A man in his 20s died Wednesday night after being shot with a Taser by a San Jose police officer who was attempting to take him into custody.
It is the sixth instance of someone dying after San Jose police deployed the electric stun gun on them.
The man resisted arrest, tried to grab the officer's gun from its holster and fought with two police officers for several minutes before one of the officers shot him with a Taser, according to police.
After he was shot with a Taser, the man went into medical distress, police spokesman Enrique Garcia said. Officers performed CPR, but the man died at the scene. His name was not immediately released.
The officers, whose names were also not released Thursday, were treated at a hospital for injuries incurred in the struggle; one suffered facial lacerations and the other had a leg injury, Garcia said.
They had been dispatched to Story Road and Adrian Way at 10:24 p.m. and approached the man, who ran away. A resident in the 2200 block of Amador Drive reported someone in the backyard.
Garcia said the officers located the man and tried to take him into custody. He "resisted and got into a violent struggle with our officers," Garcia said.
The officers used their batons during the struggle, which lasted several minutes. One of the officers shot the man with a Taser.
In 2004, the San Jose Police Department armed every officer with stun guns, devices capable of temporarily disabling
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suspects by sending 50,000-volt jolts through their body, as an alternative to deadly force. The move came after San Jose police shot and killed a Vietnamese woman after they mistook her vegetable peeler for a large knife.
In four San Jose incidents where suspects died after being shot with a stun gun, family members filed lawsuits over the deaths. In December, San Jose officials agreed to pay $70,000 to the wife and child of a man who died in 2005 after being shot with a Taser by police, marking the city's first settlement over a fatality linked to the stun guns.
In mid-December, a San Jose man with psychiatric problems died outside of Valley Medical Center when a Campbell police officer fired his Taser while he was helping Santa Clara County Sheriff's deputies control the situation.
The San Jose Police Department Homicide Unit is investigating Wednesday night's death, Garcia said. The Santa Clara County medical examiner's office will conduct an autopsy to determine the cause of death.
Investigators from San Jose Police Department's Internal Affairs Unit and the Santa Clara County District Attorney's Office are also monitoring the case.
Thursday, February 12, 2009
Deputy Gregory Todd Bowden Arrested for Enticing a Minor
ATLANTA
The FBI arrested a Bibb County sheriff's deputy Wednesday on a charge of using a computer to entice a minor for sexual activity.
Special Agent Gregory Jones said Gregory Todd Bowden, 42, of Byron, Ga., was arrested Wednesday after he engaged in a series of telephone and Internet conversations with what he believed was the mother of a girl under 10 years of age, and he went to Atlanta to engage in sexual activity with the mother and child.
The FBI says the mother and child were fictional, and that Bowden was arrested upon his arrival at an agreed-upon meeting place.
The FBI arrested a Bibb County sheriff's deputy Wednesday on a charge of using a computer to entice a minor for sexual activity.
Special Agent Gregory Jones said Gregory Todd Bowden, 42, of Byron, Ga., was arrested Wednesday after he engaged in a series of telephone and Internet conversations with what he believed was the mother of a girl under 10 years of age, and he went to Atlanta to engage in sexual activity with the mother and child.
The FBI says the mother and child were fictional, and that Bowden was arrested upon his arrival at an agreed-upon meeting place.
Trooper Charles Odom Accused of Sexually Assaulting Woman Trying to Get Bond Reduced
A trooper accused of sexually assaulting a woman during a traffic stop is trying to get his bond reduced.
Charles Odom is in the Leon County Jail facing a 250-thousand dollar bond.
A hearing was scheduled for this afternoon in Wakulla County, but Judge Sanders Sauls has recused himself from the case and that hearing has been moved to Leon County.
In a motion filed with the court earlier this week, Odom's attorney, Don Pumphrey, said given the Odom family's finances, the 250-thousand dollar bond is tantamount to no bond at all.
Pumphrey argued that Odom has no criminal history, is an 18 year veteran in law enforcement and his entire family and all his property are in Wakulla County so he is not a flight risk.
Judge James Hankinson is scheduled to hear that bond reduction motion at one o'clock this afternoon.
Charles Odom is in the Leon County Jail facing a 250-thousand dollar bond.
A hearing was scheduled for this afternoon in Wakulla County, but Judge Sanders Sauls has recused himself from the case and that hearing has been moved to Leon County.
In a motion filed with the court earlier this week, Odom's attorney, Don Pumphrey, said given the Odom family's finances, the 250-thousand dollar bond is tantamount to no bond at all.
Pumphrey argued that Odom has no criminal history, is an 18 year veteran in law enforcement and his entire family and all his property are in Wakulla County so he is not a flight risk.
Judge James Hankinson is scheduled to hear that bond reduction motion at one o'clock this afternoon.
Officer Duhamel Torres Indicted for Rape, Kidnapping, Assault
CLEVELAND
A Cleveland police officer was indicted Wednesday on charges connected to the rape of a woman while on duty last December.
Duhamel Torres was indicted on several charges, including rape, kidnapping, intimidation of a crime victim, tampering with records and assault.
Prosecutors said Torres stopped a 41-year-old woman near West 43rd Street and Lorain Avenue. He asked her if she had a warrant out for her arrest and ordered her into his patrol car, saying he would give her a ride home, prosecutors said.
Prosecutors said Torres drove the woman to an area on Scranton Avenue, threatened her with arrest, slapped her in the face and raped her.
When he dropped her off near her home, he threatened her again, prosecutors said.
Authorities said DNA from the rape kit matched Torres'.
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http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1234431036196931.xml&coll=2
A Cleveland police officer was indicted Wednesday on charges connected to the rape of a woman while on duty last December.
Duhamel Torres was indicted on several charges, including rape, kidnapping, intimidation of a crime victim, tampering with records and assault.
Prosecutors said Torres stopped a 41-year-old woman near West 43rd Street and Lorain Avenue. He asked her if she had a warrant out for her arrest and ordered her into his patrol car, saying he would give her a ride home, prosecutors said.
Prosecutors said Torres drove the woman to an area on Scranton Avenue, threatened her with arrest, slapped her in the face and raped her.
When he dropped her off near her home, he threatened her again, prosecutors said.
Authorities said DNA from the rape kit matched Torres'.
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http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1234431036196931.xml&coll=2
Hearing for Former Officer Jason Huntsinger accused of Child Porn Postponed
Missoula, Mont.
A plea hearing has been postponed for a former Missoula police officer accused of receiving child pornography through a computer owned by the police union.
Jason Huntsinger had agreed to plead guilty Thursday to a federal charge of receipt of obscene material, but his hearing was rescheduled for March 5 at his attorney's request.
Prosecutors say Huntsinger used a credit card and a PayPal account to access a child pornography Web site and used a post office box number assigned to a federal drug task force as the address attached to the credit card. He is accused of using a laptop belonging to the Missoula Police Protective Association to view the site.
Federal agents seized the laptop and Huntsinger's work computer in September 2007. Huntsinger remained on city's payroll for almost a year before he was put on paid leave. He resigned in September.
Information from: Missoulian, http://www.missoulian.com
A plea hearing has been postponed for a former Missoula police officer accused of receiving child pornography through a computer owned by the police union.
Jason Huntsinger had agreed to plead guilty Thursday to a federal charge of receipt of obscene material, but his hearing was rescheduled for March 5 at his attorney's request.
Prosecutors say Huntsinger used a credit card and a PayPal account to access a child pornography Web site and used a post office box number assigned to a federal drug task force as the address attached to the credit card. He is accused of using a laptop belonging to the Missoula Police Protective Association to view the site.
Federal agents seized the laptop and Huntsinger's work computer in September 2007. Huntsinger remained on city's payroll for almost a year before he was put on paid leave. He resigned in September.
Information from: Missoulian, http://www.missoulian.com
Wednesday, February 11, 2009
Drunk Driving Deputy Allowed to Go Home Without Being Charged
The Nebraska State Patrol is conducting an internal investigation after one of its troopers is accused of showing preferential treatment to another law enforcement officer.
An off-duty Sarpy County sheriff's deputy was pulled over December 20th suspected of drunk driving. But the man in charge of the State Patrol, Col. Bryan Tuma, confirms the deputy was never given a sobriety test, never arrested and was allowed to get a ride home with a friend.
The allegations come amidst a DWI crackdown by the State Patrol, with a 37-percent increase in arrests last year by Omaha's Troop A alone. It was one of those troopers, Col. Tuma says, who let a suspected drunk driver go. “I believe he acknowledges that he made a mistake."
"The fact that (the party pulled over) was a law enforcement official may have had some bearing, may have had some influence on his decision of how he followed through."
"It's a double standard," says UNO Criminal Justice Professor Sam Walker, "because someones getting a break because he's a law enforcement officer."
The Nebraska State Patrol calls it an isolated incident.
Colonel Tuma says, "We know that there was alcohol involved and that officer allowed the person to be transported from the scene. Clearly out of context of what we normally do."
The stop happened after midnight on southbound Interstate 680 at Highway 75. One trooper noticed a car driving without headlights and pulled the driver over.
The trooper already had a suspect in custody from an earlier stop. “He radioed for assistance, another one of our troopers that was in the area came over and took over the traffic stop," says Col. Tuma.
That second, unnamed trooper approached the suspect’s vehicle. “There was an odor of alcohol in the vehicle. What's concerning is the trooper didn't follow through exactly the way we would prefer they follow through on one of those types of contacts."
"Instead of making an arrest or writing a citation or whatever was appropriate for that particular case, didn't occur and that's out of sync with our protocols."
For all we know -- the deputy who was off-duty and driving without headlights on may have been perfectly sober -- but without a test -- no one really knows.
The incident is disappointing says Mothers Against Drunk Driving Executive Director Simera Reynolds. "What we want to see is equitable treatment of all offenders. I think that this is a particular event that was unfortunate, but I don't think it's common practice."
Col. Tuma says his office was told about the situation immediately and the matter was turned over to Internal Affairs. However, the details of that investigation are not being disclosed.
"The officer will be disciplined here, appropriately, in the not-too-distant future," says Col. Tuma. He calls what happened “an error in judgment,” one which the trooper has admitted to and which is being taken "very seriously."
Sarpy County Sheriff Jeff Davis says a supervisor in his department was contacted when the off-duty deputy was stopped. He says his office understood the State Patrol would follow whatever steps were called for.
Since the sheriff’s department discovered protocol was broken, they conducted their own internal investigation. “Appropriate steps were taken with the deputy,” says Davis. He says just what steps were taken are an internal matter and cannot be released to the public. The same for State Trooper.
"I don't know if this should be a firing offense," says Professor Walker, "but definitely some discipline. There needs to be additional training and a reminder to officers that this isn't acceptable. It's favoritism and 'look the other way' and 'excuse your crime' when we wouldn't do that for somebody else."
Last year, the State Patrol’s drunk driving arrests increased by more than 18 percent over the previous year. The number of road fatalities also decreased, from 91 in 2007 to 60 in 2008.
An off-duty Sarpy County sheriff's deputy was pulled over December 20th suspected of drunk driving. But the man in charge of the State Patrol, Col. Bryan Tuma, confirms the deputy was never given a sobriety test, never arrested and was allowed to get a ride home with a friend.
The allegations come amidst a DWI crackdown by the State Patrol, with a 37-percent increase in arrests last year by Omaha's Troop A alone. It was one of those troopers, Col. Tuma says, who let a suspected drunk driver go. “I believe he acknowledges that he made a mistake."
"The fact that (the party pulled over) was a law enforcement official may have had some bearing, may have had some influence on his decision of how he followed through."
"It's a double standard," says UNO Criminal Justice Professor Sam Walker, "because someones getting a break because he's a law enforcement officer."
The Nebraska State Patrol calls it an isolated incident.
Colonel Tuma says, "We know that there was alcohol involved and that officer allowed the person to be transported from the scene. Clearly out of context of what we normally do."
The stop happened after midnight on southbound Interstate 680 at Highway 75. One trooper noticed a car driving without headlights and pulled the driver over.
The trooper already had a suspect in custody from an earlier stop. “He radioed for assistance, another one of our troopers that was in the area came over and took over the traffic stop," says Col. Tuma.
That second, unnamed trooper approached the suspect’s vehicle. “There was an odor of alcohol in the vehicle. What's concerning is the trooper didn't follow through exactly the way we would prefer they follow through on one of those types of contacts."
"Instead of making an arrest or writing a citation or whatever was appropriate for that particular case, didn't occur and that's out of sync with our protocols."
For all we know -- the deputy who was off-duty and driving without headlights on may have been perfectly sober -- but without a test -- no one really knows.
The incident is disappointing says Mothers Against Drunk Driving Executive Director Simera Reynolds. "What we want to see is equitable treatment of all offenders. I think that this is a particular event that was unfortunate, but I don't think it's common practice."
Col. Tuma says his office was told about the situation immediately and the matter was turned over to Internal Affairs. However, the details of that investigation are not being disclosed.
"The officer will be disciplined here, appropriately, in the not-too-distant future," says Col. Tuma. He calls what happened “an error in judgment,” one which the trooper has admitted to and which is being taken "very seriously."
Sarpy County Sheriff Jeff Davis says a supervisor in his department was contacted when the off-duty deputy was stopped. He says his office understood the State Patrol would follow whatever steps were called for.
Since the sheriff’s department discovered protocol was broken, they conducted their own internal investigation. “Appropriate steps were taken with the deputy,” says Davis. He says just what steps were taken are an internal matter and cannot be released to the public. The same for State Trooper.
"I don't know if this should be a firing offense," says Professor Walker, "but definitely some discipline. There needs to be additional training and a reminder to officers that this isn't acceptable. It's favoritism and 'look the other way' and 'excuse your crime' when we wouldn't do that for somebody else."
Last year, the State Patrol’s drunk driving arrests increased by more than 18 percent over the previous year. The number of road fatalities also decreased, from 91 in 2007 to 60 in 2008.
Two Off-Duty Officers Arrested for Speeding & Reckless Driving
VOLUSIA COUNTY, Fla.
The man grinning in his mug shot is a Volusia County deputy and he's accused of taking local cops on a high-speed chase with his motorcycle. It all started when Edgewater police tried to pull over deputies Omar Lopez and Austin Littleton.
Police said the deputies were speeding and driving recklessly on their motorcycles, but the officers said they had no idea they were pursuing deputies.
There was an officer posted in a parking lot when he saw two men on motorcycles speeding past him; one was doing a wheelie. As soon as police followed them, they sped up and disappeared into a neighborhood.
Lopez was smiling when he was booked into jail Tuesday, even though the five-year sheriff's veteran is facing a felony charge, accused of running from Edgewater police.
"I think that they really needed to stop and think what they were doing, and especially the one that took off from the scene and kept on going," said Paulette Tubbs, Edgewater Police Department.
Lopez was spotted on US-1 Tuesday with Deputy Austin Littleton. Both were on personal motorcycles when an officer saw them going 60mph in a 35mph zone. They did eventually pull over, but Lopez wasn't about to stay there.
"The other officer stopped and then took off again from that position," Tubbs said.
More officers joined the pursuit and Lopez was spotted again near Oak Hill, where he appeared to be hiding behind a gas station. Again, he sped away.
It wasn't until police checked the ID of the other motorcyclist that they realized they were dealing with off-duty deputies. Police reports said a sheriff lieutenant was called to the scene. He compelled Littleton to give up Lopez and police arrested the 34-year-old in his New Smyrna Beach home.
Police insist, the pair were done no favors.
"No, no, no, 'cause they did not know that they were deputies," Tubbs said.
While Deputy Littleton was stopped and getting three tickets for his part in it, his cell phone rang and it was Deputy Lopez. The sheriff lieutenant who was on scene grabbed the phone and answered it, only to have Lopez hang up on him.
Both men were suspended with pay Wednesday morning while the sheriff's office investigates.
Video: http://www.wftv.com/news/18691350/detail.html#-
The man grinning in his mug shot is a Volusia County deputy and he's accused of taking local cops on a high-speed chase with his motorcycle. It all started when Edgewater police tried to pull over deputies Omar Lopez and Austin Littleton.
Police said the deputies were speeding and driving recklessly on their motorcycles, but the officers said they had no idea they were pursuing deputies.
There was an officer posted in a parking lot when he saw two men on motorcycles speeding past him; one was doing a wheelie. As soon as police followed them, they sped up and disappeared into a neighborhood.
Lopez was smiling when he was booked into jail Tuesday, even though the five-year sheriff's veteran is facing a felony charge, accused of running from Edgewater police.
"I think that they really needed to stop and think what they were doing, and especially the one that took off from the scene and kept on going," said Paulette Tubbs, Edgewater Police Department.
Lopez was spotted on US-1 Tuesday with Deputy Austin Littleton. Both were on personal motorcycles when an officer saw them going 60mph in a 35mph zone. They did eventually pull over, but Lopez wasn't about to stay there.
"The other officer stopped and then took off again from that position," Tubbs said.
More officers joined the pursuit and Lopez was spotted again near Oak Hill, where he appeared to be hiding behind a gas station. Again, he sped away.
It wasn't until police checked the ID of the other motorcyclist that they realized they were dealing with off-duty deputies. Police reports said a sheriff lieutenant was called to the scene. He compelled Littleton to give up Lopez and police arrested the 34-year-old in his New Smyrna Beach home.
Police insist, the pair were done no favors.
"No, no, no, 'cause they did not know that they were deputies," Tubbs said.
While Deputy Littleton was stopped and getting three tickets for his part in it, his cell phone rang and it was Deputy Lopez. The sheriff lieutenant who was on scene grabbed the phone and answered it, only to have Lopez hang up on him.
Both men were suspended with pay Wednesday morning while the sheriff's office investigates.
Video: http://www.wftv.com/news/18691350/detail.html#-
Kansas City Vetern Officer Accused of DWI
KANSAS CITY, Mo.
A 20-year veteran with the Kansas City police department is accused of driving while intoxicated.
The off-duty sergeant was arrested early Saturday on northbound Interstate 29 at 64th Street, according to court documents.
The sergeant has not been charged, so KCTV5 News is not releasing his name.
An official with the department said an internal investigation would not begin until the case gets through the court system. He also said what an officer does off-duty may not affect his on-duty status.
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Video: http://video.aol.com/video-detail/off-duty-officer-arrested-on-highway/3343466504/?icid=VIDLRVNWS04
A 20-year veteran with the Kansas City police department is accused of driving while intoxicated.
The off-duty sergeant was arrested early Saturday on northbound Interstate 29 at 64th Street, according to court documents.
The sergeant has not been charged, so KCTV5 News is not releasing his name.
An official with the department said an internal investigation would not begin until the case gets through the court system. He also said what an officer does off-duty may not affect his on-duty status.
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Video: http://video.aol.com/video-detail/off-duty-officer-arrested-on-highway/3343466504/?icid=VIDLRVNWS04
Officer David Gilliam Arrested for Sexually Attack Woman
ALBANY, GA
A Dougherty County Police Officer assigned to the Albany Dougherty Drug Unit is arrested for a sexual attack on a woman while working an off-duty security job.
Albany Police charged 41-year old David Gilliam with sexual battery, false imprisonment, and violation of oath of office.
Investigators say a 26 year old woman reported Gilliam tried to rape her in one of the rooms at the Superior Creek Lodge on North Slappey Boulevard February 4th. Gilliam worked at that motel as a Security Guard.
Dougherty County Police Chief Don Cheek said "He has been on suspension with pay status since the morning after this incident last week. We place him in a suspension status at that time and he had been relieved of all duties."
Warrants for Gilliam's arrest were signed Wednesday morning.
He turned himself in at the Sheriff's Office and was released on bond.
Dougherty County Police fired him Wednesday.
He worked for D-C-P since October 2005 and was assigned to the drug squad the last two years.
A Dougherty County Police Officer assigned to the Albany Dougherty Drug Unit is arrested for a sexual attack on a woman while working an off-duty security job.
Albany Police charged 41-year old David Gilliam with sexual battery, false imprisonment, and violation of oath of office.
Investigators say a 26 year old woman reported Gilliam tried to rape her in one of the rooms at the Superior Creek Lodge on North Slappey Boulevard February 4th. Gilliam worked at that motel as a Security Guard.
Dougherty County Police Chief Don Cheek said "He has been on suspension with pay status since the morning after this incident last week. We place him in a suspension status at that time and he had been relieved of all duties."
Warrants for Gilliam's arrest were signed Wednesday morning.
He turned himself in at the Sheriff's Office and was released on bond.
Dougherty County Police fired him Wednesday.
He worked for D-C-P since October 2005 and was assigned to the drug squad the last two years.
Two Officers Investigated for Beating Man
FRESNO, Calif.
Police are investigating the arrest of a homeless man after a video showed one officer striking the man as another officer restrained him.
The two officers have been put on desk duty. Police Chief Jerry Dyer said the officers' report said 52-year-old Glen Beaty was combative and intoxicated and he struck one officer in the arm.
The video made Monday by a bystander was shown on KSEE 24 in Fresno. It shows Beaty lying on his side on the ground being punched in the face at least five times.
Dyer says the recording is troubling but it's too early to determine whether the officers' actions were appropriate for the situation.
In another videotape case, a New York City police officer pleaded not guilty Wednesday to using excessive force on a man he was arresting last July.
The video obtained by his supervisors showed 43-year-old David London beating Army veteran Walter Harvin with a baton after he entered a city building without identification. The charge against Harvin was dropped.
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http://www.mercurynews.com/news/ci_11688754
Police are investigating the arrest of a homeless man after a video showed one officer striking the man as another officer restrained him.
The two officers have been put on desk duty. Police Chief Jerry Dyer said the officers' report said 52-year-old Glen Beaty was combative and intoxicated and he struck one officer in the arm.
The video made Monday by a bystander was shown on KSEE 24 in Fresno. It shows Beaty lying on his side on the ground being punched in the face at least five times.
Dyer says the recording is troubling but it's too early to determine whether the officers' actions were appropriate for the situation.
In another videotape case, a New York City police officer pleaded not guilty Wednesday to using excessive force on a man he was arresting last July.
The video obtained by his supervisors showed 43-year-old David London beating Army veteran Walter Harvin with a baton after he entered a city building without identification. The charge against Harvin was dropped.
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http://www.mercurynews.com/news/ci_11688754
Former Officer Rolando Balanos Jr Charged with Bank Robbery
The son of Hialeah's former police chief was arrested Wednesday morning, two days after he is accused of robbing a bank, according to detectives.
Rolando A. Bolaños Jr., a former police officer himself, was charged with the strong arm bank robbery of a Bank Atlantic in Hialeah -- a city where he's well known by police, politicians and attorneys.
Police said the former cop walked into the bank with a black baseball cap hanging low over his face, and then he handed the bank teller a note demanding money. He walked out with a stack of cash and rolled away in his black Mercedes Benz.
The married 36-year-old is the son of former Hialeah Police Chief Rolando Bolaños Sr., a man who was famous for single-handedly stopping bank robbers in 1996.
His voluntary arrest comes five years after his last run-in with the law, when the Hialeah police discovered Bolaños failed to disclose a grand theft auto charge when he applied for the department. The officer narrowly escaped misdemeanor charges by surrendering his police certification on Jan. 5, 2004.
A year earlier, the police chief's other son, Daniel Bolaños, resigned from the police department as well. He and his brother were arrested for a 1998 police brutality incident, and Daniel Bolaños later resigned under pressure from Miami-Dade prosecutors, who agreed to drop the two felony official misconduct counts.
After another joint police beating in April 2003, a jury found both brothers violated a man's civil rights when they beat him during an arrest.
Daniel Bolaños' defense attorney at the time, Michael Band, said his client's decision to leave law enforcement took a toll on other family members.
Family members did not say what toll Rolando Bolaños' recent arrest warrant would take on the family.
Daniel Bolaños, who was contacted Wednesday morning, sighed heavily into his phone's receiver as he said he already knew the purpose of the call.
''Right now, I have no comment,'' he said slowly, without changing a single tone in his voice.
He asked to be called later in the day.
According to Hialeah police spokesman Detective Carl Zogby, Bolaños used his own car to drive to and from the bank at 7775 W. 33rd Ave., and police tracked him down by identifying his license plate.
Wednesday morning, detectives got in contact with Bolaños Jr. or someone close to him and arranged an arrest by 10:50 a.m.
However, Hialeah Councilman José Caragol said anyone who would have seen Bolaños would have recognized him.
''He's easy to find. Everyone knows who and where his wife and kids are,'' he said.
Caragol, who served as the city's spokesman for more than two decades while Bolaños' father was police chief, said the chief took great care in raising his kids -- and that the bank robbery charge was a shame.
The former police chief once had an impeccable record with the Florida Department of Law Enforcement, and during the violent and chaotic 1980s, he ran Hialeah's police department with an iron fist.
Years later, Bolaños Sr. admitted to lying under oath when he told prosecutors he did not know about his son's 1989 arrest for auto theft, which later caused his son trouble when he was accused of lying on his application to the police department.
At the time, the chief told a prosecutor, ``If it came down to saving my son or telling the truth, I would have been happy to lie.''
Bolaños Sr. was Hialeah's first Hispanic police chief, and he briefly gained fame for arresting three bank robbers who happened to rob a Hialeah bank just as he drove by it.
Rolando A. Bolaños Jr., a former police officer himself, was charged with the strong arm bank robbery of a Bank Atlantic in Hialeah -- a city where he's well known by police, politicians and attorneys.
Police said the former cop walked into the bank with a black baseball cap hanging low over his face, and then he handed the bank teller a note demanding money. He walked out with a stack of cash and rolled away in his black Mercedes Benz.
The married 36-year-old is the son of former Hialeah Police Chief Rolando Bolaños Sr., a man who was famous for single-handedly stopping bank robbers in 1996.
His voluntary arrest comes five years after his last run-in with the law, when the Hialeah police discovered Bolaños failed to disclose a grand theft auto charge when he applied for the department. The officer narrowly escaped misdemeanor charges by surrendering his police certification on Jan. 5, 2004.
A year earlier, the police chief's other son, Daniel Bolaños, resigned from the police department as well. He and his brother were arrested for a 1998 police brutality incident, and Daniel Bolaños later resigned under pressure from Miami-Dade prosecutors, who agreed to drop the two felony official misconduct counts.
After another joint police beating in April 2003, a jury found both brothers violated a man's civil rights when they beat him during an arrest.
Daniel Bolaños' defense attorney at the time, Michael Band, said his client's decision to leave law enforcement took a toll on other family members.
Family members did not say what toll Rolando Bolaños' recent arrest warrant would take on the family.
Daniel Bolaños, who was contacted Wednesday morning, sighed heavily into his phone's receiver as he said he already knew the purpose of the call.
''Right now, I have no comment,'' he said slowly, without changing a single tone in his voice.
He asked to be called later in the day.
According to Hialeah police spokesman Detective Carl Zogby, Bolaños used his own car to drive to and from the bank at 7775 W. 33rd Ave., and police tracked him down by identifying his license plate.
Wednesday morning, detectives got in contact with Bolaños Jr. or someone close to him and arranged an arrest by 10:50 a.m.
However, Hialeah Councilman José Caragol said anyone who would have seen Bolaños would have recognized him.
''He's easy to find. Everyone knows who and where his wife and kids are,'' he said.
Caragol, who served as the city's spokesman for more than two decades while Bolaños' father was police chief, said the chief took great care in raising his kids -- and that the bank robbery charge was a shame.
The former police chief once had an impeccable record with the Florida Department of Law Enforcement, and during the violent and chaotic 1980s, he ran Hialeah's police department with an iron fist.
Years later, Bolaños Sr. admitted to lying under oath when he told prosecutors he did not know about his son's 1989 arrest for auto theft, which later caused his son trouble when he was accused of lying on his application to the police department.
At the time, the chief told a prosecutor, ``If it came down to saving my son or telling the truth, I would have been happy to lie.''
Bolaños Sr. was Hialeah's first Hispanic police chief, and he briefly gained fame for arresting three bank robbers who happened to rob a Hialeah bank just as he drove by it.
Officer David London Accused of Beating Suspect
Last July, Police Officer David London arrested a man in the Upper West Side building where he lived with his mother, accusing him of resisting arrest and disorderly conduct.
But the building’s surveillance video told a different story, District Attorney Robert M. Morgenthau said Wednesday.
It showed Officer London pulling the man out of an elevator, Mr. Morgenthau said, and beating him 18 to 20 times with a baton. The beating continued even after the man, Walter Harvin, fell to the ground, Mr. Morgenthau said. And even after Mr. Harvin was in handcuffs, Officer London delivered another eight to 10 blows, some with his feet, Mr. Morgenthau said.
Officer London, 43, has been indicted on charges of assault and filing false records and pleaded not guilty on Wednesday in State Supreme Court in Manhattan. He was released without bail. If convicted he faces up to seven years in prison.
Stephen C. Worth, his lawyer, said Officer London “maintains his innocence strenuously.”
Mr. Worth said his client was a 16-year veteran of the force assigned to a housing unit and is married with three children. He also has an exemplary record as a police officer, Mr. Worth added.
Daniel J. Castleman, the chief assistant district attorney, said, “We will dispute that,” but he declined to give details.
Mr. Worth said it was important to put the video of the beating in the context of what happened before and after it was captured.
“Oftentimes the videotape is the beginning of the story, not the end,” Mr. Worth said.
Several officers have been indicted in recent months after videos contradicted their accounts of how they made arrests. In December an officer was indicted on assault and other charges after a video showed him shoving a bicyclist in Times Square. Last month two undercover narcotics officers were charged with lying about a drug sting after a nightclub video showed they had had no contact with four men they arrested. Prosecutors dropped charges against the bicyclist and the four men after the videos came to light.
In Officer London’s case, prosecutors said they could not release the video, which came from surveillance cameras, to the public because it was part of the evidence. But they said it captured the episode in detail.
The confrontation took place on July 28, 2008, when Mr. Harvin, 29, an Iraq war veteran, was trying to get into his apartment building, a public housing project, at 93rd Street and Amsterdam Avenue, Mr. Morgenthau said. Officer London stopped him and asked for his identification. Mr. Harvin did not have any, nor did he have his key to the building, Mr. Morgenthau said, and he got into a shoving match with Officer London.
Mr. Harvin made it to the elevator, where the assault began, Mr. Morgenthau said. Mr. Harvin was arrested on charges of resisting arrest and disorderly conduct, but prosecutors dropped the charges last September after the surveillance video contradicted Officer London’s account.
Mr. Harvin suffered bruises and welts on his arms, back and head, Mr. Morgenthau said. Afterward, Mr. Harvin became homeless and drifted about the country, and prosecutors could not find him, Mr. Morgenthau said. But a lawyer representing Mr. Harvin informed the district attorney’s office Wednesday that he was back in New York.
“He’s a fragile person," said the lawyer, Adam Orlow, who added that Mr. Harvin suffered post-traumatic stress disorder from his time in Iraq. “He became only worse after this incident.”
He said he would file a civil rights lawsuit in federal court in Manhattan within the next two weeks.
Officer London was placed on modified duty shortly after the episode and was suspended without pay because of the indictment.
But the building’s surveillance video told a different story, District Attorney Robert M. Morgenthau said Wednesday.
It showed Officer London pulling the man out of an elevator, Mr. Morgenthau said, and beating him 18 to 20 times with a baton. The beating continued even after the man, Walter Harvin, fell to the ground, Mr. Morgenthau said. And even after Mr. Harvin was in handcuffs, Officer London delivered another eight to 10 blows, some with his feet, Mr. Morgenthau said.
Officer London, 43, has been indicted on charges of assault and filing false records and pleaded not guilty on Wednesday in State Supreme Court in Manhattan. He was released without bail. If convicted he faces up to seven years in prison.
Stephen C. Worth, his lawyer, said Officer London “maintains his innocence strenuously.”
Mr. Worth said his client was a 16-year veteran of the force assigned to a housing unit and is married with three children. He also has an exemplary record as a police officer, Mr. Worth added.
Daniel J. Castleman, the chief assistant district attorney, said, “We will dispute that,” but he declined to give details.
Mr. Worth said it was important to put the video of the beating in the context of what happened before and after it was captured.
“Oftentimes the videotape is the beginning of the story, not the end,” Mr. Worth said.
Several officers have been indicted in recent months after videos contradicted their accounts of how they made arrests. In December an officer was indicted on assault and other charges after a video showed him shoving a bicyclist in Times Square. Last month two undercover narcotics officers were charged with lying about a drug sting after a nightclub video showed they had had no contact with four men they arrested. Prosecutors dropped charges against the bicyclist and the four men after the videos came to light.
In Officer London’s case, prosecutors said they could not release the video, which came from surveillance cameras, to the public because it was part of the evidence. But they said it captured the episode in detail.
The confrontation took place on July 28, 2008, when Mr. Harvin, 29, an Iraq war veteran, was trying to get into his apartment building, a public housing project, at 93rd Street and Amsterdam Avenue, Mr. Morgenthau said. Officer London stopped him and asked for his identification. Mr. Harvin did not have any, nor did he have his key to the building, Mr. Morgenthau said, and he got into a shoving match with Officer London.
Mr. Harvin made it to the elevator, where the assault began, Mr. Morgenthau said. Mr. Harvin was arrested on charges of resisting arrest and disorderly conduct, but prosecutors dropped the charges last September after the surveillance video contradicted Officer London’s account.
Mr. Harvin suffered bruises and welts on his arms, back and head, Mr. Morgenthau said. Afterward, Mr. Harvin became homeless and drifted about the country, and prosecutors could not find him, Mr. Morgenthau said. But a lawyer representing Mr. Harvin informed the district attorney’s office Wednesday that he was back in New York.
“He’s a fragile person," said the lawyer, Adam Orlow, who added that Mr. Harvin suffered post-traumatic stress disorder from his time in Iraq. “He became only worse after this incident.”
He said he would file a civil rights lawsuit in federal court in Manhattan within the next two weeks.
Officer London was placed on modified duty shortly after the episode and was suspended without pay because of the indictment.
Officer Melissa Daniels Reprimanded Before Taser Death
The Soddy-Daisy police officer who used a Taser to stun a man who later died was reprimanded by the former police chief for her “inability to perform (her) duties as an officer” before that incident.
The undated letter, contained in Officer Melissa Daniels’ personnel file, states that her attention to detail and job performance had deteriorated to the point that she was inefficient in her job. The letter is signed by Officer Daniels and then-police chief David Loftis.
Officer Daniels’ personnel file contains no further explanation of what prompted Chief Loftis to write the letter.
The officer could not be reached for comment Tuesday. Chief Phillip Hamrick said she took a day off and would not be available.
On Jan. 4, Officer Daniels responded to a disturbance call at 9921 Dayton Pike. The police report stated that 52-year-old Roger Redden would not cooperate with officers and continued to struggle, so he was shot with a stun gun. He went into a coma and died 18 days later.
According to the police department’s policy on Tasers, “trained officers must go through annual retraining courses taught by a certified instructor in order to carry and deploy the Taser Device.” The policy was created June 9, 2008, and expires June 9 this year.
Officer Daniels received Taser training Aug. 13, 2004, through the Cleveland State Police Academy. She was trained again on Jan. 24 and passed the requirement of the Soddy-Daisy Police Department, according to a certificate in her personnel file. Her file does not contain any other Taser training certifications.
Officer Daniels was sworn into the Soddy-Daisy police department March 2, 2007. The reprimand’s letterhead shows that Bob Privett was mayor at the time. Current Mayor Gene Shipley took over in November 2007.
Mr. Privett, now the vice mayor, said he did not know about the reprimand letter in Officer Daniels’ file. He said commission members should have been informed once the reprimand was written.
“I think that all the commission should be made aware once we’ve had and have had complaints on the officer,” he said. “But we shouldn’t be in the decision-making process of the chief’s decision to reprimand.”
Mr. Loftis could not be reached for comment. His resignation as chief took effect Jan. 15.
Officer Daniels previously worked in Red Bank as an officer but quit because she disagreed “with officers being treated bad by ranked officers,” she wrote on her Soddy-Daisy application.
The Hamilton County Sheriff’s Office is continuing its investigation into the stun incident.
Chief Hamrick has said Officer Daniels will not be available for comment because of the pending investigation.
The undated letter, contained in Officer Melissa Daniels’ personnel file, states that her attention to detail and job performance had deteriorated to the point that she was inefficient in her job. The letter is signed by Officer Daniels and then-police chief David Loftis.
Officer Daniels’ personnel file contains no further explanation of what prompted Chief Loftis to write the letter.
The officer could not be reached for comment Tuesday. Chief Phillip Hamrick said she took a day off and would not be available.
On Jan. 4, Officer Daniels responded to a disturbance call at 9921 Dayton Pike. The police report stated that 52-year-old Roger Redden would not cooperate with officers and continued to struggle, so he was shot with a stun gun. He went into a coma and died 18 days later.
According to the police department’s policy on Tasers, “trained officers must go through annual retraining courses taught by a certified instructor in order to carry and deploy the Taser Device.” The policy was created June 9, 2008, and expires June 9 this year.
Officer Daniels received Taser training Aug. 13, 2004, through the Cleveland State Police Academy. She was trained again on Jan. 24 and passed the requirement of the Soddy-Daisy Police Department, according to a certificate in her personnel file. Her file does not contain any other Taser training certifications.
Officer Daniels was sworn into the Soddy-Daisy police department March 2, 2007. The reprimand’s letterhead shows that Bob Privett was mayor at the time. Current Mayor Gene Shipley took over in November 2007.
Mr. Privett, now the vice mayor, said he did not know about the reprimand letter in Officer Daniels’ file. He said commission members should have been informed once the reprimand was written.
“I think that all the commission should be made aware once we’ve had and have had complaints on the officer,” he said. “But we shouldn’t be in the decision-making process of the chief’s decision to reprimand.”
Mr. Loftis could not be reached for comment. His resignation as chief took effect Jan. 15.
Officer Daniels previously worked in Red Bank as an officer but quit because she disagreed “with officers being treated bad by ranked officers,” she wrote on her Soddy-Daisy application.
The Hamilton County Sheriff’s Office is continuing its investigation into the stun incident.
Chief Hamrick has said Officer Daniels will not be available for comment because of the pending investigation.
Detective Heidi Fischer Accused of Street Racing While on Duty
Ontario Provincial Police officer had her licence pulled and her cruiser impounded after being accused of violating the province's street-racing law while on duty.
Ontario law allows police to speed in the execution of their duties, Inspector Dave Ross said. An officer was pulled over on Jan. 31 along Highway 403, clocked at 165 km/h in a 100 km/h zone, the OPP said yesterday. An investigation determined there was no call or assignment requiring the officer to drive that fast, Insp. Ross said.
Detective Constable Heidi Fischer was charged under the Highway Traffic Act on Friday with driving more than 50 km/h above the posted limit. Her unmarked police cruiser has been impounded for the week.
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More Information: http://www.thestar.com/News/Ontario/article/585595
Ontario law allows police to speed in the execution of their duties, Inspector Dave Ross said. An officer was pulled over on Jan. 31 along Highway 403, clocked at 165 km/h in a 100 km/h zone, the OPP said yesterday. An investigation determined there was no call or assignment requiring the officer to drive that fast, Insp. Ross said.
Detective Constable Heidi Fischer was charged under the Highway Traffic Act on Friday with driving more than 50 km/h above the posted limit. Her unmarked police cruiser has been impounded for the week.
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More Information: http://www.thestar.com/News/Ontario/article/585595
Strip Searching Inmates for Minor Offenses Ruled Unconstitutional
The policy of strip-searching inmates held for minor offenses at the Burlington and Essex County jails is unconstitutional, a federal judge ruled this month.
More than 10,000 people arrested for minor crimes have been strip-searched at the facilities since 2003, a practice that could end up costing the counties millions of dollars, said Susan Chana Lask, a New York lawyer suing the jails.
"They just think the law stops at their doors, and they can do whatever they want," Lask said. "I'm fighting it and winning it to make sure constitutional rights are not stripped away in prison."
Similar lawsuits are pending against other county jails in New Jersey. The Camden County jail agreed in 2007 to pay $7.5 million to as many as 20,000 people strip-searched while held on minor charges.
Lask's case grew out of a lawsuit she filed on behalf of Albert Florence, a New Jersey man arrested while driving on I-295 in Burlington County in 2005.
A police check revealed that he had an outstanding warrant in Essex County for failing to pay a court fine, even though Florence produced documentation to show the fine had been paid.
He was held in the Burlington County jail for six days before being transferred to the Essex County jail. Florence said he was strip-searched at both facilities.
Lask successfully argued to make the case a class action, encompassing anyone strip-searched at either jail since 2003 while held on minor, "non-indictable" charges.
Burlington County jail officials argued that their procedures for inmates held on such offenses amounted to a "visual observation" of their bodies, not the more intrusive strip-search required for serious offenders.
They said the inspection of the nude inmates was necessary to ensure they were not smuggling contraband, to identify gang members through tattoos, and to detect health issues, such as evidence of the MRSA virus.
But District Judge Joseph Rodriguez said subjecting those arrested for minor violations to a strip search was unconstitutional unless there was "reasonable suspicion" they were carrying contraband.
"Thus, a hypothetical priest or minister arrested for allegedly skimming the Sunday collection would be subjected to the same degrading procedure as a gang member arrested on an allegation of drug charges," Rodriguez wrote in his Feb. 4 opinion.
He called that an "unreasonable result" of the jail's policy.
Rodriguez said federal circuit courts had "split" in recent years over whether strip-searches without reasonable suspicions are unconstitutional.
J. Brooks DiDonato, an attorney for Burlington County, said he could not comment at length on the case.
"The county fully intends on appealing and defending the case vigorously," he said.
A spokesman for the county could not be reached yesterday evening.
Lask said typical settlements for plaintiffs in these cases range from $1,500 to $3,000 each. She said she hoped to have a jury trial soon to determine damages.
More than 10,000 people arrested for minor crimes have been strip-searched at the facilities since 2003, a practice that could end up costing the counties millions of dollars, said Susan Chana Lask, a New York lawyer suing the jails.
"They just think the law stops at their doors, and they can do whatever they want," Lask said. "I'm fighting it and winning it to make sure constitutional rights are not stripped away in prison."
Similar lawsuits are pending against other county jails in New Jersey. The Camden County jail agreed in 2007 to pay $7.5 million to as many as 20,000 people strip-searched while held on minor charges.
Lask's case grew out of a lawsuit she filed on behalf of Albert Florence, a New Jersey man arrested while driving on I-295 in Burlington County in 2005.
A police check revealed that he had an outstanding warrant in Essex County for failing to pay a court fine, even though Florence produced documentation to show the fine had been paid.
He was held in the Burlington County jail for six days before being transferred to the Essex County jail. Florence said he was strip-searched at both facilities.
Lask successfully argued to make the case a class action, encompassing anyone strip-searched at either jail since 2003 while held on minor, "non-indictable" charges.
Burlington County jail officials argued that their procedures for inmates held on such offenses amounted to a "visual observation" of their bodies, not the more intrusive strip-search required for serious offenders.
They said the inspection of the nude inmates was necessary to ensure they were not smuggling contraband, to identify gang members through tattoos, and to detect health issues, such as evidence of the MRSA virus.
But District Judge Joseph Rodriguez said subjecting those arrested for minor violations to a strip search was unconstitutional unless there was "reasonable suspicion" they were carrying contraband.
"Thus, a hypothetical priest or minister arrested for allegedly skimming the Sunday collection would be subjected to the same degrading procedure as a gang member arrested on an allegation of drug charges," Rodriguez wrote in his Feb. 4 opinion.
He called that an "unreasonable result" of the jail's policy.
Rodriguez said federal circuit courts had "split" in recent years over whether strip-searches without reasonable suspicions are unconstitutional.
J. Brooks DiDonato, an attorney for Burlington County, said he could not comment at length on the case.
"The county fully intends on appealing and defending the case vigorously," he said.
A spokesman for the county could not be reached yesterday evening.
Lask said typical settlements for plaintiffs in these cases range from $1,500 to $3,000 each. She said she hoped to have a jury trial soon to determine damages.
Sgt Pete Bunch Charged with Resisting Arrest
SPOKANE
Officials with the Spokane Police Department confirm they arrested a sergeant with the Spokane County Sheriff's Office after an incident Friday morning.
Sergeant Pete Bunch has been identified as the person involved in the incident.
It started when a police officer was called to a home in the 3200 block of East Marie Court on Friday by a woman who dialed 911 to report that a suspicious person was in her backyard.
Court documents say the first officer on scene stopped Sgt. Bunch in the street, but Bunch would not look at him and he appeared to be in a daze.
Police say Bunch was uncooperative and wouldn't answer questions, saying only that he was looking for his lost dog.
The report says the officer grabbed Bunch's wrist to arrest him but Bunch tried to wiggle free.
"There was a point the officer felt he couldn't control the situation and needed to bring his tazer out to effect the arrest. It was at that point that other officers arrived and they were able to take him into custody," Officer Jen DeRuwe of the Spokane Police Department said.
Sgt. Bunch was taken to the Spokane County Jail and booked on a count of Resisting Arrest and Obstructing an Officer. It was only after he was taken into custody that he was formally identified as a sergeant with the sheriff's office.
"They didn't know until they checked his pocket after he was arrested," Officer DeRuwe said.
Police said that Bunch probably would not have been arrested had he just cooperated with his fellow law enforcement officers.
Spokane County Sheriff Ozzie Knezovich says Bunch has been on the force 32 years.
"These charges of all things, I would expect better from a seasoned veteran," Sheriff Knezovich said.
Sheriff Knezovich says that Bunch has been placed on paid administrative leave and that there will be an internal investigation into his conduct once the criminal case is complete.
"The county doesn't have a system where we put people on unpaid status. It's all paid leave. I don't like that system, so I'm going to find a way to plug the sergeant into a position where he can work and the taxpayers can get some benefit for that pay," Sheriff Knezovich said.
The Sheriff also wanted to assure people that no one gets preferential treatment when it comes to the law.
"This agency will hold people accountable. You've seen me hold people accountable and nothing has changed," Sheriff Knezovich said.
Bunch has been in trouble before and was once demoted from lieutenant to sergeant. The sheriff would not comment on past disciplinary actions taken against Bunch.
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http://www.ktvb.com/news/regional/stories/ktvbn-feb1009-sheriff_arrest.27d3288.html
Tuesday, February 10, 2009
Ralph Alexander Files Lawsuit Against Officers
A scar on Ralph Alexander's leg is a constant reminder to the 80 year old Liberty Township man of what he says happened to him on November 18, 2006 when two Liberty police officers responded to a burglary call at his home.
According to a federal lawsuit filed by Alexander in 2007, he says the officers violated his constitutional rights by making a false arrest, using excessive force and malicious prosecution. Alexander says he was tasered by police officers, Chad McGarry and George Bednar, when he ran out of his house with a loaded shotgun and refused to put it down. His attorney says Alexander had a live shell in the chamber for the robber, and he was trying to get it out before he put the gun down.
"The upshot was hands were laid on him. He was tasered, and his leg was open up, and he had a kinda nasty injury," said his attorney, Michael Rossi.
Liberty's police chief says he believes his officers handled the matter properly. "There is no question they acted very prudently, more prudently than they really had to. We will have experts testify so we can resolve it once we get there," said Liberty Police Chief Rick Tisone.
Alexander was arrested shortly after the incident and charged with two charges of assault on a police officer. Those felony charges were filed against Ralph Alexander in Girard Municipal Court, but were later reduced to misdemeanors and then dismissed due to speedy trial issues.
The civil case filed by Alexander is expected to go to trial March 3.
According to a federal lawsuit filed by Alexander in 2007, he says the officers violated his constitutional rights by making a false arrest, using excessive force and malicious prosecution. Alexander says he was tasered by police officers, Chad McGarry and George Bednar, when he ran out of his house with a loaded shotgun and refused to put it down. His attorney says Alexander had a live shell in the chamber for the robber, and he was trying to get it out before he put the gun down.
"The upshot was hands were laid on him. He was tasered, and his leg was open up, and he had a kinda nasty injury," said his attorney, Michael Rossi.
Liberty's police chief says he believes his officers handled the matter properly. "There is no question they acted very prudently, more prudently than they really had to. We will have experts testify so we can resolve it once we get there," said Liberty Police Chief Rick Tisone.
Alexander was arrested shortly after the incident and charged with two charges of assault on a police officer. Those felony charges were filed against Ralph Alexander in Girard Municipal Court, but were later reduced to misdemeanors and then dismissed due to speedy trial issues.
The civil case filed by Alexander is expected to go to trial March 3.
Daniel Hackett III Suing Pittsburgh for Officers Using Excessive Force
A Mt. Lebanon man is suing the city of Pittsburgh and one of its police officers, claiming that he was shot with a Taser several times for no reason.
Daniel A. Hackett III, 42, claims that the incident began on March 15 after he received a citation for failing to use a left-turn signal while on the South Side.
After he parked his car, the lawsuit says that Mr. Hackett, an accountant, saw a person urinating on a building and was nearly hit by a vehicle that ran a red light.
"In the immediate vicinity of these events, was a City of Pittsburgh patrol car in which defendant [Edward] Cunningham was a passenger," the lawsuit said. "As Mr. Hackett passed the vehicle he stated words to the effect that 'look ... there's a red light runner and there's a guy [urinating] on a building and I get a ticket for not using my turn signal?' "
Mr. Hackett claims he then walked into a convenience store but that Officer Cunningham grabbed him from behind and demanded his identification. When he complied, the lawsuit said, he was forcibly moved to the front of the store, and Officer Cunningham had his Taser drawn, pointed at Mr. Hackett.
"When he questioned Officer Cunningham why he was writing a citation and requested that his badge number be placed on the citation, [Hackett] was suddenly, without warning, and without any reasonable basis for doing so, Tasered several times causing him to collapse to the sidewalk," the lawsuit said.
Mr. Hackett claims he was shot by the Taser several more times while down on the sidewalk.
During the arrest, the lawsuit alleges, Mr. Hackett heard Officer Cunningham say, "this guy is from Upper St. Clair and he thinks that he is better than us."
Following the incident, Mr. Hackett was transported to UPMC South Side, where he was treated for his injuries. He then was taken to the Allegheny County Jail until about 3 p.m. the next day.
He was charged with resisting arrest and disorderly conduct but was acquitted on Dec. 4.
Mr. Hackett is seeking more than $50,000 in damages.
City attorneys could not be reached yesterday evening.
Daniel A. Hackett III, 42, claims that the incident began on March 15 after he received a citation for failing to use a left-turn signal while on the South Side.
After he parked his car, the lawsuit says that Mr. Hackett, an accountant, saw a person urinating on a building and was nearly hit by a vehicle that ran a red light.
"In the immediate vicinity of these events, was a City of Pittsburgh patrol car in which defendant [Edward] Cunningham was a passenger," the lawsuit said. "As Mr. Hackett passed the vehicle he stated words to the effect that 'look ... there's a red light runner and there's a guy [urinating] on a building and I get a ticket for not using my turn signal?' "
Mr. Hackett claims he then walked into a convenience store but that Officer Cunningham grabbed him from behind and demanded his identification. When he complied, the lawsuit said, he was forcibly moved to the front of the store, and Officer Cunningham had his Taser drawn, pointed at Mr. Hackett.
"When he questioned Officer Cunningham why he was writing a citation and requested that his badge number be placed on the citation, [Hackett] was suddenly, without warning, and without any reasonable basis for doing so, Tasered several times causing him to collapse to the sidewalk," the lawsuit said.
Mr. Hackett claims he was shot by the Taser several more times while down on the sidewalk.
During the arrest, the lawsuit alleges, Mr. Hackett heard Officer Cunningham say, "this guy is from Upper St. Clair and he thinks that he is better than us."
Following the incident, Mr. Hackett was transported to UPMC South Side, where he was treated for his injuries. He then was taken to the Allegheny County Jail until about 3 p.m. the next day.
He was charged with resisting arrest and disorderly conduct but was acquitted on Dec. 4.
Mr. Hackett is seeking more than $50,000 in damages.
City attorneys could not be reached yesterday evening.
Lawsuit Claims Utah Officers Used Excessive Force
Jury selection begins tomorrow in federal court for a trial stemming from a lawsuit that claims excessive force involving a Taser.
It stems from a traffic stop June 10, 2005, when Utah Highway Patrol says Anthony Rogers was spotted driving with a broken tail light. Troopers say he subsequently ran a red light and was interrogated for possibly driving under the influence.
He failed his sobriety tests and was about to be arrested, but that's when Rogers' attorney Michael Studebaker says the story took a disturbing turn.
He says, "Through the video we learned that actually at different times the Utah Highway Patrol/Riverdale Police officer used a Taser multiple times on Anthony, including while he was in handcuffs and in the back of a trooper's car. They actually took him out of the vehicle to Taser him some more."
In total, Rogers claims he was tased four times. More specifically, dash-cam video shows Rogers being tased twice as he's restrained by three officers. Then later, he is pulled from a police cruiser after he yelled and hit his head against the window of the car. Rogers' testimony indicates he was tasered two more times.
UHP says it was the Riverdale officer who tased him, but a spokesman for the Utah Highway Patrol denies excessive force was used.
"He was belligerent. He would not respond to our officers' commands," says Sgt. Jeff Nigbur. "And that is when he was out of cuffs and also after the fact when he was cuffed."
Nigbur says Rogers then tried to escape several times. Studebaker believes he has indisputable video evidence. He says, "Definitely, the video's there. I don't know how they can say he's out of control or not in restraints. There's three different officers on him, and when they go to execute the Taser on him just the first time, they actually have to jump off of him."
Riverdale police are declining comment pending the outcome of the court case.
Rogers is suing for damages.
It stems from a traffic stop June 10, 2005, when Utah Highway Patrol says Anthony Rogers was spotted driving with a broken tail light. Troopers say he subsequently ran a red light and was interrogated for possibly driving under the influence.
He failed his sobriety tests and was about to be arrested, but that's when Rogers' attorney Michael Studebaker says the story took a disturbing turn.
He says, "Through the video we learned that actually at different times the Utah Highway Patrol/Riverdale Police officer used a Taser multiple times on Anthony, including while he was in handcuffs and in the back of a trooper's car. They actually took him out of the vehicle to Taser him some more."
In total, Rogers claims he was tased four times. More specifically, dash-cam video shows Rogers being tased twice as he's restrained by three officers. Then later, he is pulled from a police cruiser after he yelled and hit his head against the window of the car. Rogers' testimony indicates he was tasered two more times.
UHP says it was the Riverdale officer who tased him, but a spokesman for the Utah Highway Patrol denies excessive force was used.
"He was belligerent. He would not respond to our officers' commands," says Sgt. Jeff Nigbur. "And that is when he was out of cuffs and also after the fact when he was cuffed."
Nigbur says Rogers then tried to escape several times. Studebaker believes he has indisputable video evidence. He says, "Definitely, the video's there. I don't know how they can say he's out of control or not in restraints. There's three different officers on him, and when they go to execute the Taser on him just the first time, they actually have to jump off of him."
Riverdale police are declining comment pending the outcome of the court case.
Rogers is suing for damages.
Lt. Adrian Mascorro Arrested for DWI
A Brownsville police lieutenant was arrested last week and charged with driving while intoxicated, the Texas Department of Public Safety confirmed on Tuesday.
Lt. Adrian Mascorro on Friday night was driving a 2007 Chevrolet Avalanche on Expressway 77/83, just south of San Benito, when a trooper spotted him speeding, said DPS spokesman Johnny Hernandez.
The trooper noticed the possible presence of alcohol on Mascorro's breath and put him through a field sobriety test, Hernandez said.
"After the field sobriety test he was arrested for DWI," the spokesman said. "It's a state jail felony instead of a misdemeanor because he had a person in the vehicle under 15 years of age."
According to the DPS, a state jail felony carries a sentence of 180 days to a maximum of two years and an optional fine up to $10,000
Mascorro was travelling with his family at the time of the arrest.
He was transported to Carrizalez-Rucker Detention Center where he was booked at 1 a.m. Saturday and released approximately 3 a.m. on a $2,000 personal recognizance bond, said Cameron County Sheriff's Department Chief Deputy Gus Reyna.
Mascorro has been placed on administrative leave with pay until the matter is resolved, said Carlos Garcia, chief of the Brownsville Police Department. The police department will conduct an administrative investigation into the arrest pursuant to departmental policy, he added.
"Lt. Mascorro has expressed deep regret for this incident especially for his family and the department," Garcia said.
Lt. Adrian Mascorro on Friday night was driving a 2007 Chevrolet Avalanche on Expressway 77/83, just south of San Benito, when a trooper spotted him speeding, said DPS spokesman Johnny Hernandez.
The trooper noticed the possible presence of alcohol on Mascorro's breath and put him through a field sobriety test, Hernandez said.
"After the field sobriety test he was arrested for DWI," the spokesman said. "It's a state jail felony instead of a misdemeanor because he had a person in the vehicle under 15 years of age."
According to the DPS, a state jail felony carries a sentence of 180 days to a maximum of two years and an optional fine up to $10,000
Mascorro was travelling with his family at the time of the arrest.
He was transported to Carrizalez-Rucker Detention Center where he was booked at 1 a.m. Saturday and released approximately 3 a.m. on a $2,000 personal recognizance bond, said Cameron County Sheriff's Department Chief Deputy Gus Reyna.
Mascorro has been placed on administrative leave with pay until the matter is resolved, said Carlos Garcia, chief of the Brownsville Police Department. The police department will conduct an administrative investigation into the arrest pursuant to departmental policy, he added.
"Lt. Mascorro has expressed deep regret for this incident especially for his family and the department," Garcia said.
Sgt Darryl Storey Arrested for Collision that Killed 18-year-old Woman
THUNDER BAY, Ont.
An Ontario Provincial Police officer has been criminally charged in the death of an 18-year-old woman following a collision in northwestern Ontario last December.
Sgt. Darryl Storey was arrested Monday and faces one count of criminal negligence causing death and dangerous driving causing death in the Dec. 3, 2008 collision.
He has been released and set to appear in a Thunder Bay courtroom on March 5, said a Tuesday news release.
The crash occurred between a OPP cruiser driven by Storey and a car driven by Jasmine Veneruzzo on Highway 11 and Twin City Crossroads in Thunder Bay.
Veneruzzo, an 18-year-old Murillo, Ont., woman, died from the crash.
Storey was believed to be have been on a routine patrol at the time of the collision.
The charges come as a result of an investigation launched by the Special Investigations Unit, a provincial body that looks into cases involving police and civilians resulting in sex assault, serious injuries or death.
Meanwhile, earlier Tuesday, the OPPalso announced that another officer has been charged with street racing for driving 65 kilometres over the speed limit.
Police say Det. Const. Heidi Fischer was not within the lawful execution of her duties on Jan. 31 when Brant County OPP stopped her unmarked police vehicle on Highway 403 for driving 165 kilometres per hour in a 100 km/h zone.
Fischer, an OPP officer for four years, had her driver's licence suspended for seven days. Her vehicle was also impounded for seven days.
She will appear in court in Brantford on March 24.
An Ontario Provincial Police officer has been criminally charged in the death of an 18-year-old woman following a collision in northwestern Ontario last December.
Sgt. Darryl Storey was arrested Monday and faces one count of criminal negligence causing death and dangerous driving causing death in the Dec. 3, 2008 collision.
He has been released and set to appear in a Thunder Bay courtroom on March 5, said a Tuesday news release.
The crash occurred between a OPP cruiser driven by Storey and a car driven by Jasmine Veneruzzo on Highway 11 and Twin City Crossroads in Thunder Bay.
Veneruzzo, an 18-year-old Murillo, Ont., woman, died from the crash.
Storey was believed to be have been on a routine patrol at the time of the collision.
The charges come as a result of an investigation launched by the Special Investigations Unit, a provincial body that looks into cases involving police and civilians resulting in sex assault, serious injuries or death.
Meanwhile, earlier Tuesday, the OPPalso announced that another officer has been charged with street racing for driving 65 kilometres over the speed limit.
Police say Det. Const. Heidi Fischer was not within the lawful execution of her duties on Jan. 31 when Brant County OPP stopped her unmarked police vehicle on Highway 403 for driving 165 kilometres per hour in a 100 km/h zone.
Fischer, an OPP officer for four years, had her driver's licence suspended for seven days. Her vehicle was also impounded for seven days.
She will appear in court in Brantford on March 24.
Campus Officer Investigated for Abusing His Police Dog
RENO, Nev.
University of Nevada, Reno's police chief says a campus police officer is under investigation following two separate complaints of citizen abuse and abuse of his police dog.
Chief Adam Garcia says the dog, a male German shepherd named Niko, was removed from service following the Jan. 29 complaint of animal cruelty. The dog was taken to a veterinary clinic for an examination and is being kept there pending an investigation.
Garcia tells the Reno Gazette-Journal that the incident is being investigated by the state attorney general's office.
Garcia also says the officer was placed on paid leave after another complaint was received Feb. 3 from several people alleging police abuse.
The officer's name was not released.
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Information from: Reno Gazette-Journal, http://www.rgj.com
More Information: http://www.rgj.com/article/20090210/NEWS01/902100347/1321/NEWS
University of Nevada, Reno's police chief says a campus police officer is under investigation following two separate complaints of citizen abuse and abuse of his police dog.
Chief Adam Garcia says the dog, a male German shepherd named Niko, was removed from service following the Jan. 29 complaint of animal cruelty. The dog was taken to a veterinary clinic for an examination and is being kept there pending an investigation.
Garcia tells the Reno Gazette-Journal that the incident is being investigated by the state attorney general's office.
Garcia also says the officer was placed on paid leave after another complaint was received Feb. 3 from several people alleging police abuse.
The officer's name was not released.
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Information from: Reno Gazette-Journal, http://www.rgj.com
More Information: http://www.rgj.com/article/20090210/NEWS01/902100347/1321/NEWS
Officer Kurtiss Kessler Arrested Again for Domestic Violence
A Kenosha police officer with a previous conviction for domestic violence was arrested Monday for allegedly pushing his girlfriend, pulling her hair and hitting her with a shoe.
Kurtiss J. Kessler, 35, of Kenosha, was shackled and wore a blue jailhouse uniform when he appeared for a bond hearing in Kenosha County Circuit Court. A $2,500 cash bond was ordered. Kessler must post that amount to get out of jail.
As a condition of bond, Kessler will not be allowed to carry a gun. Unless that condition is lifted, Kenosha Police Chief John Morrissey said Kessler is not qualified to work as a police officer.
Kessler will be put on an unpaid leave of absence, effective immediately upon his release from jail, Morrissey said.
No charges were filed Monday. However, prosecutor Richard Ginkowski said a criminal complaint would be ready this afternoon in time for Kessler’s next court hearing.
Kessler was arrested about 8 a.m. Monday at his home. Kenosha County Sheriff’s deputies were called regarding what Ginkowski described as a weekend-long argument that escalated from name-calling to physical abuse.
The alleged victim, Kessler’s girlfriend and the mother of his young child, reportedly recanted after talking to investigators. Prosecutors relied on her initial statements for the bond hearing.
The situation allegedly began about noon Friday, when the woman said she told Kessler she wanted to leave. Ginkowski said Kessler somehow kept the woman from leaving and the woman spent the night.
By 10 a.m. Saturday, the woman said she and Kessler got into a series of squabbles that led to Kessler pushing her. The woman’s 7-year-old son — Kessler is not his father — said his mother nearly fell.
Arguments continued throughout Saturday, culminating when Kessler allegedly twice threw a remote control at his girlfriend. She was not hit.
Another round of arguments Sunday led the girlfriend to try to leave again. Kessler reportedly said he did not want her to leave, but the woman continued toward the door.
“I felt Kurtiss grab my hair and pull me away and down to the ground,” the woman said.
When the woman tried again to leave, she said Kessler threw a tennis shoe at her. Both of the woman’s sons were watching as the shoe hit the back of her neck.
Throughout the weekend, the woman said she felt she could not leave the home. Ginkowski did not elaborate about why, although another court official said the woman did not drive and relied on Kessler for transportation.
The woman tried to take back her story Monday. However, Ginkowski said, she told deputies over the weekend that she feared for her safety. She also feared that Kessler might lose his job at the Kenosha Police Department.
“That is in the balance,” defense attorney Larry Keating said.
Keating pressed for a lesser bond, largely because the alleged victim was not seriously hurt.
Mason rejected the request, largely because of Kessler’s job.
“He is a police officer and he, quote, ought to know better,” Mason said.
Kessler’s criminal history also figured into his bond.
In 2004, Kessler was charged for pointing his duty handgun at his then-girlfriend’s head.
Kessler pleaded guilty to vandalism and two counts of disorderly conduct for the November 2003 incident. He was sentenced to three days in jail and two years probation, which he successfully completed. He also was ordered to pay $1,500 in fines and pay restitution.
Other charges of vandalism, disorderly conduct and pointing a firearm at a person’s head were dismissed but read into Kessler’s record, which meant they were considered for sentencing.
But Kessler was suspended for 55 days without pay. Much of that suspension was served while Kessler was on bond, which also prevented him from carrying a gun. He could not work for four months, as a result.
Former Police Chief Dan Wade said investigators found nothing “legally substantial” to support the gun claim and, therefore, dismissal from the department was not warranted.
Morrissey said it was too early to decide Kessler’s future with the department in light of the new allegations, but said he would not wait until the case was over to decide.
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http://dailykenoshan.com/index.php?option=com_content&task=view&id=7392&Itemid=102
Kurtiss J. Kessler, 35, of Kenosha, was shackled and wore a blue jailhouse uniform when he appeared for a bond hearing in Kenosha County Circuit Court. A $2,500 cash bond was ordered. Kessler must post that amount to get out of jail.
As a condition of bond, Kessler will not be allowed to carry a gun. Unless that condition is lifted, Kenosha Police Chief John Morrissey said Kessler is not qualified to work as a police officer.
Kessler will be put on an unpaid leave of absence, effective immediately upon his release from jail, Morrissey said.
No charges were filed Monday. However, prosecutor Richard Ginkowski said a criminal complaint would be ready this afternoon in time for Kessler’s next court hearing.
Kessler was arrested about 8 a.m. Monday at his home. Kenosha County Sheriff’s deputies were called regarding what Ginkowski described as a weekend-long argument that escalated from name-calling to physical abuse.
The alleged victim, Kessler’s girlfriend and the mother of his young child, reportedly recanted after talking to investigators. Prosecutors relied on her initial statements for the bond hearing.
The situation allegedly began about noon Friday, when the woman said she told Kessler she wanted to leave. Ginkowski said Kessler somehow kept the woman from leaving and the woman spent the night.
By 10 a.m. Saturday, the woman said she and Kessler got into a series of squabbles that led to Kessler pushing her. The woman’s 7-year-old son — Kessler is not his father — said his mother nearly fell.
Arguments continued throughout Saturday, culminating when Kessler allegedly twice threw a remote control at his girlfriend. She was not hit.
Another round of arguments Sunday led the girlfriend to try to leave again. Kessler reportedly said he did not want her to leave, but the woman continued toward the door.
“I felt Kurtiss grab my hair and pull me away and down to the ground,” the woman said.
When the woman tried again to leave, she said Kessler threw a tennis shoe at her. Both of the woman’s sons were watching as the shoe hit the back of her neck.
Throughout the weekend, the woman said she felt she could not leave the home. Ginkowski did not elaborate about why, although another court official said the woman did not drive and relied on Kessler for transportation.
The woman tried to take back her story Monday. However, Ginkowski said, she told deputies over the weekend that she feared for her safety. She also feared that Kessler might lose his job at the Kenosha Police Department.
“That is in the balance,” defense attorney Larry Keating said.
Keating pressed for a lesser bond, largely because the alleged victim was not seriously hurt.
Mason rejected the request, largely because of Kessler’s job.
“He is a police officer and he, quote, ought to know better,” Mason said.
Kessler’s criminal history also figured into his bond.
In 2004, Kessler was charged for pointing his duty handgun at his then-girlfriend’s head.
Kessler pleaded guilty to vandalism and two counts of disorderly conduct for the November 2003 incident. He was sentenced to three days in jail and two years probation, which he successfully completed. He also was ordered to pay $1,500 in fines and pay restitution.
Other charges of vandalism, disorderly conduct and pointing a firearm at a person’s head were dismissed but read into Kessler’s record, which meant they were considered for sentencing.
But Kessler was suspended for 55 days without pay. Much of that suspension was served while Kessler was on bond, which also prevented him from carrying a gun. He could not work for four months, as a result.
Former Police Chief Dan Wade said investigators found nothing “legally substantial” to support the gun claim and, therefore, dismissal from the department was not warranted.
Morrissey said it was too early to decide Kessler’s future with the department in light of the new allegations, but said he would not wait until the case was over to decide.
_____________
http://dailykenoshan.com/index.php?option=com_content&task=view&id=7392&Itemid=102
Judge Curtissa Cofield Faces Disciplinary Hearing in DUI Case
HARTFORD, Conn.
A judge charged with drunken driving and videotaped using racial slurs while arguing with police officers was suspended without pay Monday for 240 days by a judicial review panel.
Superior Court Judge E. Curtissa Cofield, who was confirmed as Connecticut's first black female judge in 1991, apologized to the state Judicial Review Council.
"I regret that my actions may have tarnished the institution that I love," she said. "I've embarrassed and humiliated my family and loved ones, and disappointed my friends."
The panel determined, by unanimous vote, that Cofield's "disparaging and demeaning" comments failed to live up to the standards of integrity and impartiality expected of judges. The council could have imposed up to a one-year suspension and recommended her permanent removal by the Connecticut Supreme Court, but instead settled on the lesser suspension.
Cofield told reporters she would not appeal.
She was arrested the night of Oct. 9 after her car hit a parked state police cruiser in a construction zone on Route 2 in Glastonbury. Police say she told them she hadn't had any alcohol, but she failed a sobriety test, and urine tests later that night showed she had a blood-alcohol level twice the legal limit of 0.08.
She also argued with state and Glastonbury police officers. A surveillance camera at the Glastonbury police department captured the exchanges on video, which shows her using the N-word, calling a black state trooper "Negro," threatening that trooper's job, referring to a female officer as "little girl" and "Barbie" and using other offensive language.
"When I watched the video, I did not recognize myself," Cofield told the council. "The woman I observed that night is not the woman I am."
Cofield acknowledged that her conduct was "reprehensible," but said she did not willfully violate the conduct code because her judgment was impaired by her intoxication.
Judge Susan S. Reynolds appeared to stump Cofield when she asked why Cofield's comments were not racist.
"Why is it not racism .... hmmm. I think for crimes like bias you have to have intent," Cofield said. "All I can say is I was really intoxicated. ... I can't explain it. Why is it not racism ... I don't know. But if it is or someone perceives that it is, I apologize for that."
Other judges subpoenaed to testify said Cofield received above-average job evaluations and her reputation was excellent.
Marvin Zelman, a psychiatrist who said he has spent 15 hours with Cofield, testified that she was under a lot of stress in 2008. Her father died that year, her mother's house burned down and her adult children had legal problems.
"She's had an impeccable record (as a judge) for 17 years and I see no reason she couldn't continue," Zelman said.
Cofield has been accepted into the state's alcohol education program for first-time DUI offenders, and the drunken driving charge will be dismissed if she successfully completes the program.
More Information: http://www.kansascity.com/811/story/1025587.html
Shoot First...Ask Questions Later
A man is approached by four plain-clothed officers on the streets of New York City and is told to stop what he is doing and to put his hands up. The officers briefly question this young man, who is 23-years-old and a recent immigrant to America. The young man is confused and reaches for his wallet to show his identification. As soon as the young man makes this move, one of the officers shouts “Gun!” and the officers quickly fire 41 fatal shots into his body.
This man, Amadou Diallo, was viciously murdered by police officers on Feb. 4, 1999. Diallo was approached because he was mistaken for a rapist, as he supposedly fit the description. Diallo came to America from West Africa with the hope of furthering his education and living a more successful life. Sadly, his ambitions did not come true because he was brutally murdered by the police.
A few months back, in late October of 2008, a young man of just 20 years stepped outside his house because he heard suspicious noises. He was recently married, and his wife was expecting. He wanted to make sure that his household was safe, so he grabbed a broom and stepped out to his front lawn to see what was causing the commotion. Soon after, he was shot twice and fell to the floor dead. One bullet struck his heart. This young man was Julian Alexander. Today he is dead because police officers mistook him for a burglar they were chasing. This occurred in Anaheim, California, not too far from Irvine.
On New Year’s Eve, Oscar Grant was taken out of a subway train by police officers. He was unarmed and lying face down on the ground when an officer pulled out his gun and shot him in the back. Just before he died, Grant pleaded with the cops not to shoot him, telling them that he had a 4-year-old daughter at home. I could go on about how many innocent lives were taken by bullets fired by police officers; but the point is that police brutality happens all the time, and overwhelmingly, black and brown men are the victims.
The cops just get away with it.
Police officers are human like everyone else. But this also means that they may hold racist views that anyone may hold. The only difference is they have a badge and a gun. If they see a black man walking down the street, they can act on their racist thinking, can legally shoot and kill that man and label him as a threat to justify their actions. Police officers have the law on their side, while a man on the street does not. Judges rarely, if ever, sentence cops for their discriminatory acts toward innocent people. They are legally allowed to racially profile and murder black and brown people.
Diallo was shot because he “fit the description” of a rapist. What was the description? Diallo was black, and therefore a threat. Julian Alexander was black, 6-feet-5-inches and 240 pounds. Does his appearance mean that he should be dead? Time and time again, police officers use their guns and weapons before asking questions. Unfortunately, the murders of innocent people continue because the police can get away with it. The police have a job to “serve and protect,” but the question is, serve and protect who?
In the case of Grant, brave witnesses recorded the horrendous actions of the police and put it on YouTube, despite officer’s demands that they turn in their cell phones and cameras. This time, America witnessed inequality and racism in action. The video on YouTube that broadcasted Oscar Grant’s death led to protests in Oakland and around the country. People were not angry over this isolated incident that happened at the Bay Area Rapid Transit Station. People were angry because they have seen men like Oscar Grant murdered too many times before. Demonstrations against police brutality erupted because of the unjust killings of numerous innocent victims, who for many were sons, husbands, brothers, friends and neighbors. Grant was just the straw that broke the camel’s back.
On Monday, Jan. 26, concerned students around the UC system gathered together to stand up against police brutality. UC Berkeley, UC Riverside, UC San Diego, UCLA and UC Irvine walked out of class and held a march and rally in honor of those who died from police brutality. Students expressed the need to be aware of this critical issue. They will not tolerate police brutality.
Clearly, the stories of Grant, Alexander, Diallo and countless others demonstrate that racist ideologies still permeate America, even though our president is black. People still die every day because of the color of their skin. We must be aware of what is going on, in order to make this society a better place. In a fair society, no one is above the law.
Written by Hui-Ling Malone. He is a third-year international studies major. He can be reached at hmalone@uci.edu.
This man, Amadou Diallo, was viciously murdered by police officers on Feb. 4, 1999. Diallo was approached because he was mistaken for a rapist, as he supposedly fit the description. Diallo came to America from West Africa with the hope of furthering his education and living a more successful life. Sadly, his ambitions did not come true because he was brutally murdered by the police.
A few months back, in late October of 2008, a young man of just 20 years stepped outside his house because he heard suspicious noises. He was recently married, and his wife was expecting. He wanted to make sure that his household was safe, so he grabbed a broom and stepped out to his front lawn to see what was causing the commotion. Soon after, he was shot twice and fell to the floor dead. One bullet struck his heart. This young man was Julian Alexander. Today he is dead because police officers mistook him for a burglar they were chasing. This occurred in Anaheim, California, not too far from Irvine.
On New Year’s Eve, Oscar Grant was taken out of a subway train by police officers. He was unarmed and lying face down on the ground when an officer pulled out his gun and shot him in the back. Just before he died, Grant pleaded with the cops not to shoot him, telling them that he had a 4-year-old daughter at home. I could go on about how many innocent lives were taken by bullets fired by police officers; but the point is that police brutality happens all the time, and overwhelmingly, black and brown men are the victims.
The cops just get away with it.
Police officers are human like everyone else. But this also means that they may hold racist views that anyone may hold. The only difference is they have a badge and a gun. If they see a black man walking down the street, they can act on their racist thinking, can legally shoot and kill that man and label him as a threat to justify their actions. Police officers have the law on their side, while a man on the street does not. Judges rarely, if ever, sentence cops for their discriminatory acts toward innocent people. They are legally allowed to racially profile and murder black and brown people.
Diallo was shot because he “fit the description” of a rapist. What was the description? Diallo was black, and therefore a threat. Julian Alexander was black, 6-feet-5-inches and 240 pounds. Does his appearance mean that he should be dead? Time and time again, police officers use their guns and weapons before asking questions. Unfortunately, the murders of innocent people continue because the police can get away with it. The police have a job to “serve and protect,” but the question is, serve and protect who?
In the case of Grant, brave witnesses recorded the horrendous actions of the police and put it on YouTube, despite officer’s demands that they turn in their cell phones and cameras. This time, America witnessed inequality and racism in action. The video on YouTube that broadcasted Oscar Grant’s death led to protests in Oakland and around the country. People were not angry over this isolated incident that happened at the Bay Area Rapid Transit Station. People were angry because they have seen men like Oscar Grant murdered too many times before. Demonstrations against police brutality erupted because of the unjust killings of numerous innocent victims, who for many were sons, husbands, brothers, friends and neighbors. Grant was just the straw that broke the camel’s back.
On Monday, Jan. 26, concerned students around the UC system gathered together to stand up against police brutality. UC Berkeley, UC Riverside, UC San Diego, UCLA and UC Irvine walked out of class and held a march and rally in honor of those who died from police brutality. Students expressed the need to be aware of this critical issue. They will not tolerate police brutality.
Clearly, the stories of Grant, Alexander, Diallo and countless others demonstrate that racist ideologies still permeate America, even though our president is black. People still die every day because of the color of their skin. We must be aware of what is going on, in order to make this society a better place. In a fair society, no one is above the law.
Written by Hui-Ling Malone. He is a third-year international studies major. He can be reached at hmalone@uci.edu.
Monday, February 09, 2009
Sheriff Joe Arpaio Makes Arizona a Laughing-Stock
Arizona's recent claims to fame have included the Cardinals' improbable and heart-wrenching trip to the Super Bowl and a mammoth budget deficit that has led the State Legislature to make sizeable cuts in education, health care and public services. But the state's perennial national blemish is none other than four-time re-elected sheriff of Maricopa County, the infamous Joe Arpaio, better known simply as Sheriff Joe.
Sheriff Joe is known to his supporters as "America's Toughest Sheriff," and to his many detractors, including Amnesty International, the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee and the Anti-Defamation League as an alarming public official, prone to flirting with human rights violations in order to maintain his "tough" reputation. Famous examples of his flouting prisoner's rights include reinstating the archaic practice of chain-gangs, feeding prisoners just twice a day and with expired food, housing them in tents that can reach 150 degrees Fahrenheit in Arizona summers, and obliging them to wear pink underwear emblazoned with the words "Go Joe."
In 2005, Sheriff Joe forced 700 maximum-security prisoners to march four blocks between jails in nothing but pink boxer-shorts and flip-flops. His excuse was that he didn't want the inmates to be able to hide weapons in their clothes, but the march served as just another publicity stunt to dehumanize and disgrace the detainees.
Recently, Sheriff Joe has been at his best. In an exploit that caused the Huffington Post to name Arpaio its "unconscionable idiot of the week," he arranged massive media coverage and on Feb. 4 paraded 200 undocumented immigrants dressed in old-fashioned striped prison garb and shackles from the county jail to Tent City, where they will await trial. That's right: none of the hundreds of detainees has even been sentenced yet. Arpaio claimed that the event was a "cost-saver," an excuse I can't even begin to fathom. How is outfitting 200 untried men in new prison uniforms and orchestrating a full-fledged media circus a cost-saver?
With Sheriff Joe's notorious dearth of transparency, we'll probably never understand that excuse. But even so, when has cutting costs ever justified gross Constitutional and human-rights violations? The New York Times called Arpaio "off the rails" in a Feb. 5 editorial about the incident. If one county's sheriff is drawing the notice and antipathy of the largest metropolitan newspaper in the United States, then Arizona has a major public relations problem.
To add insult to injury, Sheriff Joe stars in a reality television show on Fox Reality. "Smile… You're Under Arrest!" aired Dec. 27, 2008. The show's premise is that people with outstanding warrants are hoodwinked into presenting themselves for arrest, with stunts like fake movie casting calls or fashion shows. At the end of each episode, Sheriff Joe and his costars arrest the unwitting crooks.
Clearly, Arpaio has a strong taste for publicity at others' expense. But he's an elected official and as such, this sort of behavior is unacceptable. How does the sheriff of the fourth-most-populated county in the nation have time for a television show? Still, he manages to fulfill his other self-proclaimed duties, chief among them barefacedly breaching prisoner's rights and terrorizing undocumented migrants.
And here we come to why residents of Maricopa County continue, unfathomably, to re-elect Sheriff Joe. He is "tough on illegal immigration." Well, yes, but Joe McCarthy was famously "tough on Communism." Toughness does not indicate sound policy, and Arpaio is nothing more than a dangerous buffoon whose fear-mongering will do little to improve Arizona in the long run. All he will really do is make himself, and our fair state, a national laughing-stock. Thanks, Joe!
Sheriff Joe is known to his supporters as "America's Toughest Sheriff," and to his many detractors, including Amnesty International, the American Civil Liberties Union, the Arizona Ecumenical Council, the American Jewish Committee and the Anti-Defamation League as an alarming public official, prone to flirting with human rights violations in order to maintain his "tough" reputation. Famous examples of his flouting prisoner's rights include reinstating the archaic practice of chain-gangs, feeding prisoners just twice a day and with expired food, housing them in tents that can reach 150 degrees Fahrenheit in Arizona summers, and obliging them to wear pink underwear emblazoned with the words "Go Joe."
In 2005, Sheriff Joe forced 700 maximum-security prisoners to march four blocks between jails in nothing but pink boxer-shorts and flip-flops. His excuse was that he didn't want the inmates to be able to hide weapons in their clothes, but the march served as just another publicity stunt to dehumanize and disgrace the detainees.
Recently, Sheriff Joe has been at his best. In an exploit that caused the Huffington Post to name Arpaio its "unconscionable idiot of the week," he arranged massive media coverage and on Feb. 4 paraded 200 undocumented immigrants dressed in old-fashioned striped prison garb and shackles from the county jail to Tent City, where they will await trial. That's right: none of the hundreds of detainees has even been sentenced yet. Arpaio claimed that the event was a "cost-saver," an excuse I can't even begin to fathom. How is outfitting 200 untried men in new prison uniforms and orchestrating a full-fledged media circus a cost-saver?
With Sheriff Joe's notorious dearth of transparency, we'll probably never understand that excuse. But even so, when has cutting costs ever justified gross Constitutional and human-rights violations? The New York Times called Arpaio "off the rails" in a Feb. 5 editorial about the incident. If one county's sheriff is drawing the notice and antipathy of the largest metropolitan newspaper in the United States, then Arizona has a major public relations problem.
To add insult to injury, Sheriff Joe stars in a reality television show on Fox Reality. "Smile… You're Under Arrest!" aired Dec. 27, 2008. The show's premise is that people with outstanding warrants are hoodwinked into presenting themselves for arrest, with stunts like fake movie casting calls or fashion shows. At the end of each episode, Sheriff Joe and his costars arrest the unwitting crooks.
Clearly, Arpaio has a strong taste for publicity at others' expense. But he's an elected official and as such, this sort of behavior is unacceptable. How does the sheriff of the fourth-most-populated county in the nation have time for a television show? Still, he manages to fulfill his other self-proclaimed duties, chief among them barefacedly breaching prisoner's rights and terrorizing undocumented migrants.
And here we come to why residents of Maricopa County continue, unfathomably, to re-elect Sheriff Joe. He is "tough on illegal immigration." Well, yes, but Joe McCarthy was famously "tough on Communism." Toughness does not indicate sound policy, and Arpaio is nothing more than a dangerous buffoon whose fear-mongering will do little to improve Arizona in the long run. All he will really do is make himself, and our fair state, a national laughing-stock. Thanks, Joe!
Son of Former Sheriff Steve Whitmill Charged with Impersonating Officer
The son of a former sheriff has been charged with impersonating an undercover drug task force officer after allegedly threatening to arrest a man during the weekend.
Dustin Evan Whitmill, 22, was charged after allegedly threatening to take a man to jail Saturday night if he did not provide them with information about illegal drug activity, according to a police report.
Whitmill’s father is former Washington County Sheriff Steve Whitmill.
Facing different charges are brothers Andrew and Brian Wesoloski, both 23.
A neighbor of Dustin Whitmill’s asked Whitmill and the others not to drive around recklessly and Dustin Whitmill was reported to have said, “Do you know who I am?” He then identified himself as the former sheriff’s son, presented identification and said he worked for the 4th Judicial Drug Task Force, the police report said.
The neighbor told a police dispatcher the men were intoxicated and said the Wesoloski brothers had threatened him with guns. The three men were later arrested on U.S. 71, the report said.
Dustin Whitmill worked as a jailer for the Washington County Detention Center for just more than a week in February 2006 but is no longer employed with the sheriff’s office, a spokeswoman for the county said. She was not able to give details on why he left the position, she said.
Dustin Whitmill faces preliminary charges of criminal impersonation, criminal use of a prohibited weapon, first-degree false imprisonment and possession of drug paraphernalia.
Both Wesoloski brothers face preliminary charges of aggravated assault, first-degree false imprisonment and criminal use of a prohibited weapon, while Andrew Wesoloski was also arrested on a charge of driving while intoxicated.
All three men could face enhanced sentencing if convicted under the state’s anti-gang laws for “engaging in violent criminal group activity.”
Steve Whitmill resigned from his sheriff’s position in March 2004 after accepting a security job with Tyson Foods Inc. He had been elected sheriff in 2000.
Dustin Whitmill was released from Washington County Detention Center Sunday after posting bail on a $15,000 bond, while the Wesoloski brothers remained in jail Monday.
Dustin Evan Whitmill, 22, was charged after allegedly threatening to take a man to jail Saturday night if he did not provide them with information about illegal drug activity, according to a police report.
Whitmill’s father is former Washington County Sheriff Steve Whitmill.
Facing different charges are brothers Andrew and Brian Wesoloski, both 23.
A neighbor of Dustin Whitmill’s asked Whitmill and the others not to drive around recklessly and Dustin Whitmill was reported to have said, “Do you know who I am?” He then identified himself as the former sheriff’s son, presented identification and said he worked for the 4th Judicial Drug Task Force, the police report said.
The neighbor told a police dispatcher the men were intoxicated and said the Wesoloski brothers had threatened him with guns. The three men were later arrested on U.S. 71, the report said.
Dustin Whitmill worked as a jailer for the Washington County Detention Center for just more than a week in February 2006 but is no longer employed with the sheriff’s office, a spokeswoman for the county said. She was not able to give details on why he left the position, she said.
Dustin Whitmill faces preliminary charges of criminal impersonation, criminal use of a prohibited weapon, first-degree false imprisonment and possession of drug paraphernalia.
Both Wesoloski brothers face preliminary charges of aggravated assault, first-degree false imprisonment and criminal use of a prohibited weapon, while Andrew Wesoloski was also arrested on a charge of driving while intoxicated.
All three men could face enhanced sentencing if convicted under the state’s anti-gang laws for “engaging in violent criminal group activity.”
Steve Whitmill resigned from his sheriff’s position in March 2004 after accepting a security job with Tyson Foods Inc. He had been elected sheriff in 2000.
Dustin Whitmill was released from Washington County Detention Center Sunday after posting bail on a $15,000 bond, while the Wesoloski brothers remained in jail Monday.
Arraignment Held for Former Deputy Marc Diaz Accused of Rape
On Friday, the former Riverside County Sheriff's Deputy accused of raping a woman in La Quinta on Saturday pled not guilty to the charges. 35-year old Marc Diaz of Indio was arraigned on charges of kidnapping to commit rape, and two counts of rape under the threat of the authority of a public official. If convicted, he could face life in prison, without the possibility of parole.
The arraignment took place at the same Indio courthouse where the nine-year veteran of the sheriff's department once worked. Diaz is accused of walking into a business in the 78-000 block of Highway 111, and displaying a law enforcement badge. He then allegedly ordered a woman into his pickup truck, and drove her to a secluded place near Washington Street and Country Club Drive, where he raped her.
We've also learned more about Diaz's 2004 arrest on suspicion of hiring a prostitute. According to Indio police, the solicitation took place on June 25, 2004, near Bliss and Oasis streets. But today, the Riverside District Attorney's office said it did not file charges because of insufficient evidence.
On the rape charges, Diaz is being held on $1 million dollars bail and has requested a public defender. A felony settlement conference is set for February 19th. Meantime, the Coachella Valley Unified School District continues to have no comment on reports that Diaz worked for that district.
Former Trooper Mark Lemieux Pleads Guilty to Extortion
BOSTON
A former state trooper has pleaded guilty to using extortion to collect drug debts and conspiring to distribute the prescription painkiller OxyContin.
The U.S. Attorney's office says Mark Lemieux of Norfolk pleaded guilty Monday, the first day of his trial in federal court. He faces up to 20 years in prison and up to $1.25 million in fines when he is sentenced May 21.
Lemieux and three others, including a retired state trooper, were arrested in May 2007 on charges they participated in an Oxycontin ring.
Joseph Catanese, who had worked with Lemieux on a police task force targeting drug dealers, pleaded guilty last fall in a deal with prosecutors to using extortion to collect drug debts and conspiring to obstruct justice.
Tara Drummey of Norfolk and Patrick McCarthy of Yarmouth also have pleaded guilty in the case. Drummey was sentenced to more than three years in prison and McCarthy to nearly 3 1/2 years.
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http://www.metrobostonnews.com/us/article/2009/02/10/04/1427-80/index.xml
A former state trooper has pleaded guilty to using extortion to collect drug debts and conspiring to distribute the prescription painkiller OxyContin.
The U.S. Attorney's office says Mark Lemieux of Norfolk pleaded guilty Monday, the first day of his trial in federal court. He faces up to 20 years in prison and up to $1.25 million in fines when he is sentenced May 21.
Lemieux and three others, including a retired state trooper, were arrested in May 2007 on charges they participated in an Oxycontin ring.
Joseph Catanese, who had worked with Lemieux on a police task force targeting drug dealers, pleaded guilty last fall in a deal with prosecutors to using extortion to collect drug debts and conspiring to obstruct justice.
Tara Drummey of Norfolk and Patrick McCarthy of Yarmouth also have pleaded guilty in the case. Drummey was sentenced to more than three years in prison and McCarthy to nearly 3 1/2 years.
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http://www.metrobostonnews.com/us/article/2009/02/10/04/1427-80/index.xml
Police Investigator Matthew Sullivan Accused of DWI
ONEIDA COUNTY, N.Y.
A State Police Investigator has been arrested after being accused of driving under the influence.
State Police say Investigator Matthew Sullivan's BAC was.09 when he was pulled over for speeding in Remsen Friday night. Sullivan, also the Director of the Great American Irish Festival, is a 19 year veteran of the State Police and assigned to Troop D. He has been charged with DWI and has been suspended with pay.
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More Information:
http://www.wktv.com/news/local/39331232.html
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