfield police officer lost his job and is charged with assault for the way that he handled an arrested man at the Greene County jail on May 29. Investigators and the police chief think Officer Morris Taylor used excessive force against an inmate whom he was booking into jail.
Police Chief Lynn Rowe fired Taylor on July 11. Greene County Prosecuting Attorney Darrell Moore charged him with third-degree assault on Thursday.
"I can understand the officer being upset because booking took longer than usual, because this guy lied to him originally about who he was and the booking had to be done again, but that is no excuse to go around hitting on people," said Moore.
Before being fired, Taylor had been with the department for 11 years.
"No law enforcement officer, especially anyone with any experience, should look at this and say this is okay," said Moore.
Rowe agrees.
"By policy and law, officers use force necessary to overcome force being presented. That's very clear but we also ask: don't go beyond what's necessary to overcome that force,” said Rowe.
Rowe says Taylor crossed the line in how he treated the inmate.
According to a detective’s probable cause statement filed in court with the charge, jail employees say they saw Taylor hit inmate John Sedersten with a closed fist, use his knee to strike Sedersten in the side, knocked the inmate to the floor, hitting Sedersten’s head on the floor, and then “had his knee on the side of Sedersten’s face/head and then struck him on the right side of his face/head after he (Sedersten) responded to several questions.”
The prosecutor says this was all caught on tape.
"Most of the jail staff was just horrified,” said Moore.
In the probable cause statement, there are witness accounts from four jail employees but none of them stepped in.
"One of my concerns is why would an officer ask for a special cell to take someone. If that is granted, then why, in the middle of the beating, why isn't there immediate intervention?" Moore asks.
Related to that, Moore says he recommended the sheriff take a look at one jailer's behavior, adding it wasn't criminal but it was questionable.
Sheriff Jack Merritt refused to comment.
Taylor is scheduled to be in court in a couple months.
When asked why the officer was fired before he went through the court process, Rowe said he looked at the video of the incident, thought it was unnecessary force, and fired him. Now, he says, the burden of proof for the criminal side lies with the prosecutor.
A Springfield police officer lost his job and is charged with assault for the way that he handled an arrested man at the Greene County jail on May 29. Investigators and the police chief think Officer Morris Taylor used excessive force against an inmate whom he was booking into jail.
Police Chief Lynn Rowe fired Taylor on July 11. Greene County Prosecuting Attorney Darrell Moore charged him with third-degree assault on Thursday.
"I can understand the officer being upset because booking took longer than usual, because this guy lied to him originally about who he was and the booking had to be done again, but that is no excuse to go around hitting on people," said Moore.
Before being fired, Taylor had been with the department for 11 years.
"No law enforcement officer, especially anyone with any experience, should look at this and say this is okay," said Moore.
Rowe agrees.
"By policy and law, officers use force necessary to overcome force being presented. That's very clear but we also ask: don't go beyond what's necessary to overcome that force,” said Rowe.
Rowe says Taylor crossed the line in how he treated the inmate.
According to a detective’s probable cause statement filed in court with the charge, jail employees say they saw Taylor hit inmate John Sedersten with a closed fist, use his knee to strike Sedersten in the side, knocked the inmate to the floor, hitting Sedersten’s head on the floor, and then “had his knee on the side of Sedersten’s face/head and then struck him on the right side of his face/head after he (Sedersten) responded to several questions.”
The prosecutor says this was all caught on tape.
"Most of the jail staff was just horrified,” said Moore.
In the probable cause statement, there are witness accounts from four jail employees but none of them stepped in.
"One of my concerns is why would an officer ask for a special cell to take someone. If that is granted, then why, in the middle of the beating, why isn't there immediate intervention?" Moore asks.
Related to that, Moore says he recommended the sheriff take a look at one jailer's behavior, adding it wasn't criminal but it was questionable.
Sheriff Jack Merritt refused to comment.
Taylor is scheduled to be in court in a couple months.
When asked why the officer was fired before he went through the court process, Rowe said he looked at the video of the incident, thought it was unnecessary force, and fired him. Now, he says, the burden of proof for the criminal side lies with the prosecutor.
Former Officer Charged with Arson
A former Olanta police officer was arrested after deputies said he set fire to his mother’s car because he didn’t want to repair it, Florence County Sheriff Kenney Boone said.
Robert Brendon Smith, 28, of 428 Chester Road is charged with third-degree arson and filing a false report, Boone said.
Deputies said Smith and his neighbor, 40-year-old James David Morris of 439 Chester Road, set fire July 8 to a 2001 Dodge Dakota on Johnnie Lee Road in Coward, Boone said.
Investigators said the next day, Smith called central dispatch and reported the car stolen. When deputies arrived, Smith filed an incident report and signed an affidavit stating that he didn’t have anything to do with the vehicle disappearance, Boone said.
Arson investigators later found the truck and discovered that it had intentionally been set on fire by someone using an accelerant, the sheriff said.
The car was registered to Smith’s mother, but was routinely used by Smith and his wife.
Deputies think the suspects destroyed the vehicle because it needed some repairs to its transmission, Boone said.
Olanta Police Chief Mark Strickland said Smith resigned from the department Wednesday.
Smith was employed at the department for about 10 months, Strickland said.
Smith was released from the jail in Effingham on Thursday after posting a $5,000 person recognizance bond.
Morris, who also is charged with third-degree arson, remains custody awaiting a bond hearing.
The Olanta Police Department now has two officers, excluding the chief.
Robert Brendon Smith, 28, of 428 Chester Road is charged with third-degree arson and filing a false report, Boone said.
Deputies said Smith and his neighbor, 40-year-old James David Morris of 439 Chester Road, set fire July 8 to a 2001 Dodge Dakota on Johnnie Lee Road in Coward, Boone said.
Investigators said the next day, Smith called central dispatch and reported the car stolen. When deputies arrived, Smith filed an incident report and signed an affidavit stating that he didn’t have anything to do with the vehicle disappearance, Boone said.
Arson investigators later found the truck and discovered that it had intentionally been set on fire by someone using an accelerant, the sheriff said.
The car was registered to Smith’s mother, but was routinely used by Smith and his wife.
Deputies think the suspects destroyed the vehicle because it needed some repairs to its transmission, Boone said.
Olanta Police Chief Mark Strickland said Smith resigned from the department Wednesday.
Smith was employed at the department for about 10 months, Strickland said.
Smith was released from the jail in Effingham on Thursday after posting a $5,000 person recognizance bond.
Morris, who also is charged with third-degree arson, remains custody awaiting a bond hearing.
The Olanta Police Department now has two officers, excluding the chief.
Dallas Officer Fired
A Dallas police officer was fired today, two months after being accused of demanding money from a woman in exchange for not reporting gambling violations.
Senior Cpl. Minh Tran, 54, was arrested May 21 and has been indicted on a bribery charge.
Chief David Kunkle fired him for engaging in adverse conduct and failing to cooperate with an internal investigation, according to a news release.
Cpl. Tran is accused of receiving money from the woman on at least three occasions. His arrest came after a sting conducted by Dallas police.
He had worked for the agency since 2001.
Senior Cpl. Minh Tran, 54, was arrested May 21 and has been indicted on a bribery charge.
Chief David Kunkle fired him for engaging in adverse conduct and failing to cooperate with an internal investigation, according to a news release.
Cpl. Tran is accused of receiving money from the woman on at least three occasions. His arrest came after a sting conducted by Dallas police.
He had worked for the agency since 2001.
Officer Charged with Burglary and Assault
A Northam police officer has been charged with aggravated burglary, assault and unlawful damage.
Police will allege the woman, from the Wheatbelt District police office, committed the offences at a Northam home on Sunday.
She was not on duty at the time of the alleged incident and was charged with the offences by Internal Affairs Unit officers on Tuesday.
The charged officer, who has been stood down from operational duties, will appear in the Northam Magistrates Court on Monday.
Police will allege the woman, from the Wheatbelt District police office, committed the offences at a Northam home on Sunday.
She was not on duty at the time of the alleged incident and was charged with the offences by Internal Affairs Unit officers on Tuesday.
The charged officer, who has been stood down from operational duties, will appear in the Northam Magistrates Court on Monday.
Thursday, July 17, 2008
Probation Officer David Williams Accused of Harassing Client
COEUR D'ALENE
He's supposed to keep her on the right side of the law, but a North Idaho woman says her probation officer is harassing her instead.
Wanda Arrington says David Williams left drunk voice messages on her phone and tried to have inappropriate conversations with her.
The 44-year-old Coeur d'Alene woman says she received the disturbing phone calls last Thursday. Now, she wants to make sure other women aren't harrassed.
Arrington is trying to stay out of trouble. She's on probation after being charged with multiple DUIs.
"I was asleep Thursday and I heard my phone ringing at 2:26 in the morning," she says. "I got up and answered it and it was my probation officer."
But now she says the man in charge of keeping her on track abused his power. She says Williams tried having inappropriate conversations, accused her of violating her probation, and threatened to arrest her.
"When I told him I was going to put my jail clothes on, 'cause you can wear white, he wanted to know what color my panties were," says Arrington, "and he wanted to know and as soon as he found out my fiance was there, he wanted to know if he was naked."
Not only did Arrington feel her probation officer's comments were offensive, she says Williams left over a half dozen messages for her in a two-hour period. Some sounded drunk.
One saved message from 2:07 a.m. Thursday says, "Yes, Wanda, I received a call (hiccup) not so long ago from your phone, give me a call back."
The Idaho Department of Corrections declined an interview request for an on-camera interview, but officials did say the allegations of misconduct against Williams are being investigated and that he was put on paid administrative leave.
"If we violated, we have a drink, we go to jail for discrecianary time," Arrington says. "How come he can get drunk and harrass us on the phone?"
Idaho DOC officials say Williams has been a probation officer for 16 years and this is the first complaint filed against him by an offender. But court documents show williams was charged with stalking his ex-wife back in 2007.
Arrington wants make sure there aren't other victims.
"Not all probation officers are like that," she says. "I do believe that and there's going to be good and bad in everyone. I just want to make sure he didn't wrong someone that didn't deserve it."
The Department of Corrections expects to wrap up their investigation by next week.
He's supposed to keep her on the right side of the law, but a North Idaho woman says her probation officer is harassing her instead.
Wanda Arrington says David Williams left drunk voice messages on her phone and tried to have inappropriate conversations with her.
The 44-year-old Coeur d'Alene woman says she received the disturbing phone calls last Thursday. Now, she wants to make sure other women aren't harrassed.
Arrington is trying to stay out of trouble. She's on probation after being charged with multiple DUIs.
"I was asleep Thursday and I heard my phone ringing at 2:26 in the morning," she says. "I got up and answered it and it was my probation officer."
But now she says the man in charge of keeping her on track abused his power. She says Williams tried having inappropriate conversations, accused her of violating her probation, and threatened to arrest her.
"When I told him I was going to put my jail clothes on, 'cause you can wear white, he wanted to know what color my panties were," says Arrington, "and he wanted to know and as soon as he found out my fiance was there, he wanted to know if he was naked."
Not only did Arrington feel her probation officer's comments were offensive, she says Williams left over a half dozen messages for her in a two-hour period. Some sounded drunk.
One saved message from 2:07 a.m. Thursday says, "Yes, Wanda, I received a call (hiccup) not so long ago from your phone, give me a call back."
The Idaho Department of Corrections declined an interview request for an on-camera interview, but officials did say the allegations of misconduct against Williams are being investigated and that he was put on paid administrative leave.
"If we violated, we have a drink, we go to jail for discrecianary time," Arrington says. "How come he can get drunk and harrass us on the phone?"
Idaho DOC officials say Williams has been a probation officer for 16 years and this is the first complaint filed against him by an offender. But court documents show williams was charged with stalking his ex-wife back in 2007.
Arrington wants make sure there aren't other victims.
"Not all probation officers are like that," she says. "I do believe that and there's going to be good and bad in everyone. I just want to make sure he didn't wrong someone that didn't deserve it."
The Department of Corrections expects to wrap up their investigation by next week.
Ex-officer Accused of Shooting His Son
FRONT ROYAL
A former town police officer is free on bond after being charged with a felony and two misdemeanors for allegedly shooting at his son.
James Douglas "J.D." Striker, 51, of 4437 Remount Road, Front Royal, is charged with feloniously discharging a firearm within a dwelling on Tuesday and misdemeanors of reckless handling of a firearm and brandishing a firearm.
On Wednesday, Striker appeared in Warren County Juvenile and Domestic Relations Court and pleaded with Judge Ronald L. Napier to be released on bond. In contrast to the blue uniform that he had worn as a Front Royal police officer for 25 years, Striker was dressed in an orange jail-issued jumpsuit and was in leg irons.
Despite argument from Assistant Commonwealth's Attorney Nicholas L. Manthos that Striker continue to be held without bond due to the nature of the charges, Napier set bond at $15,000 secured. A Warren County jailer said Striker posted bond within about an hour of his court appearance.
Before providing the court with a summation of the evidence, Manthos said that Commonwealth's Attorney Brian M. Madden was reviewing the case and that the office may choose to have a special prosecutor appointed.
Napier scheduled a preliminary hearing for 10:15 a.m. on Aug. 21.
In his evidentiary summary, Manthos said Striker and his wife, Cathy Sue Striker, 49, had been arguing most of the day on Tuesday. Manthos said Mrs. Striker left the residence, saying that she was not coming back, and then locked herself in her van.
The Strikers' oldest son, Brian Striker, 29, who lives in the basement of the home with his fiancee, Mary Brennan, and two children, was concerned about his mother's mental state, Manthos said. Brian Striker banged on a window of his mother's van in an attempt to get her to come out, Manthos added.
J.D. Striker observed what was happening from his bedroom window and retrieved a .25-caliber semi-automatic pistol, Manthos said. Manthos said Striker claims to have fired a shot up in the air through a bedroom window.
Manthos said Brian Striker and Brennan's version of events is that J.D. Striker fired the pistol through a screen in their direction. Manthos said he was concerned about the volatility of J.D. Striker's actions.
J.D. Striker told the court that it appeared to him that his son was trying to break the glass out of Mrs. Striker's van. J.D. Striker said he never pointed the gun at anyone.
The class 1 misdemeanors each carry a maximum punishment of 12 months in jail and a $2,500 fine, while the class 4 felony carries range of punishment of two to 10 years in prison.
J.D. Striker called the felony charge a "smokescreen."
"I am a pillar of this community," he said.
One of the features of Striker's 2003 bid for sheriff in a race won by Sheriff Daniel T. McEathron came when Striker claimed that he could have information on the 1983 slaying of Front Royal police Sgt. Dennis Smedley. The case was reopened by the Police Department and Striker met with the state police, but the case remains unsolved.
"My wife needs me," Striker told the court, crying. "I need to be with my children."
Striker said his wife took two butcher's knives with her when she left to get in her van and that she is being treated for mental problems at an in-patient facility in Winchester.
The Strikers have a 20-year-old son, Bradley, who has cerebral palsy, and adopted daughters, 11 and 10.
Napier ordered that J.D. Striker have no contact with Brian Striker or Brennan, that he not possess firearms and that he not leave the state. Napier asked J.D. Striker how he would avoid contact with Brian Striker after learning they reside at the same house.
"We don't really mingle," J.D. Striker said.
Manthos appeared to be perplexed that Napier did not order J.D. Striker to stay away from the residence.
J.D. Striker's brother, John Striker, 57, said his brother retired from the Front Royal Police Department about a year ago after 25 years of service. John Striker, who was in court for the bond hearing, said his brother had lost his former residence as a result of foreclosure.
"I'm going to try to help him get out and wherever he wants to go to get hisself straightened out," John Striker said.
Warren County Sheriff's Office investigator L.M. Nelson says on the complaint form on file in court that she interviewed J.D. Striker, who told her that he shot through his master bedroom window "to scare his son into not beating on his mother's vehicle window." Nelson says she discovered a hole in the screen of a window in the master bedroom "along with 1 spent shell coming from a .25 semi-automatic handgun."
Nelson also appeared in court on Wednesday.
"Sometimes people make personal mistakes in their lives for a long time before they finally get help for their problems," Nelson said following the proceeding.
A former town police officer is free on bond after being charged with a felony and two misdemeanors for allegedly shooting at his son.
James Douglas "J.D." Striker, 51, of 4437 Remount Road, Front Royal, is charged with feloniously discharging a firearm within a dwelling on Tuesday and misdemeanors of reckless handling of a firearm and brandishing a firearm.
On Wednesday, Striker appeared in Warren County Juvenile and Domestic Relations Court and pleaded with Judge Ronald L. Napier to be released on bond. In contrast to the blue uniform that he had worn as a Front Royal police officer for 25 years, Striker was dressed in an orange jail-issued jumpsuit and was in leg irons.
Despite argument from Assistant Commonwealth's Attorney Nicholas L. Manthos that Striker continue to be held without bond due to the nature of the charges, Napier set bond at $15,000 secured. A Warren County jailer said Striker posted bond within about an hour of his court appearance.
Before providing the court with a summation of the evidence, Manthos said that Commonwealth's Attorney Brian M. Madden was reviewing the case and that the office may choose to have a special prosecutor appointed.
Napier scheduled a preliminary hearing for 10:15 a.m. on Aug. 21.
In his evidentiary summary, Manthos said Striker and his wife, Cathy Sue Striker, 49, had been arguing most of the day on Tuesday. Manthos said Mrs. Striker left the residence, saying that she was not coming back, and then locked herself in her van.
The Strikers' oldest son, Brian Striker, 29, who lives in the basement of the home with his fiancee, Mary Brennan, and two children, was concerned about his mother's mental state, Manthos said. Brian Striker banged on a window of his mother's van in an attempt to get her to come out, Manthos added.
J.D. Striker observed what was happening from his bedroom window and retrieved a .25-caliber semi-automatic pistol, Manthos said. Manthos said Striker claims to have fired a shot up in the air through a bedroom window.
Manthos said Brian Striker and Brennan's version of events is that J.D. Striker fired the pistol through a screen in their direction. Manthos said he was concerned about the volatility of J.D. Striker's actions.
J.D. Striker told the court that it appeared to him that his son was trying to break the glass out of Mrs. Striker's van. J.D. Striker said he never pointed the gun at anyone.
The class 1 misdemeanors each carry a maximum punishment of 12 months in jail and a $2,500 fine, while the class 4 felony carries range of punishment of two to 10 years in prison.
J.D. Striker called the felony charge a "smokescreen."
"I am a pillar of this community," he said.
One of the features of Striker's 2003 bid for sheriff in a race won by Sheriff Daniel T. McEathron came when Striker claimed that he could have information on the 1983 slaying of Front Royal police Sgt. Dennis Smedley. The case was reopened by the Police Department and Striker met with the state police, but the case remains unsolved.
"My wife needs me," Striker told the court, crying. "I need to be with my children."
Striker said his wife took two butcher's knives with her when she left to get in her van and that she is being treated for mental problems at an in-patient facility in Winchester.
The Strikers have a 20-year-old son, Bradley, who has cerebral palsy, and adopted daughters, 11 and 10.
Napier ordered that J.D. Striker have no contact with Brian Striker or Brennan, that he not possess firearms and that he not leave the state. Napier asked J.D. Striker how he would avoid contact with Brian Striker after learning they reside at the same house.
"We don't really mingle," J.D. Striker said.
Manthos appeared to be perplexed that Napier did not order J.D. Striker to stay away from the residence.
J.D. Striker's brother, John Striker, 57, said his brother retired from the Front Royal Police Department about a year ago after 25 years of service. John Striker, who was in court for the bond hearing, said his brother had lost his former residence as a result of foreclosure.
"I'm going to try to help him get out and wherever he wants to go to get hisself straightened out," John Striker said.
Warren County Sheriff's Office investigator L.M. Nelson says on the complaint form on file in court that she interviewed J.D. Striker, who told her that he shot through his master bedroom window "to scare his son into not beating on his mother's vehicle window." Nelson says she discovered a hole in the screen of a window in the master bedroom "along with 1 spent shell coming from a .25 semi-automatic handgun."
Nelson also appeared in court on Wednesday.
"Sometimes people make personal mistakes in their lives for a long time before they finally get help for their problems," Nelson said following the proceeding.
Officer Joseph Hughes Back in Custody
MOUNT GILEAD
A police officer already facing charges, including one count of theft in office, is back in custody.
Joseph Q. Hughes, 21, formerly of the Mount Gilead Police Department, has been charged with five more felonies, states a press release issued Tuesday by the Morrow County Sheriff’s Office.
Hughes posted bond after his original arrest on July 8 and was immediately placed on unpaid administrative leave. He is no longer employed by the Mount Gilead Police Department and as of Tuesday still was incarcerated.
Hughes is accused of being connected with two different thefts, one involving 12 window air conditioners and a single-axle trailer and the other involving a lawn mower.
The air conditioners and trailer were found behind Hughes’ home on July 8 during a search. Warrants for a second search of his home and a property on County Road 11 in Morrow County recovered the stolen lawn mower.
Chief Deputy David Davis said Hughes’ second arrest resulted from those search warrants.
“We continued to check out information and obtain the additional warrants,” he said. “We believed there was more stolen property there.”
The five new charges against Hughes include two counts of tampering with evidence, a third-degree felony; one count of breaking and entering, a fifth-degree felony; one count of grand theft, a fourth-degree felony; and a second count of grand theft, a fifth-degree felony.
The fifth-degree felonies carry a possible sentence of 6-12 months in jail, the fourth-degree felonies 6-18 months and the third-degree felonies 1-5 years. Bond is set at $35,000.
Assistant Prosecuting Attorney Brent Yager was assigned to the case and declined to comment on the charges.
With Hughes’ dismissal and another Mount Gilead Police officer on medical leave, the normal force of seven full-time officers is two members short, said Police Chief Brian Zerman.
The situation has caused other changes in the department.
“It puts a lot of pressure on the officers,” Zerman said. “We’ve sat down with our officers and talked about what’s going on.
“Regardless of who it is and what it is, we still have a job to do and an obligation to the public.”
The Mount Gilead Police were investigating the June 9 report of the air conditioner theft. When Hughes became a suspect, Zerman called on the sheriff’s office to take over the investigation.
“Everybody was in shock at first. I guess it was disappointing. It’s one of those things that nobody wants to believe it,” he said.
“There was never indication that this was going on.”
Hughes’ was charged on July 8 with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth-degree felony; two counts of receiving stolen property, fifth-degree felonies; and one-count of obstruction of justice, a fifth-degree felony.
As an officer, Hughes made $17.35 an hour, and a normal work week was 40 hours.
When asked if there were any other suspects connected with the thefts in question, Davis said the investigation still is pending.
A police officer already facing charges, including one count of theft in office, is back in custody.
Joseph Q. Hughes, 21, formerly of the Mount Gilead Police Department, has been charged with five more felonies, states a press release issued Tuesday by the Morrow County Sheriff’s Office.
Hughes posted bond after his original arrest on July 8 and was immediately placed on unpaid administrative leave. He is no longer employed by the Mount Gilead Police Department and as of Tuesday still was incarcerated.
Hughes is accused of being connected with two different thefts, one involving 12 window air conditioners and a single-axle trailer and the other involving a lawn mower.
The air conditioners and trailer were found behind Hughes’ home on July 8 during a search. Warrants for a second search of his home and a property on County Road 11 in Morrow County recovered the stolen lawn mower.
Chief Deputy David Davis said Hughes’ second arrest resulted from those search warrants.
“We continued to check out information and obtain the additional warrants,” he said. “We believed there was more stolen property there.”
The five new charges against Hughes include two counts of tampering with evidence, a third-degree felony; one count of breaking and entering, a fifth-degree felony; one count of grand theft, a fourth-degree felony; and a second count of grand theft, a fifth-degree felony.
The fifth-degree felonies carry a possible sentence of 6-12 months in jail, the fourth-degree felonies 6-18 months and the third-degree felonies 1-5 years. Bond is set at $35,000.
Assistant Prosecuting Attorney Brent Yager was assigned to the case and declined to comment on the charges.
With Hughes’ dismissal and another Mount Gilead Police officer on medical leave, the normal force of seven full-time officers is two members short, said Police Chief Brian Zerman.
The situation has caused other changes in the department.
“It puts a lot of pressure on the officers,” Zerman said. “We’ve sat down with our officers and talked about what’s going on.
“Regardless of who it is and what it is, we still have a job to do and an obligation to the public.”
The Mount Gilead Police were investigating the June 9 report of the air conditioner theft. When Hughes became a suspect, Zerman called on the sheriff’s office to take over the investigation.
“Everybody was in shock at first. I guess it was disappointing. It’s one of those things that nobody wants to believe it,” he said.
“There was never indication that this was going on.”
Hughes’ was charged on July 8 with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth-degree felony; two counts of receiving stolen property, fifth-degree felonies; and one-count of obstruction of justice, a fifth-degree felony.
As an officer, Hughes made $17.35 an hour, and a normal work week was 40 hours.
When asked if there were any other suspects connected with the thefts in question, Davis said the investigation still is pending.
Retired Sgt David Roythorne Accused of Sexual Assaults
A "locker room culture" of racism and homophobia exists within the police service, according to an ex-officer accused of sex assaults.
Retired Sgt David Roythorne, 52, denies nine indecent assaults and three sexual assaults, allegedly committed while serving with the Northumbria force.
He told a jury at Newcastle Crown Court that antics like flicking naked colleagues with towels was commonplace.
He said no-one had ever complained during his time with the force.
During the trial, which is in its third week, Mr Roythorne, of Westmoor, North Tyneside, has been portrayed as a bully, who told some of his victims "RHIP - Rank Has Its Privileges" after subjecting them to alleged sex attacks.
It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to
David Roythorne
He is alleged to have frequently grabbed other officers and members of the public by the crotch, and thrust his genitals into other officers' faces and simulated sex.
The charges followed an IPCC investigation into the incidents, which were alleged to have happened between July 2001 and August 2006.
Giving evidence, Mr Roythorne said: "In my whole life as a police officer, I have never heard anybody say 'Don't do that.'
"Of course, the image projected to the general public, the government and the press, is that it doesn't happen any more, it does.
"It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to."
Car washing
Mr Roythorne said the complaints against him were made from within a department he had taken over and which he dubbed "sleepy hollow" because of the level of laziness.
He said some staff would clean their cars when they should have been working and that the department had not made an arrest for at least 15 years.
Mr Roythorne transferred to Northumbria Police in 1997 from the Met in London and retired from the police force in May 2007.
The trial continues.
Retired Sgt David Roythorne, 52, denies nine indecent assaults and three sexual assaults, allegedly committed while serving with the Northumbria force.
He told a jury at Newcastle Crown Court that antics like flicking naked colleagues with towels was commonplace.
He said no-one had ever complained during his time with the force.
During the trial, which is in its third week, Mr Roythorne, of Westmoor, North Tyneside, has been portrayed as a bully, who told some of his victims "RHIP - Rank Has Its Privileges" after subjecting them to alleged sex attacks.
It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to
David Roythorne
He is alleged to have frequently grabbed other officers and members of the public by the crotch, and thrust his genitals into other officers' faces and simulated sex.
The charges followed an IPCC investigation into the incidents, which were alleged to have happened between July 2001 and August 2006.
Giving evidence, Mr Roythorne said: "In my whole life as a police officer, I have never heard anybody say 'Don't do that.'
"Of course, the image projected to the general public, the government and the press, is that it doesn't happen any more, it does.
"It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to."
Car washing
Mr Roythorne said the complaints against him were made from within a department he had taken over and which he dubbed "sleepy hollow" because of the level of laziness.
He said some staff would clean their cars when they should have been working and that the department had not made an arrest for at least 15 years.
Mr Roythorne transferred to Northumbria Police in 1997 from the Met in London and retired from the police force in May 2007.
The trial continues.
Judge Modifies Drew Peterson Bond
JOLIET, Ill.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
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Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
RelatedStories
Drew Peterson Charged With Felony Weapons Offense After Surrendering to Police Photo Essays
Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
Officer Killed Man after being Distracted by Texting
TAUNTON
A state employee from Stoughton was distracted by his cellphone when he struck and killed a man with his car last weekend, in the latest fatal accident in Massachusetts involving text messaging, authorities say.
Michael L. Faria, whom Easton police identified as a police officer for the Department of Mental Health, pleaded not guilty in Taunton District Court yesterday to charges stemming from an accident that killed John J. McCarthy, 58, of Brockton, as McCarthy walked on Washington Street in Easton early Saturday.
Judge Kevan Cunningham ordered Faria, 33, held on $50,000 cash bail on charges of homicide by motor vehicle, operating to endanger, and leaving the scene of an accident.
Alison Goodwin, Health and Human Services spokeswoman, confirmed that Faria worked for the department, but said she could not comment on his position or status.
The accident followed two deaths believed to have been related, at least in part, to text messaging. In December, 13-year-old Earman Machado was struck and killed in Taunton by a driver who later told police he was trying to send a text message. In October, 17-year-old Amanda Martin of Southbridge was killed when she drove off the road after receiving a text message.
The deaths occurred as lawmakers were considering a ban on using hand-held cellphones while driving. A bill that passed in the House in January is now in the Senate, said Representative Joseph F. Wagner, a Chicopee Democrat who sponsored the bill.
Wagner said he has long felt text messaging was dangerous.
"It is a major distraction to the safe operation of a motor vehicle, and I think if we can eliminate that distraction, we should," he said.
McCarthy, a Vietnam War veteran and father of two who often walked in the early morning for exercise, was believed to have been struck about 4:15 a.m. Saturday, said Bristol Assistant District Attorney Jessica Lennon. Outside court after yesterday's hearing, the McCarthy family's lawyer, Thomas J. Minichiello, said a Good Samaritan called police at 4:41 a.m. Lennon said McCarthy was alive but bleeding heavily from his head, arms, and legs when police arrived.
McCarthy later died at Caritas Good Samaritan Medical Center in Brockton.
Reading from the police report yesterday, Lennon said that, based on a tip, police went to the home of an Easton man, who told them that Faria had been drinking earlier that evening and had been at his house until just before the accident. The man said Faria called him sometime after he left and said he had been looking down at his phone, text messaging, when he thought he hit someone, Lennon said.
When the man asked what happened, Faria responded, "I don't know; I didn't go back," according to the police report.
"It is quite possible that if the defendant had contacted 911 at the time of the crash, the victim would be alive today," Lennon said.
Lennon argued for $250,000 bail, calling Faria a flight risk.
Faria, Lennon said, went to Maine after the accident. An anonymous caller told police Monday that her daughter was at the Easton home where Faria had been and overheard a phone conversation about the accident. Police tried to call Faria later that day, Lennon said, but he did not return their calls. He also made some repairs to his sport utility vehicle, which was damaged in the accident, Lennon said.
Faria's lawyer, John LaChance of Framingham, said his client had no obligation to return phone calls until a warrant was issued on Tuesday, when he turned himself in.
Faria "could have crossed over to Canada, gone anywhere he wanted to," said LaChance, who argued for $5,000 bail.
Detective Sergeant John Lynn of the Easton Police Department said he did not know whether police would file charges against anyone else.
Donald Fisher, a professor at the University of Massachusetts-Amherst who studies distracted driving, said he considers text messaging "probably the single most dangerous" activity someone could do while driving.
A study released last year by the National Highway Traffic Safety Administration found that nearly 80 percent of all crashes and 65 percent of all near crashes occur when drivers are distracted and that the leading cause of distraction is dialing or talking on cellphones.
A survey released last year by Nationwide Mutual Insurance indicated that 19 percent of all drivers - and 37 percent of drivers ages 18 to 27 - engage in text messaging while driving.
"It requires a lot of your mental focus, and it occurs over a long period of time," Fisher said.
A state employee from Stoughton was distracted by his cellphone when he struck and killed a man with his car last weekend, in the latest fatal accident in Massachusetts involving text messaging, authorities say.
Michael L. Faria, whom Easton police identified as a police officer for the Department of Mental Health, pleaded not guilty in Taunton District Court yesterday to charges stemming from an accident that killed John J. McCarthy, 58, of Brockton, as McCarthy walked on Washington Street in Easton early Saturday.
Judge Kevan Cunningham ordered Faria, 33, held on $50,000 cash bail on charges of homicide by motor vehicle, operating to endanger, and leaving the scene of an accident.
Alison Goodwin, Health and Human Services spokeswoman, confirmed that Faria worked for the department, but said she could not comment on his position or status.
The accident followed two deaths believed to have been related, at least in part, to text messaging. In December, 13-year-old Earman Machado was struck and killed in Taunton by a driver who later told police he was trying to send a text message. In October, 17-year-old Amanda Martin of Southbridge was killed when she drove off the road after receiving a text message.
The deaths occurred as lawmakers were considering a ban on using hand-held cellphones while driving. A bill that passed in the House in January is now in the Senate, said Representative Joseph F. Wagner, a Chicopee Democrat who sponsored the bill.
Wagner said he has long felt text messaging was dangerous.
"It is a major distraction to the safe operation of a motor vehicle, and I think if we can eliminate that distraction, we should," he said.
McCarthy, a Vietnam War veteran and father of two who often walked in the early morning for exercise, was believed to have been struck about 4:15 a.m. Saturday, said Bristol Assistant District Attorney Jessica Lennon. Outside court after yesterday's hearing, the McCarthy family's lawyer, Thomas J. Minichiello, said a Good Samaritan called police at 4:41 a.m. Lennon said McCarthy was alive but bleeding heavily from his head, arms, and legs when police arrived.
McCarthy later died at Caritas Good Samaritan Medical Center in Brockton.
Reading from the police report yesterday, Lennon said that, based on a tip, police went to the home of an Easton man, who told them that Faria had been drinking earlier that evening and had been at his house until just before the accident. The man said Faria called him sometime after he left and said he had been looking down at his phone, text messaging, when he thought he hit someone, Lennon said.
When the man asked what happened, Faria responded, "I don't know; I didn't go back," according to the police report.
"It is quite possible that if the defendant had contacted 911 at the time of the crash, the victim would be alive today," Lennon said.
Lennon argued for $250,000 bail, calling Faria a flight risk.
Faria, Lennon said, went to Maine after the accident. An anonymous caller told police Monday that her daughter was at the Easton home where Faria had been and overheard a phone conversation about the accident. Police tried to call Faria later that day, Lennon said, but he did not return their calls. He also made some repairs to his sport utility vehicle, which was damaged in the accident, Lennon said.
Faria's lawyer, John LaChance of Framingham, said his client had no obligation to return phone calls until a warrant was issued on Tuesday, when he turned himself in.
Faria "could have crossed over to Canada, gone anywhere he wanted to," said LaChance, who argued for $5,000 bail.
Detective Sergeant John Lynn of the Easton Police Department said he did not know whether police would file charges against anyone else.
Donald Fisher, a professor at the University of Massachusetts-Amherst who studies distracted driving, said he considers text messaging "probably the single most dangerous" activity someone could do while driving.
A study released last year by the National Highway Traffic Safety Administration found that nearly 80 percent of all crashes and 65 percent of all near crashes occur when drivers are distracted and that the leading cause of distraction is dialing or talking on cellphones.
A survey released last year by Nationwide Mutual Insurance indicated that 19 percent of all drivers - and 37 percent of drivers ages 18 to 27 - engage in text messaging while driving.
"It requires a lot of your mental focus, and it occurs over a long period of time," Fisher said.
Officer Failed Required Sobriety Test After Shooting
NEW YORK
An off-duty police detective failed a required sobriety test after wounding an armed suspect, leading a union official to suggest Tuesday that officers will think twice about stepping in when they're off the job.
The shooting early Sunday was the first time an officer failed a Breathalyzer test since a rule took effect last September. The test — the same one used in drunken-driving stops — is now administered to any officer who kills or wounds someone. Previously, a senior officer at the scene would determine whether those involved appeared sober at the time.
In this case, the detective's blood alcohol content was 0.09 percent, and the legal limit is 0.08 percent, authorities said Tuesday.
Police officials said the shooting appeared to be justified; a preliminary investigation showed the officer faced an imminent threat of serious physical injury or death. But it wasn't clear whether the detective would face disciplinary charges over the test results.
"The fact that alcohol may have been consumed off duty doesn't necessarily mean that a shooting was outside of department guidelines," said police spokesman Paul Browne.
The police union contends the new rule is excessive.
"Among its problems is that it fails to take real-life police situations into account," said Patrick Lynch, Patrolmen's Benevolent Association president. "It sends a message to off-duty officers not to get involved in crime-fighting and prevention. It can make them hesitate to use their weapons even when quick action is called for."
The longtime detective, whose name was not released, was placed on modified duty while the case is reviewed.
Police said he saw a man being attacked near a Queens club and stepped in to stop it. A suspect opened fire and missed; the detective fired back, hitting the man in the arm and leg.
The attackers fled, but the 22-year-old shooter was later arrested at a Long Island hospital where he went for treatment, police said. On Tuesday, he remained hospitalized and faced charges of attempted murder. Two others were also arrested and charged with gang assault.
The Breathalyzer rule stemmed from an NYPD review of undercover work after the police killing of an unarmed man on his wedding day.
The union, which represents 23,000 officers, is challenging the rule in a federal lawsuit, arguing that it is flawed and violates officers' protection against unreasonable government searches.
Mayor Michael Bloomberg said that he would leave the decision to Police Commissioner Raymond Kelly, but that it appeared the detective did the right thing.
"He was off duty, he was enjoying himself — he has a right to do that; off-duty police officers have the right to carry weapons. He, by accident, saw something where people's lives were threatened, and he took appropriate action to stop that," Bloomberg said.
An off-duty police detective failed a required sobriety test after wounding an armed suspect, leading a union official to suggest Tuesday that officers will think twice about stepping in when they're off the job.
The shooting early Sunday was the first time an officer failed a Breathalyzer test since a rule took effect last September. The test — the same one used in drunken-driving stops — is now administered to any officer who kills or wounds someone. Previously, a senior officer at the scene would determine whether those involved appeared sober at the time.
In this case, the detective's blood alcohol content was 0.09 percent, and the legal limit is 0.08 percent, authorities said Tuesday.
Police officials said the shooting appeared to be justified; a preliminary investigation showed the officer faced an imminent threat of serious physical injury or death. But it wasn't clear whether the detective would face disciplinary charges over the test results.
"The fact that alcohol may have been consumed off duty doesn't necessarily mean that a shooting was outside of department guidelines," said police spokesman Paul Browne.
The police union contends the new rule is excessive.
"Among its problems is that it fails to take real-life police situations into account," said Patrick Lynch, Patrolmen's Benevolent Association president. "It sends a message to off-duty officers not to get involved in crime-fighting and prevention. It can make them hesitate to use their weapons even when quick action is called for."
The longtime detective, whose name was not released, was placed on modified duty while the case is reviewed.
Police said he saw a man being attacked near a Queens club and stepped in to stop it. A suspect opened fire and missed; the detective fired back, hitting the man in the arm and leg.
The attackers fled, but the 22-year-old shooter was later arrested at a Long Island hospital where he went for treatment, police said. On Tuesday, he remained hospitalized and faced charges of attempted murder. Two others were also arrested and charged with gang assault.
The Breathalyzer rule stemmed from an NYPD review of undercover work after the police killing of an unarmed man on his wedding day.
The union, which represents 23,000 officers, is challenging the rule in a federal lawsuit, arguing that it is flawed and violates officers' protection against unreasonable government searches.
Mayor Michael Bloomberg said that he would leave the decision to Police Commissioner Raymond Kelly, but that it appeared the detective did the right thing.
"He was off duty, he was enjoying himself — he has a right to do that; off-duty police officers have the right to carry weapons. He, by accident, saw something where people's lives were threatened, and he took appropriate action to stop that," Bloomberg said.
Officer Tommy Sanders III Charged with Manslaughter
A Baltimore grand jury indicted a city police officer yesterday on charges of voluntary and involuntary manslaughter in the fatal shooting of an unarmed man he was questioning in Northeast Baltimore in January, according to the state's attorney's office.
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
Officer Charged with Stealing Water Hose
ANSONIA, Conn.
Decorated Ansonia police officer Mustafa Salahuddin has turned himself in to State Police on a theft charge.
Salahuddin's lawyer says his client has been charged with larceny for allegedly stealing a garden hose from the police department. Ansonia Police Chief Kevin Hale is declining to discuss details, but attorney Rob Serafinowicz says it's a case of retribution.
Serafinowicz believes the investigation is retribution for a successful complaint Salahuddin filed a decade ago with the state civil rights agency over his right as a Muslim to wear a trimmed beard.
Serafinowicz says the alleged theft involved a $25 garden hose that the department has in its possession.
Salahuddin has received the department's Distinguished Service Award and last year he received a Life-Saving Award.
Decorated Ansonia police officer Mustafa Salahuddin has turned himself in to State Police on a theft charge.
Salahuddin's lawyer says his client has been charged with larceny for allegedly stealing a garden hose from the police department. Ansonia Police Chief Kevin Hale is declining to discuss details, but attorney Rob Serafinowicz says it's a case of retribution.
Serafinowicz believes the investigation is retribution for a successful complaint Salahuddin filed a decade ago with the state civil rights agency over his right as a Muslim to wear a trimmed beard.
Serafinowicz says the alleged theft involved a $25 garden hose that the department has in its possession.
Salahuddin has received the department's Distinguished Service Award and last year he received a Life-Saving Award.
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