VISTA, Calif.
A San Diego police officer claims caution prompted him to unload five bullet rounds at an 8-year-old boy and his mother during an off-duty traffic dispute, but prosecutors Tuesday called it a case of "apparent road rage."
Frank White pleaded not guilty to one felony count of discharging a firearm in a grossly negligent manner and one misdemeanor count of drawing a concealed weapon in public. He faces up to nine years in prison if convicted.
Prosecutors accuse White of firing at Rachel Silva's Honda Accord from the driver's seat of his own car after a screaming match triggered by a near-collision at a busy intersection.
One bullet struck Silva's son Johnny in the knee; the boy was hospitalized and required surgery. Two others struck Silva in the upper arm.
White, 28, answered a single procedural question at his arraignment before Superior Court Judge Marshall Hockett and was released on his own recognizance. He declined to speak with reporters as he left the courthouse with his wife, Jacquellyn.
White's attorney, Richard Pinckard, entered the plea on his client's behalf.
"We don't believe that there's anything to support that our client's conduct was unreasonable under the circumstances," Pinckard said after the hearing.
White was also stripped of his police powers and placed on unpaid leave from the San Diego Police Department while his case is under internal review, Chief William Lansdowne said. White was assigned to administrative duty after the March 15 shooting.
White is the second law enforcement officer that Dumanis charged since taking office in 2003; the first was a sheriff's deputy accused of killing his wife. She has faced criticism in some quarters for declining to pursue charges in other high-profile cases, including the 2006 shooting of former Chargers linebacker Steve Foley by an off-duty officer.
"Based on the evidence and the law, these charges are appropriate," Dumanis said in a brief statement. She refused to take questions from reporters.
White was driving his personal car when he and Rachel Silva nearly collided on a busy thoroughfare in Oceanside, about 40 miles north of San Diego. Witnesses said Silva responded aggressively, tailing White and his wife to a parking lot.
According to an arrest warrant filed Tuesday, White was wearing his .38 Smith and Wesson revolver on his waistband and aimed it at Silva as she pulled parallel to him. Silva called 911 and said, "There's a man who's pulling a gun on me," then sideswiped White's car as she reversed past it after he began to open the driver's side door.
White told investigators that he fired because he thought Silva was trying to hit him with her car, according to search warrants filed earlier in the case. He claimed he did not see her son through the windshield.
White's wife, a police dispatcher, was in their car.
Tests showed Silva had a blood alcohol level nearly twice the legal limit. The 27-year-old pleaded not guilty this month to felony child endangerment and misdemeanor drunken-driving and marijuana-possession charges filed by the state attorney general's office.
Her attorney, Michael Pancer, said he was pleased by Dumanis' decision.
"She did the right thing," Pancer said.
Silva and her son have each filed lawsuits seeking damages from the city of San Diego. Lawyers for the boy also filed a complaint in federal court in May claiming police were inadequately screened, trained and disciplined.
Wednesday, July 30, 2008
Officer Can't Control His Own Son
The son of a BSO deputy was arrested on Tuesday, charged with pretending to be a law enforcement officer.
It's bad enough when a son takes dad's car out for a joy ride, without asking.
But when the dad is a Broward sheriff's deputy and the car is an unmarked patrol vehicle, the son could face more than grounding.
Tuesday night, Myko Coker, 18, of Sunrise, was in Broward County's main jail, facing grand theft auto and impersonating a law enforcement officer charges.
Here is how police described what happened:
At about 4:30 a.m., a call came into the Sunrise Police Department saying an unmarked police car was making traffic stops near the corner of University Drive and West Oakland Park Boulevard.
There, a Sunrise officer found someone wearing a BSO T-shirt and driving an unmarked police car. There was a passenger in the car.
The driver told the officer he was a BSO deputy and that he was driving home from work when someone cut him off and he pulled the car over, according to Sunrise police spokesman Capt. Robert Voss.
The name he gave was his father's, who is a deputy with the sheriff's office.
The Sunrise officer allowed Coker to leave.
But moments later, the officer saw the unmarked car again. With emergency lights on, the car pulled into a parking lot in the 4500 block of North University Drive, then pulled out and headed west on Northwest 44th Street.
The Sunrise officer turned on his own lights and went after the unmarked car. But the BSO car kept going.
The Sunrise officer turned on his siren.
The BSO cruiser pulled over.
This time, the Sunrise officer asked Coker to show proof he was a deputy.
But Coker had no badge, Voss said.
''He went to the deputy's house that was being impersonated, knocked on the door and asked him where was his car,'' Voss said.
'He looked outside and said `Uh oh, where's my car?' ''
The deputy's name wasn't released.
The passenger wasn't charged, Voss said.
''The deputy's son did something really foolish, and now they're going to have to deal with it as a family,'' said BSO spokesman Jim Leljedal.
Officer has Sex with Prostitute, Stole the Money
Louisville, Ky.
A Louisville metro police officer is the target of a criminal investigation.
The investigation alleges the officer had sex with the prostitute, stole the money he paid her, and then cited her for trespassing.
Sherry McClean says she owns a massage service. She has her own sexually explicit website and today said that last October, she went to Kenneth Wynne’s Louisville apartment to give him a massage. He paid her 80 bucks and agreed to pay more if she’d have sex with him. McClean claims when she balked at one of Wynne’s sexual demands, he held a gun to her head, wouldn’t let her leave, told her he was a police officer and had to charge her with a crime of her choosing. She picked criminal trespassing. That’s what she was cited for. Then McClean says Officer Wynne took back the money he’d just paid her and kept the condom he’d used. McClean says she finally got to leave, immediately calling her attorney and eventually, the police.
According to court records, the trespassing charge against McClean was dismissed when the police officer, Wynne, was not present in court. McClean has a long list of mostly minor criminal charges including two convictions for prostitution.
She says when she left Wynne, she took some of his DNA with her to prove she’s telling the truth.
A Louisville metro police officer is the target of a criminal investigation.
The investigation alleges the officer had sex with the prostitute, stole the money he paid her, and then cited her for trespassing.
Sherry McClean says she owns a massage service. She has her own sexually explicit website and today said that last October, she went to Kenneth Wynne’s Louisville apartment to give him a massage. He paid her 80 bucks and agreed to pay more if she’d have sex with him. McClean claims when she balked at one of Wynne’s sexual demands, he held a gun to her head, wouldn’t let her leave, told her he was a police officer and had to charge her with a crime of her choosing. She picked criminal trespassing. That’s what she was cited for. Then McClean says Officer Wynne took back the money he’d just paid her and kept the condom he’d used. McClean says she finally got to leave, immediately calling her attorney and eventually, the police.
According to court records, the trespassing charge against McClean was dismissed when the police officer, Wynne, was not present in court. McClean has a long list of mostly minor criminal charges including two convictions for prostitution.
She says when she left Wynne, she took some of his DNA with her to prove she’s telling the truth.
Tasered to Death
Case of Louisiana Man Tasered to Death by Police Officer While in Custody Heads to Grand Jury
The case of a former Winnfield, Louisiana police officer who zapped a handcuffed suspect nine times with a Taser goes now before a grand jury to consider whether he will be charged in the death of Baron “Scooter” Pikes.
Pikes, the first cousin of lead Jena Six defendant Mychal Bell, died in January after former Winnfield police officer Scott Nugent used 50,000 volt Taser strikes on him at least nine times, authorities said.
District Attorney R. Chris Nevils of the 8th Judicial District, which includes Winn Parish, said Monday he will convene a grand jury on Aug. 12 to consider possible charges against Nugent.
Winnfield is less than 40 miles from Jena, Louisiana, the scene last year of one of the largest civil rights marches in recent history.
Nugent has acknowledged using a Taser multiple times on Pikes on January 17, 2008, while Pikes was in police custody. Pikes died a short time later, Nevils said in his statement.
The case of a former Winnfield, Louisiana police officer who zapped a handcuffed suspect nine times with a Taser goes now before a grand jury to consider whether he will be charged in the death of Baron “Scooter” Pikes.
Pikes, the first cousin of lead Jena Six defendant Mychal Bell, died in January after former Winnfield police officer Scott Nugent used 50,000 volt Taser strikes on him at least nine times, authorities said.
District Attorney R. Chris Nevils of the 8th Judicial District, which includes Winn Parish, said Monday he will convene a grand jury on Aug. 12 to consider possible charges against Nugent.
Winnfield is less than 40 miles from Jena, Louisiana, the scene last year of one of the largest civil rights marches in recent history.
Nugent has acknowledged using a Taser multiple times on Pikes on January 17, 2008, while Pikes was in police custody. Pikes died a short time later, Nevils said in his statement.
Jailer accused of soliciting sex from teen
Corrections officer from Madison County thought he was corresponding with 14-year-old girl who was actually a federal agent, according to U.S. attorney.
A Madison County corrections officer was arrested in south Baldwin County on Monday morning on federal felony charges of attempting to use the Internet to solicit sex from a minor.
James Norbert Stracke, 55, of Meridianville was arrested when he arrived in Foley, said Tommy Loftis, a spokesman for the U.S. Attorney's Office in Mobile. Stracke was also charged with attempting to transfer obscene material.
Stracke has been a corrections officer for the Madison County Sheriff's Office for 15 years, said Chris Stephens, chief deputy.
Last week, Stracke began corresponding on the Internet with a person whom he believed to be a 14-year-old girl, according to a statement issued by U.S. Attorney Deborah Rhodes. The person was an undercover federal officer, the statement said.
In Foley, Stracke was arrested by officers from the city police, the U.S. Marshals Service Fugitive Task Force and the U.S. Attorney's Office Project Safe Childhood Task Force.
Stephens said that Madison County officials placed Stracke on unpaid leave Monday after being informed of the arrest. He said Stracke has been a corrections officer assigned to overseeing jail inmates since being hired.
Stephens said the jailer had no record of disciplinary problems.
"He was kind of a quiet guy, kind of reserved," Stephens said Monday. "There was never any indication of anything such as this."
Stephen said Stracke did not have access to county computers or the Internet as part of his jail job.
Stracke made an initial appearance Monday before U.S. Magistrate Judge William Cassady, and is scheduled for a detention hearing Wednesday.
A defendant convicted of enticement of a minor could be sentenced to up to 20 years in prison and fined as much as $250,000, according to federal officials. The charge of transfer of obscene material to a minor carries a maximum sentence of 10 years and a $250,000 fine.
Stracke's case will be presented to the federal grand jury next month, Loftis said.
A Madison County corrections officer was arrested in south Baldwin County on Monday morning on federal felony charges of attempting to use the Internet to solicit sex from a minor.
James Norbert Stracke, 55, of Meridianville was arrested when he arrived in Foley, said Tommy Loftis, a spokesman for the U.S. Attorney's Office in Mobile. Stracke was also charged with attempting to transfer obscene material.
Stracke has been a corrections officer for the Madison County Sheriff's Office for 15 years, said Chris Stephens, chief deputy.
Last week, Stracke began corresponding on the Internet with a person whom he believed to be a 14-year-old girl, according to a statement issued by U.S. Attorney Deborah Rhodes. The person was an undercover federal officer, the statement said.
In Foley, Stracke was arrested by officers from the city police, the U.S. Marshals Service Fugitive Task Force and the U.S. Attorney's Office Project Safe Childhood Task Force.
Stephens said that Madison County officials placed Stracke on unpaid leave Monday after being informed of the arrest. He said Stracke has been a corrections officer assigned to overseeing jail inmates since being hired.
Stephens said the jailer had no record of disciplinary problems.
"He was kind of a quiet guy, kind of reserved," Stephens said Monday. "There was never any indication of anything such as this."
Stephen said Stracke did not have access to county computers or the Internet as part of his jail job.
Stracke made an initial appearance Monday before U.S. Magistrate Judge William Cassady, and is scheduled for a detention hearing Wednesday.
A defendant convicted of enticement of a minor could be sentenced to up to 20 years in prison and fined as much as $250,000, according to federal officials. The charge of transfer of obscene material to a minor carries a maximum sentence of 10 years and a $250,000 fine.
Stracke's case will be presented to the federal grand jury next month, Loftis said.
Deputy Accused Of Sex With Minor Held On High Bond
ORLANDO
On Tuesday morning, bond was set at $250,000 for an Orange County deputy who was arrested on child sex charges.
The Sheriff's Office said Louis Mercado, 45, was taken into custody Monday on charges of sexual battery on a minor.
Deputies said the alleged abuse began in January 1992 when the boy was 7 to 9 years old, and it continued until the victim was 16 or 17 years old.
According to officials, the sexually explicit activity often happened when the boy spent the night at Mercado's home.
Mercado has been suspended without pay pending the outcome of the investigation. He has been with the Orange County Sheriff's Office since 1992 and was currently serving as a school resource officer.
Mercado has been suspended without pay pending the outcome of the case.
The victim is now 24 years old and his aunt called investigators.
Police revealed that a couple of days ago, Mercado made contact with the victim. They said he called him on the phone, admitted to the abuse and apologized.
On Tuesday morning, bond was set at $250,000 for an Orange County deputy who was arrested on child sex charges.
The Sheriff's Office said Louis Mercado, 45, was taken into custody Monday on charges of sexual battery on a minor.
Deputies said the alleged abuse began in January 1992 when the boy was 7 to 9 years old, and it continued until the victim was 16 or 17 years old.
According to officials, the sexually explicit activity often happened when the boy spent the night at Mercado's home.
Mercado has been suspended without pay pending the outcome of the investigation. He has been with the Orange County Sheriff's Office since 1992 and was currently serving as a school resource officer.
Mercado has been suspended without pay pending the outcome of the case.
The victim is now 24 years old and his aunt called investigators.
Police revealed that a couple of days ago, Mercado made contact with the victim. They said he called him on the phone, admitted to the abuse and apologized.
Officer Accused of Stealing Garden Hose in Court
ANSONIA, Conn.
An Ansonia police officer who was charged with larceny and accused of stealing a $25 garden hose from the police department will be in court Tuesday.
Antonia police arrested Mustafa Salahuddin, a 20-year veteran of the force, two weeks ago and he has been on paid leave since.
Protestors are coming out in support of him and Salahuddin’s lawyer, Rob Serafinowicz, said this case has nothing to do with a hose, it's about payback.
"This is a clear case that the chief decided that he wanted to retaliate against him for things that happened years ago,” Serafinowicz said. “That's the chief's MO. It's his style, and it's nice that everybody's out here to support Moose based on these stupid charges."
Years ago, Serafinowicz said, Salahuddin challenged the department's policy against facial hair and won the right to wear this beard, part of his Muslim beliefs.
The National Association for the Advancement of Colored People and Ansonia's mayor said the U.S. Department of Justice would investigate Salahuddin's arrest.
NAACP representatives marched to support Salahuddin Monday and said they will do it again.
Not everyone in Ansonia is as supportive.
“You're in the public eye. You're supposed to be a role model for citizens. Myself, if I do something wrong, I'm accountable too,” said Mike Celestino of Ansonia.
An Ansonia police officer who was charged with larceny and accused of stealing a $25 garden hose from the police department will be in court Tuesday.
Antonia police arrested Mustafa Salahuddin, a 20-year veteran of the force, two weeks ago and he has been on paid leave since.
Protestors are coming out in support of him and Salahuddin’s lawyer, Rob Serafinowicz, said this case has nothing to do with a hose, it's about payback.
"This is a clear case that the chief decided that he wanted to retaliate against him for things that happened years ago,” Serafinowicz said. “That's the chief's MO. It's his style, and it's nice that everybody's out here to support Moose based on these stupid charges."
Years ago, Serafinowicz said, Salahuddin challenged the department's policy against facial hair and won the right to wear this beard, part of his Muslim beliefs.
The National Association for the Advancement of Colored People and Ansonia's mayor said the U.S. Department of Justice would investigate Salahuddin's arrest.
NAACP representatives marched to support Salahuddin Monday and said they will do it again.
Not everyone in Ansonia is as supportive.
“You're in the public eye. You're supposed to be a role model for citizens. Myself, if I do something wrong, I'm accountable too,” said Mike Celestino of Ansonia.
Officer Knocks Bicyclist to the Ground
NEW YORK
The New York Police Department has disciplined a Midtown police officer who had arrested a bicyclist he appears to have knocked to the ground, according to a YouTube videotape of the incident released Monday.
The videotape has raised concerns about police Officer Patrick Pogan's sworn account that the bicyclist deliberately drove into him last Friday evening during a Critical Mass bicycle ride in Times Square, a source said.
After the videotape surfaced, the NYPD took away Pogan's badge and gun, temporarily placing him on desk duty. The Manhattan district attorney also announced that it was investigating the incident.
In a criminal complaint, Pogan accused bicyclist Christopher Long of steering into him, the impact flinging Pogan to the ground and causing cuts on his forearms.
However on the video, shot by a bystander, it appears as though Pogan was the aggressor who used both hands to shove the 29-year-old Long off his bicycle as he traveled down Seventh Avenue by 46th Street about 8:30 p.m. July 25.
The videotape shows Long hitting the ground but doesn't show Pogan thrown off his feet.
Police arrested Long, charging him with attempted assault, resisting arrest and disorderly conduct, charges that now are under scrutiny given the videotape, a source said.
"The officer has been placed on modified assignment pending further investigation of the incident," said Paul Browne, the NYPD's spokesman. The Patrolmen's Benevolent Association declined comment.
Long also declined comment, but a Critical Mass supporter said confrontations like these are common between police and bicyclists.
At their monthly bicycle rides, Critical Mass has at times been accused of blocking traffic and causing disruptions to promote "non-polluting transportation."
"I was just horrified. You see the police officer knocking the cyclist off his bicycle," said Judy Ross of Time's Up!, a promoter for Critical Mass.
However a former NYPD official said the videotape may not tell the whole story.
"You can't see what the bicyclist is doing as he approaches the officer, other than he is coming close to the officer," said security consultant Thomas Ruskin, president of the CMP Group.
The New York Police Department has disciplined a Midtown police officer who had arrested a bicyclist he appears to have knocked to the ground, according to a YouTube videotape of the incident released Monday.
The videotape has raised concerns about police Officer Patrick Pogan's sworn account that the bicyclist deliberately drove into him last Friday evening during a Critical Mass bicycle ride in Times Square, a source said.
After the videotape surfaced, the NYPD took away Pogan's badge and gun, temporarily placing him on desk duty. The Manhattan district attorney also announced that it was investigating the incident.
In a criminal complaint, Pogan accused bicyclist Christopher Long of steering into him, the impact flinging Pogan to the ground and causing cuts on his forearms.
However on the video, shot by a bystander, it appears as though Pogan was the aggressor who used both hands to shove the 29-year-old Long off his bicycle as he traveled down Seventh Avenue by 46th Street about 8:30 p.m. July 25.
The videotape shows Long hitting the ground but doesn't show Pogan thrown off his feet.
Police arrested Long, charging him with attempted assault, resisting arrest and disorderly conduct, charges that now are under scrutiny given the videotape, a source said.
"The officer has been placed on modified assignment pending further investigation of the incident," said Paul Browne, the NYPD's spokesman. The Patrolmen's Benevolent Association declined comment.
Long also declined comment, but a Critical Mass supporter said confrontations like these are common between police and bicyclists.
At their monthly bicycle rides, Critical Mass has at times been accused of blocking traffic and causing disruptions to promote "non-polluting transportation."
"I was just horrified. You see the police officer knocking the cyclist off his bicycle," said Judy Ross of Time's Up!, a promoter for Critical Mass.
However a former NYPD official said the videotape may not tell the whole story.
"You can't see what the bicyclist is doing as he approaches the officer, other than he is coming close to the officer," said security consultant Thomas Ruskin, president of the CMP Group.
Officer Pleads Not Guilty in Road Rage Shooting
VISTA
A San Diego police officer accused of shooting at a mother and her child while off-duty pleaded not guilty Tuesday afternoon to charges stemming from the incident.
Officer Frank White faces a felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. If convicted, he faces a maximum penalty of nine years in prison.
White answered the judge's questions during a brief appearance in Superior Court in Vista. He was there with his wife, attorneys and two other people. He did not answer questions after the hearing.
District Attorney Bonnie Dumanis announced the charges at a noon news conference and did not take any questions from reporters.
“Every officer-involved shooting is carefully reviewed by the District Attorney's Office to determine if criminal charges should be filed,” she said. “Based on the evidence and the law, these charges are appropriate.”
White was in the process of being suspended without pay Tuesday pending the outcome of the criminal proceedings, said Det. Gary Hassen, a San Diego Police Department spokesman.
The incident occurred the night of March 15, when White and his wife encountered Rachel Silva, who was driving with her then 8-year-old son, Johnny, in the passenger seat.
The shooting evolved from an apparent road-rage dispute and ended with White firing five rounds into Silva's car, officials said. Silva was shot twice in the arm, while her son was hit once in the knee.
White was allowed to leave the courtroom on his own recognizance without posting bail and must return on Saturday to be booked and released. His next court appearance is set for Aug. 26 and a preliminary hearing is scheduled for Sept. 17.
In April, the Attorney General's Office and the San Diego County District Attorney's Office decided to split the prosecution of the cases. The attorney general took over Silva's case, while the District Attorney's Office handled the investigation into White. Both agencies agreed that it was best to conduct two independent reviews in case both Silva and White were charged.
Silva has pleaded not guilty to felony child endangerment and five misdemeanors: two drunken driving charges, possession of marijuana, driving on a suspended license and driving on a license suspended for a previous drunken driving conviction.
Silva faces up to six years in prison if convicted of the felony. Her preliminary hearing has been set for Sept. 9.
In the interim, Silva has been in a rehabilitation facility where she will remain until counselors say she can leave, said her defense attorney Michael Pancer.
In response to White's charges, Pancer said: “I think the District Attorney's Office got it just right.”
The lawyer said he spoke to his client about the charges filed against White and said Silva “is pleased that Ms. Dumanis had the courage to do this.”
White's defense attorney, Richard Pinckard, said his client denies all of the allegations.
“This case rests on the evidence,” Pinckard said after the hearing. “We'll see how it unfolds.”
Oceanside police conducted an initial investigation and turned the case over to the District Attorney's Office in April to determine whether charges should be filed.
Oceanside police said Silva's blood-alcohol level was 0.15 percent – nearly twice the legal limit – at the time. Authorities also said she had marijuana in her system.
Silva has said she doesn't recall how the confrontation started and doesn't know why White fired into her car. She also said she was only trying to get away from him when she saw his gun.
A lawsuit has been filed on behalf of Silva's son against White, the city of San Diego, the San Diego Police Department and the police chief. Silva has filed a similar claim.
Monday, July 28, 2008
Former Officer David Scudder Sold Fake Autographs
GREENSBURG, Ind.
A former police officer faces theft and official misconduct charges for allegedly pocketing money while investigating a scam that sold fake autographs of action film actor "Stone Cold" Steve Austin.
David L. Scudder, who was charged last week, resigned from the Greensburg police force on June 30 after the Indiana State Police began investigating his actions.
Prosecutors said Scudder, 37, seized money from a man who was acting as the "promoter" of a man who resembles Austin, a wrestler who's made the transition to films.
Those two men, who were selling what they said were Austin's autographs, had tricked about eight people to pay $10 for each of "the false and fraudulent autographs," according to an affidavit filed in Decatur County Circuit Court.
The affidavit states that on June 21, Scudder and Greensburg police Detective Mike Cruze arrived at a Wal-Mart in the city about 40 miles southeast of Indianapolis where the two men had been selling the bogus Austin autographs.
The "promoter" told the officers he had collected about $166 that day, but said that his cohort had already left with that money.
Despite that, Scudder asked the man to give him $166 of his own money and then gave the man a receipt -- a transaction captured on Wal-Mart surveillance video -- before announcing to those present, including Cruze, that he had seized the cash, the affidavit states.
Scudder's investigation report filed two days later made no mention of the money or the receipt being logged as evidence, according to the affidavit.
State Police were contacted after Scudder offered Cruze and other Greensburg police officials no explanation for the missing money.
His report, however, noted that the money "was returned to the fans at the scene."
But the affidavit said none of the victims had received any money from the officer.
A former police officer faces theft and official misconduct charges for allegedly pocketing money while investigating a scam that sold fake autographs of action film actor "Stone Cold" Steve Austin.
David L. Scudder, who was charged last week, resigned from the Greensburg police force on June 30 after the Indiana State Police began investigating his actions.
Prosecutors said Scudder, 37, seized money from a man who was acting as the "promoter" of a man who resembles Austin, a wrestler who's made the transition to films.
Those two men, who were selling what they said were Austin's autographs, had tricked about eight people to pay $10 for each of "the false and fraudulent autographs," according to an affidavit filed in Decatur County Circuit Court.
The affidavit states that on June 21, Scudder and Greensburg police Detective Mike Cruze arrived at a Wal-Mart in the city about 40 miles southeast of Indianapolis where the two men had been selling the bogus Austin autographs.
The "promoter" told the officers he had collected about $166 that day, but said that his cohort had already left with that money.
Despite that, Scudder asked the man to give him $166 of his own money and then gave the man a receipt -- a transaction captured on Wal-Mart surveillance video -- before announcing to those present, including Cruze, that he had seized the cash, the affidavit states.
Scudder's investigation report filed two days later made no mention of the money or the receipt being logged as evidence, according to the affidavit.
State Police were contacted after Scudder offered Cruze and other Greensburg police officials no explanation for the missing money.
His report, however, noted that the money "was returned to the fans at the scene."
But the affidavit said none of the victims had received any money from the officer.
Trial Of Lima Police Officer Sgt Joe Chavalia Starts This Morning
The trial of Lima Police Sgt. Joe Chavalia will get underway today. Jury selection starts just before 9 a.m. in the Allen County Common Pleas Court. Visiting Judge Richard Knepper has blocked two weeks for the trial, although it is expected that jury selection alone could take between two and five days.
Security will be tight for the trial, as extra Sheriff’s Deputies will be on hand at the court. No one will be allowed to wait outside the courtroom while the trial progresses and the courtroom will be locked so that no one can enter while court is in session.
Chavalia is charged with negligent homicide in the shooting death of Tarika Wilson during a drug raid in Lima in early January. He also faces a charge of negligent assault for wounding Wilson’s son Sincere.
Security will be tight for the trial, as extra Sheriff’s Deputies will be on hand at the court. No one will be allowed to wait outside the courtroom while the trial progresses and the courtroom will be locked so that no one can enter while court is in session.
Chavalia is charged with negligent homicide in the shooting death of Tarika Wilson during a drug raid in Lima in early January. He also faces a charge of negligent assault for wounding Wilson’s son Sincere.
UPDATE: Officer maybe Charged with Taser Death
NEW ORLEANS
A prosecutor in central Louisiana says he will consider criminal charges against a former police officer accused of jolting a handcuffed man nine times with a Taser before the suspect died.
Baron Pikes was repeatedly shocked with a 50,000-volt Taser as he was arrested on a drug possession warrant on January 17th. A coroner ruled the death was a homicide. The Winn Parish district attorney says former Winnfield police officer Scott Nugent has acknowledged using the device on Pikes.
Nugent's lawyer says he's not surprised the D.A. wants a grand jury sort through the facts.
A lawyer for Pikes' relatives says the family welcomes the grand jury's probe which she called "a step in the right direction."
Winnfield is about 40 miles northwest of Jena, the site of a massive civil rights protest last year.
Thousands demonstrators gathered in Jena to protest the cases against six black teenagers charged with beating a white student at a high school.
Pikes was black; Nugent is white.
A prosecutor in central Louisiana says he will consider criminal charges against a former police officer accused of jolting a handcuffed man nine times with a Taser before the suspect died.
Baron Pikes was repeatedly shocked with a 50,000-volt Taser as he was arrested on a drug possession warrant on January 17th. A coroner ruled the death was a homicide. The Winn Parish district attorney says former Winnfield police officer Scott Nugent has acknowledged using the device on Pikes.
Nugent's lawyer says he's not surprised the D.A. wants a grand jury sort through the facts.
A lawyer for Pikes' relatives says the family welcomes the grand jury's probe which she called "a step in the right direction."
Winnfield is about 40 miles northwest of Jena, the site of a massive civil rights protest last year.
Thousands demonstrators gathered in Jena to protest the cases against six black teenagers charged with beating a white student at a high school.
Pikes was black; Nugent is white.
Sunday, July 27, 2008
Cpl Albert Silveri III Charged with Soliciting Sex With Children
A Pennsylvania State Police officer who allegedly was soliciting sex with children while in an Internet chat group with an undercover officer from Delaware County was arrested yesterday.
Cpl. Albert Silveri III, of Aston, was charged with criminal solicitation to rape, solicitation to involuntary deviate sexual intercourse, solicitation to statutory sexual assault, and other related charges. He was suspended without pay and was being held on $250,000 bail in Delaware County prison.
"It is certainly a sad day for the Pennsylvania State Police," Major Len Bandy said at a news conference today.
According to court documents, Silveri, 39, was using a state-issued laptop as he and the undercover officer discussed meeting for the purposes of having sex with her and her two fictitious daughters, ages 8 and 10.
Silveri, who was assigned to Troop K at the Belmont barracks in Philadelphia, joined the department in 2000 and was promoted to corporal in April 2007, according to the state police Web site. He was working as an accident reconstruction specialist.
Charged with Rape, Aggravated Sodomy, Assault etc..
COBB COUNTY, Ga.
A Cobb County sheriff's deputy has been arrested and accused of rape, officials said Tuesday. The deputy was fired after the sheriff learned of his arrest.
According to investigators, 37-year-old Jason Anthony Bill of Marietta took a woman against her will from the Corona Bar and Grill on Pat Mell Road Monday night. Bill handcuffed and tied up the woman, police said. He then took her to an apartment on South Cobb Drive and sexually assaulted her at gunpoint, according to investigators.
She was later able to escape.
Cobb County Sheriff Neil Warren released a statement Tuesday that said, "It was with a profound sense of outrage and betrayal that I learned of the actions and subsequent charges lodged against Deputy Jason Bill. This type of conduct is reprehensible under any circumstances but even more so when committed by a law enforcement officer. I have no tolerance for misconduct by anyone sworn to uphold the law and, as a result, have immediately terminated Jason Bill’s employment with the Cobb County Sheriff's Office."
Bill is being held at the Cobb County Adult Detention Center. He has been charged with rape, aggravated sodomy, aggravated assault, kidnapping, false imprisonment and battery.
Roanoke Officer Arrested for Armed Robbery
A former Roanoke police officer who is suspected in an armed robbery has been arrested in Mississippi.
Elmore County Sheriff Bill Franklin said Jonathan Heard was arrested around 4 a.m. Saturday in Biloxi.
The former officer is accused of robbing a store in Central on Friday night and leaving with an undisclosed amount of cash.
Franklin said one of his deputies knew Heard and called him on his cell phone.
He said Heard told the deputy he planned to surrender after he spoke with an attorney, but that was apparently a ruse.
Elmore County Sheriff Bill Franklin said Jonathan Heard was arrested around 4 a.m. Saturday in Biloxi.
The former officer is accused of robbing a store in Central on Friday night and leaving with an undisclosed amount of cash.
Franklin said one of his deputies knew Heard and called him on his cell phone.
He said Heard told the deputy he planned to surrender after he spoke with an attorney, but that was apparently a ruse.
Deputy accused of sexual assault
Woman went to his home to pick up her kids before alleged incident occurred.
A Richland County sheriff’s deputy was fired and arrested Friday after a woman said he sexually assaulted her when she went to his home to pick up her children, authorities said.
Rodney J. Muller, 42, of Irmo, turned himself in around 3 p.m. and was charged with third-degree criminal sexual conduct, Sheriff Leon Lott said. He was taken to Alvin S. Glenn Detention Center.
At a hearing Friday night, Judge Phil Newsom set a cash or surety bond of $25,000, which means Muller can post 10 percent of that and be released.
Muller would not give a statement and is not cooperating with investigators, Sheriff’s Department spokeswoman Sgt. Kim Myers said.
Third-degree criminal sexual conduct is the charge when a person “uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances,” such as a threat of violence, according to state law. It is punishable by up to 10 years in prison.
A victim’s advocate told the judge the woman had suffered injuries to her right arm and was treated at Palmetto Health Richland where she went after the assault.
The woman told hospital workers she had gone to Muller’s home Thursday afternoon to pick up her two children, authorities said. Muller’s wife runs a day care at their Chadford Road home.
When the woman arrived around 5 p.m., Muller’s wife and the children she cares for were not there. It is unclear where they went or why, authorities said.
Muller, who was off duty, was the only person home and is accused of grabbing the woman, taking off her clothes and sexually assaulting her, Lott said.
The children under his wife’s care were unharmed, Myers said.
According to authorities, the woman went to a hospital immediately after the assault. Hospital staff members contacted the Sheriff’s Department, prompting the investigation, Lott said.
The State newspaper generally does not identify victims of sexual assault.
Speaking at Muller’s bail hearing, the woman said she had recently moved to the area and was “just trying to get myself back on my feet.”
She said she was scared and requested a no-contact order against Muller, which the judge granted. Muller is not allowed to be within 100 yards of her.
Muller’s attorney, Byron E. Gipson, said at the hearing his client has told him he is not guilty.
Gipson said Muller, a father of five, had worked for the Department of Juvenile Justice for 19 years and has been married for nearly 20 years.
“He has a record of service to the community that is impeccable.”
Gipson said Muller was not a flight risk or a danger to the community, and requested a personal recognizance bond for his client, which would mean Muller wouldn’t have to put up any money.
Judge Newsom denied the request, noting the seriousness of the charges.
Lott said anyone who breaks the law is subject to prosecution and his officers are no exception.
“We are held to a higher standard,” Myers said.
Muller has been with the Sheriff’s Department since December 2007 and has no prior disciplinary history at the department, Myers said. He does not have an arrest record, according to the State Law Enforcement Division.
Muller is the third officer this year to be fired after allegations of wrongdoing.
In May, Deputy Jerry Thomas was charged with three counts of receiving bribes, accused of accepting $10,000 over a year and a half to be a lookout for gambling houses and helping them set up.
Last month, school resource officer Eric Allen Barber was charged with misconduct in office. School officials reported he inappropriately hugged girls at Dent Middle School.
The day-care license for Muller’s wife was renewed in September 2007 and expires this September, according to Department of Social Services records. The day care, which is licensed to care for no more than six children at a time, last was inspected in May.
It is not clear how long the woman’s children have attended day care at the home.
A Richland County sheriff’s deputy was fired and arrested Friday after a woman said he sexually assaulted her when she went to his home to pick up her children, authorities said.
Rodney J. Muller, 42, of Irmo, turned himself in around 3 p.m. and was charged with third-degree criminal sexual conduct, Sheriff Leon Lott said. He was taken to Alvin S. Glenn Detention Center.
At a hearing Friday night, Judge Phil Newsom set a cash or surety bond of $25,000, which means Muller can post 10 percent of that and be released.
Muller would not give a statement and is not cooperating with investigators, Sheriff’s Department spokeswoman Sgt. Kim Myers said.
Third-degree criminal sexual conduct is the charge when a person “uses force or coercion to accomplish the sexual battery in the absence of aggravating circumstances,” such as a threat of violence, according to state law. It is punishable by up to 10 years in prison.
A victim’s advocate told the judge the woman had suffered injuries to her right arm and was treated at Palmetto Health Richland where she went after the assault.
The woman told hospital workers she had gone to Muller’s home Thursday afternoon to pick up her two children, authorities said. Muller’s wife runs a day care at their Chadford Road home.
When the woman arrived around 5 p.m., Muller’s wife and the children she cares for were not there. It is unclear where they went or why, authorities said.
Muller, who was off duty, was the only person home and is accused of grabbing the woman, taking off her clothes and sexually assaulting her, Lott said.
The children under his wife’s care were unharmed, Myers said.
According to authorities, the woman went to a hospital immediately after the assault. Hospital staff members contacted the Sheriff’s Department, prompting the investigation, Lott said.
The State newspaper generally does not identify victims of sexual assault.
Speaking at Muller’s bail hearing, the woman said she had recently moved to the area and was “just trying to get myself back on my feet.”
She said she was scared and requested a no-contact order against Muller, which the judge granted. Muller is not allowed to be within 100 yards of her.
Muller’s attorney, Byron E. Gipson, said at the hearing his client has told him he is not guilty.
Gipson said Muller, a father of five, had worked for the Department of Juvenile Justice for 19 years and has been married for nearly 20 years.
“He has a record of service to the community that is impeccable.”
Gipson said Muller was not a flight risk or a danger to the community, and requested a personal recognizance bond for his client, which would mean Muller wouldn’t have to put up any money.
Judge Newsom denied the request, noting the seriousness of the charges.
Lott said anyone who breaks the law is subject to prosecution and his officers are no exception.
“We are held to a higher standard,” Myers said.
Muller has been with the Sheriff’s Department since December 2007 and has no prior disciplinary history at the department, Myers said. He does not have an arrest record, according to the State Law Enforcement Division.
Muller is the third officer this year to be fired after allegations of wrongdoing.
In May, Deputy Jerry Thomas was charged with three counts of receiving bribes, accused of accepting $10,000 over a year and a half to be a lookout for gambling houses and helping them set up.
Last month, school resource officer Eric Allen Barber was charged with misconduct in office. School officials reported he inappropriately hugged girls at Dent Middle School.
The day-care license for Muller’s wife was renewed in September 2007 and expires this September, according to Department of Social Services records. The day care, which is licensed to care for no more than six children at a time, last was inspected in May.
It is not clear how long the woman’s children have attended day care at the home.
Saturday, July 26, 2008
Officer Charged with Sexual Battery
CALDWELL
A Canyon County Grand Jury has indicted a Caldwell Police sergeant for sexual battery of a 17-year-old female.
The indictment against 38-year-old Dennis Paul Schat was handed down Wednesday.
Idaho State Police investigated the incident when it was disclosed in May 2008. Investigators say the sexual battery did not occur while Schat was on duty.
The case was turned over to the Ada County Prosecutor's Office due to a possible conflict of interest in Canyon County.
Schat was arrested Thursday and bond was set at $100,000. He was ordered to have no contact with the alleged victim or any other minors under 18.
"When state police detectives notified us of Dennis’ arrest we immediately telephoned all of the department employees," Caldwell Police Chief Chris Allgood wrote in a news release. "The employees took the news very hard and feel a mix of both sorrow and anger. We are still a small department and very much like a family; we have pretty much had the wind taken out of our sails."
Schat will be arraigned in Canyon County District Court at a later date.
Topeka Officer Charged in Off-duty Shooting
Jason M. Judd, one of four off-duty police officers who were at the scene in a southwest Topeka neighborhood when two brothers were shot early March 18, has been arrested on charges that he shot the men, District Attorney Robert Hecht confirmed at 5:28 p.m. today.
Judd is charged with two counts of aggravated battery, Shawnee County District Court records show.
Judd was accompanied by defense attorney Tom Lemon as he surrendered at Shawnee County Sheriff's Office headquarters, then was driven several blocks south to the Shawnee County Jail, where he was booked in.
Judd faces charges linked to the shootings of Daniel Llamas 27, and Devin Llamas, 18. The brothers required hospitalization for wounds suffered when they were shot during a confrontation with four off-duty Topeka police officers outside the Llamas home at 7418 S.W. 25th.
Judd will remain on paid administrative leave pending the criminal process, said Topeka police spokeswoman Kristi Pankratz. She said the officer is entitled to due process of the law, the same due process that all citizens are afforded.
Police said an internal investigation into the incident is now beginning.
The three other off-duty officers who were involved will remain on paid administrative leave at this time pending the completion of the district attorney’s review and an internal investigation. Their names haven't been released.
Pankratz said the department is unable to go into further details regarding the matter because it involves personnel.
Judd is charged with two counts of aggravated battery, Shawnee County District Court records show.
Judd was accompanied by defense attorney Tom Lemon as he surrendered at Shawnee County Sheriff's Office headquarters, then was driven several blocks south to the Shawnee County Jail, where he was booked in.
Judd faces charges linked to the shootings of Daniel Llamas 27, and Devin Llamas, 18. The brothers required hospitalization for wounds suffered when they were shot during a confrontation with four off-duty Topeka police officers outside the Llamas home at 7418 S.W. 25th.
Judd will remain on paid administrative leave pending the criminal process, said Topeka police spokeswoman Kristi Pankratz. She said the officer is entitled to due process of the law, the same due process that all citizens are afforded.
Police said an internal investigation into the incident is now beginning.
The three other off-duty officers who were involved will remain on paid administrative leave at this time pending the completion of the district attorney’s review and an internal investigation. Their names haven't been released.
Pankratz said the department is unable to go into further details regarding the matter because it involves personnel.
Officer Faces Charges of Sexual Exploitation of Child
DENVER
A Colorado State Patrol officer arrested Friday faces charges of sexual exploitation of a child and Internet luring of a child.
Fort Lupton police said they arrested Justin Tolman at his home in Colorado Springs. Inside Tolman’s home, investigators collected evidence in an Internet sting operation that began in early May.
A Fort Lupton police detective posed online as a 14-year-old girl and was sent sexually explicit photos of men and woman in sexual acts, allegedly by Tolman.
Tolman didn't hide he was a state trooper, said Fort Lupton Detective Crystal Schwartz.
"The first conversation he sent a picture," Schwartz said.
"The picture was of a male in a Colorado State Patrol uniform standing next to a Colorado State Patrol vehicle,” said Fort Lupton Chief of Police Ron Grannis.
"I asked if he was a cop and he said, 'guilty,'" Schwartz said.
Detectives said Tolman instant-messaged the undercover detective and made graphic sexual statements in reference to what would happen when they met.
Fort Lupton police contacted the Colorado State Patrol about their suspicions, and the patrol “cooperated on all levels with the investigation,” Grannis said.
“Our children are our most valuable resource. We must do all we can to protect them from predators. The Internet has unfortunately become the stalking grounds of sexual predators,” he said.
Tolman was booked into the Weld County Jail.
"He is on paid administrative leave pending the outcome of the investigation," Colorado State Patrol Sgt. John Hahn told 7NEWS reporter Lane Lyon Friday.
Hahn said Tolman passed an extensive background check at the time he was hired in July of 2007.
Tolman graduated from CSP's training program and was assigned to the State Patrol office in Colorado Springs in December of 2007, Hahn said.
Former Trooper Pleads Guilty, Avoids Trial
A former state trooper accused of rape will not have a trial or go to jail in Clinton County.
Court officials said Richard Keener pleaded guilty to misdemeanor charges just a day before he was trial was supposed to start.
Instead of sexual assault, Keener pleaded guilty to unlawful restraint and indecent assault.
A judge sentenced the former trooper to ten years probation and a $1,000 fine.
Police said keener raped a woman he met in a bar in Lock Haven.
Keener served as a state trooper in central Pennsylvania for 12 years.
Court officials said Richard Keener pleaded guilty to misdemeanor charges just a day before he was trial was supposed to start.
Instead of sexual assault, Keener pleaded guilty to unlawful restraint and indecent assault.
A judge sentenced the former trooper to ten years probation and a $1,000 fine.
Police said keener raped a woman he met in a bar in Lock Haven.
Keener served as a state trooper in central Pennsylvania for 12 years.
Officer Gonzalez Not Charged with Shooting Man but Still Faces Charges of Inappropriately Touching Minor
A Marion County grand jury found that the police officer shooting of Andrew Hanlon on June 30 was a lawful use of deadly physical force.
Hanlon, 20, was an Irish citizen, and his shooting sparked an international outcry against police violence. The grand jury reviewed diagrams, autopsy reports, witness testimony, audiotapes and videotapes before making the unanimous decision.
Members of his family and friends admitted that he may have been suffering from some type of mental problems.
The Marion County District Attorney's Office put out a lengthy press release in order to "combat the accusations of a conspiracy or a cover-up that have arisen in the last three and a half weeks."
They said the incident started when Shannon Kelley heard pounding on her front door at 11:20 p.m. and saw a man, later identified as Hanlon, acting strangely.
Kelley asked him to leave, but Hanlon demanded to enter. Hanlon, according to Kelley, said he had a sword and yelled phrases such as: "Thou shalt let met in!" Though Hanlon didn't have a sword, he gestured as if he had one.
Kelley, who phoned police, said Hanlon howled at the moon and at one point screamed that he was the "angel of death." Kelley said she and her parents visiting from Montana had to put their bodies against the door to stop Hanlon from breaking it down.
Officers later found blood, blood spatter and even skin tissue on the family's front door where Hanlon had tried to knock it down, according to the report.
After repeatedly hurling his body against the door, Hanlon ran barefoot toward Oak Street, where he would meet Silverton officer Tony Gonzalez.
Gonzalez told investigators he heard the sound of shattering glass and thought Hanlon might be armed with a broken bottle. Kemmy and Hanson noted that investigators think Hanlon merely bumped into a recycling bin.
Gonzalez said he ordered Hanlon to show his hands and get down on the ground. After repeating the command, Hanlon appeared ready to comply.
But then he leaped at the officer, kicking and screaming. Gonzalez backpedaled, but could never get more than 5 feet away and started firing.
Gonzalez's version of events was backed up by Jeff DeSantis of Silverton, who was driving along Oak Street and stopped his vehicle when he saw the patrol car.
Witnesses -- including Hanlon's sister, his roommate and his best friend -- were called to testify to his character to give a better picture of whom he was as a person, according to the release.
Four officers were also called as witnesses to testify about the scene of the shooting, the proper use of force and the shooting officer's condition after the incident.
Gonzalez still faces charges from a separate incident in Salem where he is accused of touching an underage girl inappropriately.
Hanlon, 20, was an Irish citizen, and his shooting sparked an international outcry against police violence. The grand jury reviewed diagrams, autopsy reports, witness testimony, audiotapes and videotapes before making the unanimous decision.
Members of his family and friends admitted that he may have been suffering from some type of mental problems.
The Marion County District Attorney's Office put out a lengthy press release in order to "combat the accusations of a conspiracy or a cover-up that have arisen in the last three and a half weeks."
They said the incident started when Shannon Kelley heard pounding on her front door at 11:20 p.m. and saw a man, later identified as Hanlon, acting strangely.
Kelley asked him to leave, but Hanlon demanded to enter. Hanlon, according to Kelley, said he had a sword and yelled phrases such as: "Thou shalt let met in!" Though Hanlon didn't have a sword, he gestured as if he had one.
Kelley, who phoned police, said Hanlon howled at the moon and at one point screamed that he was the "angel of death." Kelley said she and her parents visiting from Montana had to put their bodies against the door to stop Hanlon from breaking it down.
Officers later found blood, blood spatter and even skin tissue on the family's front door where Hanlon had tried to knock it down, according to the report.
After repeatedly hurling his body against the door, Hanlon ran barefoot toward Oak Street, where he would meet Silverton officer Tony Gonzalez.
Gonzalez told investigators he heard the sound of shattering glass and thought Hanlon might be armed with a broken bottle. Kemmy and Hanson noted that investigators think Hanlon merely bumped into a recycling bin.
Gonzalez said he ordered Hanlon to show his hands and get down on the ground. After repeating the command, Hanlon appeared ready to comply.
But then he leaped at the officer, kicking and screaming. Gonzalez backpedaled, but could never get more than 5 feet away and started firing.
Gonzalez's version of events was backed up by Jeff DeSantis of Silverton, who was driving along Oak Street and stopped his vehicle when he saw the patrol car.
Witnesses -- including Hanlon's sister, his roommate and his best friend -- were called to testify to his character to give a better picture of whom he was as a person, according to the release.
Four officers were also called as witnesses to testify about the scene of the shooting, the proper use of force and the shooting officer's condition after the incident.
Gonzalez still faces charges from a separate incident in Salem where he is accused of touching an underage girl inappropriately.
Officer Clay Adams Charged with Various Drug Charges Remains in Jail
Master Police Officer Clay Adams was arrested and charged with various drug and weapons charges during a joint operation conducted by the The Bureau of Alcohol and Firearms and the Florida Department of Law Enforcement.
A U.S. magistrate today ordered an Altamonte Springs police officer to remain in jail while authorities continue to investigate drug and weapons charges against him.
Clay Adams, 36, of Altamonte Springs, is accused of operating marijuana-grow houses. He was arrested earlier this week. According to charging documents, Adams operated two grow houses and transported the drugs, keeping his police credentials ready should he be challenged.
He also gave a police informant the identifications of Seminole County drug agents.
Adams said little at today's hearing. Adams' attorney on Tuesday asked for a detention hearing, which prompted today's hearing. However the attorney today waived his right to the hearing, and U.S. Magistrate David Baker ordered Adams to remain in custody.
Adams was suspended by the Altamonte Springs police department immediately after his arrest. His wife, Robyn Adams, 32, was arrested on similar charges on Monday night.
A U.S. magistrate today ordered an Altamonte Springs police officer to remain in jail while authorities continue to investigate drug and weapons charges against him.
Clay Adams, 36, of Altamonte Springs, is accused of operating marijuana-grow houses. He was arrested earlier this week. According to charging documents, Adams operated two grow houses and transported the drugs, keeping his police credentials ready should he be challenged.
He also gave a police informant the identifications of Seminole County drug agents.
Adams said little at today's hearing. Adams' attorney on Tuesday asked for a detention hearing, which prompted today's hearing. However the attorney today waived his right to the hearing, and U.S. Magistrate David Baker ordered Adams to remain in custody.
Adams was suspended by the Altamonte Springs police department immediately after his arrest. His wife, Robyn Adams, 32, was arrested on similar charges on Monday night.
Trial Starts for Trooper Steven Garren Who Hit Suspect with his Patrol Car
The South Carolina trooper whose dash camera showed him in his patrol car hitting a fleeing suspect was in federal court Friday. Trooper Steven Garren has been suspended from the Highway Patrol, after a federal grand jury indicted him on a charge of violating the suspect’s civil rights by using excessive force. The incident happened in Greenwood in June of 2007.
The court hearing was to handle defense motions and to set a trial date. Chief U.S. District Judge David Norton decided that the trial will be held in Greenville either September 29th or October 6th, depending on when defense lawyers get the evidence they’re requesting. They want the dashcam videos from other troopers and Greenwood County deputies who were part of the chase.
Troopers and deputies had been chasing the driver when he stopped his car, jumped out and started running. In Garren’s dashboard camera video, you can see the man running down the street then cross in front of Garren. Garren hits the man, who tumbles over the hood and off to the passenger side of Garren’s car. The man continued to run and was not caught. He later came forward after the videotape was released as part of an overall investigation into accusations of trooper misconduct.
After the incident, Garren can be heard on tape talking to other officers. “He went flying up in the air,” Garren says. “You hit him?” another officer asks. Garren replies, “Yeah, I hit him. I was trying to hit him.”
The Highway Patrol had turned over the case to 8th Circuit Solicitor Jerry Peace after it happened. Peace did not file charges, determining that Garren did not intend to hit the man and that the talk afterward was just Garren trying to act macho in front of other officers.
After the court hearing Friday, one of Garren’s lawyers, John O’Leary of Columbia, said that will be Garren’s defense at trial. “The argument’s pretty obvious. He didn’t do it. There’s no way it could’ve been avoided,” O’Leary says of the collision.
U.S. Attorney for South Carolina Walt Wilkins said, “I have no comment on the defense position. We...this case was indicted by a grand jury, and we’re ready for a jury to make the final decision.”
Friday, July 25, 2008
Probation Officer Daniel Hendrickson Accused of Touching Woman
GRAND RAPIDS TOWNSHIP
A Kent County probation officer accused of inappropriately touching a woman in his office appeared before a judge Wednesday, in the same 63rd District Court building where he has worked for the past three years.
Daniel Neland Hendrickson, 35, is charged with second-degree criminal sexual conduct with a prisoner or probationer, court records show. If convicted, he faces up to 15 years in prison.
Hendrickson remains free on a $25,000 bond. His preliminary hearing is slated for Aug. 13.
Authorities say he inappropriately touched a 24-year-old woman in his office in the court building, at 644 Kenmoor Ave. SE. The victim had to appear before Hendrickson monthly because of a drunken-driving offense.
The complaint alleges Hendrickson acted inappropriately between Feb. 1 and April 30.
Kent County Prosecutor William Forsyth declined to go into detail about the allegation, but said the alleged victim did not immediately report the incident to police.
"She told somebody, who told somebody, who told somebody here, which started the investigation," Forsyth said.
That investigation led to Hendrickson losing his job last week, and to Wednesday's arraignment.
He appeared before Allegan District Court Judge Joseph Skocelas, who stepped in for 63rd District Judge Sara Smolenski.
Before working in that court, Hendrickson worked in the Kent County Prosecutor's Family Law Division and in 61st District Court in Grand Rapids.
Calls to Hendrickson's home and to his lawyer, Daniel Elwe, went unanswered.
A Kent County probation officer accused of inappropriately touching a woman in his office appeared before a judge Wednesday, in the same 63rd District Court building where he has worked for the past three years.
Daniel Neland Hendrickson, 35, is charged with second-degree criminal sexual conduct with a prisoner or probationer, court records show. If convicted, he faces up to 15 years in prison.
Hendrickson remains free on a $25,000 bond. His preliminary hearing is slated for Aug. 13.
Authorities say he inappropriately touched a 24-year-old woman in his office in the court building, at 644 Kenmoor Ave. SE. The victim had to appear before Hendrickson monthly because of a drunken-driving offense.
The complaint alleges Hendrickson acted inappropriately between Feb. 1 and April 30.
Kent County Prosecutor William Forsyth declined to go into detail about the allegation, but said the alleged victim did not immediately report the incident to police.
"She told somebody, who told somebody, who told somebody here, which started the investigation," Forsyth said.
That investigation led to Hendrickson losing his job last week, and to Wednesday's arraignment.
He appeared before Allegan District Court Judge Joseph Skocelas, who stepped in for 63rd District Judge Sara Smolenski.
Before working in that court, Hendrickson worked in the Kent County Prosecutor's Family Law Division and in 61st District Court in Grand Rapids.
Calls to Hendrickson's home and to his lawyer, Daniel Elwe, went unanswered.
Officer Pours Hot Water on Inmate
A federal grand jury in Jacksonville has indicted a state corrections sergeant on a civil rights violation stemming from an August 2005 assault on a suicidal inmate in Raiford, state and federal records show.
Paul Gregory Tillis, 43, was charged with violating the civil rights of the inmate at Florida State Prison by pouring hot water on him as he laid on a floor with a sheet tied around his neck, records show. The inmate, identified in records only by his initials, suffered second-degree burns to his upper torso and shoulder.
The indictment was handed up Wednesday. Authorities did not say if Tillis had been jailed.
The case was initially investigated by the Florida Department of Corrections Inspector General’s Office and turned over to the Jacksonville office of the FBI as a civil rights violation.
State records show that Tillis became a corrections officer in July 2001 at Florida State Prison in Bradford County. He was promoted to sergeant in July 2005 and resigned from his $38,000 a year job in April 2008, records show.
Tillis, who appealed his dismissal, worked out a settlement agreement with the state in which his dismissal letter was rescinded and he resigned. That also released the state from any liability in its action against him, records show.
Paul Gregory Tillis, 43, was charged with violating the civil rights of the inmate at Florida State Prison by pouring hot water on him as he laid on a floor with a sheet tied around his neck, records show. The inmate, identified in records only by his initials, suffered second-degree burns to his upper torso and shoulder.
The indictment was handed up Wednesday. Authorities did not say if Tillis had been jailed.
The case was initially investigated by the Florida Department of Corrections Inspector General’s Office and turned over to the Jacksonville office of the FBI as a civil rights violation.
State records show that Tillis became a corrections officer in July 2001 at Florida State Prison in Bradford County. He was promoted to sergeant in July 2005 and resigned from his $38,000 a year job in April 2008, records show.
Tillis, who appealed his dismissal, worked out a settlement agreement with the state in which his dismissal letter was rescinded and he resigned. That also released the state from any liability in its action against him, records show.
Officer Jason Barber Free Again on Bond
INDIANAPOLIS
A Metro police officer arrested, released on bond and then arrested again for violating his bond is out of jail once again.
Jason Barber, 32 -- charged with selling a gun to a known felon -- had his bond revoked earlier this month after he sent text messages from his personal cell phone to several officers asking that they pray for him, court documents show.
One of the conditions of his original $5,000 bond was that Barber would immediately sever all ties with officers from IMPD.
Thursday, Judge William Young said Barber had violated the spirit of his order, but not in an effort get information about his case, so he granted him bond once again.
The 8-year veteran officer was suspended with pay and recommended for termination from the department.
He faces up to an 8-year prison sentence if convicted of selling the gun to the felon.
Barber's trial is set to begin in September.
A Metro police officer arrested, released on bond and then arrested again for violating his bond is out of jail once again.
Jason Barber, 32 -- charged with selling a gun to a known felon -- had his bond revoked earlier this month after he sent text messages from his personal cell phone to several officers asking that they pray for him, court documents show.
One of the conditions of his original $5,000 bond was that Barber would immediately sever all ties with officers from IMPD.
Thursday, Judge William Young said Barber had violated the spirit of his order, but not in an effort get information about his case, so he granted him bond once again.
The 8-year veteran officer was suspended with pay and recommended for termination from the department.
He faces up to an 8-year prison sentence if convicted of selling the gun to the felon.
Barber's trial is set to begin in September.
Officer Charged with Sharing Classified Files
A Hayward police officer on military leave is one of two Marine Corps reservists charged with sharing classified files in a terrorist probe without authorization, authorities said Wednesday.
Master Sgt. Reinaldo Pagan, 42, was charged by military officials in connection with an investigation into the "mishandling and compromise of classified information," said Maj. Jason Johnston, a Marine Corps spokesman.
Pagan has been a Hayward police officer for nine years and most recently worked in patrol. He is on military leave from the department.
Johnston declined to elaborate on the allegations, but according to media reports in San Diego, Pagan and Gunnery Sgt. Eric Froboese allegedly shared classified files from Camp Pendleton (San Diego County) with an anti-terrorism group of law-enforcement agencies in Los Angeles County.
The San Diego Union-Tribune reported earlier this year that Marines at Camp Pendleton had stolen FBI surveillance files on Muslim religious sites in Los Angeles and the Islamic Center of San Diego. It is unclear how the Marines would have had access to the files.
Pagan was charged with dereliction of duty and orders violations. Froboese was charged with dereliction of duty, orders violations, conspiracy and wrongful transmission of classified information.
Neither reservist was available for comment, Johnston said.
Interim Hayward Police Chief Ron Ace said Wednesday that the department would take no action until after the military investigation was completed.
Master Sgt. Reinaldo Pagan, 42, was charged by military officials in connection with an investigation into the "mishandling and compromise of classified information," said Maj. Jason Johnston, a Marine Corps spokesman.
Pagan has been a Hayward police officer for nine years and most recently worked in patrol. He is on military leave from the department.
Johnston declined to elaborate on the allegations, but according to media reports in San Diego, Pagan and Gunnery Sgt. Eric Froboese allegedly shared classified files from Camp Pendleton (San Diego County) with an anti-terrorism group of law-enforcement agencies in Los Angeles County.
The San Diego Union-Tribune reported earlier this year that Marines at Camp Pendleton had stolen FBI surveillance files on Muslim religious sites in Los Angeles and the Islamic Center of San Diego. It is unclear how the Marines would have had access to the files.
Pagan was charged with dereliction of duty and orders violations. Froboese was charged with dereliction of duty, orders violations, conspiracy and wrongful transmission of classified information.
Neither reservist was available for comment, Johnston said.
Interim Hayward Police Chief Ron Ace said Wednesday that the department would take no action until after the military investigation was completed.
Officer Charles Weigold Jr Charged with Stalking
A Bethlehem police officer, after being released from an area hospital, was arrested Wednesday on charges stemming from a conflict earlier in the week with wife.
Charles W. Weigold Jr., 49, of Danielsville, is charged with stalking, harassment and terroristic threats and is free after posting $10,000 bail set by District Judge Michael J. Koury Jr. of Wilson.
Weigold's status with the Bethlehem Police Department could not be verified Wednesday.
At his arraignment Wednesday, Weigold told Koury his position with the department where he has worked for six years was ''questionable.'' Weigold also said he had voluntarily committed himself the previous night to Lehigh Valley Hospital-Muhlenberg.
On Tuesday in Northampton County Court, Weigold and his wife, Donna, 47, who lists her address as ''confidential'' in court records, got temporary protection-from-abuse orders against one another.
She says Monday her husband jammed a clip into his handgun and told her a ''blood bath'' was imminent; he says she sprayed him in the face with bleach during another argument.
She also filed a court petition Tuesday, claiming her husband called her son numerous times in an attempt to get her to drop the protection order. That led to his arrest Wednesday on the harassment charges.
At the arraignment, Weigold used $10,000 in cash that he withdrew from an account in his and his wife's names, which sparked a heated exchange between Assistant District Attorney Jacqueline Taschner and defense attorney Bohdan Zelechiwsky of Bethlehem while Koury was out of the courtroom.
Taschner said Weigold withdrew the cash Monday and argued it was part of a pattern of ''harassment'' against his wife. Koury disagreed and permitted Weigold to use it to stay out of prison. Koury also ordered Weigold not to have any contact with his wife and required him to wear an electronic GPS monitor.
Before the arraignment began, Weigold chatted with a county detective about the Sept. 11 terrorist attack on the World Trade Center and showed reporters a large tattoo of the twin towers on his leg.
Weigold told Koury he had been a sergeant in the New York City Police Department, where he served 20 years.
Zelechiwsky said Weigold never had any trouble with the law before and had now found himself in an ''unfortunate situation'' that was ''totally out of character.''
Taschner said events in the Weigold household have been escalating and repeatedly described Weigold as a manipulative person who ''thinks he is smarter than everyone else.''
Charles W. Weigold Jr., 49, of Danielsville, is charged with stalking, harassment and terroristic threats and is free after posting $10,000 bail set by District Judge Michael J. Koury Jr. of Wilson.
Weigold's status with the Bethlehem Police Department could not be verified Wednesday.
At his arraignment Wednesday, Weigold told Koury his position with the department where he has worked for six years was ''questionable.'' Weigold also said he had voluntarily committed himself the previous night to Lehigh Valley Hospital-Muhlenberg.
On Tuesday in Northampton County Court, Weigold and his wife, Donna, 47, who lists her address as ''confidential'' in court records, got temporary protection-from-abuse orders against one another.
She says Monday her husband jammed a clip into his handgun and told her a ''blood bath'' was imminent; he says she sprayed him in the face with bleach during another argument.
She also filed a court petition Tuesday, claiming her husband called her son numerous times in an attempt to get her to drop the protection order. That led to his arrest Wednesday on the harassment charges.
At the arraignment, Weigold used $10,000 in cash that he withdrew from an account in his and his wife's names, which sparked a heated exchange between Assistant District Attorney Jacqueline Taschner and defense attorney Bohdan Zelechiwsky of Bethlehem while Koury was out of the courtroom.
Taschner said Weigold withdrew the cash Monday and argued it was part of a pattern of ''harassment'' against his wife. Koury disagreed and permitted Weigold to use it to stay out of prison. Koury also ordered Weigold not to have any contact with his wife and required him to wear an electronic GPS monitor.
Before the arraignment began, Weigold chatted with a county detective about the Sept. 11 terrorist attack on the World Trade Center and showed reporters a large tattoo of the twin towers on his leg.
Weigold told Koury he had been a sergeant in the New York City Police Department, where he served 20 years.
Zelechiwsky said Weigold never had any trouble with the law before and had now found himself in an ''unfortunate situation'' that was ''totally out of character.''
Taschner said events in the Weigold household have been escalating and repeatedly described Weigold as a manipulative person who ''thinks he is smarter than everyone else.''
Officer and Wife Held in Federal Custody
WINTER PARK, Fla.
A press conference was held Tuesday afternoon regarding the arrest of an Altamonte Springs police officer.
Officer Clay Adams and his wife were arrested by federal agents with the Drug Enforcement Administration and the Bureau of Alcohol Tobacco and Firearms Monday night on drugs and weapons charges.
Adams was arrested when he arrived to work for his shift Monday night.
Assistant U.S. Attorney Rob Bodnar said most of the evidence in this case comes from audio and videotapes revealing conversations with Adams as he attempted to recruit a confidential government informant into an operation to grow and sell marijuana.
"Well it is very troubling, but right now the case is in a complaint stage, we anticipate going before the grand jury in the near future," Bodnar said.
The 36-year-old officer served for nine years in Altamonte Springs and was promoted three times, but was suspended after his arrest.
His wife is accused of ordering marijuana seeds from the Netherlands using her home computer.
The arrest affidavit reported that Adams and his wife ran a marijuana grow house, supplying distributors in Tallahassee and are also accused of dealing in illicit prescription drugs.
Adams is also accused of possession of weapons and explosives.
"To be very honest, I’m extremely disappointed in this whole situation. I’m very upset and we work very, very hard to try to build a reputation in the community, only to have it brought down by the careless actions of Officer Adams is inexcusable," Altamonte Springs Chief Robert Merchant said.
The Altamonte Springs Chief of Police and the Seminole County Sheriff also attended the conference.
The affidavit reported Adams threatened to kill a Seminole County deputy who filed a complaint of poor performance that resulted in Adams' termination from a Seminole County drug task force.
It was reported that Adams told the police informant that after the situation calmed down, he would "take the supervisor out, using a high-powered rifle and a silencer."
"Threats have been made by both of the defendants in this case, regarding the safety of a confidential informant and others involved in the investigation," Bodnar said.
It was also reported that Adams provided weapons to the police informant who was also a convicted felon and gave that informant information about the names, vehicles and techniques of undercover drug agents.
"I think the public should have trust in the fact that law enforcement has done the right thing here and caught someone that we believe is involved in a criminal enterprise, we still have to prove it of course, but they’ve done their best to remove someone who is a threat to the community off the street," Bodnar said.
Altamonte Springs Chief released Adam’s personnel record showing that while no formal punishments were issued, there were several accounts of citizen complaints stating Adams was rude and disrespectful.
Adams and his wife will remain in federal custody in jail until Friday at the least. Friday is when both the officer and his wife have another court hearing at the Federal Court House to argue for their release.
Altamonte police will investigate all cases involving Adams in the nine years he served on the Altamonte police force to ensure no cases were compromised.
A press conference was held Tuesday afternoon regarding the arrest of an Altamonte Springs police officer.
Officer Clay Adams and his wife were arrested by federal agents with the Drug Enforcement Administration and the Bureau of Alcohol Tobacco and Firearms Monday night on drugs and weapons charges.
Adams was arrested when he arrived to work for his shift Monday night.
Assistant U.S. Attorney Rob Bodnar said most of the evidence in this case comes from audio and videotapes revealing conversations with Adams as he attempted to recruit a confidential government informant into an operation to grow and sell marijuana.
"Well it is very troubling, but right now the case is in a complaint stage, we anticipate going before the grand jury in the near future," Bodnar said.
The 36-year-old officer served for nine years in Altamonte Springs and was promoted three times, but was suspended after his arrest.
His wife is accused of ordering marijuana seeds from the Netherlands using her home computer.
The arrest affidavit reported that Adams and his wife ran a marijuana grow house, supplying distributors in Tallahassee and are also accused of dealing in illicit prescription drugs.
Adams is also accused of possession of weapons and explosives.
"To be very honest, I’m extremely disappointed in this whole situation. I’m very upset and we work very, very hard to try to build a reputation in the community, only to have it brought down by the careless actions of Officer Adams is inexcusable," Altamonte Springs Chief Robert Merchant said.
The Altamonte Springs Chief of Police and the Seminole County Sheriff also attended the conference.
The affidavit reported Adams threatened to kill a Seminole County deputy who filed a complaint of poor performance that resulted in Adams' termination from a Seminole County drug task force.
It was reported that Adams told the police informant that after the situation calmed down, he would "take the supervisor out, using a high-powered rifle and a silencer."
"Threats have been made by both of the defendants in this case, regarding the safety of a confidential informant and others involved in the investigation," Bodnar said.
It was also reported that Adams provided weapons to the police informant who was also a convicted felon and gave that informant information about the names, vehicles and techniques of undercover drug agents.
"I think the public should have trust in the fact that law enforcement has done the right thing here and caught someone that we believe is involved in a criminal enterprise, we still have to prove it of course, but they’ve done their best to remove someone who is a threat to the community off the street," Bodnar said.
Altamonte Springs Chief released Adam’s personnel record showing that while no formal punishments were issued, there were several accounts of citizen complaints stating Adams was rude and disrespectful.
Adams and his wife will remain in federal custody in jail until Friday at the least. Friday is when both the officer and his wife have another court hearing at the Federal Court House to argue for their release.
Altamonte police will investigate all cases involving Adams in the nine years he served on the Altamonte police force to ensure no cases were compromised.
Chicago Officer Accused of Shaking Down Tow Operators
CHICAGO
A police officer was arrested Wednesday on federal charges of shaking down tow truck operators for payoffs of up to $400 per vehicle in exchange for steering towing business to them.
Michael Ciancio, 56, was arrested at his home without incident as part of an FBI undercover investigation of allegations that Chicago police have been getting payoffs in exchange for such referrals.
Ciancio was accused in a criminal complaint of getting repairs to his personal car as well as cash in exchange for steering the towing business to companies that paid him.
Ciancio appeared briefly before U.S. Magistrate Judge Michael Mason on Wednesday and was released on his own recognizance. Defense attorney James E. Thompson declined to comment on the case.
The FBI, which conducted the investigation with Chicago police, said the 21-year veteran of the force had been relieved of his police powers and is no longer on active patrol.
An FBI affidavit filed with the complaint said Ciancio got payments between $40 and $400 for each vehicle towed. It said the FBI received information as early as five years ago that police were demanding such payments of towing operators, the affidavit said.
It said a recording was made in June 2007 by a tow truck operator cooperating with the FBI as Ciancio chased him away from one towing job he had reserved for a favorite truck operator.
"Drop it, drop it and get out of here, you don't belong here, get out," the affidavit quoted Ciancio as saying. It quoted him as threatening to have the trucker "locked up for soliciting" if he didn't leave.
It also said agents made an audio recording in which Ciancio took a payoff from another cooperating witness and described it as "beautiful."
A police officer was arrested Wednesday on federal charges of shaking down tow truck operators for payoffs of up to $400 per vehicle in exchange for steering towing business to them.
Michael Ciancio, 56, was arrested at his home without incident as part of an FBI undercover investigation of allegations that Chicago police have been getting payoffs in exchange for such referrals.
Ciancio was accused in a criminal complaint of getting repairs to his personal car as well as cash in exchange for steering the towing business to companies that paid him.
Ciancio appeared briefly before U.S. Magistrate Judge Michael Mason on Wednesday and was released on his own recognizance. Defense attorney James E. Thompson declined to comment on the case.
The FBI, which conducted the investigation with Chicago police, said the 21-year veteran of the force had been relieved of his police powers and is no longer on active patrol.
An FBI affidavit filed with the complaint said Ciancio got payments between $40 and $400 for each vehicle towed. It said the FBI received information as early as five years ago that police were demanding such payments of towing operators, the affidavit said.
It said a recording was made in June 2007 by a tow truck operator cooperating with the FBI as Ciancio chased him away from one towing job he had reserved for a favorite truck operator.
"Drop it, drop it and get out of here, you don't belong here, get out," the affidavit quoted Ciancio as saying. It quoted him as threatening to have the trucker "locked up for soliciting" if he didn't leave.
It also said agents made an audio recording in which Ciancio took a payoff from another cooperating witness and described it as "beautiful."
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