NEW YORK
A former New York City police officer has been indicted on charges of raping a woman in a hotel bathroom.
Prosecutors say 28-year-old Kevin Johnson was a police officer in April when he met a group of women at a Manhattan bar. They say although he was off duty he told the women he was an officer and one of them invited him back to their hotel room.
Johnson is accused of sexually assaulting another woman as she slept in the bathroom of the hotel room.
Johnson is charged with rape and sexual abuse. He faces up to 25 years in prison if convicted of the more serious rape charge. He resigned in June.
Defense attorney Stuart London says Johnson "vehemently denies the charges and looks forward to being vindicated at trial."
Friday, September 12, 2008
Officer Tony Smith Fired for Insubordination
Austin Police Chief Art Acevedo today fired a police officer for insubordination after he said the officer posted a blog entry that his superiors concluded was meant to undermine the chief’s authority, according to a disciplinary memo.
According to the memo, officer Tony Smith posted an article from the blog on a bulletin board regarding a sexual harassment claim against Acevedo when he worked with the California Highway patrol. The memo alleges that Smith circulated the printout in protest of the firing of Sgt. Dustin Lee.
Lee was fired in June after he was accused of repeatedly sexually harassing a police employee and lying about it to internal affairs investigators.
According to the memo, Smith said during a dismissal hearing that he, “posted the blog because it was interesting and denied any intent to criticize, ridicule, or undermine,” Acevedo.
His chain of command disagreed, according to the memo, and concluded that Smith intended to undermine the chief’s authority.
Acevedo said in the memo that he recused himself from the review hearing because the incident involved himself. He left it up to Smith’s chain of command to recommend an appropriate discipline.
Smith has worked for the department since 2003, and has been disciplined several times, the memo said.
In 2005, he was suspended for 60 days after he was accused of refusing to end a relationship with a methamphetamine user and misusing city equipment to check the woman for warrants at her request, according to the memo. He was also accused of failing to take police action when he believed the woman was purchasing drugs, the memo said.
Several years ago, Acevedo, then a chief with the California highway patrol, was sued along with the highway patrol by a female employee whom Acevedo had dated a decade earlier. She said in the lawsuit that he had taken nude photos of her and shown them to other agency officials.
The lawsuit was dismissed, except for one allegation that Acevedo said was unrelated to his work and was settled. Acevedo said terms of the settlement prevent him from discussing the matter, and the case has been sealed by a judge.
http://www.txcn.com/sharedcontent/dws/txcn/austin/stories/091008kvue_APD_officer_fired-cb.63390686.html
According to the memo, officer Tony Smith posted an article from the blog on a bulletin board regarding a sexual harassment claim against Acevedo when he worked with the California Highway patrol. The memo alleges that Smith circulated the printout in protest of the firing of Sgt. Dustin Lee.
Lee was fired in June after he was accused of repeatedly sexually harassing a police employee and lying about it to internal affairs investigators.
According to the memo, Smith said during a dismissal hearing that he, “posted the blog because it was interesting and denied any intent to criticize, ridicule, or undermine,” Acevedo.
His chain of command disagreed, according to the memo, and concluded that Smith intended to undermine the chief’s authority.
Acevedo said in the memo that he recused himself from the review hearing because the incident involved himself. He left it up to Smith’s chain of command to recommend an appropriate discipline.
Smith has worked for the department since 2003, and has been disciplined several times, the memo said.
In 2005, he was suspended for 60 days after he was accused of refusing to end a relationship with a methamphetamine user and misusing city equipment to check the woman for warrants at her request, according to the memo. He was also accused of failing to take police action when he believed the woman was purchasing drugs, the memo said.
Several years ago, Acevedo, then a chief with the California highway patrol, was sued along with the highway patrol by a female employee whom Acevedo had dated a decade earlier. She said in the lawsuit that he had taken nude photos of her and shown them to other agency officials.
The lawsuit was dismissed, except for one allegation that Acevedo said was unrelated to his work and was settled. Acevedo said terms of the settlement prevent him from discussing the matter, and the case has been sealed by a judge.
http://www.txcn.com/sharedcontent/dws/txcn/austin/stories/091008kvue_APD_officer_fired-cb.63390686.html
Fire Chief Facing Charges of Rape Resigns
Boston Deputy Fire Chief Peter Pearson, facing charges of rape and attempted rape, resigned yesterday and is seeking a pension that could pay him more than $75,000 a year.
Based on calculations of age, years of service, military history, and his three highest paid consecutive years of service, Pearson could receive at least $76,874 a year and as much as $91,459.
Pearson's attorney, Kevin J. Reddington of Brockton, said his client, a 23-year Fire Department member, had no choice but to resign and apply for his pension after receiving notice from the fire administration that his job was in jeopardy. Under the notice, which he received last week, he had 14 days to return to work or he could be fired.
"It appears what Peter has to do to protect his family and his loved ones is to submit the paperwork he did," Reddington said. "He's got many, many years of distinguished service, and he's entitled to retirement."
Pearson was arrested on Aug. 18 after a prostitute in Brockton alleged that he raped her weeks earlier while posing as a State Police officer and showing a gun. He was initially released on $50,000 cash bail.
Within a week, five other women made allegations that he raped or tried to rape them. In all, four of them said he showed a gun. Pearson has since been held under the state's dangerousness statute.
Pearson has been in jail since Aug. 22. He applied for a four-month leave of absence, but Fire Commissioner Roderick Fraser rejected the request.
Reddington said Pearson will contest the charges and is appealing his detention. But, he said, Pearson needed to resign and seek his pension once he received the letter.
Retirement pensions are calculated on a complex formula based on age, years of service, history in the military, and the three highest paid consecutive years of service. According to city records, Pearson received an average of $158,539 over the last three years.
The state Board of Retirement calculations said Pearson, 51, is eligible to receive at least $76,874 a year if he retires immediately.
An alternative is to collect a pension at a later time. If he chooses to collect a pension at age 65, he could receive more than $91,459 a year.
City retirement officials have said that employees convicted of criminal charges can have their pensions revoked if their employer petitions the Boston Retirement Board. The officials have said it is very unusual for the board to revoke pensions. It was not clear whether the crime has to be related to job duty.
Individuals who face losing their pensions do have the opportunity to appear before the retirement board and make a case for keeping their retirement benefits.
Steve MacDonald, a spokesman for the Fire Department, said he could not comment on Pearson's salary, saying the issue will go before the city Retirement Board, which must approve city employee retirements.
http://www3.whdh.com/news/articles/local/BO87698/
Based on calculations of age, years of service, military history, and his three highest paid consecutive years of service, Pearson could receive at least $76,874 a year and as much as $91,459.
Pearson's attorney, Kevin J. Reddington of Brockton, said his client, a 23-year Fire Department member, had no choice but to resign and apply for his pension after receiving notice from the fire administration that his job was in jeopardy. Under the notice, which he received last week, he had 14 days to return to work or he could be fired.
"It appears what Peter has to do to protect his family and his loved ones is to submit the paperwork he did," Reddington said. "He's got many, many years of distinguished service, and he's entitled to retirement."
Pearson was arrested on Aug. 18 after a prostitute in Brockton alleged that he raped her weeks earlier while posing as a State Police officer and showing a gun. He was initially released on $50,000 cash bail.
Within a week, five other women made allegations that he raped or tried to rape them. In all, four of them said he showed a gun. Pearson has since been held under the state's dangerousness statute.
Pearson has been in jail since Aug. 22. He applied for a four-month leave of absence, but Fire Commissioner Roderick Fraser rejected the request.
Reddington said Pearson will contest the charges and is appealing his detention. But, he said, Pearson needed to resign and seek his pension once he received the letter.
Retirement pensions are calculated on a complex formula based on age, years of service, history in the military, and the three highest paid consecutive years of service. According to city records, Pearson received an average of $158,539 over the last three years.
The state Board of Retirement calculations said Pearson, 51, is eligible to receive at least $76,874 a year if he retires immediately.
An alternative is to collect a pension at a later time. If he chooses to collect a pension at age 65, he could receive more than $91,459 a year.
City retirement officials have said that employees convicted of criminal charges can have their pensions revoked if their employer petitions the Boston Retirement Board. The officials have said it is very unusual for the board to revoke pensions. It was not clear whether the crime has to be related to job duty.
Individuals who face losing their pensions do have the opportunity to appear before the retirement board and make a case for keeping their retirement benefits.
Steve MacDonald, a spokesman for the Fire Department, said he could not comment on Pearson's salary, saying the issue will go before the city Retirement Board, which must approve city employee retirements.
http://www3.whdh.com/news/articles/local/BO87698/
Thursday, September 11, 2008
Deputy Jeffery Nation Arrested for Assaulting Teen
AIKEN, S.C.
Authorities say a former Aiken County Sheriff’s deputy is charged with assaulting an 18-year-old he was arresting.
The Aiken County Sheriff’s Office said 40-year-old Jeffrey Nation of Aiken was arrested Tuesday, two days after he hit a New Ellenton teenager. Nation was charged with assault and battery and misconduct in office.
Sheriff’s spokesman Lt. Michael Frank said Nation was no longer an officer as of Tuesday morning.
Assault charges against the teen were dismissed. A statement from the sheriff’s office said Nation falsely accused the teen of trying to head-butt him.
Sheriff Michael Hunt said he asked the South Carolina Law Enforcement to investigate, and he apologized to the teen for unacceptable behavior by an officer.
Authorities say a former Aiken County Sheriff’s deputy is charged with assaulting an 18-year-old he was arresting.
The Aiken County Sheriff’s Office said 40-year-old Jeffrey Nation of Aiken was arrested Tuesday, two days after he hit a New Ellenton teenager. Nation was charged with assault and battery and misconduct in office.
Sheriff’s spokesman Lt. Michael Frank said Nation was no longer an officer as of Tuesday morning.
Assault charges against the teen were dismissed. A statement from the sheriff’s office said Nation falsely accused the teen of trying to head-butt him.
Sheriff Michael Hunt said he asked the South Carolina Law Enforcement to investigate, and he apologized to the teen for unacceptable behavior by an officer.
Officer Kevin Kovalovsky Request Denied
A former Freemansburg police officer charged with drunken driving faces a preliminary hearing again after his request for a first-time offender program was denied.
Kevin Kovalovsky, 32, was a full-time police officer when he was charged in December with two counts of drunken driving while off-duty. State police found Kovalovsky in his car along Route 33 in Bushkill Township and said his blood-alcohol content was more than three times the legal limit for driving of .08 percent.
Kovalovsky had waived his right to a preliminary hearing so he could be considered for the county's Accelerated Rehabilitative Disposition program for first-time offenders. But Kovalovsky has been rejected for the program, said Northampton County Assistant District Attorney Bill Blake.
Kovalovsky asked the court to send the drunken driving charges back to a district judge and the request was granted Tuesday by Northampton County Judge F.P. Kimberly McFadden.
No new date has been set for the preliminary hearing, Blake said.
Last month, Kovalovsky was fired from the Freemansburg Police Department. Kovalovsky had served with the department since 1997.
In March, Kovalovsky was charged with public drunkenness by his own department in the early morning after St. Patrick's Day. That charge was later dismissed.
http://www.lehighvalleylive.com/bethlehem/index.ssf?/base/news-0/122101956449010.xml&coll=3
Kevin Kovalovsky, 32, was a full-time police officer when he was charged in December with two counts of drunken driving while off-duty. State police found Kovalovsky in his car along Route 33 in Bushkill Township and said his blood-alcohol content was more than three times the legal limit for driving of .08 percent.
Kovalovsky had waived his right to a preliminary hearing so he could be considered for the county's Accelerated Rehabilitative Disposition program for first-time offenders. But Kovalovsky has been rejected for the program, said Northampton County Assistant District Attorney Bill Blake.
Kovalovsky asked the court to send the drunken driving charges back to a district judge and the request was granted Tuesday by Northampton County Judge F.P. Kimberly McFadden.
No new date has been set for the preliminary hearing, Blake said.
Last month, Kovalovsky was fired from the Freemansburg Police Department. Kovalovsky had served with the department since 1997.
In March, Kovalovsky was charged with public drunkenness by his own department in the early morning after St. Patrick's Day. That charge was later dismissed.
http://www.lehighvalleylive.com/bethlehem/index.ssf?/base/news-0/122101956449010.xml&coll=3
Officer Shaun Asher Arrested for Domestic Dispute
RIPLEY
A West Union Police officer was recently arrested following an alleged domestic dispute in the Ripley Post Office.
According to a report from the Ripley Police Department, on Aug. 23, at approximately 2:39 p.m., Officer Kevin Little of the Ripley Police department was advised of a fight at the Ripley Post Office on U.S. 52.
According to the report submitted by Officer Little, the argument involved a man and two women. The man was later identified by Ripley Police Officer Brad Liming to be West Union Police Officer Shaun Asher.
In his report, Little states that he approached Asher, who refused to cooperate and calm down. After Officer Little had tried several times to get Asher under control, he warned Asher that he would be shot with the taser due to his "anger being out of control."
According to Little, Asher stated that his girlfriend, a juvenile, and his wife, Jennifer Asher, were arguing and that he was trying to break it up. Little advised the girlfriend to leave the premises.
According to the report, Asher continued to persist, cursing and, at times becoming uncontrollable. A short time later, Lieutenant David Benjamin and Sergeant Donald Newman of the Ripley Police Department arrived on the scene. The two advised that Asher had been recently warned of his behavior at a bar at 19 Main Street.
Allegedly, Asher then stated that he was a cop and that he would "get out of it." All officers at the scene attempted to get Asher into a cab or other form of transportation, but Asher refused and told the officers to arrest him.
According to the officers, Asher allegedly turned to his wife and told her, "Shut up or I'll hit you up side the head." Upon uttering this statement, Asher was arrested for verbal domestic violence and persistent disorderly conduct. Asher was then placed in a police cruiser where he continued to curse and attempted to kick and hit the windows.
Sergeant Newman contacted the Brown County Sheriff's Office to advise of Asher's transportation to the Brown County Jail. He also contacted West Union Police Chief Roy Stricklet about the arrest. Chief Stricklet had no comment on the matter.
Allegedly, Asher continued to struggle during his travel to the Brown County Jail, claiming that he was going to fight everyone in the jail.
"Asher was afforded ample opportunities to keep himself out of jail," reported Sergeant Newman. "He decided not to use them."
A West Union Police officer was recently arrested following an alleged domestic dispute in the Ripley Post Office.
According to a report from the Ripley Police Department, on Aug. 23, at approximately 2:39 p.m., Officer Kevin Little of the Ripley Police department was advised of a fight at the Ripley Post Office on U.S. 52.
According to the report submitted by Officer Little, the argument involved a man and two women. The man was later identified by Ripley Police Officer Brad Liming to be West Union Police Officer Shaun Asher.
In his report, Little states that he approached Asher, who refused to cooperate and calm down. After Officer Little had tried several times to get Asher under control, he warned Asher that he would be shot with the taser due to his "anger being out of control."
According to Little, Asher stated that his girlfriend, a juvenile, and his wife, Jennifer Asher, were arguing and that he was trying to break it up. Little advised the girlfriend to leave the premises.
According to the report, Asher continued to persist, cursing and, at times becoming uncontrollable. A short time later, Lieutenant David Benjamin and Sergeant Donald Newman of the Ripley Police Department arrived on the scene. The two advised that Asher had been recently warned of his behavior at a bar at 19 Main Street.
Allegedly, Asher then stated that he was a cop and that he would "get out of it." All officers at the scene attempted to get Asher into a cab or other form of transportation, but Asher refused and told the officers to arrest him.
According to the officers, Asher allegedly turned to his wife and told her, "Shut up or I'll hit you up side the head." Upon uttering this statement, Asher was arrested for verbal domestic violence and persistent disorderly conduct. Asher was then placed in a police cruiser where he continued to curse and attempted to kick and hit the windows.
Sergeant Newman contacted the Brown County Sheriff's Office to advise of Asher's transportation to the Brown County Jail. He also contacted West Union Police Chief Roy Stricklet about the arrest. Chief Stricklet had no comment on the matter.
Allegedly, Asher continued to struggle during his travel to the Brown County Jail, claiming that he was going to fight everyone in the jail.
"Asher was afforded ample opportunities to keep himself out of jail," reported Sergeant Newman. "He decided not to use them."
Probation Officer Arrested on Theft and Forgery
A current and former employee of Cameron County's Probation Department have been arrested on theft and forgery charges after they were accused of selling $70,000 worth of forged Schlitterbahn Beach Waterpark passes.
Sylvia Gonzalez, 37, and Angela Garcia, 32, both of Brownsville, were released on $7,500 personal recognizance bonds following their Monday arrests and arraignments, officials said.
Investigators believe the women sold approximately 600 forged Schlitterbahn Beach Waterpark passes this year alone, said Jason Moody, spokesman for the District Attorney's office.
Schlitterbahn officials are conducting an audit to determine if any fake passes might have been sold in previous years.
Gonzalez was arrested at the probation office where she worked as an office clerk. It is not immediately known where Garcia was arrested.
Garcia resigned from her job as a probation officer two weeks ago.
Gonzalez will most likely be suspended with or without pay depending on the circumstances of her case, Human Resources Director Manuel Villarreal said.
Gonzalez's and Garcia's arrests are the result of a month-long investigation by the Cameron County District Attorney's Office Special Operations Group.
The district attorney's office had been contacted by Schlitterbahn employee, Mike Bigelow, director of marketing and sales, who alleged that numerous season passes had been copied and forged.
Bigelow stated that the passes were similar to the ones sold by the county's Human Resources Department to county employees at a discount.
A preliminary investigation shows that Gonzalez and Garcia were allegedly selling adult passes at $30 to $45 and passes for children at $25 to $40. The adult passes normally sell for $99, and season passes for children sell for $69.
Commenting on the arrest and charges, District Attorney Armando Villalobos said, he is disappointed with the situation in which " a few bad apples have taken advantage of a county perk for illicit gain... we are deeply offended that it included persons associated with law enforcement. We will seek jail time."
Authorities urge anyone who may have bought forged passes to contact the district attorney's office.
Sylvia Gonzalez, 37, and Angela Garcia, 32, both of Brownsville, were released on $7,500 personal recognizance bonds following their Monday arrests and arraignments, officials said.
Investigators believe the women sold approximately 600 forged Schlitterbahn Beach Waterpark passes this year alone, said Jason Moody, spokesman for the District Attorney's office.
Schlitterbahn officials are conducting an audit to determine if any fake passes might have been sold in previous years.
Gonzalez was arrested at the probation office where she worked as an office clerk. It is not immediately known where Garcia was arrested.
Garcia resigned from her job as a probation officer two weeks ago.
Gonzalez will most likely be suspended with or without pay depending on the circumstances of her case, Human Resources Director Manuel Villarreal said.
Gonzalez's and Garcia's arrests are the result of a month-long investigation by the Cameron County District Attorney's Office Special Operations Group.
The district attorney's office had been contacted by Schlitterbahn employee, Mike Bigelow, director of marketing and sales, who alleged that numerous season passes had been copied and forged.
Bigelow stated that the passes were similar to the ones sold by the county's Human Resources Department to county employees at a discount.
A preliminary investigation shows that Gonzalez and Garcia were allegedly selling adult passes at $30 to $45 and passes for children at $25 to $40. The adult passes normally sell for $99, and season passes for children sell for $69.
Commenting on the arrest and charges, District Attorney Armando Villalobos said, he is disappointed with the situation in which " a few bad apples have taken advantage of a county perk for illicit gain... we are deeply offended that it included persons associated with law enforcement. We will seek jail time."
Authorities urge anyone who may have bought forged passes to contact the district attorney's office.
Detention Officer Clayton Buycks Arrested
Sheriff Joe Arpaio has arrested one of his own on charges of sexual assault and kidnapping.
28 year-old Clayton Darnell Buycks is a detention officer, accused of fondling a female inmate inside an elevator at the East Courthouse in downtown Phoenix last month.
The inmate was being transported to court to face drug charges when the attack occurred and investigators say she was handcuffed, resulting in the kidnapping charge.
Buycks spent the last 5 years as a detention officer with the Sheriff's Office, but Arpaio says he's been placed on administrative leave with pay while they continue their investigation.
http://www.azfamily.com/news/homepagetopstory/stories/phoenix-local-news-090908-officer-arrest.5ecdd5ce.html
28 year-old Clayton Darnell Buycks is a detention officer, accused of fondling a female inmate inside an elevator at the East Courthouse in downtown Phoenix last month.
The inmate was being transported to court to face drug charges when the attack occurred and investigators say she was handcuffed, resulting in the kidnapping charge.
Buycks spent the last 5 years as a detention officer with the Sheriff's Office, but Arpaio says he's been placed on administrative leave with pay while they continue their investigation.
http://www.azfamily.com/news/homepagetopstory/stories/phoenix-local-news-090908-officer-arrest.5ecdd5ce.html
Wednesday, September 10, 2008
Officer Chancy Jones Charged with Murder
MEMPHIS, TN
A Memphis police officer has been arrested and charged with Second Degree Murder in the death of his mistress.
According to Memphis Police Director Larry Godwin, Officer Chancy Jones was in a sexual relationship with the victim, Phyllis Malone, over a period of weeks. Jones was married and had two children. At some point, Jones’ relationship with Malone became troubled. The two agreed to meet at a gas station in the 1700 block of Whitten Road, where investigators believe the murder happened, said Godwin. Malone’s body was found, slumped over the wheel of a car at the Shell gas station in Northeast Memphis, by a Wonder Bread delivery driver, Tuesday, September 9, 2008, around 5:40 a.m.
Director Godwin says an investigation led detectives to Officer Jones as a suspect in the shooting. Investigators say Jones committed the murder and then went to work as scheduled Tuesday afternoon. Investigators say the evidence quickly pointed to Jones and he was called back to his precinct Tuesday evening and taken to headquarters for questioning.
Officer Jones’ Personnel File at the Memphis Police Department shows that Jones appears to have been a model police officer. There was no disciplinary record for Jones, but there were many commendations and comments of praise within his file.
According to Memphis Police Director Larry Godwin, Officer Chancy Jones was in a sexual relationship with the victim, Phyllis Malone, over a period of weeks. Jones was married and had two children. At some point, Jones’ relationship with Malone became troubled. The two agreed to meet at a gas station in the 1700 block of Whitten Road, where investigators believe the murder happened, said Godwin. Malone’s body was found, slumped over the wheel of a car at the Shell gas station in Northeast Memphis, by a Wonder Bread delivery driver, Tuesday, September 9, 2008, around 5:40 a.m.
Director Godwin says an investigation led detectives to Officer Jones as a suspect in the shooting. Investigators say Jones committed the murder and then went to work as scheduled Tuesday afternoon. Investigators say the evidence quickly pointed to Jones and he was called back to his precinct Tuesday evening and taken to headquarters for questioning.
Officer Jones’ Personnel File at the Memphis Police Department shows that Jones appears to have been a model police officer. There was no disciplinary record for Jones, but there were many commendations and comments of praise within his file.
Officers Trying to Get Away with Using Fake Degrees
Berwyn Police Officer Thomas Skryd insisted he was well-qualified for promotion to sergeant: Just look at his test scores and master's degree in criminal justice, with an emphasis in "crimes of the powerful."
But when the city refused to consider the diploma, awarded by a university that approves advanced degrees overnight, Skryd fired back with a lawsuit.
The case, eventually dismissed, is another example tying the suburb's police department with recently uncovered diploma scandals.
Last month the Tribune reported that the names of five other current or former Berwyn police officers turned up on a federal list of 9,600 suspected buyers of degrees from phony schools as part of a Washington state criminal diploma scheme. Skryd is not on the list.
Through city records, it showed that a now-retired Berwyn Fire Department employee claimed a master of science degree in fire-safety management awarded from a university that state and federal officials don't recognize.
Police Chief William Kushner said his department has launched an investigation into whether the police officers and the Fire Department official used bogus academic credentials illegally to gain undeserved promotions and pay raises. Kushner said he also talked to the public integrity section of the Cook County state's attorney's office about possible charges.
And because the City of Berwyn offers a tuition-reimbursement program, Kushner said part of the investigation will look into whether anyone had wrongfully gotten tuition reimbursement for fake degrees, which can go from $500 a year for an associate's degree to $1,500 a year for a postgraduate diploma.
"It's a black eye on a fine department," Kushner said.
Because Kushner refused to honor Skryd's diploma, Skryd is not part of the investigation, Kushner said.
Documents obtained by the Tribune show that one retired police officer was approved for a $1,900 tuition reimbursement for a doctorate in criminal justice from Glencullen University, an institution whose accreditation isn't recognized by the federal government. Kushner said he has yet to determine whether any payments actually went through.
With the exception of Skryd, the Tribune is not naming the officials who allegedly bought the degrees because they have not been charged with a crime. Skryd's name became public when he filed the lawsuit.
Kushner said he has gone through the academic credentials of all current officers to make sure they are legitimate, and he has found no further problems.
Skryd, who never got his promotion, said he was not aware that the Belford University degree he obtained was questionable. He said that his lawsuit, filed in 2006, covered other issues apart from his degree, and that he was embarrassed to learn the nature of Belford University.
"It was one of those situations where I should've known," he said. "It was too good to be true."
Skryd's wife is Ald. Michele Skryd, who he said was unaware of his degree. "Once I realized what had happened, I was probably too embarrassed even to tell her," he said.
Kushner, who assumed his job early in 2006, talked with Skryd before he filed his suit, noting the problems with the university.
Kushner said he asked Skryd if he knew the degree had no value. "[Skryd] said, 'Well, I guess I do now,' " according to Kushner.
Still, he included the degree in his suit—an act he now blames on "cognitive dissonance."
Berwyn officials emphasize that the alleged abuses took place under a previous police chief and mayor, and that Kushner and the human resources department now must approve degrees that are submitted.
The investigation was recently aired at a City Council meeting after aldermen demanded more information.
Some of them had heard rumors that there was no investigation, "which was furthest from the truth," Mayor Michael O'Connor said. "We would never stand in the way."
The names of the current and former Berwyn officers under fire came to light after federal agents investigated the Washington diploma scheme. That probe eventually led to guilty pleas this year from diploma mill officials.
Some of the diplomas allegedly obtained by the Berwyn officers came from schools such as St. Regis University, part of the Washington scheme that federal officials shut down, and LaSalle University in Mandeville, La., which collapsed after its president was imprisoned for fraud in connection with the selling of degrees in the late 1990s.
Others, such as Glencullen University, have accreditation that isn't recognized by either the state or federal government, or both.
Records obtained by the Tribune show that the retired Berwyn Fire Department employee was awarded a degree in 2005 by Madison University, a Mississippi institution whose accreditation state and federal officials don't recognize. Fire Chief Denis J. O'Halloran said he turned the case over to Kushner.
As for Skryd's school, Belford University, it grants degrees within a few hours based on undocumented "life experience" submitted by applicants. George Gollin, a professor at the University of Illinois at Urbana-Champaign and a diploma-mill buster, tested the system and was quickly approved for a doctorate in public policy. "I gave them as my life experience that I read the newspaper and I watch the evening television news," Gollin said. "And they wrote back to say, 'Sure thing,' and I think they wanted about 500 bucks for the degree."
To apply to Belford, Skryd said he filled out a multiple-choice questionnaire and submitted his résumé online, listing his years of work on the beat, in-service training and other experience. Within a few days, he was approved for the degree, Skryd said.
But he said the degree didn't help his career; he is still waiting for promotion to sergeant.
"I never did benefit from it," Skryd said, "and I certainly would never do something like that again."
But when the city refused to consider the diploma, awarded by a university that approves advanced degrees overnight, Skryd fired back with a lawsuit.
The case, eventually dismissed, is another example tying the suburb's police department with recently uncovered diploma scandals.
Last month the Tribune reported that the names of five other current or former Berwyn police officers turned up on a federal list of 9,600 suspected buyers of degrees from phony schools as part of a Washington state criminal diploma scheme. Skryd is not on the list.
Through city records, it showed that a now-retired Berwyn Fire Department employee claimed a master of science degree in fire-safety management awarded from a university that state and federal officials don't recognize.
Police Chief William Kushner said his department has launched an investigation into whether the police officers and the Fire Department official used bogus academic credentials illegally to gain undeserved promotions and pay raises. Kushner said he also talked to the public integrity section of the Cook County state's attorney's office about possible charges.
And because the City of Berwyn offers a tuition-reimbursement program, Kushner said part of the investigation will look into whether anyone had wrongfully gotten tuition reimbursement for fake degrees, which can go from $500 a year for an associate's degree to $1,500 a year for a postgraduate diploma.
"It's a black eye on a fine department," Kushner said.
Because Kushner refused to honor Skryd's diploma, Skryd is not part of the investigation, Kushner said.
Documents obtained by the Tribune show that one retired police officer was approved for a $1,900 tuition reimbursement for a doctorate in criminal justice from Glencullen University, an institution whose accreditation isn't recognized by the federal government. Kushner said he has yet to determine whether any payments actually went through.
With the exception of Skryd, the Tribune is not naming the officials who allegedly bought the degrees because they have not been charged with a crime. Skryd's name became public when he filed the lawsuit.
Kushner said he has gone through the academic credentials of all current officers to make sure they are legitimate, and he has found no further problems.
Skryd, who never got his promotion, said he was not aware that the Belford University degree he obtained was questionable. He said that his lawsuit, filed in 2006, covered other issues apart from his degree, and that he was embarrassed to learn the nature of Belford University.
"It was one of those situations where I should've known," he said. "It was too good to be true."
Skryd's wife is Ald. Michele Skryd, who he said was unaware of his degree. "Once I realized what had happened, I was probably too embarrassed even to tell her," he said.
Kushner, who assumed his job early in 2006, talked with Skryd before he filed his suit, noting the problems with the university.
Kushner said he asked Skryd if he knew the degree had no value. "[Skryd] said, 'Well, I guess I do now,' " according to Kushner.
Still, he included the degree in his suit—an act he now blames on "cognitive dissonance."
Berwyn officials emphasize that the alleged abuses took place under a previous police chief and mayor, and that Kushner and the human resources department now must approve degrees that are submitted.
The investigation was recently aired at a City Council meeting after aldermen demanded more information.
Some of them had heard rumors that there was no investigation, "which was furthest from the truth," Mayor Michael O'Connor said. "We would never stand in the way."
The names of the current and former Berwyn officers under fire came to light after federal agents investigated the Washington diploma scheme. That probe eventually led to guilty pleas this year from diploma mill officials.
Some of the diplomas allegedly obtained by the Berwyn officers came from schools such as St. Regis University, part of the Washington scheme that federal officials shut down, and LaSalle University in Mandeville, La., which collapsed after its president was imprisoned for fraud in connection with the selling of degrees in the late 1990s.
Others, such as Glencullen University, have accreditation that isn't recognized by either the state or federal government, or both.
Records obtained by the Tribune show that the retired Berwyn Fire Department employee was awarded a degree in 2005 by Madison University, a Mississippi institution whose accreditation state and federal officials don't recognize. Fire Chief Denis J. O'Halloran said he turned the case over to Kushner.
As for Skryd's school, Belford University, it grants degrees within a few hours based on undocumented "life experience" submitted by applicants. George Gollin, a professor at the University of Illinois at Urbana-Champaign and a diploma-mill buster, tested the system and was quickly approved for a doctorate in public policy. "I gave them as my life experience that I read the newspaper and I watch the evening television news," Gollin said. "And they wrote back to say, 'Sure thing,' and I think they wanted about 500 bucks for the degree."
To apply to Belford, Skryd said he filled out a multiple-choice questionnaire and submitted his résumé online, listing his years of work on the beat, in-service training and other experience. Within a few days, he was approved for the degree, Skryd said.
But he said the degree didn't help his career; he is still waiting for promotion to sergeant.
"I never did benefit from it," Skryd said, "and I certainly would never do something like that again."
Deputy Jeffery Gerres Charged with Assault
A Harford County sheriff's deputy was arrested Sunday morning in Southeast Baltimore after a woman told police she was coaxed into a residence for a bachelor party and pushed down a flight of stairs, according to court records.
But Deputy Jeffery Gerres, a member of the sheriff's office's violent street crimes unit who received a commendation in 2007, filed his own complaint yesterday against Denise Lillian Rothwell, 47, a twice-convicted prostitute, alleging that she hit him in the eye after he rejected her advances.
Police found Rothwell about 3:30 a.m., crying with her face bruised and bloodied. She told police that a group of five men drove up to her, one of whom flashed a police badge, and asked her to join them for a bachelor party in the 3300 block of O'Donnell St., city police wrote in charging documents.
Rothwell said that she was offered $100 to perform a sex act on the bachelor, who was not identified, but alleged that the man with the badge later asked for the money back, saying that the bills were marked. She added that the man pushed her toward the front door and pushed her again down the stairs, causing her to fall face-first.
Crime lab technicians responded to Johns Hopkins Bayview Medical Center, where she was taken for treatment and examination.
An officer went to the O'Donnell Street residence, where Gerres, 29, of Rising Sun, allegedly answered the door and identified himself as a sheriff's deputy. He said he was standing on the front steps of the home when the woman asked him if he was "looking for a party." When he told her no, she struck him in the eye, he said. The officer later observed that Gerres had bruises around his left eye.
Police charged Gerres that morning with second-degree assault and allowing a person into a building for prostitution; yesterday, Gerres filed second-degree assault charges against the woman in District Court.
A spokeswoman for the county sheriff's office said Gerres' police powers have been suspended pending further investigation.
http://www.abc2news.com/news/local/story.aspx?content_id=ef5e95fc-1ff5-4ffd-9df5-80e238fc3ff8
But Deputy Jeffery Gerres, a member of the sheriff's office's violent street crimes unit who received a commendation in 2007, filed his own complaint yesterday against Denise Lillian Rothwell, 47, a twice-convicted prostitute, alleging that she hit him in the eye after he rejected her advances.
Police found Rothwell about 3:30 a.m., crying with her face bruised and bloodied. She told police that a group of five men drove up to her, one of whom flashed a police badge, and asked her to join them for a bachelor party in the 3300 block of O'Donnell St., city police wrote in charging documents.
Rothwell said that she was offered $100 to perform a sex act on the bachelor, who was not identified, but alleged that the man with the badge later asked for the money back, saying that the bills were marked. She added that the man pushed her toward the front door and pushed her again down the stairs, causing her to fall face-first.
Crime lab technicians responded to Johns Hopkins Bayview Medical Center, where she was taken for treatment and examination.
An officer went to the O'Donnell Street residence, where Gerres, 29, of Rising Sun, allegedly answered the door and identified himself as a sheriff's deputy. He said he was standing on the front steps of the home when the woman asked him if he was "looking for a party." When he told her no, she struck him in the eye, he said. The officer later observed that Gerres had bruises around his left eye.
Police charged Gerres that morning with second-degree assault and allowing a person into a building for prostitution; yesterday, Gerres filed second-degree assault charges against the woman in District Court.
A spokeswoman for the county sheriff's office said Gerres' police powers have been suspended pending further investigation.
http://www.abc2news.com/news/local/story.aspx?content_id=ef5e95fc-1ff5-4ffd-9df5-80e238fc3ff8
Officer Anthony Scatena Pleads Guilty to Invasion of Privacy
A Fort Wayne police officer who pleaded guilty to a misdemeanor this spring was fired Monday after the city's board of public safety determined the officer had an unacceptable pattern of misconduct and a disregard for a court order.
Anthony Scatena, a 13-year veteran of the department, pleaded guilty to an invasion-of-privacy charge, a Class A misdemeanor, in April. The board had little discussion of board chairwoman Sharon Peters' motion before voting to dismiss him. The two newest board members, Bob Elder and Steve Boerger, did not hear evidence related to the case and abstained from voting.
Scatena declined to comment Monday evening. Police Chief Rusty York said he would be formally notified of the board's decision today.
Scatena was initially arrested on two misdemeanor charges of battery and domestic battery after police were called to his home in November. The Allen County prosecutor dropped those two charges a few days after the invasion-of-privacy charge was filed.
According to court records, Scatena called or was called by the same woman he allegedly battered 261 times between January and February - a violation of a no-contact order issued as part of the domestic battery case. The phone calls ranged in length of one minute to 27 minutes.
York asked the board to fire Scatena in May, and a closed-door evidentiary hearing was held in July to consider whether the officer violated any departmental rules and regulations.
During the hearing, the three-member board learned that Scatena initiated 64 phone calls to the woman. Scatena told the board that the woman, who was living in his house, called him to ensure the bills were paid. An outside employer told the board that the woman tried to contact Scatena at the business several times and had seen text messages and phone calls the woman made to his cell phone, the written findings said.
The board found that Scatena violated the no-contact order repeatedly and showed a "complete disregard for an order of the court." The police department's domestic relations policy states a protective order is a court order and that violators may be arrested, the board wrote in its findings.
The board also cited Scatena's disciplinary history in determining that "Scatena's conduct demonstrates an unacceptable pattern of conduct and a clear disregard for the rules of the department."
The board detailed six reprimands and suspensions. All but one disciplinary action involved complaints that Scatena was rude, made inappropriate comments or used profanity. He also was suspended for leaving his district and a filing a false report.
York told the board that "Scatena's sustained allegations show a disregard for rules and a pattern of rudeness and confrontation," according to the written findings.
York told the board that a Class A misdemeanor conviction under the department's rules and regulations is cause for dismissal or a suspension to be determined by the board. He also said that Scatena's credibility was "impaired," the findings said.
York said after the meeting that he was concerned that by pleading guilty to disregarding a judge's order, that would hamper Scatena's ability to work with the prosecutor's office and even other divisions within the police department. For example, victims' assistance was involved in Scatena's case, York said.
The board last voted to terminate a city employee in 2002, when it fired firefighter Kenneth Burson. His dismissal was later overturned in court, and he resigned from the department. The board also fired police officers Nathan Alexander in 1999 and James Chin in 2001 - both resulted in lawsuits.
Anthony Scatena, a 13-year veteran of the department, pleaded guilty to an invasion-of-privacy charge, a Class A misdemeanor, in April. The board had little discussion of board chairwoman Sharon Peters' motion before voting to dismiss him. The two newest board members, Bob Elder and Steve Boerger, did not hear evidence related to the case and abstained from voting.
Scatena declined to comment Monday evening. Police Chief Rusty York said he would be formally notified of the board's decision today.
Scatena was initially arrested on two misdemeanor charges of battery and domestic battery after police were called to his home in November. The Allen County prosecutor dropped those two charges a few days after the invasion-of-privacy charge was filed.
According to court records, Scatena called or was called by the same woman he allegedly battered 261 times between January and February - a violation of a no-contact order issued as part of the domestic battery case. The phone calls ranged in length of one minute to 27 minutes.
York asked the board to fire Scatena in May, and a closed-door evidentiary hearing was held in July to consider whether the officer violated any departmental rules and regulations.
During the hearing, the three-member board learned that Scatena initiated 64 phone calls to the woman. Scatena told the board that the woman, who was living in his house, called him to ensure the bills were paid. An outside employer told the board that the woman tried to contact Scatena at the business several times and had seen text messages and phone calls the woman made to his cell phone, the written findings said.
The board found that Scatena violated the no-contact order repeatedly and showed a "complete disregard for an order of the court." The police department's domestic relations policy states a protective order is a court order and that violators may be arrested, the board wrote in its findings.
The board also cited Scatena's disciplinary history in determining that "Scatena's conduct demonstrates an unacceptable pattern of conduct and a clear disregard for the rules of the department."
The board detailed six reprimands and suspensions. All but one disciplinary action involved complaints that Scatena was rude, made inappropriate comments or used profanity. He also was suspended for leaving his district and a filing a false report.
York told the board that "Scatena's sustained allegations show a disregard for rules and a pattern of rudeness and confrontation," according to the written findings.
York told the board that a Class A misdemeanor conviction under the department's rules and regulations is cause for dismissal or a suspension to be determined by the board. He also said that Scatena's credibility was "impaired," the findings said.
York said after the meeting that he was concerned that by pleading guilty to disregarding a judge's order, that would hamper Scatena's ability to work with the prosecutor's office and even other divisions within the police department. For example, victims' assistance was involved in Scatena's case, York said.
The board last voted to terminate a city employee in 2002, when it fired firefighter Kenneth Burson. His dismissal was later overturned in court, and he resigned from the department. The board also fired police officers Nathan Alexander in 1999 and James Chin in 2001 - both resulted in lawsuits.
Former deputy accused of forcing child to perform sex acts at gunpoint
MAYSVILLE, S.C.
A former Lee County sheriff's deputy who police say forced a 9-year-old child to perform sex acts on him at gunpoint has been arrested.
Fifty-six-year-old Wayne Atkinson of Mayesville was being held Wednesday at a Sumter County detention center.
He is charged with criminal sexual conduct with a minor.
It's not clear if Atkinson had an attorney.
A number for Atkinson was not published and a woman at the jail said she didn't know if he had a lawyer.
Also, 51-year-old Shirley Jackson is charged with unlawful
conduct toward a child.
Investigators think the child was Jackson's foster child.
A former Lee County sheriff's deputy who police say forced a 9-year-old child to perform sex acts on him at gunpoint has been arrested.
Fifty-six-year-old Wayne Atkinson of Mayesville was being held Wednesday at a Sumter County detention center.
He is charged with criminal sexual conduct with a minor.
It's not clear if Atkinson had an attorney.
A number for Atkinson was not published and a woman at the jail said she didn't know if he had a lawyer.
Also, 51-year-old Shirley Jackson is charged with unlawful
conduct toward a child.
Investigators think the child was Jackson's foster child.
Officer Garry Ferguson Pleads No Contest
A Maricopa Police officer accused of having sex with minors entered a plea of no contest in court Monday afternoon.
Last week, 30-year-old Garry Ferguson rejected a plea deal, that would have put him behind bars for nine years.
Monday the prosecutor said she will ask for only eight years.
Ferguson is accused of sexually abusing three teenagers in Kings County. He is also being investigated in Kern County for sexual misconduct with a minor.
http://www.turnto23.com/news/17424860/detail.html
Last week, 30-year-old Garry Ferguson rejected a plea deal, that would have put him behind bars for nine years.
Monday the prosecutor said she will ask for only eight years.
Ferguson is accused of sexually abusing three teenagers in Kings County. He is also being investigated in Kern County for sexual misconduct with a minor.
http://www.turnto23.com/news/17424860/detail.html
Officer Slawomir Plewa Arrested for Trying to Frame Woman
CHICAGO
A Chicago police officer and another man have been charged with taking part in a scheme to arrest the man's estranged wife after planting drugs and a gun in her car.
Slawomir Plewa, 30, faces charges of perjury, obstruction of justice, official misconduct, unlawful restraint and other charges. He was ordered held in lieu of $250,000 bail by Judge Adam Bourgeois Jr. during a hearing Tuesday in Cook County Circuit Court.
Bogdan Mazur, 48, of Crystal Lake was arrested on false reporting, obstruction of justice as well as drug and gun conspiracy charges. He was also ordered held in lieu of $250,000 bail Tuesday.
Mazur was angry with his estranged wife over money and "some of her parenting decisions" and hatched a plan with Plewa, whom he met through a mutual friend, to frame her, according to court documents filed by the Cook County state's attorney's office.
The documents say Mazur admitted to taking part in the scheme with Plewa and an uncharged coconspirator and that he and the uncharged coconspirator agreed to split a corporation owned by Mazur and his wife "after the victim was arrested and presumably convicted and sent to jail."
On April 1 of last year Mazur was with the couple's two young children in a Chicago garage when he called his wife, told her his vehicle wouldn't start, and asked her to pick up their children, officials said. Mazur and the coconspirator had already placed drugs and the gun into the spare tire compartment of the woman's car.
When she arrived at the garage, Plewa and other officers were waiting.
"Plewa provided false information indicating that an anonymous individual walked into the police station and provided information that led to the stop and arrest of the victim," according to prosecutors in the document, a motion to set bail.
When the woman arrived, Plewa asked if he could search the vehicle — a search that revealed the hidden items, prosecutors alleged.
The woman was arrested on drugs and weapons charges. She was acquitted of the charges during a trial in which Plewa allegedly provided false testimony, prosecutors said.
Plewa's attorney, Dan Herbert, said after Tuesday's hearing that his client was innocent and followed standard police procedure.
"He gathered information and made an arrest based on that information," Herbert said.
"His relationship with Mazur was a typical relationship between a police officer and if, in fact, there was a set up, Officer Plewa had no way of knowing of this," he said.
The case marks the latest embarrassment for Chicago's police department, which has tried to restore public confidence after a string of allegations of police brutality and misconduct.
http://www.chicagotribune.com/news/local/chi-chicago-cop-arrest-10-bothsep10,0,5995079.story
A Chicago police officer and another man have been charged with taking part in a scheme to arrest the man's estranged wife after planting drugs and a gun in her car.
Slawomir Plewa, 30, faces charges of perjury, obstruction of justice, official misconduct, unlawful restraint and other charges. He was ordered held in lieu of $250,000 bail by Judge Adam Bourgeois Jr. during a hearing Tuesday in Cook County Circuit Court.
Bogdan Mazur, 48, of Crystal Lake was arrested on false reporting, obstruction of justice as well as drug and gun conspiracy charges. He was also ordered held in lieu of $250,000 bail Tuesday.
Mazur was angry with his estranged wife over money and "some of her parenting decisions" and hatched a plan with Plewa, whom he met through a mutual friend, to frame her, according to court documents filed by the Cook County state's attorney's office.
The documents say Mazur admitted to taking part in the scheme with Plewa and an uncharged coconspirator and that he and the uncharged coconspirator agreed to split a corporation owned by Mazur and his wife "after the victim was arrested and presumably convicted and sent to jail."
On April 1 of last year Mazur was with the couple's two young children in a Chicago garage when he called his wife, told her his vehicle wouldn't start, and asked her to pick up their children, officials said. Mazur and the coconspirator had already placed drugs and the gun into the spare tire compartment of the woman's car.
When she arrived at the garage, Plewa and other officers were waiting.
"Plewa provided false information indicating that an anonymous individual walked into the police station and provided information that led to the stop and arrest of the victim," according to prosecutors in the document, a motion to set bail.
When the woman arrived, Plewa asked if he could search the vehicle — a search that revealed the hidden items, prosecutors alleged.
The woman was arrested on drugs and weapons charges. She was acquitted of the charges during a trial in which Plewa allegedly provided false testimony, prosecutors said.
Plewa's attorney, Dan Herbert, said after Tuesday's hearing that his client was innocent and followed standard police procedure.
"He gathered information and made an arrest based on that information," Herbert said.
"His relationship with Mazur was a typical relationship between a police officer and if, in fact, there was a set up, Officer Plewa had no way of knowing of this," he said.
The case marks the latest embarrassment for Chicago's police department, which has tried to restore public confidence after a string of allegations of police brutality and misconduct.
http://www.chicagotribune.com/news/local/chi-chicago-cop-arrest-10-bothsep10,0,5995079.story
Officer John Lee May Arrested for Stealing Puppy
A Putnam County Sheriff’s Office K-9 officer and school resource officer who was fired from his job last week was arrested Monday after an 11-year-old boy reportedly saw him steal a dog from a pet shop.
John Lee May, 39, of San Mateo was arrested on a charge of grand theft in connection with the theft of a tea-cup Chihuahua.
According to Sheriff’s Maj. Keith Riddick, May went into the Acme Pet shop on U.S. 17 in San Mateo on Saturday wearing a heavy jacket. The pet shop owner later told deputies that a customer noticed a man acting suspiciously and the customer’s 11-year-old son saw the man put the tiny dog into a jacket pocket.
May was arrested on a warrant Monday and shortly afterward posted the $1,004 bond in the case, Riddick said.
May had worked for the Sheriff’s Office three times over the past eight years and the dog theft case was apparently unrelated to his release from the agency, Riddick said.
The agency terminated May a week ago after completing what Riddick said was “an internal investigation into a complaint of possible domestic violence involving his ex-girlfriend.”
May had been a K-9 officer in the School Resource Unit and was working as a middle school resource deputy when he was let go.
John Lee May, 39, of San Mateo was arrested on a charge of grand theft in connection with the theft of a tea-cup Chihuahua.
According to Sheriff’s Maj. Keith Riddick, May went into the Acme Pet shop on U.S. 17 in San Mateo on Saturday wearing a heavy jacket. The pet shop owner later told deputies that a customer noticed a man acting suspiciously and the customer’s 11-year-old son saw the man put the tiny dog into a jacket pocket.
May was arrested on a warrant Monday and shortly afterward posted the $1,004 bond in the case, Riddick said.
May had worked for the Sheriff’s Office three times over the past eight years and the dog theft case was apparently unrelated to his release from the agency, Riddick said.
The agency terminated May a week ago after completing what Riddick said was “an internal investigation into a complaint of possible domestic violence involving his ex-girlfriend.”
May had been a K-9 officer in the School Resource Unit and was working as a middle school resource deputy when he was let go.
Tuesday, September 09, 2008
Captain Tony Surles Arrested on Felony Charges
A Roseboro police captain has been arrested on a felony charge for allegedly using town funds to purchase a transmission for a vehicle not owned by the town or its police department.
Capt. Tony Surles, of the Roseboro Police Department, turned himself in to investigators at the Sampson County Law Enforcement Center Monday. He was charged with obtaining property by false pretenses, a felony offense.
Authorities said the arrest was the culmination of a two-month joint investigation by the N.C. State Bureau of Investigation and the Sampson County Sheriff’s Office. The probe was conducted at the request of the Roseboro Board of Commissioners.
“The town board, through our attorney, requested an investigation into some alleged inconsistencies in our town policies and procedures,” Roseboro mayor Roland Hall said when reached by phone Monday night.
According to sheriff’s officials, the investigation was initiated after town officials discovered that a false purchase order number from the town of Roseboro was used to obtain a vehicle transmission for a style of vehicle that is not in the town’s fleet.
The mayor said the decision was made by the town board “to seek out whatever agency was appropriate to conduct the investigation.”
The Sheriff’s Office took over the investigation and discussed the case with the District Attorney’s Office before obtaining a warrant on Surles.
“After conducting interviews and examining evidence collected, investigators consulted with District Attorney Dewey Hudson, who decided that sufficient probable cause was available to charge Surles,” a press release from the Sheriff’s Office stated.
Upon turning himself in, Surles was administratively processed at the Sampson County Detention Center Monday evening and released under a $500 unsecured bond.
Surles served in an interim capacity as police chief for a short time in 2006 before Preston Howell Jr. was hired to the chief’s post. Later that same year, then-chief Howell promoted Surles from sergeant to captain, a position in which Surles has served since then.
Hall said Monday night that he could not speak to any additional disciplinary action that would be taken by the town of Roseboro in light of the felony charge against Surles.
“I’m not in a position where I can make any comment on that right now,” Hall said. “The board is not in session until tomorrow night (Tuesday).”
The Roseboro mayor said board members would likely discuss the issue at that time.
“We will deal with that, probably in closed session because it is a personnel matter,” said Hall.
Capt. Tony Surles, of the Roseboro Police Department, turned himself in to investigators at the Sampson County Law Enforcement Center Monday. He was charged with obtaining property by false pretenses, a felony offense.
Authorities said the arrest was the culmination of a two-month joint investigation by the N.C. State Bureau of Investigation and the Sampson County Sheriff’s Office. The probe was conducted at the request of the Roseboro Board of Commissioners.
“The town board, through our attorney, requested an investigation into some alleged inconsistencies in our town policies and procedures,” Roseboro mayor Roland Hall said when reached by phone Monday night.
According to sheriff’s officials, the investigation was initiated after town officials discovered that a false purchase order number from the town of Roseboro was used to obtain a vehicle transmission for a style of vehicle that is not in the town’s fleet.
The mayor said the decision was made by the town board “to seek out whatever agency was appropriate to conduct the investigation.”
The Sheriff’s Office took over the investigation and discussed the case with the District Attorney’s Office before obtaining a warrant on Surles.
“After conducting interviews and examining evidence collected, investigators consulted with District Attorney Dewey Hudson, who decided that sufficient probable cause was available to charge Surles,” a press release from the Sheriff’s Office stated.
Upon turning himself in, Surles was administratively processed at the Sampson County Detention Center Monday evening and released under a $500 unsecured bond.
Surles served in an interim capacity as police chief for a short time in 2006 before Preston Howell Jr. was hired to the chief’s post. Later that same year, then-chief Howell promoted Surles from sergeant to captain, a position in which Surles has served since then.
Hall said Monday night that he could not speak to any additional disciplinary action that would be taken by the town of Roseboro in light of the felony charge against Surles.
“I’m not in a position where I can make any comment on that right now,” Hall said. “The board is not in session until tomorrow night (Tuesday).”
The Roseboro mayor said board members would likely discuss the issue at that time.
“We will deal with that, probably in closed session because it is a personnel matter,” said Hall.
Officers Accused of Using Excessive Force
Police are under fire again for using excessive force.
Onset resident Paul Andrade, 52, recounted his story to the Board of Selectmen Tuesday night.
Andrade told the board he was driving down Depot Street with his brother behind a police car Saturday, Sept. 6. When the two cars got to the Onset VFW, the officer pulled over to the side of the road and let Andrade pass. As soon as Andrade passed the police car, it began to follow him up the street.
“I told my brother that he was going to stop us,” Andrade said.
Andrade pulled into the parking lot of the Oak Grove Package Store and got out of the car. The police car began flashing its blue lights and the officer, who Andrade identified as Charles Pillsbury, instructed Andrade to get back into his vehicle.
While Andrade repeatedly noted that he had something of a checkered past with the Wareham Police Department, he said he had done a lot to straighten out his life. When the officer asked to see his license and registration, Andrade asked why he had been pulled over; he claimed that Pillsbury told him that he didn’t need a reason.
He then told Andrade to step out of the vehicle. Andrade said he protested briefly, and he repeatedly asked the officer why he had been stopped. During this back and forth exchange between Andrade and Pillsbury, the officer sprayed him with mace. Andrade said that by the time the package store manager tried to intervene, Pillsbury must have used almost the whole can of mace.
Pillsbury then placed Andrade under arrest for disorderly conduct, disturbing the peace, resisting arrest, failure to produce a license and registration, threat to commit murder, threat to commit bodily harm and failure to signal a turn.
In addition to the charges, Andrade’s car was towed, in spite of an offer from his brother to drive it back home and from the store manager to allow it to be left until Andrade could claim it. Andrade’s dogs were also taken to Dartmouth animal shelter, and he has yet to get his license and registration back.
The complaint comes on the heels of a recent accusation that officers used excessive force against a teenaged girl during an arrest in Onset earlier this summer.
Selectman Bruce Sauvageau offered one explanation, referencing accusations that the police were targeting the Cape Verdean community.
“I also notice you’re a black man, and that was your first mistake,” he said.
Sauvageau also called Officer Pillsbury a “disgrace,” and he claimed that this was the “natural result” of nepotism. Pillsbury’s mother, Mary Jane Pillsbury, is a former selectman and retired library director.
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20080910/NEWS/809100326
Onset resident Paul Andrade, 52, recounted his story to the Board of Selectmen Tuesday night.
Andrade told the board he was driving down Depot Street with his brother behind a police car Saturday, Sept. 6. When the two cars got to the Onset VFW, the officer pulled over to the side of the road and let Andrade pass. As soon as Andrade passed the police car, it began to follow him up the street.
“I told my brother that he was going to stop us,” Andrade said.
Andrade pulled into the parking lot of the Oak Grove Package Store and got out of the car. The police car began flashing its blue lights and the officer, who Andrade identified as Charles Pillsbury, instructed Andrade to get back into his vehicle.
While Andrade repeatedly noted that he had something of a checkered past with the Wareham Police Department, he said he had done a lot to straighten out his life. When the officer asked to see his license and registration, Andrade asked why he had been pulled over; he claimed that Pillsbury told him that he didn’t need a reason.
He then told Andrade to step out of the vehicle. Andrade said he protested briefly, and he repeatedly asked the officer why he had been stopped. During this back and forth exchange between Andrade and Pillsbury, the officer sprayed him with mace. Andrade said that by the time the package store manager tried to intervene, Pillsbury must have used almost the whole can of mace.
Pillsbury then placed Andrade under arrest for disorderly conduct, disturbing the peace, resisting arrest, failure to produce a license and registration, threat to commit murder, threat to commit bodily harm and failure to signal a turn.
In addition to the charges, Andrade’s car was towed, in spite of an offer from his brother to drive it back home and from the store manager to allow it to be left until Andrade could claim it. Andrade’s dogs were also taken to Dartmouth animal shelter, and he has yet to get his license and registration back.
The complaint comes on the heels of a recent accusation that officers used excessive force against a teenaged girl during an arrest in Onset earlier this summer.
Selectman Bruce Sauvageau offered one explanation, referencing accusations that the police were targeting the Cape Verdean community.
“I also notice you’re a black man, and that was your first mistake,” he said.
Sauvageau also called Officer Pillsbury a “disgrace,” and he claimed that this was the “natural result” of nepotism. Pillsbury’s mother, Mary Jane Pillsbury, is a former selectman and retired library director.
http://www.southcoasttoday.com/apps/pbcs.dll/article?AID=/20080910/NEWS/809100326
Monday, September 08, 2008
Officer Josh Senseney Arrested for Drunk Driving
ANDERSON, Ind.
Anderson police arrested one of their own over the weekend.
Police say Officer Josh Senseney was driving his truck when he collided with a car in the 4500 block of Columbus Avenue Saturday night.
The 13 year veteran was initially taken to St. John's Hospital for minor injuries, but later charged with DUI after failing a portable breath test. The driver of the car was not injured.
Officer Senseney has been placed on administrative leave pending the outcome of an investigation.
Anderson police arrested one of their own over the weekend.
Police say Officer Josh Senseney was driving his truck when he collided with a car in the 4500 block of Columbus Avenue Saturday night.
The 13 year veteran was initially taken to St. John's Hospital for minor injuries, but later charged with DUI after failing a portable breath test. The driver of the car was not injured.
Officer Senseney has been placed on administrative leave pending the outcome of an investigation.
Sunday, September 07, 2008
Detective and Deputy Charged with Beating Man Unconscious
A Baltimore City homicide detective and a Baltimore County sheriff's deputy have been charged with assault after a man was beaten until he was unconscious last September outside of a Govans barbershop while they were off duty.
Prosecutors charged Terry W. Love Jr., a nine-year veteran of the Baltimore Police Department, and Deputy Sheriff Michael Herring with second-degree assault, which carries a maximum penalty of 10 years in prison, as well as reckless endangerment and use of a deadly weapon with intent to injure. The incident occurred outside of the Detailer Barber Shop on York Road, a block from the Senator Theatre.
The charges were filed Friday, nearly a full year after the Sept. 8, 2007, incident - just before the one-year statute of limitations for misdemeanors was set to expire.
Charges against a third person were dropped last year. But family of victim Andre Thomas, 43, who is in jail on an assault charge, said they were relieved that prosecutors have continued to pursue the case.
"It does my heart well," said brother Tyrone Thomas, a pastor at the Charity Community Church of God. "My brother didn't put his hands on anybody, and they beat him literally until he was unconscious. He could have died, and they went on with their life as usual. They're supposed to uphold the law."
Sterling Clifford, a police spokesman, said Love had been suspended with pay and placed on administrative duties since the incident. With the criminal charges, he has now been suspended without pay and his police powers have been removed, Clifford said. He declined to comment on the charges, as did police union President Paul M. Blair Jr.
"Officers are presumed innocent, just like anybody else," Blair said.
Baltimore County Sheriff R. Jay Fisher did not respond to a request for comment about Herring's status. Neither Herring, 36, nor Love, 31, could be reached.
The officers are not the first to be charged in connection with the attack. Bernard Dutton, 34, a barber at Detailer, was charged the day of the incident with first-degree assault and "conspiring with an unknown person" to assault Thomas. But those charges were dropped three months later.
Thomas' brothers said that before the incident, they would get their hair cut weekly at the barbershop. According to court records from that case, Thomas went into the barbershop looking for one of his brothers and began arguing with Dutton. Thomas left the barbershop and was walking north on York Road when three men began kicking and punching him, the records say.
Another brother, Patrick Thomas, told The Baltimore Sun that Andre Thomas was first struck and knocked to the ground with a kick to the back. Court records show Andre Thomas told police that Dutton was wearing brass knuckles and that another one of the suspects was wearing a black and yellow "sheriff shirt."
In a brief interview, Dutton accused Andre Thomas of filing a "falsified police report" and said that Thomas had been "apprehended" by the officers. Later asked to clarify, he said his lawyer had instructed him not to talk about the incident.
Love's father, Terry W. Love, has been a Baltimore police officer since 1983 and has worked in the department's intelligence section. Court records indicate that last year the father and son both worked on an investigation of a homicide that occurred on The Block.
Terry Love Jr.'s suspension was mentioned in an unrelated nine-count complaint filed in February with the Equal Employment Opportunity Commission, in which Sgt. Kelvin Sewell wrote that he and Love had been subjected to unusual treatment after Love was transferred to his homicide squad in 2007.
He wrote that Love had been suspended in September 2007 "for an incident that took place off-duty."
"I was advised ... that Detective Love cannot work on any homicide investigations in or outside the office, and he is not allowed to operate any departmental vehicles while suspended," Sewell wrote. "It was explained to me that, by Detective Love working on these homicide cases, he could compromise the investigation because he's suspended."
Sewell is listed as a police witness in the assault case filed Friday.
http://www.wbaltv.com/news/17408678/detail.html
Prosecutors charged Terry W. Love Jr., a nine-year veteran of the Baltimore Police Department, and Deputy Sheriff Michael Herring with second-degree assault, which carries a maximum penalty of 10 years in prison, as well as reckless endangerment and use of a deadly weapon with intent to injure. The incident occurred outside of the Detailer Barber Shop on York Road, a block from the Senator Theatre.
The charges were filed Friday, nearly a full year after the Sept. 8, 2007, incident - just before the one-year statute of limitations for misdemeanors was set to expire.
Charges against a third person were dropped last year. But family of victim Andre Thomas, 43, who is in jail on an assault charge, said they were relieved that prosecutors have continued to pursue the case.
"It does my heart well," said brother Tyrone Thomas, a pastor at the Charity Community Church of God. "My brother didn't put his hands on anybody, and they beat him literally until he was unconscious. He could have died, and they went on with their life as usual. They're supposed to uphold the law."
Sterling Clifford, a police spokesman, said Love had been suspended with pay and placed on administrative duties since the incident. With the criminal charges, he has now been suspended without pay and his police powers have been removed, Clifford said. He declined to comment on the charges, as did police union President Paul M. Blair Jr.
"Officers are presumed innocent, just like anybody else," Blair said.
Baltimore County Sheriff R. Jay Fisher did not respond to a request for comment about Herring's status. Neither Herring, 36, nor Love, 31, could be reached.
The officers are not the first to be charged in connection with the attack. Bernard Dutton, 34, a barber at Detailer, was charged the day of the incident with first-degree assault and "conspiring with an unknown person" to assault Thomas. But those charges were dropped three months later.
Thomas' brothers said that before the incident, they would get their hair cut weekly at the barbershop. According to court records from that case, Thomas went into the barbershop looking for one of his brothers and began arguing with Dutton. Thomas left the barbershop and was walking north on York Road when three men began kicking and punching him, the records say.
Another brother, Patrick Thomas, told The Baltimore Sun that Andre Thomas was first struck and knocked to the ground with a kick to the back. Court records show Andre Thomas told police that Dutton was wearing brass knuckles and that another one of the suspects was wearing a black and yellow "sheriff shirt."
In a brief interview, Dutton accused Andre Thomas of filing a "falsified police report" and said that Thomas had been "apprehended" by the officers. Later asked to clarify, he said his lawyer had instructed him not to talk about the incident.
Love's father, Terry W. Love, has been a Baltimore police officer since 1983 and has worked in the department's intelligence section. Court records indicate that last year the father and son both worked on an investigation of a homicide that occurred on The Block.
Terry Love Jr.'s suspension was mentioned in an unrelated nine-count complaint filed in February with the Equal Employment Opportunity Commission, in which Sgt. Kelvin Sewell wrote that he and Love had been subjected to unusual treatment after Love was transferred to his homicide squad in 2007.
He wrote that Love had been suspended in September 2007 "for an incident that took place off-duty."
"I was advised ... that Detective Love cannot work on any homicide investigations in or outside the office, and he is not allowed to operate any departmental vehicles while suspended," Sewell wrote. "It was explained to me that, by Detective Love working on these homicide cases, he could compromise the investigation because he's suspended."
Sewell is listed as a police witness in the assault case filed Friday.
http://www.wbaltv.com/news/17408678/detail.html
Saturday, September 06, 2008
Federal Officer Charged with Trafficking in Exchange for Sexual Device
A federal officer was arrested Friday and charged with trafficking in undocumented immigrants in exchange for a sexual device, Cialis pills - used to treat erectile dysfunction - and $2,150 in cash.
A federal grand jury indicted U.S. Department of Homeland Security Customs and Border Protection officer Guadalupe Garza, 64, on Sept. 2.
The indictment charges Garza with 13 counts of conspiracy to transport aliens, transporting them within the United States, bringing them into the country, and bribery.
Officials believe Garza was part of a conspiracy that moved the undocumented immigrants by vehicle or guided them on foot.
Court records show that another or other defendants might have been charged, but those documents remained sealed Friday.
The indictment notes that the activity took place from May 2007 through February 2008.
Garza appeared Friday before U.S. Magistrate Judge B. Janice Ellington. She set a $25,000 cash bond.
Arraignment is set for 1:30 p.m. Tuesday.
At a glance:
U.S. Department of Homeland Security Customs and Border Protection officer Guadalupe Garza, 64, indicted Sept. 2 by a federal grand jury in the U.S. District Court Southern District of Texas.
>Count 1: conspiracy to transport aliens
>Counts 2-3: transporting aliens in the U.S.
>Counts 4-8: bringing aliens into the U.S.
>Counts 9-13: bribery
Penalty: For counts 1-3, up to five years in prison and/or a $250,000 fine: counts 4-8, from three to 10 years in prison and/or a $250,000 fine; and for counts 9-13, up to 15 years in prison and/or a $250,000 fine.
Source: U.S. District Court Southern District of Texas
http://www.brownsvilleherald.com/news/pills_89765___article.html/accused_sex.html
A federal grand jury indicted U.S. Department of Homeland Security Customs and Border Protection officer Guadalupe Garza, 64, on Sept. 2.
The indictment charges Garza with 13 counts of conspiracy to transport aliens, transporting them within the United States, bringing them into the country, and bribery.
Officials believe Garza was part of a conspiracy that moved the undocumented immigrants by vehicle or guided them on foot.
Court records show that another or other defendants might have been charged, but those documents remained sealed Friday.
The indictment notes that the activity took place from May 2007 through February 2008.
Garza appeared Friday before U.S. Magistrate Judge B. Janice Ellington. She set a $25,000 cash bond.
Arraignment is set for 1:30 p.m. Tuesday.
At a glance:
U.S. Department of Homeland Security Customs and Border Protection officer Guadalupe Garza, 64, indicted Sept. 2 by a federal grand jury in the U.S. District Court Southern District of Texas.
>Count 1: conspiracy to transport aliens
>Counts 2-3: transporting aliens in the U.S.
>Counts 4-8: bringing aliens into the U.S.
>Counts 9-13: bribery
Penalty: For counts 1-3, up to five years in prison and/or a $250,000 fine: counts 4-8, from three to 10 years in prison and/or a $250,000 fine; and for counts 9-13, up to 15 years in prison and/or a $250,000 fine.
Source: U.S. District Court Southern District of Texas
http://www.brownsvilleherald.com/news/pills_89765___article.html/accused_sex.html
Correction Officer James Gallichio Charged with Having Sex with Inmate
FLEMINGTON
A corrections officer accused of having a five-month sexual relationship with an inmate at a Hunterdon County women's prison has been indicted on sexual assault and official misconduct charges, according to authorities.
James Gallichio, 24, of Clifton, a corrections officer at Edna Mahan Correctional Facility for Women in Union Township, Hunterdon, is facing the second-degree charges after an unidentified inmate told investigators that she and Gallichio had a "mutual sexual relationship'' inside the prison, according to a probable cause affidavit.
Court papers state Gallichio got a cell phone so that the inmate could call him "numerous times throughout the day'' from her cottage, or unit, inside the facility. In all, police said they captured 894 phone calls between the two from November 2007 to March 2008.
Because the conversations were done over a recorded line, investigators said they heard the pair professing their love for one another and also taped Gallichio mentioning that he brought the inmate a "wand'' that "tells you something,'' according to court papers.
The inmate said Gallichio had brought the "wand,'' a code name for a pregnancy test, because she thought she was pregnant, according to investigators.
Gallichio was hired as a corrections officer in July 2006 and his yearly salary is $52,553, according to a state Department of Corrections spokesman.
As of today, Gallichio was listed as actively employed, although that could change pending his legal status, said the spokesman, Matthew Schuman.
A corrections officer accused of having a five-month sexual relationship with an inmate at a Hunterdon County women's prison has been indicted on sexual assault and official misconduct charges, according to authorities.
James Gallichio, 24, of Clifton, a corrections officer at Edna Mahan Correctional Facility for Women in Union Township, Hunterdon, is facing the second-degree charges after an unidentified inmate told investigators that she and Gallichio had a "mutual sexual relationship'' inside the prison, according to a probable cause affidavit.
Court papers state Gallichio got a cell phone so that the inmate could call him "numerous times throughout the day'' from her cottage, or unit, inside the facility. In all, police said they captured 894 phone calls between the two from November 2007 to March 2008.
Because the conversations were done over a recorded line, investigators said they heard the pair professing their love for one another and also taped Gallichio mentioning that he brought the inmate a "wand'' that "tells you something,'' according to court papers.
The inmate said Gallichio had brought the "wand,'' a code name for a pregnancy test, because she thought she was pregnant, according to investigators.
Gallichio was hired as a corrections officer in July 2006 and his yearly salary is $52,553, according to a state Department of Corrections spokesman.
As of today, Gallichio was listed as actively employed, although that could change pending his legal status, said the spokesman, Matthew Schuman.
Wrongly Accused Man May Sue
HAINES CITY
Jean Chery, the Polk County School bus driver who was mistaken by police for a fugitive with the same name, will meet with Florida Civil Rights Association lawyers Monday in Orlando, FCRA announced Saturday.
Chery said Saturday he was unsure whether to pursue legal action.
Haines City police officer Daniel Barnard arrested Chery on Aug. 26 after Chery approached him to ask a question.
Barnard ran Chery's name and discovered a warrant for Chery's arrest from New York City police. Chery spent a day and a half in jail before authorities determined he was not the New York Jean Chery and released him.
"The arrest and imprisonment of Jean Georges Chery of Polk County, Florida demostrates [sic] a clear and reckless act of sloppy police work," wrote FCRA president J. Willie David III in a news release.
David said Haines City police and the Polk County Sheriff's Office "deliberately ignored" facts about Chery that would have shown they had the wrong person.
Chery is a 45-year-old Haitian-born man with a wife and three children who has claimed to have never been to New York. He's lived in Florida for 17 years without a single arrest or traffic violation, Chery said, and passed an FBI background check before he was hired by the Polk County School Board in August 2007.
According to David, the Chery of New York is a white female wanted on a felony assault charge from Manhattan in 1997.
He said law enforcement could have avoided arresting Jean Chery of Haines City based on any number of comparisons, including the differences between each Chery's middle name, national origin, race/color, sex, age, birthdate, and address.
A Haines City police representative said Saturday no one would be available to speak to a reporter until Monday.
According to Donna Wood of the Polk County Sheriff's Office, the mistake originated from the national crime database, which listed Jean Chery of New York as a male.
Chery's arrest was questioned at book-in because another document out of New York City listed Chery as female, Wood said, but NYPD requested that Chery be held because the charge was a violent felony, and they wanted a fingerprint comparison.
After two attempts to get fingerprints from NYPD, Wood said, the Sheriff's Office determined Chery of Polk County was not their man, and released him from jail.
The problem had started Aug. 20, David said. After applying for a security guard license, Chery received a letter from the Florida Department of Agriculture and Consumer Services explaining that they had conducted a background check and found criminal justice information that made Chery ineligible for licensure, David said. Chery said he learned about the warrant when he inquired about the letter, and was told to get copies of his fingerprints to clear his name.
When Chery stopped Barnard in the parking lot of Publix on 17-92 in Haines City on Aug. 26, he explained his situation and asked if it would be possible to get his fingerprints taken at the police station.
Barnard's incident report reads: "On the above date time and location I was flagged down by the suspect in reference to a legal question about a warrant he was told he has out of New York City, I then ran the suspect through FCIC/NCIC via dispatch and was advised that he did have a warrant and they wanted me to hold the suspect ... [sic]"
According to the report, Barnard noted that Chery's birth date was different from the birth date on the warrant. Nevertheless, NYPD wanted police to hold Chery until they could confirm his identity with fingerprints, the report said. Barnard arrested Chery.
In the FCRA news release, David described three more incidents after Chery's arrest.
On Aug. 29, David said, the Sheriff's Office charged Chery $39 to perform a fingerprint comparison with NYPD. Wood said the $39 was not for a comparison but was a standard book-in fee, and that Chery was reimbursed.
On Sept. 4, two deputies went to Chery's home and asked him to sign an agreement releasing the Sheriff's Office from liability.
David said Chery, whose first language is not English, was pressured to sign the document and accept a $500 check on behalf of Haines City police, the Sheriff's Office, Polk County commissioners and Polk County Sheriff Grady Judd. One of the deputies told Chery he needed to sign the form so the sheriff wouldn't think they took the check for themselves, David said.
Wood said David's statement is not true. The Sheriff's Office called Chery and asked to meet with him at his house. The two lieutenants who went to the house offered Chery an apology and a $500 settlement for his missed wages and the inconvenience of having been held. Chery declined the money, Wood said, but agreed to sign the waiver stating that he and the Sheriff's Office had reached an agreement. The School Board paid Chery his missed wages.
At 10 p.m. that night, another deputy went to Chery's home to deliver a letter stating Chery's prints were not the same as the fugitive Jean Chery from New York, David said. The deputy told Chery to keep the letter in case he was stopped by police.
"Mr. Chery told Lt. Henry and Lt. Williams that he was not upset with the Polk County Sheriff's Office and he was pleased with the extra phone calls and the fact that we treated him graciously. This settlement offer was made in good faith, and is standard agency policy - it was not deceptive, misleading, or coercive," Wood said in a statement.
Reached at home Saturday, Chery said he had not yet decided whether to file a lawsuit.
"I think they discriminated against me," Chery said.
Jean Chery, the Polk County School bus driver who was mistaken by police for a fugitive with the same name, will meet with Florida Civil Rights Association lawyers Monday in Orlando, FCRA announced Saturday.
Chery said Saturday he was unsure whether to pursue legal action.
Haines City police officer Daniel Barnard arrested Chery on Aug. 26 after Chery approached him to ask a question.
Barnard ran Chery's name and discovered a warrant for Chery's arrest from New York City police. Chery spent a day and a half in jail before authorities determined he was not the New York Jean Chery and released him.
"The arrest and imprisonment of Jean Georges Chery of Polk County, Florida demostrates [sic] a clear and reckless act of sloppy police work," wrote FCRA president J. Willie David III in a news release.
David said Haines City police and the Polk County Sheriff's Office "deliberately ignored" facts about Chery that would have shown they had the wrong person.
Chery is a 45-year-old Haitian-born man with a wife and three children who has claimed to have never been to New York. He's lived in Florida for 17 years without a single arrest or traffic violation, Chery said, and passed an FBI background check before he was hired by the Polk County School Board in August 2007.
According to David, the Chery of New York is a white female wanted on a felony assault charge from Manhattan in 1997.
He said law enforcement could have avoided arresting Jean Chery of Haines City based on any number of comparisons, including the differences between each Chery's middle name, national origin, race/color, sex, age, birthdate, and address.
A Haines City police representative said Saturday no one would be available to speak to a reporter until Monday.
According to Donna Wood of the Polk County Sheriff's Office, the mistake originated from the national crime database, which listed Jean Chery of New York as a male.
Chery's arrest was questioned at book-in because another document out of New York City listed Chery as female, Wood said, but NYPD requested that Chery be held because the charge was a violent felony, and they wanted a fingerprint comparison.
After two attempts to get fingerprints from NYPD, Wood said, the Sheriff's Office determined Chery of Polk County was not their man, and released him from jail.
The problem had started Aug. 20, David said. After applying for a security guard license, Chery received a letter from the Florida Department of Agriculture and Consumer Services explaining that they had conducted a background check and found criminal justice information that made Chery ineligible for licensure, David said. Chery said he learned about the warrant when he inquired about the letter, and was told to get copies of his fingerprints to clear his name.
When Chery stopped Barnard in the parking lot of Publix on 17-92 in Haines City on Aug. 26, he explained his situation and asked if it would be possible to get his fingerprints taken at the police station.
Barnard's incident report reads: "On the above date time and location I was flagged down by the suspect in reference to a legal question about a warrant he was told he has out of New York City, I then ran the suspect through FCIC/NCIC via dispatch and was advised that he did have a warrant and they wanted me to hold the suspect ... [sic]"
According to the report, Barnard noted that Chery's birth date was different from the birth date on the warrant. Nevertheless, NYPD wanted police to hold Chery until they could confirm his identity with fingerprints, the report said. Barnard arrested Chery.
In the FCRA news release, David described three more incidents after Chery's arrest.
On Aug. 29, David said, the Sheriff's Office charged Chery $39 to perform a fingerprint comparison with NYPD. Wood said the $39 was not for a comparison but was a standard book-in fee, and that Chery was reimbursed.
On Sept. 4, two deputies went to Chery's home and asked him to sign an agreement releasing the Sheriff's Office from liability.
David said Chery, whose first language is not English, was pressured to sign the document and accept a $500 check on behalf of Haines City police, the Sheriff's Office, Polk County commissioners and Polk County Sheriff Grady Judd. One of the deputies told Chery he needed to sign the form so the sheriff wouldn't think they took the check for themselves, David said.
Wood said David's statement is not true. The Sheriff's Office called Chery and asked to meet with him at his house. The two lieutenants who went to the house offered Chery an apology and a $500 settlement for his missed wages and the inconvenience of having been held. Chery declined the money, Wood said, but agreed to sign the waiver stating that he and the Sheriff's Office had reached an agreement. The School Board paid Chery his missed wages.
At 10 p.m. that night, another deputy went to Chery's home to deliver a letter stating Chery's prints were not the same as the fugitive Jean Chery from New York, David said. The deputy told Chery to keep the letter in case he was stopped by police.
"Mr. Chery told Lt. Henry and Lt. Williams that he was not upset with the Polk County Sheriff's Office and he was pleased with the extra phone calls and the fact that we treated him graciously. This settlement offer was made in good faith, and is standard agency policy - it was not deceptive, misleading, or coercive," Wood said in a statement.
Reached at home Saturday, Chery said he had not yet decided whether to file a lawsuit.
"I think they discriminated against me," Chery said.
Friday, September 05, 2008
Officers Plan to Plead Not Guilty
SCHENECTADY
Three city officers accused of beating a drunken driving suspect last winter are scheduled to be arraigned today on criminal charges related to the altercation.
Attorneys for patrolmen Andrew Karaskiewicz and Eric Reyell say their clients plan to plead not guilty to charges in an indictment which is expected to be unsealed by County Court Judge Karen Drago.
Sources familiar with the investigation who requested anonymity identified the third officer facing charges for his alleged role in the incident as Officer Gregory Hafensteiner.
Cheryl Coleman, who represents Reyell, said an official with the state Attorney General's office told her to make arrangements to have her client fingerprinted and processed.
"Obviously they are charging him with something," she said.
Attorney General's office spokesman John Milgrim declined comment. The agency is looking into the allegations related to an incident involving Donald L. Randolph on Dec. 7. The Pattersonville man claims Hafensteiner, Reyell, Karaskiewicz, Daryl Mallard and Kevin Derkowski beat and kicked him at a Union Street McDonald's parking lot and again at Union and McClellan streets. The officers have been on paid leave since late December.
In May, Randolph pleaded guilty in City Court to a misdemeanor second-degree unlicensed motor vehicle operation after originally facing felony driving while intoxicated and a harassment violation. He is suing the department.
The latest development on the brutality case comes as the city is poised to name a new chief in a bid to regain public confidence after various criminal charges against police officers.
Though he stressed he had no official word the officers would be indicted, city Councilman Gary McCarthy, who also chairs the public safety committee, said the latest "self-inflicted wound" is bad news and "another unfortunate incident in the history of the police department," he said.
Three city officers accused of beating a drunken driving suspect last winter are scheduled to be arraigned today on criminal charges related to the altercation.
Attorneys for patrolmen Andrew Karaskiewicz and Eric Reyell say their clients plan to plead not guilty to charges in an indictment which is expected to be unsealed by County Court Judge Karen Drago.
Sources familiar with the investigation who requested anonymity identified the third officer facing charges for his alleged role in the incident as Officer Gregory Hafensteiner.
Cheryl Coleman, who represents Reyell, said an official with the state Attorney General's office told her to make arrangements to have her client fingerprinted and processed.
"Obviously they are charging him with something," she said.
Attorney General's office spokesman John Milgrim declined comment. The agency is looking into the allegations related to an incident involving Donald L. Randolph on Dec. 7. The Pattersonville man claims Hafensteiner, Reyell, Karaskiewicz, Daryl Mallard and Kevin Derkowski beat and kicked him at a Union Street McDonald's parking lot and again at Union and McClellan streets. The officers have been on paid leave since late December.
In May, Randolph pleaded guilty in City Court to a misdemeanor second-degree unlicensed motor vehicle operation after originally facing felony driving while intoxicated and a harassment violation. He is suing the department.
The latest development on the brutality case comes as the city is poised to name a new chief in a bid to regain public confidence after various criminal charges against police officers.
Though he stressed he had no official word the officers would be indicted, city Councilman Gary McCarthy, who also chairs the public safety committee, said the latest "self-inflicted wound" is bad news and "another unfortunate incident in the history of the police department," he said.
Officer Juan Hurtado Tapia Pleads Not Guilty on Federal Charges
SAN DIEGO
A police officer pleaded not guilty to federal charges of using his position to pass information about an investigation to drug suspects.
San Diego police Officer Juan Hurtado Tapia, 38, was arraigned Wednesday in U.S. District Court on charges of obstruction, fraud and making false statements.
A federal complaint alleges he used a police computer to run criminal history checks for suspects in a drug-trafficking ring, and in at least one case warned a suspect not to cross the border into Mexico.
Agents questioned Tapia in July, and he denied warning one of the suspects, the complaint states.
In wiretapped phone conversations in May, investigators heard two men discuss information they received from a police officer they referred to as "Corrupto," the complaint alleges.
Federal authorities said they later identified the officer as Tapia, who remains in federal custody.
FBI agents also arrested four suspects on drug-trafficking charges.
http://www.signonsandiego.com/news/metro/20080904-9999-1m4federal.html
A police officer pleaded not guilty to federal charges of using his position to pass information about an investigation to drug suspects.
San Diego police Officer Juan Hurtado Tapia, 38, was arraigned Wednesday in U.S. District Court on charges of obstruction, fraud and making false statements.
A federal complaint alleges he used a police computer to run criminal history checks for suspects in a drug-trafficking ring, and in at least one case warned a suspect not to cross the border into Mexico.
Agents questioned Tapia in July, and he denied warning one of the suspects, the complaint states.
In wiretapped phone conversations in May, investigators heard two men discuss information they received from a police officer they referred to as "Corrupto," the complaint alleges.
Federal authorities said they later identified the officer as Tapia, who remains in federal custody.
FBI agents also arrested four suspects on drug-trafficking charges.
http://www.signonsandiego.com/news/metro/20080904-9999-1m4federal.html
Lt. Keith Buckley Charged with Killing Colleague
TRENTON, N.J.
A North Brunswick police lieutenant has been charged with vehicular homicide in the death of a fellow officer following a high-speed car crash last month.
According to investigators, 40-year-old Lt. Keith Buckley allegedly was driving at least 94 mph in a 45 mph zone on Aug. 12 in a rented Dodge Viper. The car crashed into a utility pole, killing 41-year-old Lt. Christopher Zerby, police said.
Zerby was a 15-year veteran of the force and in charge of the North Brunswick police's traffic safety division.
Buckley, an 18-year veteran of the department and head of the patrol division, suffered minor injuries in the crash.
Buckley also is charged with reckless driving and speeding. If convicted of vehicular homicide, he faces a maximum sentence of 10 years in prison.
Police said alcohol and drugs were not factors in the crash.
http://www.nj.com/news/ledger/index.ssf?/base/news-13/122067571263230.xml&coll=1
A North Brunswick police lieutenant has been charged with vehicular homicide in the death of a fellow officer following a high-speed car crash last month.
According to investigators, 40-year-old Lt. Keith Buckley allegedly was driving at least 94 mph in a 45 mph zone on Aug. 12 in a rented Dodge Viper. The car crashed into a utility pole, killing 41-year-old Lt. Christopher Zerby, police said.
Zerby was a 15-year veteran of the force and in charge of the North Brunswick police's traffic safety division.
Buckley, an 18-year veteran of the department and head of the patrol division, suffered minor injuries in the crash.
Buckley also is charged with reckless driving and speeding. If convicted of vehicular homicide, he faces a maximum sentence of 10 years in prison.
Police said alcohol and drugs were not factors in the crash.
http://www.nj.com/news/ledger/index.ssf?/base/news-13/122067571263230.xml&coll=1
Officer Freddy Guedea Accused of Interfering with an Emergency Call
A Sherman peace officer turns himself in to the police department. The seven-year veteran is accused of interfering with an emergency call, a call investigators say his wife was making.
At a news conference Wednesday afternoon, Sherman police Sergeant Bruce Dawsey said the law is the law and it doesn't matter your occupation. He adds that the particular officer involved has never been in trouble with the department before.
Tuesday, a warrant was issued for Federico Guedea.
The 42 year-old turned himself in to the Grayson county jail just before seven Tuesday night. He posted a $1,500 bond and was released the same day.
On August 15th, Sherman Police say that dispatchers got a 911 call from a cell phone... a woman was heard crying and a male voice yelling... then the phone went dead.
Sergeant Dawsey explains how police responded.
"A 911 call was received. It was an open line and officers could hear voices over the phone that they recognized as Michelle and Freddy Guedea so they knew how to respond..typical of a cell phone."
No injuries were reported... only a cell phone was found broken.
Sergeant Dawsey says this isn't the first time fellow officers have responded to the Guedea's residence.
I am also told they do have a small child. It is unknown whether the child was in the home at the time of the incident.
Guedea is currently on paid administrative leave, pending the outcome of the police department's internal investigation.
K-10 News
At a news conference Wednesday afternoon, Sherman police Sergeant Bruce Dawsey said the law is the law and it doesn't matter your occupation. He adds that the particular officer involved has never been in trouble with the department before.
Tuesday, a warrant was issued for Federico Guedea.
The 42 year-old turned himself in to the Grayson county jail just before seven Tuesday night. He posted a $1,500 bond and was released the same day.
On August 15th, Sherman Police say that dispatchers got a 911 call from a cell phone... a woman was heard crying and a male voice yelling... then the phone went dead.
Sergeant Dawsey explains how police responded.
"A 911 call was received. It was an open line and officers could hear voices over the phone that they recognized as Michelle and Freddy Guedea so they knew how to respond..typical of a cell phone."
No injuries were reported... only a cell phone was found broken.
Sergeant Dawsey says this isn't the first time fellow officers have responded to the Guedea's residence.
I am also told they do have a small child. It is unknown whether the child was in the home at the time of the incident.
Guedea is currently on paid administrative leave, pending the outcome of the police department's internal investigation.
K-10 News
Thursday, September 04, 2008
Officer "Corrupto" Charged With Obstruction
San Diego police officer nicknamed “Corrupto” was charged yesterday with using his position to pass information about a narcotics investigation to drug-trafficking suspects.
Related documents
Tapia indictment (PDF)
Officer Juan Hurtado Tapia, 38, was arraigned on federal charges of obstruction, fraud and making false statements, the U.S. Attorney's Office said.
FBI and Drug Enforcement Administration agents arrested Tapia on Tuesday at the downtown federal building. He remained in federal custody yesterday, said David Ramirez, San Diego police executive assistant chief.
Ramirez said Tapia's police powers were revoked in August, and he was placed on unpaid leave yesterday.
“We were aware he was being looked at as a possible suspect in this case,” Ramirez said.
Tapia worked as a patrol officer in the Southern Division for his 7½ years with the department, Ramirez said. In 2005, Tapia won an award from the county Auto Theft Advisory Committee for recovering stolen cars.
A federal complaint says Tapia used a police computer to run criminal history checks for suspects in a drug-trafficking ring. It also alleges that he warned at least one suspect against trying to cross the border from Mexico one night.
San Diego police and the DEA were running separate heroin-sales investigations when they realized they were after some of the same men, the federal complaint says. The police investigation started in October. Federal authorities arrested one man, Adrian Jovan Rocha, in April on suspicion of trying to bring 14 pounds of methamphetamine into the United States.
Working together, the two agencies made drug buys and used court-authorized wiretaps to listen to dealers arranging heroin and meth deliveries. In phone conversations in May, two men talked of getting information on Rocha from a San Diego officer referred to as “Corrupto,” the complaint says.
On May 9, the complaint says, investigators learned that a San Diego patrol officer named Juan, while assigned to the Border Crimes Task Force, had seen an organizational chart naming suspects in the heroin investigation. One suspect worked for a business run by Tapia's family.
Agents arrested four trafficking suspects – William Jesus Amezcua-Flores, Alexander Florencio Mayorquin, Raul Rodriguez-Orozco and Juan Ramon Perez-Mascurro – in July. They were indicted in August and face pretrial hearings Sept. 22, Assistant U.S. Attorney Joseph Smith Jr. said.
FBI agents questioned Tapia in July, and he denied warning Mayorquin not to cross the border, the complaint says. It also says Tapia did not consider his discussion of information with Amezcua-Flores to be a warning.
U.S. Magistrate Judge Leo S. Papas set a preliminary hearing for Tapia on Sept. 16.
Officer Jim Crowley Arrested for Being Drunk While on Duty
The Aspen police chief is defending his decision to fire an officer accused of reporting to work drunk, but an attorney helping the officer says he had a hangover and hadn't been drinking immediately before going on duty.
Jim Crowley, an 18-year veteran of the Aspen force, was dismissed last week and arrested on suspicion of driving while ability-impaired and prohibited use of a weapon.
Police say Crowley smelled of alcohol when he reported on Aug. 28, and a breath test showed his blood-alcohol level at .063, above the 0.05 threshold for driving impaired. Another officer drove him home, where he was arrested later by police from nearby Snowmass Village, who were asked to take over the case.
"I know the question on some people's minds is this was a drastic action," Aspen Police Chief Richard Pryor said Tuesday. "But the distinction for me is this was behavior that is not acceptable. This was a safety issue and not something I could live with. And I've consulted with our attorney, and I believe we're on solid ground and ethical ground."
Pryor said the weapons charge was filed because Crowley had a firearm in his holster at the time he was allegedly intoxicated.
Pitkin County Assistant District Attorney Jeff Cheney said no decision had been made on whether to proceed with a criminal case.
Attorney Lawson Wills, who said he is providing legal advice to Crowley as a friend, said Crowley told him he went to work with a hangover.
"This is not a situation where he was drinking before work," he said.
Wills questioned the ability-impaired charge because, he said, no one witnessed Crowley driving to work.
Wills said he will not be Crowley's attorney in any court proceedings.
Jim Crowley, an 18-year veteran of the Aspen force, was dismissed last week and arrested on suspicion of driving while ability-impaired and prohibited use of a weapon.
Police say Crowley smelled of alcohol when he reported on Aug. 28, and a breath test showed his blood-alcohol level at .063, above the 0.05 threshold for driving impaired. Another officer drove him home, where he was arrested later by police from nearby Snowmass Village, who were asked to take over the case.
"I know the question on some people's minds is this was a drastic action," Aspen Police Chief Richard Pryor said Tuesday. "But the distinction for me is this was behavior that is not acceptable. This was a safety issue and not something I could live with. And I've consulted with our attorney, and I believe we're on solid ground and ethical ground."
Pryor said the weapons charge was filed because Crowley had a firearm in his holster at the time he was allegedly intoxicated.
Pitkin County Assistant District Attorney Jeff Cheney said no decision had been made on whether to proceed with a criminal case.
Attorney Lawson Wills, who said he is providing legal advice to Crowley as a friend, said Crowley told him he went to work with a hangover.
"This is not a situation where he was drinking before work," he said.
Wills questioned the ability-impaired charge because, he said, no one witnessed Crowley driving to work.
Wills said he will not be Crowley's attorney in any court proceedings.
Officer Christopher Russell on Administrative Leave After being charged with DUI
WELLS
A Kennebunk police officer is on administrative leave after being charged with operating under the influence stemming from an Aug. 19 motor vehicle accident.
Patrol Officer Christopher Russell, who serves as the juvenile officer and senior citizen liaison, is currently on administrative leave, said Kennebunk Police.
When contacted, Kennebunk Police Lt. Nick Higgins said the department could not comment on an allegation of criminal conduct by an on- or off-duty police officer.
"If there was an allegation that the department was made aware of there would be an investigation into that alleged conduct," said Higgins Tuesday during a phone interview.
Russell, 27, of Wells, was charged with operating under the influence after skidding through an intersection and hitting a Branch Road guardrail, said Wells police.
Attempts to reach Russell were unsuccessful.
According to Wells Police, Russell was driving down Chick Crossing Road about 11 p.m. when his sunglasses fell onto the floor of his 2002 Dodge pickup truck.
He reached down to pick up the eyewear, but was approaching a stop sign at the Branch Road (Route 9A) intersection and hit his brakes said Wells Police.
Russell went through the stop sign, running off the road and struck a guardrail causing $1,500 worth of damage to the pickup truck, Wells Police said.
No injuries were reported, police said.
Police said they responded to the scene around 11:20 p.m. after receiving reports of the accident from callers, including one place by Russell.
Wells Police Chief Jo-Ann Putnam said the sunglasses most likely slid off the dashboard and that Russell tried to pick them up so the eyewear didn't get caught on the vehicle's pedals.
"It was 11 o'clock at night, he probably didn't have (the sunglasses) on," said Putnam.
Putnam said the police have forwarded the report to the district attorney's office for review.
"I don't know of any other charges at this point," said Putnam. "We're not anticipating any further charges."
Russell is scheduled for an Oct. 30 arraignment in York District Court.
A Kennebunk police officer is on administrative leave after being charged with operating under the influence stemming from an Aug. 19 motor vehicle accident.
Patrol Officer Christopher Russell, who serves as the juvenile officer and senior citizen liaison, is currently on administrative leave, said Kennebunk Police.
When contacted, Kennebunk Police Lt. Nick Higgins said the department could not comment on an allegation of criminal conduct by an on- or off-duty police officer.
"If there was an allegation that the department was made aware of there would be an investigation into that alleged conduct," said Higgins Tuesday during a phone interview.
Russell, 27, of Wells, was charged with operating under the influence after skidding through an intersection and hitting a Branch Road guardrail, said Wells police.
Attempts to reach Russell were unsuccessful.
According to Wells Police, Russell was driving down Chick Crossing Road about 11 p.m. when his sunglasses fell onto the floor of his 2002 Dodge pickup truck.
He reached down to pick up the eyewear, but was approaching a stop sign at the Branch Road (Route 9A) intersection and hit his brakes said Wells Police.
Russell went through the stop sign, running off the road and struck a guardrail causing $1,500 worth of damage to the pickup truck, Wells Police said.
No injuries were reported, police said.
Police said they responded to the scene around 11:20 p.m. after receiving reports of the accident from callers, including one place by Russell.
Wells Police Chief Jo-Ann Putnam said the sunglasses most likely slid off the dashboard and that Russell tried to pick them up so the eyewear didn't get caught on the vehicle's pedals.
"It was 11 o'clock at night, he probably didn't have (the sunglasses) on," said Putnam.
Putnam said the police have forwarded the report to the district attorney's office for review.
"I don't know of any other charges at this point," said Putnam. "We're not anticipating any further charges."
Russell is scheduled for an Oct. 30 arraignment in York District Court.
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