A Carbon County drug court supervisor is accused of having sex with an offender and tampering with drug tests. Melanie Madill is charged in state court with custodial sexual relations and five counts of evidence tampering. All the counts are felonies punishable by up to five years in prison.
Madill was a jail corrections officer supervising offenders participating in the county's drug court. Carbon County Attorney Gene Strate said Madill developed a romantic relationship with one offender, then began helping him pass drug tests.
"She was tampering with the test to make the test come out favorable to the subjects," Strate said. "It appears on some tests she was substituting clean urine for urine from the subject." Madill then began helping a friend of that offender pass his drug tests, Strate said. In all, Madill may have helped four offenders pass drug screenings, he said.
Utah law forbids sex between law enforcement officers and inmates or people under state supervision. Madill is free on $15,000 bail. Carbon County Sheriff James Cordova on Friday said there also is an administrative investigation into Madill.
Friday, February 06, 2009
Thursday, February 05, 2009
Former Officer Daniel Huntsinger Pleads Guilty to Having Child Porn
A former Missoula police officer will plead guilty Feb. 12 to a federal charge of receiving sexually explicit photos of children over a computer owned by the police union.
Daniel Jason Huntsinger, who was hired in Missoula in January 2000, is charged with a single count of receipt of obscene material and will appear in U.S. District Court in Missoula.
Documents filed in federal court in Missoula outline the case against Huntsinger and note his agreement to plead guilty to the single federal charge.
Huntsinger, who spent more than a year on administrative leave, resigned from the Missoula Police Department last September. He had been under a cloud of suspicion since Sept. 10, 2007, when federal agents from Immigration and Customs Enforcement seized his work computer at Missoula City Hall and a laptop computer from the Missoula Police Protective Association.
At the time, police officials repeatedly declined to say why Huntsinger was on leave, citing employment privacy concerns.
According to an offer of proof filed in the case, the investigation got under way in April 2006 when ICE agents began looking at commercial Web sites that offered “pay subscriptions to pornography and erotica depicting persons under the age of 18 years of age.”
In December 2006, Huntsinger used a Sears MasterCard and a PayPal account to buy access to a Web site called “Lolitas on Holiday.” Huntsinger registered with an e-mail address of busyhands264@aol.com and used as his MasterCard address a post office box number registered to a federal drug task force to which he was detailed.
“He used a computer belonging to the Missoula Police Protective Association, of which he was then president, to access the site,” states the offer of proof from Assistant U.S. Attorney Marcia Hurd.
A forensic examination of that computer “revealed that Huntsinger had used the computer to access the purchased site, as well as used the computer to search the Internet for various other types of images,” Hurd wrote. “Some of the images found were obscene, in that they were images of persons under the age of 18 years engaged in sexually explicit conduct by the lascivious exhibition of their genital areas.”
The offer of proof said Huntsinger also had visited other Internet pornography sites involving juveniles.
The documents state that Huntsinger has agreed to plead guilty, but there is no reference to a sentencing recommendation.
The crime is punishable by up to five years in prison, a $250,000 fine and three years of supervised release. Assistant U.S. Attorney Jessica Fehr said the department would have no further comment until Huntsinger appears in court.
Jason Huntsinger was a popular officer who moved quickly up the ranks in Missoula, but his reputation eventually started to unwind on two lines.
Missoula Police Chief Mark Muir was assistant chief when the September 2007 search took place, but he put together bits and pieces of the case as time dragged on and Huntsinger remained on paid leave.
By the time Muir became chief in June 2008, he knew a handful of things.
“I knew that our computer had been taken and been returned, and I knew that the association's computer hadn't,” Muir said. “I knew a credit card had been used, and I knew he used the HIDTA (High Intensity Drug Trafficking Area) address. I also knew what ICE investigates, so I had an idea what was in the balance. But I didn't have any other evidence.”
Still, by July, Muir was ready to tell Huntsinger that his paid leave was over.
“I had to decide how long I'd let this go on,” he said. “We'd already been past two deadlines where the feds had told us they'd be done (with the investigation), and I had to make a decision as to whether the taxpayers should keep paying for this guy.”
Muir called Huntsinger in and told him he'd return him to his job if he was cleared, but for now, he was on unpaid leave.
“He told me he'd be back at work one day,” Muir said.
Less than three months later, on Sept. 25, 2008, Huntsinger called Muir and wanted to visit.
“He came in and gave me a one- or two-line resignation and that was it,” Muir said.
Huntsinger's reputation had taken another hit in March, when details of his departure from a previous police job in Downey, Calif., appeared in the Missoulian.
Based on interviews of officers and city officials in Missoula and Downey, the story revealed that Huntsinger lost his job in Downey for two reasons.
First, he had taken pictures of female crime victims for evidence. Those pictures involved intimate areas and would normally have been taken by a female officer or evidence technician.
Worse, the pictures were found in Huntsinger's personal possession rather than an evidence locker, officers aware of Huntsinger's employment told the newspaper. The women later told Downey officers they were uncomfortable with Huntsinger taking the pictures, but didn't say anything because he was a police officer.
Second, another female crime victim became concerned about Huntsinger's solicitous behavior toward her after he investigated the crime committed against her.
“She wasn't clear who the good guys were anymore,” a former Montana law enforcement official said.
Although Downey officers said Huntsinger's employment file revealed precise reasons for his departure, the Missoula Police Department's vetting process failed to find the information when he applied for work here.
Former Missoula Police Chief Pete Lawrenson said last March that he wasn't as thorough as he should have been in the hiring process.
On two subsequent occasions after his hiring, Missoula police were notified about Huntsinger's issues in Downey, but he remained on the force and eventually became a sergeant.
Then came Sept. 10, 2007, when ICE officers entered the police department and seized Huntsinger's computers.
Because Huntsinger resigned from the department last year, the federal charge won't have an effect on day-to-day operations at the police department. However, the case still may affect both the department and the city of Missoula.
Huntsinger is currently a defendant, along with the city, in a federal case filed by Dr. Walt Peschel. Peschel claims his civil rights were violated when he was arrested in 2007 while trying to help a suicidal woman.
Huntsinger was the ranking officer in that case and was also the last person to allegedly view a police video of the incident before the video disappeared.
Peschel's attorneys have argued that it's possible Huntsinger erased the video.
“I think it's fair to say that this is interesting information having to do with one of the principal officers involved in the events that gave rise to our case,” said attorney David Paoli, who represents Peschel. “It really has us looking at the hiring and retention practices at the police department.”
Huntsinger will soon be deposed in the Peschel case, Paoli said.
But first he will appear Feb. 12 in Missoula before U.S. District Judge Don Molloy.
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More Information: http://www.montanasnewsstation.com/Global/story.asp?S=9795724&nav=menu227_8
Two Glasgow Officers Threaten Witness
Two high-ranking Glasgow police officers illegally possessed pain pills and threatened a witness, a federal indictment charges.
Johnny Lee Travis, 41, and Maxie Christopher Murray, 36, face up to 21 years in prison if convicted, according to a news release from the office of Candace Hill, acting U.S. Attorney for Western Kentucky.
Police arrested the two Wednesday after they were indicted. They pleaded not guilty Thursday, according to a court document.
U.S. Magistrate Judge E. Robert Goebel ordered the two held until a detention hearing scheduled for Friday. Their attorney was not available for comment Thursday afternoon.
Glasgow Police Chief Gary Bewley said he has put Travis and Murray on paid administrative leave.
Travis and Murray are majors and assistant chiefs — the top two officers under Bewley. Travis has been a Glasgow officer for 16 years and heads the patrol division, while Murray has been with the department for 12 years and heads the criminal investigations division, Bewley said.
The indictment says that the officers conspired with each other and with others between February 2004 and January 2008 to possess hydrocodone, a painkiller, without a valid prescription.
The document also charges that they threatened a witness to try to hinder an investigation of their activities.
In November 2007, for instance, Travis told a person he could kill him if Travis found out the person was giving information to authorities.
The indictment indicates the officers suspected someone in the police department was giving information to outside authorities.
In December 2007, according to the indictment, Travis said to a witness: "When I find out where this is coming from, and I said if it is somebody in our police department, I said the (expletive) is going to pay."
Johnny Lee Travis, 41, and Maxie Christopher Murray, 36, face up to 21 years in prison if convicted, according to a news release from the office of Candace Hill, acting U.S. Attorney for Western Kentucky.
Police arrested the two Wednesday after they were indicted. They pleaded not guilty Thursday, according to a court document.
U.S. Magistrate Judge E. Robert Goebel ordered the two held until a detention hearing scheduled for Friday. Their attorney was not available for comment Thursday afternoon.
Glasgow Police Chief Gary Bewley said he has put Travis and Murray on paid administrative leave.
Travis and Murray are majors and assistant chiefs — the top two officers under Bewley. Travis has been a Glasgow officer for 16 years and heads the patrol division, while Murray has been with the department for 12 years and heads the criminal investigations division, Bewley said.
The indictment says that the officers conspired with each other and with others between February 2004 and January 2008 to possess hydrocodone, a painkiller, without a valid prescription.
The document also charges that they threatened a witness to try to hinder an investigation of their activities.
In November 2007, for instance, Travis told a person he could kill him if Travis found out the person was giving information to authorities.
The indictment indicates the officers suspected someone in the police department was giving information to outside authorities.
In December 2007, according to the indictment, Travis said to a witness: "When I find out where this is coming from, and I said if it is somebody in our police department, I said the (expletive) is going to pay."
Officer Angel Ramirez Arrested for Child Sexual Assault
MIDLAND
The Midland Independent School District has fired the police officer who was arrested and charged with sexual assault on a child and improper student/teacher relationship, according to a news release the district.
Angel Ramirez, 30, arrested Wednesday and fired Thursday.
Ramirez is charged in connection with a 14-year-old female student's complaint that Ramirez had "inappropriate conduct" with her in an incident between September and January at a north Midland home, according to reports.
A release from the Midland Police Department said the MPD is leading the investigation of Ramirez with help from the MISD police and the school district administration.
"We are committed to fully cooperating with the Midland Police Department as they lead this investigation and will assist them in every way possible as they proceed with the next phase," MISD Superintendent Sylvester Perez said in the release.
The release said Ramirez had been with the MISD Police since July 2008. The release said Ramirez, a licensed and state certified police officer, passed his criminal history background check before he was hired.
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More Information:
http://www.newswest9.com/Global/story.asp?S=9797965&nav=menu505_2
Former Officer Jerry Bristow Accused of Stealing Guns will Stand Trial
CLINTON, Ill.
A former police officer accused of taking guns from the Clinton Police Department evidence room has waived his right to a preliminary hearing and will go on trial later this year.
Jerry Bristow, who will tried on eight felony charges and one misdemeanor, is accused of taking a target pistol and shotgun on May 12, 2008; a pistol on July 3, 2008 and a revolver on August 1, 2008.
Because the revolver was valued at less than $300, it carries the misdemeanor charge. He is also charged with six counts of official misconduct.
Bristow entered a not guilty plea during his appearance Wednesday.
Bristow, who supervised the evidence room, left the force Jan. 1. An investigation by the DeWitt County Sheriff's Department led to the discovery of the missing weapons.
Bristow is free after posting $1,000 bond.
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More Information:
http://www.pantagraph.com/articles/2009/02/04/news/doc4989fa6c526d4042047083.txt
A former police officer accused of taking guns from the Clinton Police Department evidence room has waived his right to a preliminary hearing and will go on trial later this year.
Jerry Bristow, who will tried on eight felony charges and one misdemeanor, is accused of taking a target pistol and shotgun on May 12, 2008; a pistol on July 3, 2008 and a revolver on August 1, 2008.
Because the revolver was valued at less than $300, it carries the misdemeanor charge. He is also charged with six counts of official misconduct.
Bristow entered a not guilty plea during his appearance Wednesday.
Bristow, who supervised the evidence room, left the force Jan. 1. An investigation by the DeWitt County Sheriff's Department led to the discovery of the missing weapons.
Bristow is free after posting $1,000 bond.
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More Information:
http://www.pantagraph.com/articles/2009/02/04/news/doc4989fa6c526d4042047083.txt
Former Officer Bill Billings Arrested for 3 Felonies
A former Gainesville police officer turned himself in early Wednesday on three felony charges, adding to the three misdemeanors he was charged with last month. All the charges are tied to his work as a police officer.
Bill Billings, 51, turned himself in at the Alachua County jail on 4:30 a.m. on charges of grand theft, scheme to defraud and official misconduct. Bond in his case was set at $15,000. He had previously been charged with three misdemeanor prostitution counts.
The felony charges allege that Billings falsely reported he was working overtime, accepted $5,409 in unearned overtime and falsified records to show he was working overtime while he was not.
Billings' problems became public in November when the police department announced the results of an internal investigation involving Billings. The report was turned over to the State Attorney's Office.
The internal report determined that 14 women reported they had had sex with Billings for money while he was on duty, in uniform and driving marked police vehicles.
The investigation also turned up evidence used to charge Billings with the felonies for which he turned himself in on Wednesday morning.
Billings, who had been a corporal with the agency and handled recruitment for GPD's Personnel Unit, resigned from the Police Department three months before the results of the internal investigation were released.
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More Information:
http://www.alligator.org/articles/2009/02/05/news/local/090205_prostitution.txt
Trooper Sgt. Carrie Rindal Does Questionable PIT Maneuver
Minneapolis, MN
A state trooper stopped a Hudson man and arrested him for evading an officer. But the man says he was simply looking for a safe place to pull stop with his kids in the car.
Sam Salter was packed in his mini-van heading home to Hudson after at family New Year's Eve party in St. Paul.
Salter was headed eastbound at about 10:30 p.m. when a trooper put on her lights and sirens behind him. He was in the far left lane and immediately signaled to move to the right.
He says he got to the far right lane and there was nowhere to pull off because the shoulder was ice and snow and he wanted a safe place to pull over with his kids in the car, and it was dark.
He immediately got on the 61 exit and at the end of the exit takes an immediate right to a road. The trooper, Sgt. Carrie Rindal, thinks he is evading an officer and does a PIT maneuver on him (rams his van) to force him to stop.
He then and jumped out screaming, "What are you doing? I have kids in the car."
With her gun drawn and pointed at Salter, the trooper then pats him down with screaming kids in car and takes him to squad car to inform him he is under arrest and going to jail for the felony of evading an officer.
The kids stayed in van until mom arrives to pick them up.
Salter was taken to jail where he stays for almost two days. His kids ages two, three, six, all saw the altercation with the trooper and are traumatized.
Salter was not charged with the felony by Ramsey County because the county attorney said there was insufficient evidence that he was fleeing.
He was left with $1,500 damage to his van, a ticket for illegal lane change and a $140 towing fee.
Rindal is not on paid administrative leave and has been a trooper for 11 years.
YOUR TAKE: Was the trooper in the wrong?
A state trooper stopped a Hudson man and arrested him for evading an officer. But the man says he was simply looking for a safe place to pull stop with his kids in the car.
Sam Salter was packed in his mini-van heading home to Hudson after at family New Year's Eve party in St. Paul.
Salter was headed eastbound at about 10:30 p.m. when a trooper put on her lights and sirens behind him. He was in the far left lane and immediately signaled to move to the right.
He says he got to the far right lane and there was nowhere to pull off because the shoulder was ice and snow and he wanted a safe place to pull over with his kids in the car, and it was dark.
He immediately got on the 61 exit and at the end of the exit takes an immediate right to a road. The trooper, Sgt. Carrie Rindal, thinks he is evading an officer and does a PIT maneuver on him (rams his van) to force him to stop.
He then and jumped out screaming, "What are you doing? I have kids in the car."
With her gun drawn and pointed at Salter, the trooper then pats him down with screaming kids in car and takes him to squad car to inform him he is under arrest and going to jail for the felony of evading an officer.
The kids stayed in van until mom arrives to pick them up.
Salter was taken to jail where he stays for almost two days. His kids ages two, three, six, all saw the altercation with the trooper and are traumatized.
Salter was not charged with the felony by Ramsey County because the county attorney said there was insufficient evidence that he was fleeing.
He was left with $1,500 damage to his van, a ticket for illegal lane change and a $140 towing fee.
Rindal is not on paid administrative leave and has been a trooper for 11 years.
YOUR TAKE: Was the trooper in the wrong?
Trooper Charles Odom Arrested for Sexual Battery
A Florida Highway Patrol trooper has been arrested on a charge of sexual battery after a woman he pulled over Jan. 28 in Wakulla County reported the alleged assault.
Trooper Charles Odom, 52, is being held at the Leon County Jail on $250,000 bail. He was arrested about 10:30 p.m. Wednesday. He has since been fired, said Capt. Mark Welch, a spokesman for the Highway Patrol.
“Incidents like this are a black eye for all of law enforcement,” Welch said.
The woman reported the incident the day after it allegedly occurred to the Wakulla County Sheriff’s Office. Odom pulled her over on Shadeville Highway for going 4 miles over the speed limit while crossing the Wakulla River Bridge, according his arrest report. He ran her driver’s license and discovered it was suspended. He asked if she’d been drinking, and she admitted it. The woman said Odom asked her to get out of the car and then fondled her while she was leaning on the hood.
He told her to follow him to the rear parking lot of Savannah’s Restaurant, 968 Woodville Highway, where he took a picture of her breasts with his cell-phone camera and then had her perform oral sex on him, she told deputies. He then told her: “Do not say anything to anybody,” and let her go without a citation or warning, she said.
FHP is conducting an internal investigation. Odom has worked for the Highway Patrol since 2006, said Lt. Ken Ellis, an FHP spokesman for the Tallahassee area. Before that, he worked for the Wakulla County Sheriff’s Office as a patrol deputy and in corrections. He’s being housed at the Leon County Jail for his own protection.
“He’s innocent until proven guilty,” said Odom’s lawyer, Don Pumphrey. “We cannot make any comment at this time. It would not be appropriate.”
Another trooper in Jefferson County was arrested in September 2007. Kamau Bell, who was also fired at the time of his arrest, was convicted of unnatural and lascivious acts, a second-degree misdemeanor, and sentenced to 60 days in jail, a $500 fine and six months of probation, Welch said.
Bell had stopped two women who worked at an adult nightclub as dancers, and they accused him of asking them to take their tops off, Ellis said.
State Attorney Willie Meggs said: “That’s one of the reasons this is not a good thing -- You need to have respect for law-enforcement officers, and then when something like this happens, it does cause some anxiety among people, and that can and does create a problem.”
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http://www.fortmilltimes.com/124/story/448483.html
Trooper Charles Odom, 52, is being held at the Leon County Jail on $250,000 bail. He was arrested about 10:30 p.m. Wednesday. He has since been fired, said Capt. Mark Welch, a spokesman for the Highway Patrol.
“Incidents like this are a black eye for all of law enforcement,” Welch said.
The woman reported the incident the day after it allegedly occurred to the Wakulla County Sheriff’s Office. Odom pulled her over on Shadeville Highway for going 4 miles over the speed limit while crossing the Wakulla River Bridge, according his arrest report. He ran her driver’s license and discovered it was suspended. He asked if she’d been drinking, and she admitted it. The woman said Odom asked her to get out of the car and then fondled her while she was leaning on the hood.
He told her to follow him to the rear parking lot of Savannah’s Restaurant, 968 Woodville Highway, where he took a picture of her breasts with his cell-phone camera and then had her perform oral sex on him, she told deputies. He then told her: “Do not say anything to anybody,” and let her go without a citation or warning, she said.
FHP is conducting an internal investigation. Odom has worked for the Highway Patrol since 2006, said Lt. Ken Ellis, an FHP spokesman for the Tallahassee area. Before that, he worked for the Wakulla County Sheriff’s Office as a patrol deputy and in corrections. He’s being housed at the Leon County Jail for his own protection.
“He’s innocent until proven guilty,” said Odom’s lawyer, Don Pumphrey. “We cannot make any comment at this time. It would not be appropriate.”
Another trooper in Jefferson County was arrested in September 2007. Kamau Bell, who was also fired at the time of his arrest, was convicted of unnatural and lascivious acts, a second-degree misdemeanor, and sentenced to 60 days in jail, a $500 fine and six months of probation, Welch said.
Bell had stopped two women who worked at an adult nightclub as dancers, and they accused him of asking them to take their tops off, Ellis said.
State Attorney Willie Meggs said: “That’s one of the reasons this is not a good thing -- You need to have respect for law-enforcement officers, and then when something like this happens, it does cause some anxiety among people, and that can and does create a problem.”
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http://www.fortmilltimes.com/124/story/448483.html
Wednesday, February 04, 2009
Officer Lawrence Etsitty Jr Faces Sexual Assault Charges
GALLUP
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Crownpoint-based Navajo Police Officer Lawrence Etsitty Jr. may face federal charges after he allegedly sexually assaulted a 26-year-old Gallup woman while transporting her to jail.
The FBI has launched a preliminary civil rights ‘color of law’ inquiry into Etsitty, according to New Mexico FBI spokesman Todd Hulsey.
“Color of law is when any government official is acting with some authority,” Hulsey said.
Additionally, Navajo Police Department has launched its own internal affairs investigation.
Etsitty is accused of stopping en route to Crownpoint jail, pulling the handcuffed woman from the cruiser and fondling her. After about 20 minutes, he turned around and brought her to Gallup, according to the victim, whose name was withheld to protect her identity.
The victim said she and her fiancé went out for dinner and drinks with more than 10 out-of-town relatives, including a designated driver, the evening of Jan. 24. When the bar closed at 1:15 a.m., the caravan continued toward Fire Rock Casino. They arrived around 2 a.m., and everyone went inside. The victim walked in about 30 seconds behind the rest, having lingered at the car to organize her purse.
As she approached the entrance she saw her fiancé and other family members seated near the buffet, but security stopped her at the door and told her she was too drunk to enter. Two security guards escorted the victim to her fiancé and family and everyone agreed to leave, so they walked back toward the exit.
“As we were walking out I noticed a cop at the door,” she said. “The cop stopped us and said ‘I need to arrest her.’”
“For what?”
“Assault.”
She said the officer accused the 5-feet-3-inch, 120 pound victim of assaulting her 6-feet-3-inch, 220 pound fiancé during their walk from the buffet to the exit.
The rest of the family thought she was being charged with public intoxication and pleaded with the officer to let them take her home because they had a designated driver, according to a relative present at the time, whose name is withheld to protect the identity of the victim.
“Usually they just let you take them home if you have a driver,” the relative said. “My first thought was: ‘At least she is safe with a cop.’ You’re supposed to be able to trust them.”
After she was cuffed and placed in the cruiser and headed toward Crownpoint, the victim said Etsitty began mumbling to himself.
“... she could hear the officer talking to himself, saying ‘should I do it, should I do it, or shouldn’t I,” according to a Gallup Police report filed a few hours later.
The victim said that 20 to 30 minutes into the drive, Etsitty stopped near “the dunes.” He pulled to the side of the road and turned off all of the vehicle’s lights. He forcibly pulled the still-handcuffed victim from the back seat of the cruiser and told her to stand against the door. She said Etsitty repeatedly asked about her boyfriend and said he liked her as he kissed her on the mouth and inappropriately touched her. Throughout the ordeal the victim wept and pleaded with Etsitty to stop.
“The whole time I was like don’t do this ... this is wrong. Don’t do this,” she said. “To me it felt like forever ... standing out there, it could have been 15 minutes.”
Afterward Etsitty agreed to bring the victim home. But when they got back into Gallup, she didn’t want him to know where she lived. So she asked him to stop and let her use the bathroom. Etsitty parked beside a Dumpster at an apartment complex and let her out.
The victim said Etsitty wanted to help her get her pants down. She asked him not to help with her pants, but to remove the handcuffs, and Etsitty did. The victim went behind the Dumpster and out of sight, quietly removed her boots and started running. When she got home she called Gallup Police.
She said that same day she was visited by an FBI agent and an Internal Affairs Investigator from Navajo Police Department.
“Internal Affairs said he may get off with a short suspension because he didn’t actually rape me,” she said.
Trial for Former Officer Samuel White Continues
Prosecutors this morning are trying to show Samuel Kase White had a pattern of behavior they hope will help prove he sexually assaulted five women in fall 2007.
Fort Collins police Officer Jake Schneider testified he arrested White on Sept. 8, 2007, after a couple reported a prowler at a residence on East Plum Street. Schneider said he initially stopped White, who was on foot, because he was a black man in his 30s, which matched the description of the prowler provided to a police dispatcher.
The arrest was made at about 4:40 a.m. and Schneider said there was no one else walking in the area at the time.
White is not facing charges for the Sept. 8 case, but prosecutors are trying to show White had a pattern of behavior related to the assaults. The jury has been instructed by Larimer District Court Judge Terence Gilmore to consider the testimony and presentation of evidence solely for that purpose.
A Fort Collins police computer forensics analyst is also testifying this morning that he found Internet searches on White’s CSU work computer using Yahoo maps for directions from White’s home to addresses near the campus.
White is accused of sexually assaulting four women at their homes near the CSU campus and another woman in Loveland. Three of the women were CSU students at the time and said they did not know White. Two of the women said they knew White through a friend or relative.
All five women have testified against White. Prosecutors Emily Humphrey and Michelle Brinegar say they expect to wrap up their case by Thursday, while public defenders Erin Richmond and Norm Townsend say they expect to rest their case by Monday.
White is charged with five counts of felony sexual assault, five counts of burglary, one count of trespassing, one count of harassment and one count of unlawful contact.
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http://www.coloradoan.com/article/20090203/NEWS01/902030331
See www.coloradoan.com for more.
Fort Collins police Officer Jake Schneider testified he arrested White on Sept. 8, 2007, after a couple reported a prowler at a residence on East Plum Street. Schneider said he initially stopped White, who was on foot, because he was a black man in his 30s, which matched the description of the prowler provided to a police dispatcher.
The arrest was made at about 4:40 a.m. and Schneider said there was no one else walking in the area at the time.
White is not facing charges for the Sept. 8 case, but prosecutors are trying to show White had a pattern of behavior related to the assaults. The jury has been instructed by Larimer District Court Judge Terence Gilmore to consider the testimony and presentation of evidence solely for that purpose.
A Fort Collins police computer forensics analyst is also testifying this morning that he found Internet searches on White’s CSU work computer using Yahoo maps for directions from White’s home to addresses near the campus.
White is accused of sexually assaulting four women at their homes near the CSU campus and another woman in Loveland. Three of the women were CSU students at the time and said they did not know White. Two of the women said they knew White through a friend or relative.
All five women have testified against White. Prosecutors Emily Humphrey and Michelle Brinegar say they expect to wrap up their case by Thursday, while public defenders Erin Richmond and Norm Townsend say they expect to rest their case by Monday.
White is charged with five counts of felony sexual assault, five counts of burglary, one count of trespassing, one count of harassment and one count of unlawful contact.
__________________
http://www.coloradoan.com/article/20090203/NEWS01/902030331
See www.coloradoan.com for more.
Officer Mark Gore Suspended for Taking Home Patrol Car
A Philadelphia police officer who was the subject of an intense, hour-long search last Wednesday after he failed to return to the station at the end of his shift was suspended for five days without pay.
The officer, Mark Gore, 45, apparently took his patrol car home to the Stallo community because his personal vehicle was broken down, said Police Chief Dickie Sistrunk.
When Gore, a drug enforcement officer, did not return to the station at the end of his shift, police began an all-out search that eventually involved the Sheriff's Office.
Sistrunk said he initially feared for Gore's safety.
Gore went off duty in his patrol car without following proper procedures, Sistrunk said.
Gore was supposed to conclude his shift about 6 p.m. but he never radioed he was going off duty nor did he return his patrol to the station, Sistrunk said.
Others became concerned when Gore could not be reached by radio or his cellular telephone.
"I started calling him myself on his cell phone and then on my radio," Sistrunk said.
As concern for Gore's safety mounted, the police chief called for assistance from the Sheriff and one of his deputies to help search for the officer.
Gore was found along with his patrol car at his home in the Stallo community shortly after 7 p.m.
"His personal car had broken down," Sistrunk said, "so he took the patrol unit home."
The officer, Mark Gore, 45, apparently took his patrol car home to the Stallo community because his personal vehicle was broken down, said Police Chief Dickie Sistrunk.
When Gore, a drug enforcement officer, did not return to the station at the end of his shift, police began an all-out search that eventually involved the Sheriff's Office.
Sistrunk said he initially feared for Gore's safety.
Gore went off duty in his patrol car without following proper procedures, Sistrunk said.
Gore was supposed to conclude his shift about 6 p.m. but he never radioed he was going off duty nor did he return his patrol to the station, Sistrunk said.
Others became concerned when Gore could not be reached by radio or his cellular telephone.
"I started calling him myself on his cell phone and then on my radio," Sistrunk said.
As concern for Gore's safety mounted, the police chief called for assistance from the Sheriff and one of his deputies to help search for the officer.
Gore was found along with his patrol car at his home in the Stallo community shortly after 7 p.m.
"His personal car had broken down," Sistrunk said, "so he took the patrol unit home."
Officer Johnnie T Keyes Charged with Stealing Radar Detector
A Philadelphia police officer was placed on administrative leave last week and resigned Tuesday after he admitted taking a radar detector from a vehicle he pulled over.
Patrolmen Johnnie T. Keyes was charged in an affidavit with taking a Cobra radar detector from the vehicle following a traffic stop on Valley View Drive on Monday, Jan. 26.
Keyes has not been arrested pending a hearing before a circuit judge to establish probable cause, said Police Chief Dickie Sistrunk.
The hearing is set for Friday at 9 a.m.
The driver of the vehicle was arrested on an outstanding warrant for simple assault and taken to jail by another officer while Keyes remained behind waiting for a wrecker, Sistrunk said.
The man realized that the radar detector was missing after he got out of jail and reported the theft to police, Sistrunk said.
The man talked with the wrecker driver and was told there was no radar detector inside when the vehicle was towed.
Sistrunk said police filed a report on the missing radar detector and in the mean time the man, Derrick Henley, signed an affidavit accusing another officer.
After an internal investigation, Keyes admitted to having the radar detector which police later retrieved at his residence, Sistrunk said.
"The law says you cannot arrest a police officer until he has had a hearing before a circuit court judge to establish probably cause," Sistrunk said.
Sistrunk was to bring the incident before the Mayor and Board of Aldermen at its regularly scheduled meeting Tuesday night.
David Brackett, the other officer involved in the traffic stop, was cleared of any wrongdoing.
Keyes was hired as a patrolman with the police department on April 16, 2008.
Sistrunk expressed concern about the officer's actions.
"People entrust my officers to serve and protect them," he said. "This shows that my officers are no better than anybody else. Our department will investigate and take corrective action which something like this occurs."
Another officer resigned last year after he admitted to shoplifting while on duty.
Sgt. Toby Wilson, 59, of 527 John C. Stennis Dr., Louisville, resigned last August after he was caught on surveillance tape taking a can of Pepsi from a convenience store without paying for it.
No charges were filed.
Another officer was suspended for five days without pay for unauthorized use of a patrol car. (SEE Other Post)
Patrolmen Johnnie T. Keyes was charged in an affidavit with taking a Cobra radar detector from the vehicle following a traffic stop on Valley View Drive on Monday, Jan. 26.
Keyes has not been arrested pending a hearing before a circuit judge to establish probable cause, said Police Chief Dickie Sistrunk.
The hearing is set for Friday at 9 a.m.
The driver of the vehicle was arrested on an outstanding warrant for simple assault and taken to jail by another officer while Keyes remained behind waiting for a wrecker, Sistrunk said.
The man realized that the radar detector was missing after he got out of jail and reported the theft to police, Sistrunk said.
The man talked with the wrecker driver and was told there was no radar detector inside when the vehicle was towed.
Sistrunk said police filed a report on the missing radar detector and in the mean time the man, Derrick Henley, signed an affidavit accusing another officer.
After an internal investigation, Keyes admitted to having the radar detector which police later retrieved at his residence, Sistrunk said.
"The law says you cannot arrest a police officer until he has had a hearing before a circuit court judge to establish probably cause," Sistrunk said.
Sistrunk was to bring the incident before the Mayor and Board of Aldermen at its regularly scheduled meeting Tuesday night.
David Brackett, the other officer involved in the traffic stop, was cleared of any wrongdoing.
Keyes was hired as a patrolman with the police department on April 16, 2008.
Sistrunk expressed concern about the officer's actions.
"People entrust my officers to serve and protect them," he said. "This shows that my officers are no better than anybody else. Our department will investigate and take corrective action which something like this occurs."
Another officer resigned last year after he admitted to shoplifting while on duty.
Sgt. Toby Wilson, 59, of 527 John C. Stennis Dr., Louisville, resigned last August after he was caught on surveillance tape taking a can of Pepsi from a convenience store without paying for it.
No charges were filed.
Another officer was suspended for five days without pay for unauthorized use of a patrol car. (SEE Other Post)
Roney Wilson Dies Aftrer Being Tasered Three Times
TAMPA
A man who was Tasered by deputies three times died due to "delirium with agitation due to schizoaffective disorder," Hillsborough Associate Medical Examiner Leszek Chrostowski said this morning.
Roney Wilson, 46, died Sept. 11 after his family called on deputies to help them. Wilson had become upset, climbed inside his mother's Nissan Frontier, smashed out the windshield with his fist and refused to budge.
Chrostowski said he can't say whether the use of the Taser itself contributed to Wilson's death. But he did determine that one contributing cause was "physical stress" and he called the manner of death "homicide," citing Wilson's "physical resistence to attempted restraint by police."
Wilson, Chrostowski said, was already in state of delirium when deputies arrived. He had a small amount of alcohol in his blood, as well as prescription antidepressants cyclobenzaprine, doxapine and mirtazapine. Chrostowski said one of those three medications was found in a slightly higher amount than would be expected in a clinical dose.
"All of these medications can cause agitation themselves," he said. "If you put stress of apprehension on top of this, this . . . causes physiological collapse and people die. There's nothing completely unusual about that."
Chrostowski explained that the word homicide when used by the medical examiner does nothing to suggest intent to kill, but does indicate that a contributing factor in his death was "the hands of others."
"It doesn't matter how much it is contributory - 1 percent, 50 percent or 90 percent," Chrostowski said. He said there was a lot of discussion at his office about his decision to call the manner of death a homicide. For example, even in the case in which a person dies by lethal injection under order of law, a medical examiner refers to the manner of death as homicide.
"I cannot change how the definition works only because it's a police officer," he said. "I think that for the sake of consistency, we have to call it a homicide. It doesn't mean they intended to kill."
Dick Bailey, public information officer for the medical examiner, said it would be a while before the actual report is made public. For now, Chrostowski's findings will be sent to the Hillsborough County State Attorney's Office for review. Bailey said that's a matter of course any time the manner of death is homicide.
Hillsborough Sheriff's spokeswoman Debbie Carter said a preliminary investigation into the use of force found no fault with the deputies' actions. Deputies Mary Angelo, Jessica Guthrie and Dustin Hartline returned to work shortly after the incident, she said. (Angelo, who used the Taser, is married to St. Petersburg Times researcher John Martin.)
The Sheriff's Office has not seen the report, but will review it with the State Attorney's Office when it becomes available, Carter said.
Click on these links to read more about Wilson's death and Taser International's interest in medical examiner findings.
A man who was Tasered by deputies three times died due to "delirium with agitation due to schizoaffective disorder," Hillsborough Associate Medical Examiner Leszek Chrostowski said this morning.
Roney Wilson, 46, died Sept. 11 after his family called on deputies to help them. Wilson had become upset, climbed inside his mother's Nissan Frontier, smashed out the windshield with his fist and refused to budge.
Chrostowski said he can't say whether the use of the Taser itself contributed to Wilson's death. But he did determine that one contributing cause was "physical stress" and he called the manner of death "homicide," citing Wilson's "physical resistence to attempted restraint by police."
Wilson, Chrostowski said, was already in state of delirium when deputies arrived. He had a small amount of alcohol in his blood, as well as prescription antidepressants cyclobenzaprine, doxapine and mirtazapine. Chrostowski said one of those three medications was found in a slightly higher amount than would be expected in a clinical dose.
"All of these medications can cause agitation themselves," he said. "If you put stress of apprehension on top of this, this . . . causes physiological collapse and people die. There's nothing completely unusual about that."
Chrostowski explained that the word homicide when used by the medical examiner does nothing to suggest intent to kill, but does indicate that a contributing factor in his death was "the hands of others."
"It doesn't matter how much it is contributory - 1 percent, 50 percent or 90 percent," Chrostowski said. He said there was a lot of discussion at his office about his decision to call the manner of death a homicide. For example, even in the case in which a person dies by lethal injection under order of law, a medical examiner refers to the manner of death as homicide.
"I cannot change how the definition works only because it's a police officer," he said. "I think that for the sake of consistency, we have to call it a homicide. It doesn't mean they intended to kill."
Dick Bailey, public information officer for the medical examiner, said it would be a while before the actual report is made public. For now, Chrostowski's findings will be sent to the Hillsborough County State Attorney's Office for review. Bailey said that's a matter of course any time the manner of death is homicide.
Hillsborough Sheriff's spokeswoman Debbie Carter said a preliminary investigation into the use of force found no fault with the deputies' actions. Deputies Mary Angelo, Jessica Guthrie and Dustin Hartline returned to work shortly after the incident, she said. (Angelo, who used the Taser, is married to St. Petersburg Times researcher John Martin.)
The Sheriff's Office has not seen the report, but will review it with the State Attorney's Office when it becomes available, Carter said.
Click on these links to read more about Wilson's death and Taser International's interest in medical examiner findings.
Judge Bill Atchinson Arrested on Drug Charges
GULFPORT, MS
Gulfport Municipal Judge Bill Atchison has been arrested on drug charges.
Atchison is charged with nine counts of prescription drug fraud. He was released on a $90,000 bond.
John Kelly, the city of Gulfport's chief administrative officer and former municipal court administrator, issued the following statement:
"We have been notified by state authorities regarding the accusations involving Municipal Judge Bill Atchison and they are upsetting to all of us. We are keeping Bill and his family in our prayers.
Judge Atchison is on administrative leave and the city has several other judges assigned to municipal court who will continue to hear cases on a daily basis.
In recent years we have made tremendous strides to assure that our court runs smoothly and honorably. The court recently installed a new filing system and doubled the budget for public defenders. The court has also adopted a new set of court rules that are currently being reviewed by the Mississippi Supreme Court as rules that could be used by all municipal courts throughout the state.
The city is building a 65,000-square-foot facility at the corner of 23rd Avenue and 15th Street in downtown. The plan is to relocate the city's police department headquarters, municipal court and other services to the new Rob Curry Municipal Complex sometime next year.
Our court is making significant progress every day and we must continue to move forward.
Again, we wish Judge Atchison and his family all the best in the coming weeks and months.
Sincerely,
John Kelly
Chief Administrative Officer
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http://www.sunherald.com/newsupdates/story/1117395.html
Video Shows Officer Forcefully Punching Woman in Face
A video released as part of a lawsuit against police in Millville, Philadelphia, shows an officer forcefully punching a woman in the face four times after he bungled an attempt to arrest her for riding a bike on the sidewalk.
As reported by NBC news, Sheila Stevenson, 42, has filed a civil suit alleging police used excessive force, after then-Millville Police Officer Carlo Drogo stopped her one year ago on February 3 2008.
The newly released video shows Drogo attempting to use pepper spray on Stevenson while she is still on the bike, but instead spraying himself in the face.
As Stevenson struggles, a reeling Drogo knocks her off the bike and onto the ground.
Two more cops then arrive and haul Stevenson to the curb, one of them seemingly applying the full force of his upper arm onto her neck and head.
The same cop then thrusts his knee into her back twice, with full force, whilst attempting to handcuff her.
“I am not doing nothing,” Stevenson screams.
“Put your hands behind your back,” one of the other officers orders.
“Can you not do this? I’m not doing nothing! I’m not doing nothing,” she wails.
Drogo, clearly in great discomfort from using his own pepper spray on himself, then approaches Stevenson after the other officers have restrained her and aggressively punches her in the face and head four times.
“Why are you hitting me? You’re hitting me! Why are you hitting me?” Stevenson cries out. “Why did you hit me and I’m handcuffed?”
Stevenson was later convicted of resisting arrest.
Watch the raw video: http://www.offensivestuff.com/wordpress/?p=1082
As reported by NBC news, Sheila Stevenson, 42, has filed a civil suit alleging police used excessive force, after then-Millville Police Officer Carlo Drogo stopped her one year ago on February 3 2008.
The newly released video shows Drogo attempting to use pepper spray on Stevenson while she is still on the bike, but instead spraying himself in the face.
As Stevenson struggles, a reeling Drogo knocks her off the bike and onto the ground.
Two more cops then arrive and haul Stevenson to the curb, one of them seemingly applying the full force of his upper arm onto her neck and head.
The same cop then thrusts his knee into her back twice, with full force, whilst attempting to handcuff her.
“I am not doing nothing,” Stevenson screams.
“Put your hands behind your back,” one of the other officers orders.
“Can you not do this? I’m not doing nothing! I’m not doing nothing,” she wails.
Drogo, clearly in great discomfort from using his own pepper spray on himself, then approaches Stevenson after the other officers have restrained her and aggressively punches her in the face and head four times.
“Why are you hitting me? You’re hitting me! Why are you hitting me?” Stevenson cries out. “Why did you hit me and I’m handcuffed?”
Stevenson was later convicted of resisting arrest.
Watch the raw video: http://www.offensivestuff.com/wordpress/?p=1082
Agueda Dominguez Alleges Police Brutality
MANASSAS, Va.
Agueda Dominguez says her battered face and bruised arms are the result of police brutality. The 38-year-old El Salvadoran immigrant is alleging a Manassas Park Police officer beat her during a routine traffic stop Monday night.
"As he was pulling me against his car he pulled my hair...at the same time I banged my head a couple of times against his car. He threw me on the ground and banged me against the ground," Dominguez said.
Dominquez was stopped in the parking lot of the Apex Mart for having a broken headlight. She did not have her driver's license, but said she did provide Lt. Rupert Prinz with other documentation, including her social security card and work permit.
Dominquez said she refused to sign the ticket because she doesn't understand English. That is when she says she was sprayed with pepper spray and thrown on the ground.
Her brother describes what he saw as he pulled up to the scene:
"The floor...she hit the floor like an animal...she's not an animal, she's human. It's hard for me when I see he hit my sister on the floor," said Jose Dominguez, victim's brother.
Store manager, Warner Portillo, walked up just after the alleged brutality took place. "As I'm leaving, I see this lady bleeding really really bad and she was actually a little bit unconscious...I saw two police officers carrying her to an ambulance," Portillo added.
Cuts and bruises are visible on Dominguez's arms, leg and face. A cell phone picture shows her as she arrived to the hospital. Dominguez says she wasn't resisting police arrest. She says she just didn't want to sign a document she didn't understand.
"It hurts a lot...you come to the United States to pursue a dream and this type of stuff happens...especially in the Hispanic community. Most people are scared and so I just decided to step up and show everybody that we can stand up and defend ourselves," Dominguez added.
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http://www.insidenova.com/isn/news/local/article/woman_alleges_m._park_police_assault/29264/
Agueda Dominguez says her battered face and bruised arms are the result of police brutality. The 38-year-old El Salvadoran immigrant is alleging a Manassas Park Police officer beat her during a routine traffic stop Monday night.
"As he was pulling me against his car he pulled my hair...at the same time I banged my head a couple of times against his car. He threw me on the ground and banged me against the ground," Dominguez said.
Dominquez was stopped in the parking lot of the Apex Mart for having a broken headlight. She did not have her driver's license, but said she did provide Lt. Rupert Prinz with other documentation, including her social security card and work permit.
Dominquez said she refused to sign the ticket because she doesn't understand English. That is when she says she was sprayed with pepper spray and thrown on the ground.
Her brother describes what he saw as he pulled up to the scene:
"The floor...she hit the floor like an animal...she's not an animal, she's human. It's hard for me when I see he hit my sister on the floor," said Jose Dominguez, victim's brother.
Store manager, Warner Portillo, walked up just after the alleged brutality took place. "As I'm leaving, I see this lady bleeding really really bad and she was actually a little bit unconscious...I saw two police officers carrying her to an ambulance," Portillo added.
Cuts and bruises are visible on Dominguez's arms, leg and face. A cell phone picture shows her as she arrived to the hospital. Dominguez says she wasn't resisting police arrest. She says she just didn't want to sign a document she didn't understand.
"It hurts a lot...you come to the United States to pursue a dream and this type of stuff happens...especially in the Hispanic community. Most people are scared and so I just decided to step up and show everybody that we can stand up and defend ourselves," Dominguez added.
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http://www.insidenova.com/isn/news/local/article/woman_alleges_m._park_police_assault/29264/
Los Angeles Pays $12.85 million for Police Brutality Lawsuit
LOS ANGELES
The Los Angeles City Council approved a $12.85 million payout Wednesday for demonstrators and bystanders who were beaten by police at a pro-immigration rally in one of the largest settlements ever for Police Department misconduct.
The payout will settle nine lawsuits filed on behalf of nearly 300 people after the May 1, 2007, rally at MacArthur Park, where police dispersed crowds by beating people with batons and firing at them with beanbag rounds and rubber bullets. Forty-two people were injured, including nine journalists.
Carol Sobel, an attorney who represented some of the injured parties, said the payout is the largest single settlement in a demonstration case in the country.
"It means that for everybody who was in MacArthur Park that day, they can now feel that their injuries were recognized by the city," Sobel said.
The council faces other legal troubles stemming from the rally: There were 27 pending cases related to the demonstration before the settlement. City officials, however, said the payout covers most of the people who have filed lawsuits, including a class-action lawsuit that involved the approximately 5,000 people at the rally.
Nick Velasquez, a spokesman for the city attorney's office, said the settlement also calls for more police training on handling rallies and protests.
The May Day rally turned violent when about 30 protesters threw rocks at officers, who responded with force. A massive investigation was launched after widespread criticisms that police used excessive force and violated civil rights.
Police later concluded that a lack of planning, training and orderly supervision hindered officers at the rally. Police Chief William Bratton took responsibility for the department's response and called the officers' decision to use force a "command and control breakdown." Four officers were fired and 11 were disciplined.
The Los Angeles City Council approved a $12.85 million payout Wednesday for demonstrators and bystanders who were beaten by police at a pro-immigration rally in one of the largest settlements ever for Police Department misconduct.
The payout will settle nine lawsuits filed on behalf of nearly 300 people after the May 1, 2007, rally at MacArthur Park, where police dispersed crowds by beating people with batons and firing at them with beanbag rounds and rubber bullets. Forty-two people were injured, including nine journalists.
Carol Sobel, an attorney who represented some of the injured parties, said the payout is the largest single settlement in a demonstration case in the country.
"It means that for everybody who was in MacArthur Park that day, they can now feel that their injuries were recognized by the city," Sobel said.
The council faces other legal troubles stemming from the rally: There were 27 pending cases related to the demonstration before the settlement. City officials, however, said the payout covers most of the people who have filed lawsuits, including a class-action lawsuit that involved the approximately 5,000 people at the rally.
Nick Velasquez, a spokesman for the city attorney's office, said the settlement also calls for more police training on handling rallies and protests.
The May Day rally turned violent when about 30 protesters threw rocks at officers, who responded with force. A massive investigation was launched after widespread criticisms that police used excessive force and violated civil rights.
Police later concluded that a lack of planning, training and orderly supervision hindered officers at the rally. Police Chief William Bratton took responsibility for the department's response and called the officers' decision to use force a "command and control breakdown." Four officers were fired and 11 were disciplined.
Former Deputy Marc Javier Diaz Arrested for Rape
LA QUINTA
A former Riverside County sheriff's deputy was arrested today on suspicion of raping a woman in La Quinta, authorities said.
Marc Javier Diaz, 35, of Indio, was taken into custody around 10:30 a.m. during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
Diaz resigned in July 2004 from the Riverside County Sheriff's Department, where he was a deputy in the Indio courthouse, after nine years on the force, Valenzuela said.
La Quinta police received a call at 8:15 p.m. Saturday about a woman being abducted from a business in the 78000 block of Highway 111 and sexually assaulted, Valenzuela said.
A man had entered the unidentified business displaying a law enforcement badge and demanded identification from employees inside, Valenzuela said.
The victim, whose name was withheld, was unable to provide identification. The suspect escorted her out of the business to his pick-up truck, which was parked in a nearby lot, according to Valenzuela.
He drove her to a secluded location near Washington Street and Country Club Drive, where he raped her, Valenzuela said.
Diaz was being held in lieu of $1 million in the sheriff's jail in Banning.
Video: http://www.policevideonews.com/index.php/2009/02/05/sheriffs-deputy-arrested-for-sexual-assult/
A former Riverside County sheriff's deputy was arrested today on suspicion of raping a woman in La Quinta, authorities said.
Marc Javier Diaz, 35, of Indio, was taken into custody around 10:30 a.m. during a traffic stop near Avenue 50 and Jackson Street in La Quinta, said sheriff's Deputy Herlinda Valenzuela.
Diaz resigned in July 2004 from the Riverside County Sheriff's Department, where he was a deputy in the Indio courthouse, after nine years on the force, Valenzuela said.
La Quinta police received a call at 8:15 p.m. Saturday about a woman being abducted from a business in the 78000 block of Highway 111 and sexually assaulted, Valenzuela said.
A man had entered the unidentified business displaying a law enforcement badge and demanded identification from employees inside, Valenzuela said.
The victim, whose name was withheld, was unable to provide identification. The suspect escorted her out of the business to his pick-up truck, which was parked in a nearby lot, according to Valenzuela.
He drove her to a secluded location near Washington Street and Country Club Drive, where he raped her, Valenzuela said.
Diaz was being held in lieu of $1 million in the sheriff's jail in Banning.
Video: http://www.policevideonews.com/index.php/2009/02/05/sheriffs-deputy-arrested-for-sexual-assult/
Corporal Mario Chavez In Trouble Again
A Prince George's County police officer who was off duty and traveling at twice the speed limit in a county cruiser in 2007 when he collided with a car, killing a University of Maryland student, has been suspended after allegations that he was intoxicated in public and might have inappropriately displayed a handgun, sources said yesterday.
County police officers received an internal e-mail at 11:32 p.m. Monday saying that "effective immediately, the police powers of Corporal Mario Chavez . . . have been suspended." The e-mail resembles standard notices distributed when officers are involved in departmental shootings or other events that require them to be placed on administrative leave. The e-mails direct that those who are suspended be prohibited from entering police facilities.
Chavez "was suspended, but it was unrelated to the prior event," said Officer Henry Tippett, a police spokesman, adding that the department could not disclose details of the suspension.
Sources familiar with Chavez's situation, however, said he is under investigation for an episode last month in which it's alleged he was intoxicated and perhaps displayed a handgun. The two spoke on condition of anonymity because the incident remains under investigation.
Attempts to identify a phone number for Chavez, 31, were unsuccessful, and a county attorney representing him in a civil case stemming from the accident did not return a phone call seeking comment.
In December 2007, Chavez struck a car driven by Brian Gray, 20, who had pulled out in front of him at a Bowie intersection. In a sworn deposition, Chavez later acknowledged drinking "three, four" beers the night before the early-morning accident and sleeping on a friend's couch.
Last month, he was issued a speeding ticket after State's Attorney Glenn F. Ivey said there was not enough evidence to charge Chavez with vehicular manslaughter, which in Maryland requires proving that a driver acted with "gross negligence," one of the highest such standards in the country. An internal police investigation that could result in administrative action against Chavez began after Ivey completed his criminal review.
County police officers received an internal e-mail at 11:32 p.m. Monday saying that "effective immediately, the police powers of Corporal Mario Chavez . . . have been suspended." The e-mail resembles standard notices distributed when officers are involved in departmental shootings or other events that require them to be placed on administrative leave. The e-mails direct that those who are suspended be prohibited from entering police facilities.
Chavez "was suspended, but it was unrelated to the prior event," said Officer Henry Tippett, a police spokesman, adding that the department could not disclose details of the suspension.
Sources familiar with Chavez's situation, however, said he is under investigation for an episode last month in which it's alleged he was intoxicated and perhaps displayed a handgun. The two spoke on condition of anonymity because the incident remains under investigation.
Attempts to identify a phone number for Chavez, 31, were unsuccessful, and a county attorney representing him in a civil case stemming from the accident did not return a phone call seeking comment.
In December 2007, Chavez struck a car driven by Brian Gray, 20, who had pulled out in front of him at a Bowie intersection. In a sworn deposition, Chavez later acknowledged drinking "three, four" beers the night before the early-morning accident and sleeping on a friend's couch.
Last month, he was issued a speeding ticket after State's Attorney Glenn F. Ivey said there was not enough evidence to charge Chavez with vehicular manslaughter, which in Maryland requires proving that a driver acted with "gross negligence," one of the highest such standards in the country. An internal police investigation that could result in administrative action against Chavez began after Ivey completed his criminal review.
Officer Kenneth Freeman Accused of Assaulting 71-year old Seeks Appeal
The Chattanooga City Council will hear an appeal from the city police officer accused of assaulting a 71-year-old Wal-Mart greeter on Christmas Eve.
Officer Kenneth Freeman was demoted from detective to a patrol position and suspended for 28 days without pay late last month after an internal affairs investigation found he used excessive force, engaged in conduct unbecoming an officer and followed improper procedures.
The greeter, Bill Walker, touched Officer Freeman on the arm after asking to see his receipt and not getting a response, according to reports. Officer Freeman, who was shopping while on duty Christmas Eve, is accused of pushing Mr. Walker to the ground, then standing over him and shouting at him.
The City Council hearing will be held March 9, and the officer is expected to seek relief from the demotion and loss of pay.
On Monday, Mr. Walker filed a $21 million federal lawsuit against Mr. Freeman and the city of Chattanooga.
The Tennessee Bureau of Investigation is conducting a criminal probe into the matter.
________________
http://www.chattanoogapulse.com/pulseblog/43-notes-from-the-editor/534-det-freeman-to-appeal-suspension
Officer Kenneth Freeman was demoted from detective to a patrol position and suspended for 28 days without pay late last month after an internal affairs investigation found he used excessive force, engaged in conduct unbecoming an officer and followed improper procedures.
The greeter, Bill Walker, touched Officer Freeman on the arm after asking to see his receipt and not getting a response, according to reports. Officer Freeman, who was shopping while on duty Christmas Eve, is accused of pushing Mr. Walker to the ground, then standing over him and shouting at him.
The City Council hearing will be held March 9, and the officer is expected to seek relief from the demotion and loss of pay.
On Monday, Mr. Walker filed a $21 million federal lawsuit against Mr. Freeman and the city of Chattanooga.
The Tennessee Bureau of Investigation is conducting a criminal probe into the matter.
________________
http://www.chattanoogapulse.com/pulseblog/43-notes-from-the-editor/534-det-freeman-to-appeal-suspension
Feds Investigate old Allegations that Chicago Police Tortured Murder Suspects
Federal prosecutors continue to investigate decades-old allegations that Chicago police routinely tortured murder suspects, focusing on a half-dozen detectives following the recent indictment of former Cmdr. Jon Burge, the alleged ringleader, sources said.
Subpoenas served on the city show that prosecutors are looking at detectives long linked to Burge and the South Side precincts where he worked mostly during the 1980s. Among them: former Sgt. John Byrne, considered Burge's right-hand man, and former detective Peter Dignan.
It is not surprising that the investigation has widened beyond Burge. Last October, when prosecutors announced Burge's indictment on perjury and obstruction of justice charges, U.S. Atty. Patrick Fitzgerald said the charges "should serve as a warning" to those officers who worked for him and took part in alleged brutality.
"If their lifeline is to hang on a perceived code of silence, they may be hanging on air," said Fitzgerald, cautioning other officers could be hit with similar charges.
Now a clearer picture is emerging of where the investigation is heading. Prosecutors are looking for medical records or testimony by a doctor to corroborate claims of brutality, the sources said, and want to avoid pitting the testimony of a former inmate against that of an officer.
A case in point is Andrew Wilson, who was convicted of killing two police officers after giving a confession that Burge and his men allegedly coerced. Wilson contended he was beaten and shocked and forced to press his chest and abdomen to a hot radiator. He died in prison in 2007.
Last month prosecutors asked a judge to allow them to use Wilson's testimony from previous hearings and civil proceedings at Burge's upcoming trial.
The Chicago Police Board found Burge guilty in 1983 of violating department rules, a determination that ultimately led to his firing a decade later. Wilson's facial injuries and burn marks had been photographed by jail personnel and doctors following his 1982 arrest. The supervising physician at the Cook County Jail, John Raba, even wrote the police superintendent asking for an investigation.
"Dr. Raba and other witnesses who participated in the examination and/or treatment of Wilson have been located and are available to testify at trial," said last month's filing.
Federal authorities have also interviewed Gregory Banks, who says Byrne and Dignan and other detectives placed a plastic bag over his head to force him to confess in 1983 to a murder.
The Illinois Appellate Court ruled that his confession had been obtained through brutality and awarded him a new trial after Banks had spent 7 years in prison.
Banks later won $92,000 from the city after filing a federal civil rights lawsuit.
Lawyer Flint Taylor, who represents Banks as well as other alleged torture victims, said prosecutors have interviewed a number of his clients.
"We've had contact with the U.S. attorney and presented several of our clients for interviews," he said. "It's my sense that they're doing a very aggressive and a thorough investigation with regard to some of Burge's midnight crew."
"We're hopeful there will be indictments brought against them and others," he added.
Dignan could not be reached Tuesday for comment. Byrne, who is a private detective in the south suburbs, said he was not surprised that federal prosecutors would focus on Burge's midnight shift officers.
"They're going to do what they feel is necessary," said Byrne, who indicated he has not been contacted by authorities. "They're going to be looking at everyone who was working then."
_____________________
http://www.chicagotribune.com
Subpoenas served on the city show that prosecutors are looking at detectives long linked to Burge and the South Side precincts where he worked mostly during the 1980s. Among them: former Sgt. John Byrne, considered Burge's right-hand man, and former detective Peter Dignan.
It is not surprising that the investigation has widened beyond Burge. Last October, when prosecutors announced Burge's indictment on perjury and obstruction of justice charges, U.S. Atty. Patrick Fitzgerald said the charges "should serve as a warning" to those officers who worked for him and took part in alleged brutality.
"If their lifeline is to hang on a perceived code of silence, they may be hanging on air," said Fitzgerald, cautioning other officers could be hit with similar charges.
Now a clearer picture is emerging of where the investigation is heading. Prosecutors are looking for medical records or testimony by a doctor to corroborate claims of brutality, the sources said, and want to avoid pitting the testimony of a former inmate against that of an officer.
A case in point is Andrew Wilson, who was convicted of killing two police officers after giving a confession that Burge and his men allegedly coerced. Wilson contended he was beaten and shocked and forced to press his chest and abdomen to a hot radiator. He died in prison in 2007.
Last month prosecutors asked a judge to allow them to use Wilson's testimony from previous hearings and civil proceedings at Burge's upcoming trial.
The Chicago Police Board found Burge guilty in 1983 of violating department rules, a determination that ultimately led to his firing a decade later. Wilson's facial injuries and burn marks had been photographed by jail personnel and doctors following his 1982 arrest. The supervising physician at the Cook County Jail, John Raba, even wrote the police superintendent asking for an investigation.
"Dr. Raba and other witnesses who participated in the examination and/or treatment of Wilson have been located and are available to testify at trial," said last month's filing.
Federal authorities have also interviewed Gregory Banks, who says Byrne and Dignan and other detectives placed a plastic bag over his head to force him to confess in 1983 to a murder.
The Illinois Appellate Court ruled that his confession had been obtained through brutality and awarded him a new trial after Banks had spent 7 years in prison.
Banks later won $92,000 from the city after filing a federal civil rights lawsuit.
Lawyer Flint Taylor, who represents Banks as well as other alleged torture victims, said prosecutors have interviewed a number of his clients.
"We've had contact with the U.S. attorney and presented several of our clients for interviews," he said. "It's my sense that they're doing a very aggressive and a thorough investigation with regard to some of Burge's midnight crew."
"We're hopeful there will be indictments brought against them and others," he added.
Dignan could not be reached Tuesday for comment. Byrne, who is a private detective in the south suburbs, said he was not surprised that federal prosecutors would focus on Burge's midnight shift officers.
"They're going to do what they feel is necessary," said Byrne, who indicated he has not been contacted by authorities. "They're going to be looking at everyone who was working then."
_____________________
http://www.chicagotribune.com
Officer Linda Coulimore Arrest Doesn't Shock Neighbors
MEAD, Colo.
Neighbors of a former Longmont police officer accused of stealing a pain medication pump from the hospital room of an Iraq war vet said they're not surprised.
They said officers have been called to the woman's house several times.
None of those neighbors wanted to talk on camera because of fear of retribution from the suspect's sons.
But several people have said that Linda Coulimore is a single mom with two teenage boys who have been accused of causing problems in the neighborhood.
When asked what kinds of problems, one neighbor responded, "Car vandalism and just torment. I know they've tormented other children."
Another neighbor said Coulimore was setting a bad example for her children.
Coulimore is accused of walking into a patient's room at Presbyterian/St. Luke's Medical Center in Denver and taking a pain medication pump that was being used by an Iraq war vet who had just undergone surgery.
Denver police distributed photographs of the alleged thief which were captured by the hospital's security camera system.
Police department spokesman Sonny Jackson said that after Coulimore was identified as a possible suspect, authorities issued an arrest warrant. Weld County deputies executed the warrant and arrested Coulimore at her home in Mead on Friday.
"We've seen police cars at that house numerous times," said one neighbor. "The only surprise is that it was for her this time and not her sons."
Coulimore has since bonded out of jail.
A spokeswoman for the Denver district attorney said formal charges will likely be filed against the suspect later this week.
An individual inside Coulimore's house declined to answer the door when I rang the doorbell seeking comment.
One of the woman's sons told 7NEWS, Saturday, that the image of a woman captured by the hospital's security camera was not his mom's.
Long time Mead resident Gerald Boos told 7NEWS, "I think it's terrible," that someone stole much needed pain medication from a veteran.
Boos said it's hard to understand that a former police officer is accused.
"That makes it even worse in my estimation," Boos said.
Coulimore was an officer at the Longmont police department from 1981 to 1995.
Information: http://www.thedenverchannel.com/news/18626570/detail.html#-
Tuesday, February 03, 2009
Officer D.J Guitierrez Relieved of Duty for Inappropriate Behavior
HOUSTON
It has happened again. Houston Police Department officials confirm for the third time this year another Houston police officer has been relieved of duty for inappropriate behavior.
HPD Spokesman John Cannon says officer D.J. Guitierrez has been relieved of duty from the department as of Jan. 21. Cannon would only say Guitierez is being investigated for his conduct.
The officer works in HPD's vehicular crimes division. It was earlier this year when two HPD officers also found themselves under investigation for sexual assault.
It has happened again. Houston Police Department officials confirm for the third time this year another Houston police officer has been relieved of duty for inappropriate behavior.
HPD Spokesman John Cannon says officer D.J. Guitierrez has been relieved of duty from the department as of Jan. 21. Cannon would only say Guitierez is being investigated for his conduct.
The officer works in HPD's vehicular crimes division. It was earlier this year when two HPD officers also found themselves under investigation for sexual assault.
Family Sues After 14-year-old Tasered in Jail
KENORA, Ontario
The father of a 14-year-old girl from a remote Ontario First Nation is suing the OPP, claiming his daughter was shocked with a Taser while in jail.
The father alleges she was stunned because she wouldn't stop scratching at the paint inside her jail cell in Sioux Lookout.
The girl -- identified only as Jane Doe -- was being held inside the cell last July for undisclosed reasons.
Court documents say she was not intoxicated, hysterical, excited or presenting a danger in any way.
The lawsuit alleges two officers went in the cell, "violently" pulled her to the floor and applied the Taser to her thigh for three to five seconds.
None of the allegations have been proven in court.
Her family wants $500,000 in damages, claiming the incident left her with numbness in her leg and "ongoing mental distress."
The lawsuit also calls for an order that would prohibit the use of stun guns on minors except in cases where a life is clearly at risk.
____________
http://www.canada.com/news/police+sued+after+teen+girl+Tasered/1245695/story.html
The father of a 14-year-old girl from a remote Ontario First Nation is suing the OPP, claiming his daughter was shocked with a Taser while in jail.
The father alleges she was stunned because she wouldn't stop scratching at the paint inside her jail cell in Sioux Lookout.
The girl -- identified only as Jane Doe -- was being held inside the cell last July for undisclosed reasons.
Court documents say she was not intoxicated, hysterical, excited or presenting a danger in any way.
The lawsuit alleges two officers went in the cell, "violently" pulled her to the floor and applied the Taser to her thigh for three to five seconds.
None of the allegations have been proven in court.
Her family wants $500,000 in damages, claiming the incident left her with numbness in her leg and "ongoing mental distress."
The lawsuit also calls for an order that would prohibit the use of stun guns on minors except in cases where a life is clearly at risk.
____________
http://www.canada.com/news/police+sued+after+teen+girl+Tasered/1245695/story.html
Judge Jess Harris Must Face Trial for Indecent Exposure
TULSA
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an Osage County judge ruled Monday.
District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence,” he found sufficient evidence to order Harris to trial.
Kane set a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by state Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties.”
Allen Smallwood, one of Harris’ defense lawyers, said a different judge will handle a trial in the case.
What’s alleged?
Harris, 54, was charged April 24 with two felony counts of indecent exposure. He has denied allegations that he exposed his penis on March 9 to two women outside a hotel in the 8200 block of E Skelly.
Kane got the case in May after Tulsa County presiding District Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district.
Harris did not testify at the preliminary hearing, which ended Friday.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane said Harris will be tried on one count, which will cover allegations involving both women.
One accuser was Harris’ former girlfriend. The other was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
‘Critical’ witness
Also Monday, lawyers in the case agreed to take a deposition this week from a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw people in the parking lot and who was subpoenaed as a "critical” witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and an electronic monitor.
Previous Post:
http://whathappenedtoprotectandserve.blogspot.com/2008/04/tulsa-judge-under-investigation-for.html
Tulsa County District Judge Jesse Harris must face trial on a felony count of indecent exposure, an Osage County judge ruled Monday.
District Judge M. John Kane IV indicated that after "having carefully considered the law and the evidence,” he found sufficient evidence to order Harris to trial.
Kane set a March 3 arraignment for Harris, at a time and place to be determined by a new judge who is likely to be assigned by state Supreme Court Chief Justice James Edmondson.
According to state statute, a judge who conducts a preliminary hearing shall not also handle the trial "except with the consent of all parties.”
Allen Smallwood, one of Harris’ defense lawyers, said a different judge will handle a trial in the case.
What’s alleged?
Harris, 54, was charged April 24 with two felony counts of indecent exposure. He has denied allegations that he exposed his penis on March 9 to two women outside a hotel in the 8200 block of E Skelly.
Kane got the case in May after Tulsa County presiding District Judge Michael Gassett asked then-Supreme Court Chief Justice James Winchester to assign a judge from outside the judicial district.
Harris did not testify at the preliminary hearing, which ended Friday.
One contention of defense lawyers is that Washington County prosecutors, assigned to handle the case, overcharged Harris when they filed two counts — one involving each accuser — for a single alleged act.
Kane said Harris will be tried on one count, which will cover allegations involving both women.
One accuser was Harris’ former girlfriend. The other was sentenced to prison in July on two felony DUI charges.
Lawyers for Harris have focused considerable attention in court on challenging the credibility of the two women.
‘Critical’ witness
Also Monday, lawyers in the case agreed to take a deposition this week from a woman who was arrested Friday on a warrant issued when she failed to attend court to testify.
Rosa Luevano was a cleaning worker who saw people in the parking lot and who was subpoenaed as a "critical” witness for the defense, Smallwood said previously.
After her arrest, Luevano was released on a personal recognizance bond and an electronic monitor.
Previous Post:
http://whathappenedtoprotectandserve.blogspot.com/2008/04/tulsa-judge-under-investigation-for.html
Man Dies After Being Tasered by Deputies
A 45-year-old man died in west Stockton on Monday after he was Tasered by San Joaquin County Sheriff’s deputies.
Deputies were called to 2600 block of De Ovan Avenue on a report that a man was acting “crazy” and creating a ruckus, that he damaged property and stole a bicycle, said sheriff’s spokesman Les Garcia.
The victim was uncooperative and started to fight with deputies, the spokesman said, so they shot him with a Taser, which sends a jolt of electricity into a victims body.
When the Taser was “ineffective,” they physically subdued the man, and when it appeared he was having trouble breathing, they called an ambulance, Garcia reported.
The victim had stopped breathing by the time paramedics arrived, and though he was given CPR, he died at a local hospital.
Garcia said the death is under investigation, and an autopsy will be done to determine the cause of death. The spokesman said he does not yet know how many times the man was shot with the Taser, or if he was even hit with it.
“He had a leather coat on,” Garcia said. “I don’t know if the Taser was ineffective because of that. We don’t know if it came in contact with him.”
The use of Tasers is controversial because of their widespread use and the number of people who have died after having been Tasered.
Its manufacturer, Taser International, says more than 375,000 Taser devices have been sold to law enforcement since 1998, and says the guns are perfectly safe.
But Amnesty International has calculated that 290 people have died in North America since 2001 after being zapped by a Taser.
And a recent University of California, San Francisco study of 50 U.S. cities showed that in-custody sudden deaths increased six times in the first year after law enforcement started using stun guns compared to before their use, though the number of in-custody deaths fell in years following.
Garcia said a Taser is one of the tools deputies use “to help minimize injuries to deputies” and to the people they arrest.
___________________
http://www.fox40.com/pages/landing_local_headlines/?Stockton-Man-Dies-After-Being-Tasered=1&blockID=203839&feedID=190
Deputies were called to 2600 block of De Ovan Avenue on a report that a man was acting “crazy” and creating a ruckus, that he damaged property and stole a bicycle, said sheriff’s spokesman Les Garcia.
The victim was uncooperative and started to fight with deputies, the spokesman said, so they shot him with a Taser, which sends a jolt of electricity into a victims body.
When the Taser was “ineffective,” they physically subdued the man, and when it appeared he was having trouble breathing, they called an ambulance, Garcia reported.
The victim had stopped breathing by the time paramedics arrived, and though he was given CPR, he died at a local hospital.
Garcia said the death is under investigation, and an autopsy will be done to determine the cause of death. The spokesman said he does not yet know how many times the man was shot with the Taser, or if he was even hit with it.
“He had a leather coat on,” Garcia said. “I don’t know if the Taser was ineffective because of that. We don’t know if it came in contact with him.”
The use of Tasers is controversial because of their widespread use and the number of people who have died after having been Tasered.
Its manufacturer, Taser International, says more than 375,000 Taser devices have been sold to law enforcement since 1998, and says the guns are perfectly safe.
But Amnesty International has calculated that 290 people have died in North America since 2001 after being zapped by a Taser.
And a recent University of California, San Francisco study of 50 U.S. cities showed that in-custody sudden deaths increased six times in the first year after law enforcement started using stun guns compared to before their use, though the number of in-custody deaths fell in years following.
Garcia said a Taser is one of the tools deputies use “to help minimize injuries to deputies” and to the people they arrest.
___________________
http://www.fox40.com/pages/landing_local_headlines/?Stockton-Man-Dies-After-Being-Tasered=1&blockID=203839&feedID=190
Officer Robert Creamer Arrested for Assault
ELIOT, Maine
A longtime patrolman with the Kittery Police Department and former school resource officer at Traip Academy was arrested over the weekend after allegedly assaulting a staff member at the Regatta Banquet and Conference Center.
Robert Creamer, 57, of Kittery, was arrested at 7 p.m. Saturday on allegations that he shoved one of the employees and then refused to leave the premises during a comedy show featuring Bob Marley.
Creamer was arrested by Eliot police after they responded to the banquet hall, located at the Eliot Commons, following a 911 call from staff regarding an "unwanted person."
He faces two misdemeanors, one charge of simple assault and one count of criminal trespass, which could result in fines and a possible year in jail.
According to Eliot Police Chief Ted Short, Creamer had been drinking alcohol during the show and after becoming disruptive was asked to leave by employees.
Short said Creamer was escorted out of the banquet center by staff after the alleged shoving and when he was later asked to leave several times by staff and police he became "argumentative."
It was for that alleged refusal to leave the premises that Creamer was charged with criminal trespass.
No one was injured in the physical altercation, Short said.
Following his arrest, Creamer was taken to the Eliot police station and released on $300 cash bail, with an arraignment date of April 9 at the York District Court.
Kittery Police Chief Ed Strong said Creamer has since been placed on administrative leave with pay pending an internal investigation.
Creamer has been with the Police Department since 1983, said Short, and was once the school resource officer at Traip Academy before his position was eliminated due to budget cuts.
Strong said he could not comment further on Creamer's alleged conduct because of the internal investigation.
Information: http://www.seacoastonline.com/articles/20090203-NEWS-902030395
Officer James Gaddis Accused of Robbing Bank Free on Bond
MURPHYSBORO, Ill.
A Carbondale police officer accused of robbing a bank is free on $1 million bond.
A Jackson County jailer says 26-year-old James Gaddis posted bond Monday afternoon.
He'd been jailed since his arrest last month with neighbor Anthony Fike. Authorities accuse them of robbing the First Southern Bank in Carbondale last October.
Authorities say two suspects wearing motorcycle helmets robbed the bank of more than $22,000 at gunpoint, then fled by motorcycle.
Police contend Gaddis made a bogus 911 call to divert police to a trailer park on the other side of town during the robbery. A prosecutor says investigators later recognized Gaddis' voice in the taped 911 call.
Gaddis is suspended without pay. Fike already has been free on bond.
A Carbondale police officer accused of robbing a bank is free on $1 million bond.
A Jackson County jailer says 26-year-old James Gaddis posted bond Monday afternoon.
He'd been jailed since his arrest last month with neighbor Anthony Fike. Authorities accuse them of robbing the First Southern Bank in Carbondale last October.
Authorities say two suspects wearing motorcycle helmets robbed the bank of more than $22,000 at gunpoint, then fled by motorcycle.
Police contend Gaddis made a bogus 911 call to divert police to a trailer park on the other side of town during the robbery. A prosecutor says investigators later recognized Gaddis' voice in the taped 911 call.
Gaddis is suspended without pay. Fike already has been free on bond.
School Resource Officer Jonathan Kelly Arrested for Theft
GREENACRES, Fla.
A Palm Beach County school resource officer is accused of helping himself to other people's property.
Jonathan Kelly was arrested Monday, accused of breaking into homes and cars, stealing credit cards and thousands of dollars worth of electronics.
"The officer has been with the district since 2002," school district spokesman Nat Harrington said of the former Delray Beach police officer. "He has a clean record. He was stationed and assigned to John I. Leonard High School, where he did a good job, so obviously these allegations are very shocking and very disappointing."
Kelly is accused of sending the stolen goods to a high school friend, who sold the loot on the Internet and then wired the money to Kelly. It was that friend who turned Kelly in.
The officer posted bond, but he won't be returning to school anytime soon. Kelly has been placed on administrative leave pending the outcome of the investigation, Harrington said.
"We have two officers at that school, so they will not lose their police protection," Harrington said. "We will likely reassign an officer to that school if and when needed to cover his duties."
More Information:
http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpcoparrest0204pnfeb04,0,1790507.story
Judge James Peck Charged with Slapping His Wife
A federal judge charged with slapping his wife hired a big shot defense attorney as he faces a misdemeanor charge that could land him in the clink.
James Peck, 63, the bankruptcy judge overseeing the breakup of Lehman Brothers, hired Barry Bohrer, a prominent criminal defense lawyer whose clients have included Sam Israel, the hedge fund swindler who went on the lam last summer after faking his own suicide to avoid a 20-year jail term.
Peck, who was briefly assigned to handle the Bernard Madoff bankruptcy until he recused himself in December, told cops when they came to his Park Ave. apartment Saturday afternoon that "I was defending myself."
He said his wife, Judith Peck, 64, was late in returning to the city from their home in the Hamptons and then they argued over a ladder that she had put in his closet.
"I was moving the ladder out. She slapped me in the face," he told cops. "I put the ladder down and slapped her back. We slapped each other back and forth."
Then Judith Peck locked herself in a room and called 911. Police said she had "substantial pain" in the area of her jaw and was treated at New York-Presbyterian Hospital.
The judge was charged with attempted assault in the third degree, a B misdemeanor that carries a jail term of up to 90 days, and harassment, which is a violation.
"We've been married 42 years. We love each other very much. I've never hit her before. This was not about tonight. It was about complications beginning in October," Peck told a cop, without elaborating, according to court papers.
Criminal Court Judge Lenora Gerald released Peck without bail and told him that he could return to his home as long as he did not assault, stalk, harass, menace, intimidate or threaten his wife.
James Peck, 63, the bankruptcy judge overseeing the breakup of Lehman Brothers, hired Barry Bohrer, a prominent criminal defense lawyer whose clients have included Sam Israel, the hedge fund swindler who went on the lam last summer after faking his own suicide to avoid a 20-year jail term.
Peck, who was briefly assigned to handle the Bernard Madoff bankruptcy until he recused himself in December, told cops when they came to his Park Ave. apartment Saturday afternoon that "I was defending myself."
He said his wife, Judith Peck, 64, was late in returning to the city from their home in the Hamptons and then they argued over a ladder that she had put in his closet.
"I was moving the ladder out. She slapped me in the face," he told cops. "I put the ladder down and slapped her back. We slapped each other back and forth."
Then Judith Peck locked herself in a room and called 911. Police said she had "substantial pain" in the area of her jaw and was treated at New York-Presbyterian Hospital.
The judge was charged with attempted assault in the third degree, a B misdemeanor that carries a jail term of up to 90 days, and harassment, which is a violation.
"We've been married 42 years. We love each other very much. I've never hit her before. This was not about tonight. It was about complications beginning in October," Peck told a cop, without elaborating, according to court papers.
Criminal Court Judge Lenora Gerald released Peck without bail and told him that he could return to his home as long as he did not assault, stalk, harass, menace, intimidate or threaten his wife.
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