A city police officer was suspended after someone posted to the Web a video of him, in a bar and apparently intoxicated, joking about a homicide victim.
In his profanity-laced rant, James Cousins II talks about the victim being shot in the forehead and his body lying outside a bar below a malt liquor sign that reads, "take it to the head." He laughs as he recounts seeing the dead man's leg twitch and the reaction of the victim's mother as she identifies him. Cousins also says he used his camera phone to take photos of the victim.
"We're looking at it like, 'One less drug dealer to deal with. Cool,'" he says on the video.
Cousins, who was hired in 2004, was suspended with pay Wednesday after the Erie Times-News asked about the video. A phone message left Thursday at a number for a James Cousins was not immediately returned.
Erie Police Chief Steve Franklin said Cousins was apparently drunk, but that an investigation would place the officer's comments in context.
"We see what's on the picture," Franklin said. "Let's see what's behind the picture before we make any rash decisions."
It's not clear when the nearly eight-minute video was recorded. The shooting occurred in late March and the video was posted to YouTube on April 6. The video was still up Thursday, but Erie police said they were trying to have it removed.
The county's district attorney called Cousin's behavior unacceptable and apologized to the victim's family.
The victim, who had convictions including possessing drugs and paraphernalia, was shot outside a bar after fighting with another man, police have said.
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Other information:
Erie police try to remove video from YouTube
Videotaped policeman suspended from part-time job in Girard
Thursday, April 16, 2009
Wednesday, April 15, 2009
Police Want Expanded Arrest Powers
AUSTIN, Texas
Sobriety checkpoints. Expanded arrest powers. License plate readers on the highways.
Civil libertarians say personal freedom is under attack in the Texas capital.
The latest move came Wednesday in the Senate, which passed a bill giving the police much broader authority to arrest people. The legislation, approved on a 22-8 vote, would create the new crime of "failure to identify" after being detained.
It comes on the heels of legislation, already passed by the Senate, that would establish police roadblocks to crack down on intoxicated motorists, allow automated police cameras to take pictures of license plates on the highways and permit mandatory blood draws for certain people suspected of drunken driving.
Sponsors of the controversial bills coming out of the Senate say there are enough protections, such as the requirement that sobriety checkpoints be announced in advance, to ensure law-abiding citizens aren't hassled.
But taken together, the proposals represent a significant assault on civil liberties, critics say.
"Our concern is we could be taking a big step backward in terms of the rights of Texans to be left alone," said Rebecca Bernhardt, policy director of the American Civil Liberties Union of Texas. "The question for Texans is: 'should folks who are following the law be interfered with'?"
The bill expanding arrest powers drew brief but sometimes heated debate in the Senate.
Current law makes it a crime when detained people intentionally mislead police about their identity. It's also a crime to refuse to provide one's identity after being arrested. But it's still legal in Texas for people to refuse to identify themselves as long as they haven't been arrested.
That would change under the bill approved by senators Wednesday. It would make it a crime to refuse self-identification if a person has simply been detained by police. Sen. Dan Patrick, R-Houston, author of the measure, said police need the expanded authority.
"In this time of homeland security issues, if we have a police officer detaining someone ... it is in the best interest of the safety of that officer and our community to find out who that person is," Patrick said.
Sen. Tommy Williams, R-The Woodlands, initially opposed the bill, saying he had a problem with this "show me your papers thing."
"We still live in a free society. I don't want police officers to be able to pull you over and ask you to identify yourself just because that's what they want," Williams said. But Williams ended up voting for the bill after it was amended to say that the police officer had to be acting on a "reasonable" basis when making the arrest.
The amendment did not offer enough protection for opponents, who said the measure could lead to racial profiling or unjustified police harassment.
"We get into some real civil liberty concerns when we're allowing that broad power under detainment only," said Sen. Wendy Davis, D-Fort Worth. "I think we're opening ourselves up to some unforeseen consequences."
Late last month, the Senate riled some civil libertarians when it passed two bills aimed at cracking down on drunken driving. They would allow police to set up sobriety checkpoints in large counties and cities and give law enforcement more latitude in forcing motorists to submit to mandatory breath or blood tests.
Then last week, the Senate unanimously approved a measure allowing the state police or federal law enforcement authorities to set up and operate "automatic license plate identification cameras" on public highways. The bill is supposed to be used for crime prevention but critics say the data and images gathered could be misused.
The bills would still have to be passed by the House and approved by the governor before becoming law.
Some critics also say the proposal to ban smoking in public places statewide is an assault on personal freedom, but that legislation hasn't reached the Senate floor yet.
___
The failure-to-identify bill is SB1175
The sobriety checkpoint bill is SB298
The license plate camera bill is SB1426
The smoking ban bill is SB544
Sobriety checkpoints. Expanded arrest powers. License plate readers on the highways.
Civil libertarians say personal freedom is under attack in the Texas capital.
The latest move came Wednesday in the Senate, which passed a bill giving the police much broader authority to arrest people. The legislation, approved on a 22-8 vote, would create the new crime of "failure to identify" after being detained.
It comes on the heels of legislation, already passed by the Senate, that would establish police roadblocks to crack down on intoxicated motorists, allow automated police cameras to take pictures of license plates on the highways and permit mandatory blood draws for certain people suspected of drunken driving.
Sponsors of the controversial bills coming out of the Senate say there are enough protections, such as the requirement that sobriety checkpoints be announced in advance, to ensure law-abiding citizens aren't hassled.
But taken together, the proposals represent a significant assault on civil liberties, critics say.
"Our concern is we could be taking a big step backward in terms of the rights of Texans to be left alone," said Rebecca Bernhardt, policy director of the American Civil Liberties Union of Texas. "The question for Texans is: 'should folks who are following the law be interfered with'?"
The bill expanding arrest powers drew brief but sometimes heated debate in the Senate.
Current law makes it a crime when detained people intentionally mislead police about their identity. It's also a crime to refuse to provide one's identity after being arrested. But it's still legal in Texas for people to refuse to identify themselves as long as they haven't been arrested.
That would change under the bill approved by senators Wednesday. It would make it a crime to refuse self-identification if a person has simply been detained by police. Sen. Dan Patrick, R-Houston, author of the measure, said police need the expanded authority.
"In this time of homeland security issues, if we have a police officer detaining someone ... it is in the best interest of the safety of that officer and our community to find out who that person is," Patrick said.
Sen. Tommy Williams, R-The Woodlands, initially opposed the bill, saying he had a problem with this "show me your papers thing."
"We still live in a free society. I don't want police officers to be able to pull you over and ask you to identify yourself just because that's what they want," Williams said. But Williams ended up voting for the bill after it was amended to say that the police officer had to be acting on a "reasonable" basis when making the arrest.
The amendment did not offer enough protection for opponents, who said the measure could lead to racial profiling or unjustified police harassment.
"We get into some real civil liberty concerns when we're allowing that broad power under detainment only," said Sen. Wendy Davis, D-Fort Worth. "I think we're opening ourselves up to some unforeseen consequences."
Late last month, the Senate riled some civil libertarians when it passed two bills aimed at cracking down on drunken driving. They would allow police to set up sobriety checkpoints in large counties and cities and give law enforcement more latitude in forcing motorists to submit to mandatory breath or blood tests.
Then last week, the Senate unanimously approved a measure allowing the state police or federal law enforcement authorities to set up and operate "automatic license plate identification cameras" on public highways. The bill is supposed to be used for crime prevention but critics say the data and images gathered could be misused.
The bills would still have to be passed by the House and approved by the governor before becoming law.
Some critics also say the proposal to ban smoking in public places statewide is an assault on personal freedom, but that legislation hasn't reached the Senate floor yet.
___
The failure-to-identify bill is SB1175
The sobriety checkpoint bill is SB298
The license plate camera bill is SB1426
The smoking ban bill is SB544
Officer Michael Couch Accused of Drunk Driving Pleads to a Lesser Charge
An Orangetown police officer accused of driving drunk in Florida has pleaded to a lesser charge, as the cost and methods of investigating the incident involving him and other officers is being questioned by town and police union officials.
The incident in November led Orangetown to spend about $30,000 on an investigation by a Westchester law firm, the town supervisor said today.
Two of the five officers in the car - including a lieutenant - were suspended for a week with pay by the Town Board and penalized upon reinstatement.
The investigation increased hard feelings toward the police administration by many officers, an Orangetown police union official said.
The only officer charged in Florida by police there was Michael Couch, who drove the car. He was with other town officers on a golfing vacation.
Couch's Florida lawyer, Donald Day, said today that Couch this week pleaded no contest to reckless driving, a violation.
Read more about this story tomorrow in The Journal News.
The incident in November led Orangetown to spend about $30,000 on an investigation by a Westchester law firm, the town supervisor said today.
Two of the five officers in the car - including a lieutenant - were suspended for a week with pay by the Town Board and penalized upon reinstatement.
The investigation increased hard feelings toward the police administration by many officers, an Orangetown police union official said.
The only officer charged in Florida by police there was Michael Couch, who drove the car. He was with other town officers on a golfing vacation.
Couch's Florida lawyer, Donald Day, said today that Couch this week pleaded no contest to reckless driving, a violation.
Read more about this story tomorrow in The Journal News.
Officer Vanessa Nicole Charged with Bribery & Drug Trafficking
A Rochester police officer has been placed on administrative leave and faces criminal charges.
The Minnesota Bureau of Criminal Apprehension has charged 31-year-old Vanessa Nicole Mason with the following five counts of misconduct:
- Failed to perform duty
- Exceeds authority
- Warned subject of surveillance and search
-Bribery of a public officer
-Bribery aiding in prosecution of a crime
According to statements heard by the BCA, Officer Mason is accused of tipping-off drug dealers just before a search warrant was served. The complaint also alleges that Mason helped known drug dealers evade other officers while they had drugs on them. Other allegations include taking $10,000 in bribery money to turn her head away from a drug deal as well as drive loads of drugs up to the Twin Cities in her pickup truck.
The police department says it became aware of an allegation of misconduct involving Officer Mason and asked the Minnesota Bureau of Criminal Apprehension to conduct an investigation.
On April 7th, the BCA told the department the incident was reviewed by an independent prosecutor and was criminal in nature.
The RPD then placed Officer Mason on administrative leave. She has been a patrol officer for the past 4 1/2 years.
In 2006, Mason was disciplined for using illegal drugs while off-duty and for not reporting drug possession and use by another Rochester Police Department employee.
She was suspended without pay for 30 days.
The Minnesota Bureau of Criminal Apprehension has charged 31-year-old Vanessa Nicole Mason with the following five counts of misconduct:
- Failed to perform duty
- Exceeds authority
- Warned subject of surveillance and search
-Bribery of a public officer
-Bribery aiding in prosecution of a crime
According to statements heard by the BCA, Officer Mason is accused of tipping-off drug dealers just before a search warrant was served. The complaint also alleges that Mason helped known drug dealers evade other officers while they had drugs on them. Other allegations include taking $10,000 in bribery money to turn her head away from a drug deal as well as drive loads of drugs up to the Twin Cities in her pickup truck.
The police department says it became aware of an allegation of misconduct involving Officer Mason and asked the Minnesota Bureau of Criminal Apprehension to conduct an investigation.
On April 7th, the BCA told the department the incident was reviewed by an independent prosecutor and was criminal in nature.
The RPD then placed Officer Mason on administrative leave. She has been a patrol officer for the past 4 1/2 years.
In 2006, Mason was disciplined for using illegal drugs while off-duty and for not reporting drug possession and use by another Rochester Police Department employee.
She was suspended without pay for 30 days.
----------------------
Officer Dana Brown Disciplined for Ignoring Underaged Drinking
OCALA
An Ocala police officer was disciplined for reportedly ignoring underage drinking at a party three months ago.
Following an internal Police Department investigation, Officer Dana Brown, 34, was charged with conduct unbecoming and dereliction of duty. He received a 60-hour suspension and was placed on a year's employee probation.
Police said they could not prove a separate allegation that Brown had sex with a 19-year-old woman at the party.
The officer declined an interview request Tuesday.
The investigation found that Brown, who was on duty Jan. 24, went to the home of a family friend, where there was a party. Brown frequently stopped at the home to check up on the residents although, at the time, he was assigned to patrol the northwest portion of the city.
When questioned about the incident, Brown initially told investigators he was working a traffic detail on State Road 200. He reportedly admitted going to the house, however, after investigators reviewed his log activity and saw he was not working a traffic detail.
He said that he had just arrived when he got a call, returned to his patrol vehicle and left. Witnesses said Brown did arrive at the residence and was there for about 20 seconds before receiving a call and leaving.
The young woman who told officials she had sex with Brown later that day said that when Brown arrived he saw people with drinks in their hands and talked with people who had alcohol. The woman said Brown was there for five to 10 minutes before receiving his call and leaving.
Brown said he didn't see anyone drinking or in possession of alcohol.
The call was canceled and Brown returned to the residence. The young woman, who said she had been drinking, said they talked for a while, then she met him upstairs and they had sex.
In his interview, Brown told investigators that he was alone upstairs and did not have sex with the woman.
Brown and the woman both took polygraph tests, according to the report. Sgt. Chas Maier, who administered Brown's test, said that in his opinion Brown "was not being truthful."
Maier said the 19-year-old woman "showed signs of being truthful" but that the test was inconclusive because her score was not high enough "to absolutely say she was being truthful."
Deputy Chief Rodney Smith said the department could not prove Brown and the woman had sex, so he was not disciplined for it. The suspension and probation were levied because the officer did not address the underage drinking at the residence.
"We hope he learns his lesson," Smith said.
According to Brown's personnel record, he has been on the job close to three years, has a few letters of praise and some minor disciplinary action. He was credited with saving the life of a woman who overdosed a year ago.
______________________
http://www.cfnews13.com/News/CountyByCounty/CountyStories/2009/4/16/officer_suspended_accused_of_ignoring_underage_drinking.html
An Ocala police officer was disciplined for reportedly ignoring underage drinking at a party three months ago.
Following an internal Police Department investigation, Officer Dana Brown, 34, was charged with conduct unbecoming and dereliction of duty. He received a 60-hour suspension and was placed on a year's employee probation.
Police said they could not prove a separate allegation that Brown had sex with a 19-year-old woman at the party.
The officer declined an interview request Tuesday.
The investigation found that Brown, who was on duty Jan. 24, went to the home of a family friend, where there was a party. Brown frequently stopped at the home to check up on the residents although, at the time, he was assigned to patrol the northwest portion of the city.
When questioned about the incident, Brown initially told investigators he was working a traffic detail on State Road 200. He reportedly admitted going to the house, however, after investigators reviewed his log activity and saw he was not working a traffic detail.
He said that he had just arrived when he got a call, returned to his patrol vehicle and left. Witnesses said Brown did arrive at the residence and was there for about 20 seconds before receiving a call and leaving.
The young woman who told officials she had sex with Brown later that day said that when Brown arrived he saw people with drinks in their hands and talked with people who had alcohol. The woman said Brown was there for five to 10 minutes before receiving his call and leaving.
Brown said he didn't see anyone drinking or in possession of alcohol.
The call was canceled and Brown returned to the residence. The young woman, who said she had been drinking, said they talked for a while, then she met him upstairs and they had sex.
In his interview, Brown told investigators that he was alone upstairs and did not have sex with the woman.
Brown and the woman both took polygraph tests, according to the report. Sgt. Chas Maier, who administered Brown's test, said that in his opinion Brown "was not being truthful."
Maier said the 19-year-old woman "showed signs of being truthful" but that the test was inconclusive because her score was not high enough "to absolutely say she was being truthful."
Deputy Chief Rodney Smith said the department could not prove Brown and the woman had sex, so he was not disciplined for it. The suspension and probation were levied because the officer did not address the underage drinking at the residence.
"We hope he learns his lesson," Smith said.
According to Brown's personnel record, he has been on the job close to three years, has a few letters of praise and some minor disciplinary action. He was credited with saving the life of a woman who overdosed a year ago.
______________________
http://www.cfnews13.com/News/CountyByCounty/CountyStories/2009/4/16/officer_suspended_accused_of_ignoring_underage_drinking.html
13 Chicago Officers Arrested Last Year for Drunk Driving
Thirteen Chicago police officers were arrested last year on drunken driving charges, and five of them were involved in car crashes, two with injuries, the department says.
The disclosure, in response to questions from the Tribune, comes days after a veteran Chicago police detective was charged with reckless homicide and aggravated DUI after two men in their early 20s died in a fiery wreck on the Dan Ryan Expressway. Authorities said his blood-alcohol level was more than three times the legal limit.
Police Supt. Jody Weis, who took office last year after officers had been arrested in two high-profile bar beatings, created a new bureau to evaluate officer conduct and training, pushed for more department-wide messages warning of excessive drinking and approved advanced training for department peer counselors to deal with alcohol abuse issues.
After Friday's crash involving detective Joseph Frugoli, Weis changed departmental policy to require that any officer who suspects another officer of being intoxicated to notify the on-duty watch commander, who must then go to the scene. Internal affairs will also be immediately notified.
"It is our hope that tragic incidents such as the one that occurred on April 10 will be eliminated through continued training, education, treatment, accountability and discipline for those members who violate the well-established rule against becoming intoxicated and getting behind the wheel," Weis said in an e-mail in response to questions.
Frugoli had been involved in two previous crashes in the last four years, but he was never administered a sobriety test after officers on the scene determined he did not appear to be intoxicated.
A department source said this week that top brass may also push for random alcohol testing of officers. That would require changes in the contract with the Fraternal Order of Police, the union representing the rank and file.
Last summer the city proposed in contract negotiations that officers be checked for alcohol abuse if their weapon had discharged. Police are already subject to random drug testing.
So far this year, three officers have been arrested for driving under the influence, police said.
This week, Weis said 15 officers were arrested for DUI in 2008 but later corrected that number to 13. Police declined to release the officers' names.
Consequences for the officers varied, but none arrested last year have yet lost their jobs. In eight of those cases, officers were suspended without pay from 20 to 45 days, police said. In the five cases that remain open, the officers were assigned to desk duties or placed on leave.
Four of the officers were arrested by Chicago police, three in the suburbs and six out of state, police said.
After their arrests, the officers were encouraged to seek help and counseling through the confidential employee assistance program. Police commanders have also been told to encourage officers at roll calls to seek help for substance-abuse problems, and the department is working on developing new "streaming video" to show at roll calls to educate officers about available help.
Weis earlier this week pointed out the small number of officers who have been accused of driving drunk compared to the department's 13,000 officers. Statistically speaking, about one in 1,000 Chicago officers were arrested for DUI last year. That pales by comparison to a national average of one drunk-driving arrest for every 155 drivers, according to U.S. Department of Health and Human Services statistics.
Still, Weis acknowledged that officers have responsibilities that require them to be held to a higher standard than ordinary citizens.
"The residents of Chicago rightfully expect the police to protect them from drunk drivers, not to become part of the problem," Weis said in the e-mail. "While they are held to a higher standard, police officers are human beings, too, susceptible to the pressures of life and the job, and are not always perfect. When this occurs, it is our responsibility to take appropriate measures to address the problem."
The disclosure, in response to questions from the Tribune, comes days after a veteran Chicago police detective was charged with reckless homicide and aggravated DUI after two men in their early 20s died in a fiery wreck on the Dan Ryan Expressway. Authorities said his blood-alcohol level was more than three times the legal limit.
Police Supt. Jody Weis, who took office last year after officers had been arrested in two high-profile bar beatings, created a new bureau to evaluate officer conduct and training, pushed for more department-wide messages warning of excessive drinking and approved advanced training for department peer counselors to deal with alcohol abuse issues.
After Friday's crash involving detective Joseph Frugoli, Weis changed departmental policy to require that any officer who suspects another officer of being intoxicated to notify the on-duty watch commander, who must then go to the scene. Internal affairs will also be immediately notified.
"It is our hope that tragic incidents such as the one that occurred on April 10 will be eliminated through continued training, education, treatment, accountability and discipline for those members who violate the well-established rule against becoming intoxicated and getting behind the wheel," Weis said in an e-mail in response to questions.
Frugoli had been involved in two previous crashes in the last four years, but he was never administered a sobriety test after officers on the scene determined he did not appear to be intoxicated.
A department source said this week that top brass may also push for random alcohol testing of officers. That would require changes in the contract with the Fraternal Order of Police, the union representing the rank and file.
Last summer the city proposed in contract negotiations that officers be checked for alcohol abuse if their weapon had discharged. Police are already subject to random drug testing.
So far this year, three officers have been arrested for driving under the influence, police said.
This week, Weis said 15 officers were arrested for DUI in 2008 but later corrected that number to 13. Police declined to release the officers' names.
Consequences for the officers varied, but none arrested last year have yet lost their jobs. In eight of those cases, officers were suspended without pay from 20 to 45 days, police said. In the five cases that remain open, the officers were assigned to desk duties or placed on leave.
Four of the officers were arrested by Chicago police, three in the suburbs and six out of state, police said.
After their arrests, the officers were encouraged to seek help and counseling through the confidential employee assistance program. Police commanders have also been told to encourage officers at roll calls to seek help for substance-abuse problems, and the department is working on developing new "streaming video" to show at roll calls to educate officers about available help.
Weis earlier this week pointed out the small number of officers who have been accused of driving drunk compared to the department's 13,000 officers. Statistically speaking, about one in 1,000 Chicago officers were arrested for DUI last year. That pales by comparison to a national average of one drunk-driving arrest for every 155 drivers, according to U.S. Department of Health and Human Services statistics.
Still, Weis acknowledged that officers have responsibilities that require them to be held to a higher standard than ordinary citizens.
"The residents of Chicago rightfully expect the police to protect them from drunk drivers, not to become part of the problem," Weis said in the e-mail. "While they are held to a higher standard, police officers are human beings, too, susceptible to the pressures of life and the job, and are not always perfect. When this occurs, it is our responsibility to take appropriate measures to address the problem."
Detectives Investigating Officer Accused of Raping Woman
MEDINA, Wash.
Issaquah police detectives are investigating a Medina police officer accused of tricking a woman into meeting him at a bar, then raping her.
According to the affidavit for search warrant, the incident began with a traffic stop on Highway 520 last November when an officer pulled over a woman and accused her of driving with a suspended license. While searching her car, the officer said he found marijuana inside.
The woman said the officer handcuffed her and placed in the back of the patrol car. She said the officer opened the dividing partition, and "kept looking at her and telling her she was attractive and beautiful." He also "reached over to fix her scarf and put his hand on her," the document said.
The woman said she told the officer she had not been driving with a suspended license as she had already paid for her previous ticket. She also said she did not want a drug charge on her record. The officer then told the woman not to worry because "the charges would go away," the documents said. The officer cited and released the driver.
Detectives said the officer called the woman the next morning and asked her to meet at the Joker Pub and Grill in Issaquah. He said he had for her a letter to the prosecutor's office that discusses the dismissal of the charges.
The affidavit said the two met at the bar, then headed over to the officer's home near the Issaquah Highlands. The woman said she agreed to go to the officer's home but expressly said she did not want to have sex.
At his home, the woman said the officer put his gun on the table and said, "People are scared of police officers because they have power and authority, and a gun and a badge," the document said. The alleged victim told detectives she thought he was trying to intimidate her.
The officer gave the woman a tour of his home and when they got to the bedroom, the documents state the officer pushed the woman down on the bed, held her down and began to take her clothes off. When she protested, he said, "You don't really mean that," and sexually assaulted her, the affidavit said.
The woman said she didn't know what to do because the man who had raped her was a cop. Detectives only learned of the allegations while investigating another rape case involving the same woman.
Issaquah detectives said in the weeks following the incident, the officer wrote e-mails and sent personal letters to the prosecutor's office, asking for the charges against the woman to be dropped.
Between the November traffic stop and February 9 - the day the charges against the woman were dropped - the officer and the alleged victim exchanged nine calls and text messages, the affidavit said. The woman told detectives she called the officer each time she had a court date to find out why the case had not been dismissed.
Investigators are waiting for phone records to be released before they pursue charges.
"Right now, the investigation surrounds an allegation of rape and official misconduct," said Issaquah Deputy Chief Steve Cozart. "A crime is a crime. We investigate it regardless of who the allegations are against."
The requested phone records are expected to be released within a week.
KOMO News has chosen not to name the police officer since he has not been arrested or charged. He has been placed on paid administrative leave for the duration of the investigation.
May Hearing Set for Corporal Jason King
A South Bend Police Corporal is accused of "conduct unbecoming of an officer."
29-year-old Corporal Jason King will face the Board of Public Safety next month. In a quick meeting Wednesday morning a formal hearing for King was set.
Recently, the Police Chief recommended discipline for King after he tried to cover up beating a man when he fled police in a car. The South Bend Police Corporal is accused of using excessive force and falsifying a police report after a high speed chase.
“The captain reviewed the tape and both he and internal affairs handled investigation simultaneously,” says Captain Phil Trent, spokesperson for South Bend Police.
It was random dash cam check that prompted a disciplinary letter from the chief to the Board of Public Safety.
“This was the shift captain routinely reviewing pursuit videos and use of force video from the in car cameras and he saw what he believed that it was a violation of our duty manual, he passed it up the chain to the chief,” explains Trent.
Back in February a police pursuit started on the southwest side of South Bend's side lasting a mile and half. Police say it ended when the suspect crashed his car. Dash cam video allegedly showed King beating the suspect with his fist while the suspect did not resist arrest.
In the chief's letter to the board he states "the DVD shows no sign of aggression by the suspect" and "he was struck several times in the upper back and head area.”
During King's four years at the department he's been no stranger to the spotlight.
In 2006 he shot and killed a man while being attacked. King was eventually cleared in the shooting. And a year later he was in a car accident, hitting another officer, on his way to a call. He was not disciplined.
Now King will face the board next month in the incident caught on tape.
“We're waiting to see what his opinions are and what he has to say to defend himself,” says Trent.
Currently King is working at the department under light duty for medical reasons.
The chief has recommended he be demoted from corporal to patrolman for a year and suspended for 30 days without pay.
His hearing is scheduled for May 11th. The dash cam DVD of the incident could be released as evidence at the hearing.
____________________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/04/cpl-jason-king-accused-of-hitting-man.html
29-year-old Corporal Jason King will face the Board of Public Safety next month. In a quick meeting Wednesday morning a formal hearing for King was set.
Recently, the Police Chief recommended discipline for King after he tried to cover up beating a man when he fled police in a car. The South Bend Police Corporal is accused of using excessive force and falsifying a police report after a high speed chase.
“The captain reviewed the tape and both he and internal affairs handled investigation simultaneously,” says Captain Phil Trent, spokesperson for South Bend Police.
It was random dash cam check that prompted a disciplinary letter from the chief to the Board of Public Safety.
“This was the shift captain routinely reviewing pursuit videos and use of force video from the in car cameras and he saw what he believed that it was a violation of our duty manual, he passed it up the chain to the chief,” explains Trent.
Back in February a police pursuit started on the southwest side of South Bend's side lasting a mile and half. Police say it ended when the suspect crashed his car. Dash cam video allegedly showed King beating the suspect with his fist while the suspect did not resist arrest.
In the chief's letter to the board he states "the DVD shows no sign of aggression by the suspect" and "he was struck several times in the upper back and head area.”
During King's four years at the department he's been no stranger to the spotlight.
In 2006 he shot and killed a man while being attacked. King was eventually cleared in the shooting. And a year later he was in a car accident, hitting another officer, on his way to a call. He was not disciplined.
Now King will face the board next month in the incident caught on tape.
“We're waiting to see what his opinions are and what he has to say to defend himself,” says Trent.
Currently King is working at the department under light duty for medical reasons.
The chief has recommended he be demoted from corporal to patrolman for a year and suspended for 30 days without pay.
His hearing is scheduled for May 11th. The dash cam DVD of the incident could be released as evidence at the hearing.
____________________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/04/cpl-jason-king-accused-of-hitting-man.html
Fugitive Officer Thierry Gourjault Accused of Killing Wife & Children Committs Suicide
A fugitive French police officer accused of killing his wife and two young children in their sleep has committed suicide after being tracked down by police.
Thierry Gourjault, 46, fired two bullets into his own stomach as he was surrounded by officers who found him in a wood in southwestern France.
Police with dog handlers and a helicopter launched a manhunt after Gourjault's wife, their four-year-old son and his 10-year-old daughter from a first marriage were found dead on Tuesday.
Gourjault is thought to have shot his family with his service weapon at their home in the mountain village of Cabanac in the French Pyrenees on Monday night.
He left a note behind saying he planned to take his own life.
As detectives searched the family home for clues, officers began a search to find Gourjault.
He was located in woods around 12 miles from the village, using the tracking signal from his mobile phone.
When officers approached him, Gourjault fired several bullets in their direction, before turning his weapon on himself, police said.
He died as police were attempting to airlift him to hospital.
French media reported that Gourjault had been married to his wife Béatrice, a French Telecom worker, since 2004.
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http://www.foxnews.com/story/0,2933,516177,00.html
Thierry Gourjault, 46, fired two bullets into his own stomach as he was surrounded by officers who found him in a wood in southwestern France.
Police with dog handlers and a helicopter launched a manhunt after Gourjault's wife, their four-year-old son and his 10-year-old daughter from a first marriage were found dead on Tuesday.
Gourjault is thought to have shot his family with his service weapon at their home in the mountain village of Cabanac in the French Pyrenees on Monday night.
He left a note behind saying he planned to take his own life.
As detectives searched the family home for clues, officers began a search to find Gourjault.
He was located in woods around 12 miles from the village, using the tracking signal from his mobile phone.
When officers approached him, Gourjault fired several bullets in their direction, before turning his weapon on himself, police said.
He died as police were attempting to airlift him to hospital.
French media reported that Gourjault had been married to his wife Béatrice, a French Telecom worker, since 2004.
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http://www.foxnews.com/story/0,2933,516177,00.html
Tuesday, April 14, 2009
Brooklyn Police Accused of Using Excessive Force on BiPolar/Schizophrenic Man
A family in Brooklyn is claiming police used excessive force on a man.
NYPD officers were called to the home to help a man who is bipolar and schizophrenic. They were asked to take him to the hospital.
The family claims 26-year-old Gamalier Reyes was beaten by officers. But police claim he attacked them first and may also have suffered injuries elsewhere.
It happened inside one apartment, with the alleged victim's family in another. They could hear what was going on, but could do nothing to help.
"I saw my brother," Zully DelaCruz said. "He was already handcuffed, and I could see the blood."
DelaCruz says she called 911 for paramedics, not for what she claims was police brutality.
Her brother needed a doctor Saturday because he didn't take his medication for his schizophrenia. She says minutes later, eight officers crammed into the hallway of their Bushwick apartment building and shoved her family into a next door apartment, leaving her mentally ill brother alone with police.
"He only demanded to be left alone," she said. "Instead, he was attacked by the police officers."
"Just imagine yourself on the other side of a door, while your loved one is screaming and begging for help while they hit them," sister Indhira Reyes said.
In front of the 83rd Police Precinct Tuesday morning, the family demanded the officers be held accountable.
But police tell a very different story about what happened inside the Irving Avenue apartment.
Officers say Gamalier told them, "You're going to have to kill me. I'm not going."
And they say that when they tried to restrain him, he punched one in the face and hurt another officer's leg.
Also, 911 transcripts show an emergency operator saying, "Alright, so he's threatening. Irrational. And he's restless, he won't go to sleep, right?"
Then, the family's social worker says, "No, they just came back from the Dominican Republic. They had to come back early because he got in a fight; he was very aggressive over there; he got in a fight over there; he got his head cracked open and they just came back."
Gamalier's sister admits her brother was in a fight. But she claims the multiple surgeries her brother now needs were caused by police.
"When he arrived to the United States, he was fine," she said. "He was not injured. All those bruises and broken bones, the police department did that to him."
The family put in a complaint to the precinct. They have met with an attorney and plans to fill a lawsuit.
----------------------------------
WEB PRODUCED BY: Bill King
http://www.nytimes.com/2009/04/14/nyregion/14complaint.html
NYPD officers were called to the home to help a man who is bipolar and schizophrenic. They were asked to take him to the hospital.
The family claims 26-year-old Gamalier Reyes was beaten by officers. But police claim he attacked them first and may also have suffered injuries elsewhere.
It happened inside one apartment, with the alleged victim's family in another. They could hear what was going on, but could do nothing to help.
"I saw my brother," Zully DelaCruz said. "He was already handcuffed, and I could see the blood."
DelaCruz says she called 911 for paramedics, not for what she claims was police brutality.
Her brother needed a doctor Saturday because he didn't take his medication for his schizophrenia. She says minutes later, eight officers crammed into the hallway of their Bushwick apartment building and shoved her family into a next door apartment, leaving her mentally ill brother alone with police.
"He only demanded to be left alone," she said. "Instead, he was attacked by the police officers."
"Just imagine yourself on the other side of a door, while your loved one is screaming and begging for help while they hit them," sister Indhira Reyes said.
In front of the 83rd Police Precinct Tuesday morning, the family demanded the officers be held accountable.
But police tell a very different story about what happened inside the Irving Avenue apartment.
Officers say Gamalier told them, "You're going to have to kill me. I'm not going."
And they say that when they tried to restrain him, he punched one in the face and hurt another officer's leg.
Also, 911 transcripts show an emergency operator saying, "Alright, so he's threatening. Irrational. And he's restless, he won't go to sleep, right?"
Then, the family's social worker says, "No, they just came back from the Dominican Republic. They had to come back early because he got in a fight; he was very aggressive over there; he got in a fight over there; he got his head cracked open and they just came back."
Gamalier's sister admits her brother was in a fight. But she claims the multiple surgeries her brother now needs were caused by police.
"When he arrived to the United States, he was fine," she said. "He was not injured. All those bruises and broken bones, the police department did that to him."
The family put in a complaint to the precinct. They have met with an attorney and plans to fill a lawsuit.
----------------------------------
WEB PRODUCED BY: Bill King
http://www.nytimes.com/2009/04/14/nyregion/14complaint.html
Officer Bryan Carter Reprimanded Twice Before
A Kingsport police officer recently investigated by the Tennessee Bureau of Investigation was reprimanded on two previous occasions for improper handling of seized items.
In February 2003, Kingsport Police Department Officer Bryan Carter’s superiors discovered he had not turned in a gun, three ammunition clips and a bottle of Absolut vodka to the evidence unit. The items were seized 11 months prior, in March 2002, while Carter was moonlighting as a security officer at Coconuts nightclub.
And in April 2005, police called Carter at his home because he had failed to turn in money seized during an arrest the previous evening.
For each incident, Carter was suspended for eight hours without pay. He was not placed on probation.
This February, following a TBI investigation of a traffic stop Carter effected on two Mexican citizens in October, Carter was suspended three days without pay. He was also suspended from working the interstate for 90 days and issued remedial training on the preservation and handling of evidence.
During that Interstate 81 stop, $2,675 was seized from the subjects, who were then allowed to drive away despite the fact that neither had a valid driver’s license and they were in possession of drug paraphernalia: a pill crusher, marijuana grinder and clear baggies.
Carter provided the driver a Tennessee Notice of Property Seizure detailing the seizure of $2,675. However, he did not identify himself as the officer effecting the seizure, or even the law enforcement agency. And no incident report on the stop was filed at the police station.
The Mexican citizens contacted Johnson City attorney Don Spurrell, claiming Carter seized about $4,500. According to Sullivan County District Attorney Greeley Wells, who requested that the TBI investigate the October incident, Carter’s actions would have been presented to the grand jury under the official misconduct statute except that the car’s occupants have returned to Mexico and will not return as witnesses.
Kingsport Police Chief Gale Osborne wrote in a February memo to Carter that “I believe we handled this particular case in a very poor manner.” Osborne also noted that Carter had been counseled twice previously on the proper handling of evidence, and has “brought questions as to the integrity and professionalism of the Kingsport Police Department.”
“I will not tolerate this type of sloppy police work in the future,” Osborne wrote.
Carter’s personnel file indicates he was hired as a jailer in 1998 and promoted to police officer in 2001. His first reprimand in regard to handling evidence came in 2003.
According to a KPD memo from April of that year, Capt. Ed Swayze discovered a Smith & Wesson gun, three ammunition clips and bottle of vodka were missing from the evidence unit. All the items had been seized as evidence more than a year earlier in an arrest initiated by Carter.
The memo says Carter was moonlighting at Coconuts nightclub on March 22, 2002. While there he arrested a man for driving while intoxicated, two counts of aggravated assault, and possession of a firearm by an intoxicated person.
City records state that Officer Terry Christian, who was on duty at the time, filled out most of the incident report. The narrative, explaining what happened in the incident, was completed by Carter. Christian then listed the vodka, guns and clips as seized evidence.
However, according to the police memo from 2003, it was about 11 months after the arrest before it was discovered that none of the items had been turned in to the evidence unit. When asked about the items, Carter told his supervisors he obtained a “destruction order” for the evidence. Carter claimed he turned the order into the evidence unit and retained a copy for himself.
“No destruction order has been produced by you or located in the evidence unit,” reads the memo from Mark Addington, chief of Kingsport police at the time.
Carter was suspended eight hours without pay for his handling of the incident. He was also issued a refresher course on “remedial training on the handling of Evidence/Found Property and the Code of Conduct,” according to the memo.
According to a police memo dated June 10, 2005, another disciplinary action against Carter was initiated by complaints from the mother of a man he arrested. The amount of money seized and the reason the suspect was arrested are not addressed in the memo. It states that the suspect was released the following day, but his money had not been entered as evidence.
“There was no record in the evidence unit of the cash having been turned in to the evidence unit,” reads the memo from Chief Addington. “Subsequently, an inquiry with you that morning after being called at home determined that you had, in fact, seized money during the arrest in accordance with state law. However, you had kept the money and other paperwork in your car as opposed to turning it in to the evidence unit before you went home from work.”
The memo states that general orders for filing evidence had been discussed with Carter before; that all paperwork and seized items are to be submitted as evidence at the end of a shift.
“This office recognizes that you have excellent skills in performing your police duties and I appreciate that, however, it is paramount that for the benefit of maintaining your integrity as well as the department’s and criminal justice system as a whole by following the evidence procedures,” Addington wrote. “I strongly urge you to make a better effort in following the rules.”
In this incident, Carter was again suspended eight hours without pay. He was also again ordered to be retrained on the handling of evidence and was “transferred from the Community Policing Unit to a patrol platoon for closer supervision.”
Tim Whaley, the city’s public relations director, said Osborne had no comment on Carter’s previous reprimands, as they were issued under a previous police chief.
The Times-News has attempted to acquire a copy of the TBI’s recent probe of Carter. After learning of his October traffic stop of two Mexican citizens, a request was filed with the city on April 3.
The city has denied that request, claiming that under Tennessee Code, TBI records are confidential. The Times-News has asked its attorney to review the matter.
According to Nashville attorney Frank Gibson, executive director for the Tennessee Coalition for Open Government, the city’s stance would be correct only if the incident were still under investigation. Since the case has been closed and no criminal charges are pending, “There’s no need to keep it secret.”
_______________________
Previous articles:
Kingsport officials awaiting information on TBI report involving officer
TBI investigates Kingsport officer for taking money during traffic stop, letting suspects go free with no charges
District attorney holding Kingsport Police Department to higher standard
Kingsport denies FOIA request for TBI investigation of police officer
In February 2003, Kingsport Police Department Officer Bryan Carter’s superiors discovered he had not turned in a gun, three ammunition clips and a bottle of Absolut vodka to the evidence unit. The items were seized 11 months prior, in March 2002, while Carter was moonlighting as a security officer at Coconuts nightclub.
And in April 2005, police called Carter at his home because he had failed to turn in money seized during an arrest the previous evening.
For each incident, Carter was suspended for eight hours without pay. He was not placed on probation.
This February, following a TBI investigation of a traffic stop Carter effected on two Mexican citizens in October, Carter was suspended three days without pay. He was also suspended from working the interstate for 90 days and issued remedial training on the preservation and handling of evidence.
During that Interstate 81 stop, $2,675 was seized from the subjects, who were then allowed to drive away despite the fact that neither had a valid driver’s license and they were in possession of drug paraphernalia: a pill crusher, marijuana grinder and clear baggies.
Carter provided the driver a Tennessee Notice of Property Seizure detailing the seizure of $2,675. However, he did not identify himself as the officer effecting the seizure, or even the law enforcement agency. And no incident report on the stop was filed at the police station.
The Mexican citizens contacted Johnson City attorney Don Spurrell, claiming Carter seized about $4,500. According to Sullivan County District Attorney Greeley Wells, who requested that the TBI investigate the October incident, Carter’s actions would have been presented to the grand jury under the official misconduct statute except that the car’s occupants have returned to Mexico and will not return as witnesses.
Kingsport Police Chief Gale Osborne wrote in a February memo to Carter that “I believe we handled this particular case in a very poor manner.” Osborne also noted that Carter had been counseled twice previously on the proper handling of evidence, and has “brought questions as to the integrity and professionalism of the Kingsport Police Department.”
“I will not tolerate this type of sloppy police work in the future,” Osborne wrote.
Carter’s personnel file indicates he was hired as a jailer in 1998 and promoted to police officer in 2001. His first reprimand in regard to handling evidence came in 2003.
According to a KPD memo from April of that year, Capt. Ed Swayze discovered a Smith & Wesson gun, three ammunition clips and bottle of vodka were missing from the evidence unit. All the items had been seized as evidence more than a year earlier in an arrest initiated by Carter.
The memo says Carter was moonlighting at Coconuts nightclub on March 22, 2002. While there he arrested a man for driving while intoxicated, two counts of aggravated assault, and possession of a firearm by an intoxicated person.
City records state that Officer Terry Christian, who was on duty at the time, filled out most of the incident report. The narrative, explaining what happened in the incident, was completed by Carter. Christian then listed the vodka, guns and clips as seized evidence.
However, according to the police memo from 2003, it was about 11 months after the arrest before it was discovered that none of the items had been turned in to the evidence unit. When asked about the items, Carter told his supervisors he obtained a “destruction order” for the evidence. Carter claimed he turned the order into the evidence unit and retained a copy for himself.
“No destruction order has been produced by you or located in the evidence unit,” reads the memo from Mark Addington, chief of Kingsport police at the time.
Carter was suspended eight hours without pay for his handling of the incident. He was also issued a refresher course on “remedial training on the handling of Evidence/Found Property and the Code of Conduct,” according to the memo.
According to a police memo dated June 10, 2005, another disciplinary action against Carter was initiated by complaints from the mother of a man he arrested. The amount of money seized and the reason the suspect was arrested are not addressed in the memo. It states that the suspect was released the following day, but his money had not been entered as evidence.
“There was no record in the evidence unit of the cash having been turned in to the evidence unit,” reads the memo from Chief Addington. “Subsequently, an inquiry with you that morning after being called at home determined that you had, in fact, seized money during the arrest in accordance with state law. However, you had kept the money and other paperwork in your car as opposed to turning it in to the evidence unit before you went home from work.”
The memo states that general orders for filing evidence had been discussed with Carter before; that all paperwork and seized items are to be submitted as evidence at the end of a shift.
“This office recognizes that you have excellent skills in performing your police duties and I appreciate that, however, it is paramount that for the benefit of maintaining your integrity as well as the department’s and criminal justice system as a whole by following the evidence procedures,” Addington wrote. “I strongly urge you to make a better effort in following the rules.”
In this incident, Carter was again suspended eight hours without pay. He was also again ordered to be retrained on the handling of evidence and was “transferred from the Community Policing Unit to a patrol platoon for closer supervision.”
Tim Whaley, the city’s public relations director, said Osborne had no comment on Carter’s previous reprimands, as they were issued under a previous police chief.
The Times-News has attempted to acquire a copy of the TBI’s recent probe of Carter. After learning of his October traffic stop of two Mexican citizens, a request was filed with the city on April 3.
The city has denied that request, claiming that under Tennessee Code, TBI records are confidential. The Times-News has asked its attorney to review the matter.
According to Nashville attorney Frank Gibson, executive director for the Tennessee Coalition for Open Government, the city’s stance would be correct only if the incident were still under investigation. Since the case has been closed and no criminal charges are pending, “There’s no need to keep it secret.”
_______________________
Previous articles:
Kingsport officials awaiting information on TBI report involving officer
TBI investigates Kingsport officer for taking money during traffic stop, letting suspects go free with no charges
District attorney holding Kingsport Police Department to higher standard
Kingsport denies FOIA request for TBI investigation of police officer
Deputy Melissa McKissick Arrested for Battery
Floyd County Sheriff’s Deputy Melissa McKissick has been arrested and charged with battery, affray and public disturbance of a public school following a fight at Rome High School.
According to the affidavits for arrest McKissick was involved in a fight with a student inside Rome High. The affidavit for the battery charge said: McKissick “did commit the offense of battery when she caused substantial visible bodily harm to (a student) at Rome High School.” The name of the student had been marked out.
Rome City Police are investigating the incident. Attempts to contact the detective in charge of the case have not yet been successful.
Chief Deputy Tom Caldwell said that McKissick works in operations at the Floyd County jail. He said she is on administrative leave with pay pending the outcome of the investigation. He couldn’t comment further because the investigation is ongoing.
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http://romenews-tribune.com/pages/full_story?article-Deputy%20arrested%20in%20wake%20of%20Rome%20High%20altercation%20%20=&page_label=home&id=2316690&widget=push&instance=home_Most_popular&open=&
Officer Gino G Payne Quits Amid Allegations he Sexually Assaulted Woman
The Atlanta police officer who quit amid allegations he sexually assaulted a woman while on duty has been identified as Gino G. Payne, 24, of Atlanta, police said.
Payne resigned on Feb. 19, almost two weeks after a Marietta woman accused Payne and another officer of assaulting her while they were supposed to be giving her a ride home.
Both officers were put on desk duty when the allegations surfaced. The DeKalb County District Attorney’s Office is handling the criminal investigation, which is ongoing, according to Atlanta police.
Payne began working for the department on Sept. 4, 2007.
On the night of the incident, the woman and a female friend left a bar and were heading home when they were involved in a wreck in East Atlanta.
Atlanta police arrested the driver and offered the passenger a ride home.
The passenger later called police from a hospital in north Cobb County and reported the allegations.
___________________
Other information:
http://wsbradio.com/localnews/2009/04/accused-apd-cop-quits.html
Payne resigned on Feb. 19, almost two weeks after a Marietta woman accused Payne and another officer of assaulting her while they were supposed to be giving her a ride home.
Both officers were put on desk duty when the allegations surfaced. The DeKalb County District Attorney’s Office is handling the criminal investigation, which is ongoing, according to Atlanta police.
Payne began working for the department on Sept. 4, 2007.
On the night of the incident, the woman and a female friend left a bar and were heading home when they were involved in a wreck in East Atlanta.
Atlanta police arrested the driver and offered the passenger a ride home.
The passenger later called police from a hospital in north Cobb County and reported the allegations.
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Other information:
http://wsbradio.com/localnews/2009/04/accused-apd-cop-quits.html
Robert Mitchells Family Vents Anger Over Taser Death
Warren
Relatives of a Detroit high school student who died Friday after Warren Police zapped him with a Taser are vowing legal action against the city and have joined forces with an anti-police brutality group to speak out against the devices.
Family members of Robert Mitchell say the 16-year-old was a quiet kid with a learning disability who loved sports and stayed out of trouble. They say they don't understand why Warren officers felt the unarmed teen, who took medication for attention-deficit disorder, posed a threat after a foot chase that ended in an abandoned home in Detroit.
"I want some answers," said Mitchell's grandmother, Charlotte McGlory of St. Clair Shores. "This doesn't make sense. Is this how we deal with our youth? Is this the behavior of those sworn to protect them?"
According to police, the Detroit Kettering High School sophomore bailed out of the Dodge Stratus he was riding in during a traffic stop for an expired license plate on Eight Mile near Schoenherr. He discarded his jacket before leading officers on a half-block chase to a home on Pelkey.
Police said Mitchell complied at first, but when officers tried to pat him down, he resisted and was stunned one time with a Taser. Shortly after, he became unresponsive and died. He was the second Michigan teen to die after being hit with a Taser in the past month; a 15-year-old from Bay City died March 22.
The results of an autopsy conducted Saturday are pending, but police said the medical examiner found no signs of trauma to the body.
Paul Broschay, a Southfield attorney retained by the family, said his firm is investigating the incident and plans to file a lawsuit on the family's behalf.
"It's becoming more and more common for police officers to resort to the use of these dangerous weapons for no justifiable reason," he said. "Especially when we have a 16-year-old boy who is unarmed and terrified and police officers on the scene have overwhelming force."
But Warren Police maintain the actions of both officers involved were justified. The two were placed on paid leave Friday and are expected to return to work today.
"We're confident our officers were within guidelines and policies and their actions were appropriate," Warren Deputy Police Commissioner Jere Green said. "This person was bolting from the vehicle and it certainly raises the level of suspicion."
Mitchell's family has partnered with the Detroit Coalition Against Police Brutality and plans to go before Warren City Council to argue against Taser use by its police force.
"I am going to do everything I can to make sure this doesn't happen to another family," McGlory said. Mitchell's funeral is being planned for this weekend.
_____________________
Other information:
http://www.detnews.com/
http://www.detnews.com/article/20090415/METRO/904150384/1409/METRO/Officials+pressured+to+rethink+Taser+use
Relatives of a Detroit high school student who died Friday after Warren Police zapped him with a Taser are vowing legal action against the city and have joined forces with an anti-police brutality group to speak out against the devices.
Family members of Robert Mitchell say the 16-year-old was a quiet kid with a learning disability who loved sports and stayed out of trouble. They say they don't understand why Warren officers felt the unarmed teen, who took medication for attention-deficit disorder, posed a threat after a foot chase that ended in an abandoned home in Detroit.
"I want some answers," said Mitchell's grandmother, Charlotte McGlory of St. Clair Shores. "This doesn't make sense. Is this how we deal with our youth? Is this the behavior of those sworn to protect them?"
According to police, the Detroit Kettering High School sophomore bailed out of the Dodge Stratus he was riding in during a traffic stop for an expired license plate on Eight Mile near Schoenherr. He discarded his jacket before leading officers on a half-block chase to a home on Pelkey.
Police said Mitchell complied at first, but when officers tried to pat him down, he resisted and was stunned one time with a Taser. Shortly after, he became unresponsive and died. He was the second Michigan teen to die after being hit with a Taser in the past month; a 15-year-old from Bay City died March 22.
The results of an autopsy conducted Saturday are pending, but police said the medical examiner found no signs of trauma to the body.
Paul Broschay, a Southfield attorney retained by the family, said his firm is investigating the incident and plans to file a lawsuit on the family's behalf.
"It's becoming more and more common for police officers to resort to the use of these dangerous weapons for no justifiable reason," he said. "Especially when we have a 16-year-old boy who is unarmed and terrified and police officers on the scene have overwhelming force."
But Warren Police maintain the actions of both officers involved were justified. The two were placed on paid leave Friday and are expected to return to work today.
"We're confident our officers were within guidelines and policies and their actions were appropriate," Warren Deputy Police Commissioner Jere Green said. "This person was bolting from the vehicle and it certainly raises the level of suspicion."
Mitchell's family has partnered with the Detroit Coalition Against Police Brutality and plans to go before Warren City Council to argue against Taser use by its police force.
"I am going to do everything I can to make sure this doesn't happen to another family," McGlory said. Mitchell's funeral is being planned for this weekend.
_____________________
Other information:
http://www.detnews.com/
http://www.detnews.com/article/20090415/METRO/904150384/1409/METRO/Officials+pressured+to+rethink+Taser+use
Attorney Billy Spruell Sues Troopers who Threw Him Against Wall
Originally accused of obstructing officers, attorney sues troopers who witnesses said threw him against a wall after he was told to turn off his phone outside courtroom.
More than two years after he was thrown to the ground and arrested after being warned to put away his cell phone as he waited to plead a client's DUI case, charges against Marietta, Ga., attorney Billy L. Spruell have been dropped by the Fulton County district attorney.
But the case is not over: Spruell has filed suit in federal court in Atlanta against the two state troopers who hauled him, bleeding and in handcuffs, out of a waiting area at the Office of State Administrative Hearings in downtown Atlanta and charged him with obstructing an officer.
According to witnesses who spoke to the Daily Report at the time, Spruell was among several attorneys waiting outside the administrative courtroom in the Peachtree Street building housing OSAH on Feb. 13, 2007, when State Patrol Cpl. George R. Harper approached and told them to either put away their phones or leave the court offices.
Attorney David M. Zagoria said Spruell continued to talk on his phone, but walked out past a security checkpoint to "a little alcove where the stairs are."
Harper again told Spruell to leave the suite or hang up and, according to a State Patrol spokesman at the time, Spruell "became uncooperative" and cursed the officer. Harper, who was working off-duty at the court, attempted to arrest him. Trooper Stacey A. Forrest, who was attending court to testify in an unrelated case, pitched in to subdue Spruell, wrestling the then-68-year-old lawyer to the ground.
In the process, said Zagoria, Spruell was pushed into a wall, "and his head just made this sickening crunch."
The troopers, said attorney Gregory A. Willis, who was also on hand, "slammed Billy's head into the wall, into this black metal frame. I saw hair and blood there afterward."
Spruell's Feb. 10 suit accuses the troopers of excessive force and battery and essentially reiterates that version of events. It says that Harper followed Spruell into the hallway after ordering him from the waiting area "whereupon, suddenly and without warning, assaulted him, following which Defendant Forrest joined Defendant Harper and 'took him down,' which they did in such a violent way as to cause serious physical injuries."
Among those injuries, says the suit, were a concussion and contusions and lacerations to his lip, face and head. His teeth were also damaged, and his wrist and shoulder were strained, it says.
Spruell referred questions to his attorney, James A. Eidson of Hapeville, who said he had numerous witnesses to the arrest who could corroborate Spruell's version.
"They charged him with obstruction, but they never even told him he was under arrest until after they tackled him," said Eidson. "What was he obstructing?"
In fighting that charge, Spruell sought the help of the Georgia Association of Criminal Defense Lawyers' "Strike Force," which provides representation to member attorneys charged with contempt or other offenses during their representation of a client. He requested that Lawrenceville, Ga., attorney Christine A. Koehler, who was recently named president of the organization, take his case.
On April 1 she received a letter from Fulton County Senior Assistant District Attorney Kellie S. Hill of the office's Public Integrity Unit saying the charges had been dropped.
Her office had "exhaustively investigated" the allegations surrounding the incident, wrote Hill, "and our findings indicate that there is insufficient evidence to support a criminal prosecution against your client, Mr. Spruell, or any other party involved."
Eidson said that, as a result of that letter, he also will be adding a charge of false arrest to his complaint.
On April 4, the office of Georgia Attorney General Thurbert E. Baker filed a motion to dismiss, citing sovereign immunity. Baker spokeswoman Kelley Jackson declined further comment on the case.
A Georgia State Patrol public information officer, Lt. Paul L. Cosper, said he was unfamiliar with Spruell's suit and unaware of any related investigations conducted by his department.
I don't know Mr. Spruell or what his intentions are," said Coster. "These troopers were doing their job."
More than two years after he was thrown to the ground and arrested after being warned to put away his cell phone as he waited to plead a client's DUI case, charges against Marietta, Ga., attorney Billy L. Spruell have been dropped by the Fulton County district attorney.
But the case is not over: Spruell has filed suit in federal court in Atlanta against the two state troopers who hauled him, bleeding and in handcuffs, out of a waiting area at the Office of State Administrative Hearings in downtown Atlanta and charged him with obstructing an officer.
According to witnesses who spoke to the Daily Report at the time, Spruell was among several attorneys waiting outside the administrative courtroom in the Peachtree Street building housing OSAH on Feb. 13, 2007, when State Patrol Cpl. George R. Harper approached and told them to either put away their phones or leave the court offices.
Attorney David M. Zagoria said Spruell continued to talk on his phone, but walked out past a security checkpoint to "a little alcove where the stairs are."
Harper again told Spruell to leave the suite or hang up and, according to a State Patrol spokesman at the time, Spruell "became uncooperative" and cursed the officer. Harper, who was working off-duty at the court, attempted to arrest him. Trooper Stacey A. Forrest, who was attending court to testify in an unrelated case, pitched in to subdue Spruell, wrestling the then-68-year-old lawyer to the ground.
In the process, said Zagoria, Spruell was pushed into a wall, "and his head just made this sickening crunch."
The troopers, said attorney Gregory A. Willis, who was also on hand, "slammed Billy's head into the wall, into this black metal frame. I saw hair and blood there afterward."
Spruell's Feb. 10 suit accuses the troopers of excessive force and battery and essentially reiterates that version of events. It says that Harper followed Spruell into the hallway after ordering him from the waiting area "whereupon, suddenly and without warning, assaulted him, following which Defendant Forrest joined Defendant Harper and 'took him down,' which they did in such a violent way as to cause serious physical injuries."
Among those injuries, says the suit, were a concussion and contusions and lacerations to his lip, face and head. His teeth were also damaged, and his wrist and shoulder were strained, it says.
Spruell referred questions to his attorney, James A. Eidson of Hapeville, who said he had numerous witnesses to the arrest who could corroborate Spruell's version.
"They charged him with obstruction, but they never even told him he was under arrest until after they tackled him," said Eidson. "What was he obstructing?"
In fighting that charge, Spruell sought the help of the Georgia Association of Criminal Defense Lawyers' "Strike Force," which provides representation to member attorneys charged with contempt or other offenses during their representation of a client. He requested that Lawrenceville, Ga., attorney Christine A. Koehler, who was recently named president of the organization, take his case.
On April 1 she received a letter from Fulton County Senior Assistant District Attorney Kellie S. Hill of the office's Public Integrity Unit saying the charges had been dropped.
Her office had "exhaustively investigated" the allegations surrounding the incident, wrote Hill, "and our findings indicate that there is insufficient evidence to support a criminal prosecution against your client, Mr. Spruell, or any other party involved."
Eidson said that, as a result of that letter, he also will be adding a charge of false arrest to his complaint.
On April 4, the office of Georgia Attorney General Thurbert E. Baker filed a motion to dismiss, citing sovereign immunity. Baker spokeswoman Kelley Jackson declined further comment on the case.
A Georgia State Patrol public information officer, Lt. Paul L. Cosper, said he was unfamiliar with Spruell's suit and unaware of any related investigations conducted by his department.
I don't know Mr. Spruell or what his intentions are," said Coster. "These troopers were doing their job."
Colby Students Rally Against Excessive Force
An Easter Sunday encounter between students at Colby College and campus security has thrown the campus into turmoil. College officials say that security was trying to restrain students who were interfering with their task of helping another student who was ill. But a student-made video of the incident now widely viewed on campus has drawn cries of excessive force from the student body, who turned out by the hundreds this afternoon for a rally.
At noon, about 800 Colby students, roughly half the student body, stopped what they were doing and converged on the campus center to protest a Sunday incident at the Pugh student center that resulted in the arrest of two students. They wore red shirts in solidarity.
"So on the night in question I also was there in the Pugh Center," said Cynia Barnwell, one of about 10 students who shared eyewitness accounts with the crowd from under a towering flagpole. "The security officers knees was on the back of student A's neck and I began to cry and I questioned why this was happening, I questioned why they were using such force, what did he do, things of that nature."
The two students arrested were identified as 22-year-old Ozzy Ramirez, of the Bronx, New York, and 21-year-old Jacob Roundtree, of St. Albans, New York. Both were charged with assault and criminal trespass.
Police, who were called to assist campus police, say the incident unfolded after a college dance, when Colby's emergency's response team was trying to help an intoxicated student.
Joseph Massey is Waterville's police chief. "It all stemmed from apparently some students not wanting another student, who was intoxicated - and medical treatment was trying to be delivered to that student by some EMTs who were also students, and for some reason this large group of students, who obviously a lot of them had been drinking, didn't want the student to receive medical treatment."
The college says one student -- a reference to Ramirez, according to student eyewitnesses -- reportedly took issue with what was going on, and intefered with what the emergency response team was doing, both verbally and physically. The second student, identified as Roundtree by students, also verbally and physically interfered. Police say both were also drunk.
But fellow students say that campus security was overreacting and they point to a video that student Reesa Kashuk captured with her digital camera. The video shows two security officers restraining a man identified as Ramierez to the ground, as a small pool of blood collects around his face. The man screams "Let me go!" as his friends alternate between screaming and urging him to calm down.
Students demanded an apology from the college administration, who were invited to speak at the rally. They didn't get one. But college President William Adams expressed his sympathy toward the students. "I hear you, I understand, and I understand the level of upset that has been expressed today and previously and will continue to be expressed, and I need you to know that I share a level of profound upset."
Adams said that the college was conducting a thorough and fair investigation into what happened. The school has not taken any action against the students who were arrested or the security officers. "I'm working on identifying somebody from outside the institution to look at all these pieces that we're putting together, an independent voice, if you will, an investigator to take stock of what we gather and what we have said and what is being said by students and others."
Adams said the college administration would also sponsor a forum with the public that would allow students to ask questions.
The fact that the two students arrested were Hispanic and African-American, respectively, has prompted student complaints of racial discrimination. Juniors Lane Phillips and Kelsey Gibbs, who are white, said they didn't think that white students would have been treated the same way. I don't think it's a coincidence they happen to be two minority students on a campus of predominantly white, odds are against it being possible. There's no doubt in my mind," Phillips says.
"At the same time, I don't think security had the intention of beating up minority students. But at a same time, I don't think, in that same situation, I don't think it would have escalated to that level if they had been white.
Waterville Police Chief Massey said there have been no charges of racial discrimination filed. He says the allegations distract from the real issue: excessive college drinking.
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Other Information: http://www.fosters.com/apps/pbcs.dll/article?AID=/20090415/NEWS0104/904159972/-1/CITIZEN
At noon, about 800 Colby students, roughly half the student body, stopped what they were doing and converged on the campus center to protest a Sunday incident at the Pugh student center that resulted in the arrest of two students. They wore red shirts in solidarity.
"So on the night in question I also was there in the Pugh Center," said Cynia Barnwell, one of about 10 students who shared eyewitness accounts with the crowd from under a towering flagpole. "The security officers knees was on the back of student A's neck and I began to cry and I questioned why this was happening, I questioned why they were using such force, what did he do, things of that nature."
The two students arrested were identified as 22-year-old Ozzy Ramirez, of the Bronx, New York, and 21-year-old Jacob Roundtree, of St. Albans, New York. Both were charged with assault and criminal trespass.
Police, who were called to assist campus police, say the incident unfolded after a college dance, when Colby's emergency's response team was trying to help an intoxicated student.
Joseph Massey is Waterville's police chief. "It all stemmed from apparently some students not wanting another student, who was intoxicated - and medical treatment was trying to be delivered to that student by some EMTs who were also students, and for some reason this large group of students, who obviously a lot of them had been drinking, didn't want the student to receive medical treatment."
The college says one student -- a reference to Ramirez, according to student eyewitnesses -- reportedly took issue with what was going on, and intefered with what the emergency response team was doing, both verbally and physically. The second student, identified as Roundtree by students, also verbally and physically interfered. Police say both were also drunk.
But fellow students say that campus security was overreacting and they point to a video that student Reesa Kashuk captured with her digital camera. The video shows two security officers restraining a man identified as Ramierez to the ground, as a small pool of blood collects around his face. The man screams "Let me go!" as his friends alternate between screaming and urging him to calm down.
Students demanded an apology from the college administration, who were invited to speak at the rally. They didn't get one. But college President William Adams expressed his sympathy toward the students. "I hear you, I understand, and I understand the level of upset that has been expressed today and previously and will continue to be expressed, and I need you to know that I share a level of profound upset."
Adams said that the college was conducting a thorough and fair investigation into what happened. The school has not taken any action against the students who were arrested or the security officers. "I'm working on identifying somebody from outside the institution to look at all these pieces that we're putting together, an independent voice, if you will, an investigator to take stock of what we gather and what we have said and what is being said by students and others."
Adams said the college administration would also sponsor a forum with the public that would allow students to ask questions.
The fact that the two students arrested were Hispanic and African-American, respectively, has prompted student complaints of racial discrimination. Juniors Lane Phillips and Kelsey Gibbs, who are white, said they didn't think that white students would have been treated the same way. I don't think it's a coincidence they happen to be two minority students on a campus of predominantly white, odds are against it being possible. There's no doubt in my mind," Phillips says.
"At the same time, I don't think security had the intention of beating up minority students. But at a same time, I don't think, in that same situation, I don't think it would have escalated to that level if they had been white.
Waterville Police Chief Massey said there have been no charges of racial discrimination filed. He says the allegations distract from the real issue: excessive college drinking.
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Other Information: http://www.fosters.com/apps/pbcs.dll/article?AID=/20090415/NEWS0104/904159972/-1/CITIZEN
Former Officer Michael Roberts Indicted for Selling Police Records to Gang Members
Federal officials have denied a request for some documents in the case against a former Minneapolis Police officer accused of corruption and tax fraud. However, a judge ruled elements of the case would be separated.
Former Officer Michael David Roberts has been indicted by a federal grand jury, accused of selling police records to a gang member and failing to report $100,000 in income from off-duty security jobs to the IRS, according to court documents.
Earlier this month, his attorneys had asked to throw out some internal affairs reports and sever the tax accounts against him.
According to court documents, attorneys argue that Roberts was told by internal affairs investigators to either make a statement regarding the accusations against him or risk losing his job.
Roberts’ attorneys say that threat deprived him of his constitutional protections. They also want the tax case against Roberts to be separated from the other allegations because they’re unrelated.
The prosecution filed its own motion seeking, in part, to stop the defense from alleging at trial that Roberts is being prosecuted because of racism inside the Minneapolis Police Department.
The government responded Monday, stating the internal affairs reports would not be tossed out, based on entrapment and prejudicial claims made by Roberts' attorneys. But a federal judge ruled Tuesday that the tax and bribery counts against Roberts would be explored in a separate case.
Prosecutors say Roberts has confessed to selling the records, but hasn't pleaded in the tax charges. Roberts' trial is set for May 5.
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Related stories: Indicted former MPD officer asks for reports to be thrown out Mpls. Police officer reindicted, counts added
Former Officer Michael David Roberts has been indicted by a federal grand jury, accused of selling police records to a gang member and failing to report $100,000 in income from off-duty security jobs to the IRS, according to court documents.
Earlier this month, his attorneys had asked to throw out some internal affairs reports and sever the tax accounts against him.
According to court documents, attorneys argue that Roberts was told by internal affairs investigators to either make a statement regarding the accusations against him or risk losing his job.
Roberts’ attorneys say that threat deprived him of his constitutional protections. They also want the tax case against Roberts to be separated from the other allegations because they’re unrelated.
The prosecution filed its own motion seeking, in part, to stop the defense from alleging at trial that Roberts is being prosecuted because of racism inside the Minneapolis Police Department.
The government responded Monday, stating the internal affairs reports would not be tossed out, based on entrapment and prejudicial claims made by Roberts' attorneys. But a federal judge ruled Tuesday that the tax and bribery counts against Roberts would be explored in a separate case.
Prosecutors say Roberts has confessed to selling the records, but hasn't pleaded in the tax charges. Roberts' trial is set for May 5.
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Related stories: Indicted former MPD officer asks for reports to be thrown out Mpls. Police officer reindicted, counts added
Monday, April 13, 2009
Deputy Ryan Huizenga Arraigned for Shooting Unarmed Student During Raid
Ottawa County Sheriff's Dept. Deputy Ryan Huizenga has been arraigned in Holland District Court in the shooting of an unarmed Grand Valley State University student during a drug raid at his off-campus apartment.
A preliminary hearing is scheduled for Holland District Court on April 29th.
The Kalamazoo County Prosecutor authorized criminal charges against Huizenga on April 6th. Huizenga is charged with Careless Discharge of a Firearm causing Injury or Death. The charge is punishable by possible jail time, probation, or fines and other monetary charges.
Huizenga is on unpaid suspension pending the outcome of the Ottawa County internal revue.
On March 11th, Huizenga, along with other law enforcement officers, was conducting a search warrant for drugs at GVSU student Derek Copp's off-campus apartment.
According to the investigator of the case, Michigan State Police Det. Lt. Curt Schram, Copp answered the door. Lt. Schram said that, "When Mr. Copp opened the glass door, he indicated that there was a flashlight that was shown (sic) into his face and in his eyes." Lt. Schram says Copp shielded his face from the light, but did not have a weapon in his hand. Huizenga then shot Copp in the chest.
Copp has since returned to school.
Trial Under Way for Deputy Marshal John Ambrose Accused of Leaking Secrets to Mob
The trial is under way for a deputy U.S. marshal accused of leaking the secrets of an FBI investigation to the mob.
Prosecutors said in court Monday that 42-year-old deputy marshal John T. Ambrose deliberately helped the mob, while Ambrose's defense attorney claims he merely said too much while boasting to a friend.
Ambrose is accused of leaking the contents of a secret file on the star witness in the government's landmark Operation Family Secrets mob investigation.
Assistant U.S. Attorney T. Markus Funk told jurors the case is about, "a criminal betrayal of trust." Defense attorney Francis Lipuma told them Ambrose merely went too far while talking about his job with a former police officer who was like a father to him.
Prosecutors said in court Monday that 42-year-old deputy marshal John T. Ambrose deliberately helped the mob, while Ambrose's defense attorney claims he merely said too much while boasting to a friend.
Ambrose is accused of leaking the contents of a secret file on the star witness in the government's landmark Operation Family Secrets mob investigation.
Assistant U.S. Attorney T. Markus Funk told jurors the case is about, "a criminal betrayal of trust." Defense attorney Francis Lipuma told them Ambrose merely went too far while talking about his job with a former police officer who was like a father to him.
Border Protection Officer Edwin Barbo Accused of Stalking
A judge on Monday continued a protective order against a U.S. Customs and Border Protection officer accused of stalking a woman, jamming a pistol into her chest and threatening to kill her.
Edwin Barbot, 46, is accused of harassing the 47-year-old woman at her work and home. He was arrested in November on charges of aggravated assault with a deadly weapon, aggravated stalking and battery.
Last month, an Osceola County judge granted a temporary order against Barbot. On Monday, a circuit court judge continued the order until after Barbot's criminal trial, which is scheduled to begin April 21 in Osceola County.
Barbot was suspended from his Customs job at Orlando International Airport, agency spokeswoman Maria M. Alvarado said.
In mid-November, the woman told Osceola County deputy sheriffs that Barbot followed her home and argued with her outside her apartment. Barbot told the woman "that she better not be with anyone else or he will kill her," a sheriff's report said.
The woman told deputies that Barbot pulled at her, causing her to fall on the steps, and then "jammed" a semiautomatic pistol into her chest. The woman said he stood over her and said, "I want to kill you."
When the woman screamed, Barbot ran to his car and drove away, according to the report.
In hs report, the deputy noted that he saw a small, red circular mark on the woman's chest. Barbot was arrested Nov. 19 and released from the Osceola County Jail the same day on $5,500 bond.
In a written statement filed in court, the woman said Barbot put his gun in her mouth when she told him she was going to get a restraining order.
"He will kill me, he promised he would!" the woman wrote.
The woman stated she is "so afraid," she can't sleep, is having trouble concentrating and feels as though she's being followed. She said Barbot harassed her at work while wearing his federal uniform and carrying his badge and gun.
In her court filing for the protective order, the woman also stated that Barbot had an incident with another woman in January at work while he was on administrative duty. She gave no details about that allegation.
Alvarado said she couldn't comment on any allegations made against Barbot because he is under investigation.
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Other Information: http://www.wftv.com/news/19166797/detail.html
Edwin Barbot, 46, is accused of harassing the 47-year-old woman at her work and home. He was arrested in November on charges of aggravated assault with a deadly weapon, aggravated stalking and battery.
Last month, an Osceola County judge granted a temporary order against Barbot. On Monday, a circuit court judge continued the order until after Barbot's criminal trial, which is scheduled to begin April 21 in Osceola County.
Barbot was suspended from his Customs job at Orlando International Airport, agency spokeswoman Maria M. Alvarado said.
In mid-November, the woman told Osceola County deputy sheriffs that Barbot followed her home and argued with her outside her apartment. Barbot told the woman "that she better not be with anyone else or he will kill her," a sheriff's report said.
The woman told deputies that Barbot pulled at her, causing her to fall on the steps, and then "jammed" a semiautomatic pistol into her chest. The woman said he stood over her and said, "I want to kill you."
When the woman screamed, Barbot ran to his car and drove away, according to the report.
In hs report, the deputy noted that he saw a small, red circular mark on the woman's chest. Barbot was arrested Nov. 19 and released from the Osceola County Jail the same day on $5,500 bond.
In a written statement filed in court, the woman said Barbot put his gun in her mouth when she told him she was going to get a restraining order.
"He will kill me, he promised he would!" the woman wrote.
The woman stated she is "so afraid," she can't sleep, is having trouble concentrating and feels as though she's being followed. She said Barbot harassed her at work while wearing his federal uniform and carrying his badge and gun.
In her court filing for the protective order, the woman also stated that Barbot had an incident with another woman in January at work while he was on administrative duty. She gave no details about that allegation.
Alvarado said she couldn't comment on any allegations made against Barbot because he is under investigation.
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Other Information: http://www.wftv.com/news/19166797/detail.html
Officer Vally Getejanc Accused of Abuse Twice
DAVIE
Five months before a rookie police officer was charged with aggravated battery on his pregnant wife, an ex-girlfriend made similar accusations of abuse.
The wife of Officer Vally Getejanc, 25, told Davie police he held a gun to her head on one occasion and threw her to the ground on another. Davie officers arrested Getejanc on Feb. 27 after his wife called 911.
In October, Getejanc's ex-girlfriend, Casey-Lyn Bird, sought a restraining order against him, claiming the two had a three-year relationship marked by a "history of violence." Her request, denied by a judge two weeks later, triggered an Internal Affairs investigation into whether Getejanc had engaged in conduct unbecoming an officer.
Bird, 27, claimed Getejanc had punched, choked, kicked and head-butted her during their relationship and sent her a threatening text message in October. She also told Internal Affairs he once threatened to shoot her in the head. Getejanc admitted he and his ex-girlfriend had a "tumultuous" relationship but denied ever hitting her.
On Feb. 28, the day after Getejanc's arrest in the battery case involving his wife, Police Chief Patrick Lynn cleared him in the Internal Affairs case involving his ex-girlfriend, citing a lack of evidence.
"One case doesn't have anything to do with the other," Lynn said.
Getejanc, hired in March 2007, is on paid administrative leave from his $53,644-a-year job pending the outcome of the battery case. He declined to comment through his attorney, Anthony Livoti.
Livoti called his client a "really good guy" and questioned both women's version of events.
"I'm just saying that when emotions are involved, the facts oftentimes get lost," Livoti said. "If someone puts a gun to your head, do you marry them?" he said of Getejanc's wife, who requested her name not be published.
Getejanc's wife, 25, told detectives the two argued on Feb. 27 after he complained she'd spent too much time visiting her mother. Getejanc, while in uniform, wrapped his right forearm around her neck and threw her to the ground, according to the police report. The two had been married just four days and the wife was five months pregnant, the report says.
On Feb. 3, according to police records, Getejanc put his duty weapon to his wife's head and said "Say one more f------ word and I will shoot you!"
Getejanc's wife obtained a restraining order against him on March 2.
"She is afraid of him" and plans to file for divorce, said her attorney, Greg Lauer. "She wants nothing to do with him."
Lauer said the 911 tape speaks for itself and questioned whether Getejanc should be entrusted with police work.
"There are certain people who don't need a badge and a gun and he may be one of them," Lauer said. "If he did these things, he most definitely should not be a police officer."
Bird declined to comment on her former boyfriend, saying she wanted to move on with her life.
On Oct. 21, Judge Jack Tuter denied her request for a restraining order against Getejanc. The officer told the judge he never hit Bird and showed messages she had sent days after an argument professing her love and asking him to stay in the relationship. He also claimed she was jealous of his new girlfriend.
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http://www.sun-sentinel.com/news/local/broward/davie-copp-battery-041409,0,3488554.story
Five months before a rookie police officer was charged with aggravated battery on his pregnant wife, an ex-girlfriend made similar accusations of abuse.
The wife of Officer Vally Getejanc, 25, told Davie police he held a gun to her head on one occasion and threw her to the ground on another. Davie officers arrested Getejanc on Feb. 27 after his wife called 911.
In October, Getejanc's ex-girlfriend, Casey-Lyn Bird, sought a restraining order against him, claiming the two had a three-year relationship marked by a "history of violence." Her request, denied by a judge two weeks later, triggered an Internal Affairs investigation into whether Getejanc had engaged in conduct unbecoming an officer.
Bird, 27, claimed Getejanc had punched, choked, kicked and head-butted her during their relationship and sent her a threatening text message in October. She also told Internal Affairs he once threatened to shoot her in the head. Getejanc admitted he and his ex-girlfriend had a "tumultuous" relationship but denied ever hitting her.
On Feb. 28, the day after Getejanc's arrest in the battery case involving his wife, Police Chief Patrick Lynn cleared him in the Internal Affairs case involving his ex-girlfriend, citing a lack of evidence.
"One case doesn't have anything to do with the other," Lynn said.
Getejanc, hired in March 2007, is on paid administrative leave from his $53,644-a-year job pending the outcome of the battery case. He declined to comment through his attorney, Anthony Livoti.
Livoti called his client a "really good guy" and questioned both women's version of events.
"I'm just saying that when emotions are involved, the facts oftentimes get lost," Livoti said. "If someone puts a gun to your head, do you marry them?" he said of Getejanc's wife, who requested her name not be published.
Getejanc's wife, 25, told detectives the two argued on Feb. 27 after he complained she'd spent too much time visiting her mother. Getejanc, while in uniform, wrapped his right forearm around her neck and threw her to the ground, according to the police report. The two had been married just four days and the wife was five months pregnant, the report says.
On Feb. 3, according to police records, Getejanc put his duty weapon to his wife's head and said "Say one more f------ word and I will shoot you!"
Getejanc's wife obtained a restraining order against him on March 2.
"She is afraid of him" and plans to file for divorce, said her attorney, Greg Lauer. "She wants nothing to do with him."
Lauer said the 911 tape speaks for itself and questioned whether Getejanc should be entrusted with police work.
"There are certain people who don't need a badge and a gun and he may be one of them," Lauer said. "If he did these things, he most definitely should not be a police officer."
Bird declined to comment on her former boyfriend, saying she wanted to move on with her life.
On Oct. 21, Judge Jack Tuter denied her request for a restraining order against Getejanc. The officer told the judge he never hit Bird and showed messages she had sent days after an argument professing her love and asking him to stay in the relationship. He also claimed she was jealous of his new girlfriend.
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http://www.sun-sentinel.com/news/local/broward/davie-copp-battery-041409,0,3488554.story
Sunday, April 12, 2009
Prosecuting Police an Uphill Battle
Each time a police officer uses deadly force, wounding or killing a civilian, prosecutors gather facts and grand jurors weigh whether the actions may have been criminal, rarely returning indictments. Even less common, according to a Houston Chronicle review, are cases where an officer is convicted.
Last week’s indictment of Bellaire Police Sgt. Jeff Cotton, a white officer who shot a black man in his own driveway in an incident that raised allegations of racial profiling, marks the first time in more than three years that an officer in Harris County has been charged in such a shooting, the Chronicle found in a review of police prosecutions. In recent years, local officers have shot an average of 32 people.
Such incidents, ranging from a drunken off-duty officer’s 1989 shooting of Ida Lee Delaney in a traffic spat to the 2003 gunning down of two unarmed teens, have ignited community outrage. But, lawyers say, prosecutors in cases against those sworn to protect and serve have an uphill battle.
Only once in more than a decade has a Harris County jury found an officer criminally responsible for injuring or killing a citizen with a weapon.
The law is forgiving, lawyers said, and an officer can justify his use of deadly force by claiming he perceived grave peril to himself or others.
“Jurors will give police officers more credit because they put themselves in harm’s way to help others,” said Joe Owmby, who until December headed the police integrity division of the District Attorney’s Office and investigated numerous officers. “Jurors will bend over backward to hear it from the (officer’s) point of view, but if it appears an officer did not do what he was supposed to, they are more skeptical.”
Deadly force cases are emotionally charged, observed South Texas College of Law’s Geoffrey Corn. “These are hard cases,” he said. “I have a visceral reaction to those who say these cases aren’t fair, that juries don’t convict enough. … When we start saying that juries are incapable of trying this type of case or that, we kind of gut our concepts of justice. Juries are not always right, but if the process is fair, the outcome is respectable.”
Case in 2007 typical
Typical of many cases was Harris County’s most recent deadly force prosecution, that of two Pasadena policemen accused of killing Pedro Gonzales Jr. in July 2007.
Gonzales suffered eight broken ribs and a punctured lung as officers Jason Buckaloo and Christopher Jones used force to arrest him. They were indicted on charges of criminally negligent homicide.
Testimony in their trial revealed Gonzales was not intoxicated at the time of his arrest, as the officers suspected, but may have been suffering severe alcohol withdrawal.
Jurors acquitted the officers, who returned to work.
Owmby, who prosecuted the case, said jurors’ perceptions of Gonzales, a chronic alcoholic who often slept on the street, affected the outcome.
“The problem we had was that Mr. Gonzales was so ill, the jury just did not want to blame the police officers for what happened,” he said.
The only recent conviction of an officer in a fatal shooting came in a case with a sympathetic victim: a 14-year-old boy who had been playing video games minutes before an officer killed him.
On Nov. 21, 2003, Houston Police officer Arthur Carbonneau approached a group of youths, looking for two teens who had assaulted a 10-year-old boy. Eli Eloy Escobar, who had not been involved in the assault, tried to leave. Carbonneau detained him. During the scuffle, Carbonneau’s firearm discharged.
A grand jury indicted Carbonneau on a murder charge and he was convicted of criminally negligent homicide — the lightest conviction option — and got 10 years’ probation. The judge required him to serve 60 days in jail.
Owmby, who prosecuted Carbonneau, said he sees similarities between that case and the one against Cotton, 39, who is charged with aggravated assault by a public servant.
“It appears that in both cases we had an officer who overreacted, who never slowed down to evaluate what was happening and pulled the trigger when it was not necessary,” Owmby said.
Mistake on SUV’s plates
Cotton shot 23-year-old Robert Tolan, a former Bellaire High School baseball player, just after 2 a.m. on Dec, 31. Tolan and a cousin were returning to his parents’ house after getting off work at a restaurant.
An officer ran the plates on Tolan’s SUV but pulled up the wrong information, leading him to believe it was stolen.
Several officers approached as the men exited the SUV, ordering them to the ground. At one point, Tolan raised up to protest the treatment of his mother, who had come outside. Cotton fired several times, striking Tolan once in the chest.
Cotton’s lawyer said last week that he will prove Cotton’s actions were justified.
“When we get our day in court it will come out that the indictment against him was not warranted,” said David Donahue, a spokesman for Cotton’s lawyer, Paul Aman.
The case against Cotton will be prosecuted by Clint Greenwood, who joined the District Attorney’s Office in January after District Attorney Pat Lykos asked him to head the police integrity division. Greenwood, a peace officer who defended a number of policemen in his private practice, said he anticipates the Cotton case will be “a difficult case for both sides.”
He added, “Cases where a police officer is the defendant can be extremely difficult due to conceptions by the community at large. But, it is my job to advocate on behalf of the citizens of Harris County and I will do so vigorously.”
Another case involving police that resulted in a conviction was the 20-year-old fatal shooting of Delaney, a 51-year-old janitor killed in an encounter with three off-duty Houston officers after they had been out drinking.
The officers approached Delaney after a traffic altercation. One, Alex Gonzales, in civilian clothes and wearing no badge, charged her car with pistol drawn. She fired at the officer, striking him in the belly. He fired back.
Gonzales was tried twice and eventually convicted of voluntary manslaughter, receiving the minimum penalty — two years probation and a $5,000 fine. His light treatment prompted protest.
Former City Councilwoman Ada Edwards, who participated in those protests, called the outcome a “miscarriage of justice. I was not a jury member … but this was murder.”
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Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/04/sgt-jeff-cotton-indicted-for-shooting_10.html
Search for Double Murder Suspect Deputy Derrick Yancey Continues
Acting on a tip, authorities searched three Greyhound buses in Dalton early Sunday morning for former DeKalb County deputy and double murder suspect Derrick Yancey but came up empty-handed.
The DeKalb Sheriff’s Department was called about 12:45 a.m. by someone who said they thought they saw Yancey standing in line to board a bus at the Greyhound bus station in downtown Atlanta, said Mikki Jones, spokeswoman for the DeKalb Sheriff’s Department.
DeKalb County news Authorities learned that three buses left the station at about that time headed for Dalton, with final destinations of Chicago and Cleveland, Ohio, Jones said. The buses were checked at a Pilot Travel Center by local authorities in Dalton, she said. Yancey was not found.
Yancey, 49, is accused of killing his 44-year-old wife, Linda Yancey, and a 20-year-old day laborer, Marcial Cax Puluc, last summer.
Officials said Yancey disappeared from his mother’s home last week after cutting off his electronic ankle bracelet. A judge had released Yancey on $150,000 bond under the condition that he wear the tracking device and remain under house arrest.
The Fugitive Squad can be reached at 404-298-8200.
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http://whathappenedtoprotectandserve.blogspot.com/2008/09/officer-arrested-for-double-murder-is.html
The DeKalb Sheriff’s Department was called about 12:45 a.m. by someone who said they thought they saw Yancey standing in line to board a bus at the Greyhound bus station in downtown Atlanta, said Mikki Jones, spokeswoman for the DeKalb Sheriff’s Department.
DeKalb County news Authorities learned that three buses left the station at about that time headed for Dalton, with final destinations of Chicago and Cleveland, Ohio, Jones said. The buses were checked at a Pilot Travel Center by local authorities in Dalton, she said. Yancey was not found.
Yancey, 49, is accused of killing his 44-year-old wife, Linda Yancey, and a 20-year-old day laborer, Marcial Cax Puluc, last summer.
Officials said Yancey disappeared from his mother’s home last week after cutting off his electronic ankle bracelet. A judge had released Yancey on $150,000 bond under the condition that he wear the tracking device and remain under house arrest.
The Fugitive Squad can be reached at 404-298-8200.
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Previous Post and Picture: http://whathappenedtoprotectandserve.blogspot.com/2009/04/manhunt-continues-for-former-deputy.html
http://whathappenedtoprotectandserve.blogspot.com/2008/09/officer-arrested-for-double-murder-is.html
Officer Bobby Cole Faces Losing Job After he Failed to Protect and Serve
Officer Bobby Cole is facing losing his job next week on the Dallas police force after investigators found that he failed to protect and serve.
In one case, internal investigators found that he didn't arrest a robbery suspect. In another, he failed to charge a man with family violence, records show.
Cole, a nearly seven-year veteran, had a hearing Thursday in front of Assistant Chief Floyd Simpson, who recommended that he be fired. Police Chief David Kunkle is expected to make a final decision this coming Thursday.
In the first situation, Cole and another officer were working off duty security at a club on the North Central Expressway on Feb. 4, 2008, when they intervened to stop three robbers who were holding a man at gunpoint.
Two of the suspects fled. Cole and the other officer captured the third.
The victim, Josh Goad, told investigators that the suspected robber had told the officers that he could take them to his accomplices. He said the officers asked for his contact information and told him that they would be in contact.
After Goad left, the suspected robber was released. The officers did not file a police report, nor they notify did anyone that armed robbery suspects were on the loose.
In the meantime, two more robberies happened. Police captured the suspected robbers, including the one who the officers had released.
In his statement to investigators, Cole said the victim wasn't able to identify the third attacker, so he didn't think he had enough evidence to arrest him. He also told investigators that he didn't broadcast a suspect description over the radio was because his battery was dead.
"I was going to call in the Aggravated Robbery report when I got home and I forgot," Cole wrote in his statement to investigators.
The other officer, Irene Alanis, told internal investigators that Cole took charge at the scene and interviewed Goad. She said Cole was the lead officer at the scene and made the decision to release the suspect.
She has received a written reprimand over the incident.
"Thinking back, I should have done things differently," Cole told investigators. "I am truly sorry if (in) anyway the department's name was tarnished due to my actions."
The second incident occurred Feb. 11 when Cole and another officer responded to a report of a disturbance.
When Cole arrived, he said he spoke to the alleged victim who told him that a man had hit her and pulled her hair.
The man was taken into custody for outstanding warrants, but was not arrested on suspicion of family violence.
Cole didn't tell the other officer that the woman had claimed the man attacked her, investigators concluded.
In 2004, he also received a 15-day suspension for violating the department's sick leave policy, lying to a supervisor and making a false statement.
In one case, internal investigators found that he didn't arrest a robbery suspect. In another, he failed to charge a man with family violence, records show.
Cole, a nearly seven-year veteran, had a hearing Thursday in front of Assistant Chief Floyd Simpson, who recommended that he be fired. Police Chief David Kunkle is expected to make a final decision this coming Thursday.
In the first situation, Cole and another officer were working off duty security at a club on the North Central Expressway on Feb. 4, 2008, when they intervened to stop three robbers who were holding a man at gunpoint.
Two of the suspects fled. Cole and the other officer captured the third.
The victim, Josh Goad, told investigators that the suspected robber had told the officers that he could take them to his accomplices. He said the officers asked for his contact information and told him that they would be in contact.
After Goad left, the suspected robber was released. The officers did not file a police report, nor they notify did anyone that armed robbery suspects were on the loose.
In the meantime, two more robberies happened. Police captured the suspected robbers, including the one who the officers had released.
In his statement to investigators, Cole said the victim wasn't able to identify the third attacker, so he didn't think he had enough evidence to arrest him. He also told investigators that he didn't broadcast a suspect description over the radio was because his battery was dead.
"I was going to call in the Aggravated Robbery report when I got home and I forgot," Cole wrote in his statement to investigators.
The other officer, Irene Alanis, told internal investigators that Cole took charge at the scene and interviewed Goad. She said Cole was the lead officer at the scene and made the decision to release the suspect.
She has received a written reprimand over the incident.
"Thinking back, I should have done things differently," Cole told investigators. "I am truly sorry if (in) anyway the department's name was tarnished due to my actions."
The second incident occurred Feb. 11 when Cole and another officer responded to a report of a disturbance.
When Cole arrived, he said he spoke to the alleged victim who told him that a man had hit her and pulled her hair.
The man was taken into custody for outstanding warrants, but was not arrested on suspicion of family violence.
Cole didn't tell the other officer that the woman had claimed the man attacked her, investigators concluded.
In 2004, he also received a 15-day suspension for violating the department's sick leave policy, lying to a supervisor and making a false statement.
Officer Joseph Frugoli Bond Set at $500,000
Bond was set at $500,000 Sunday for an off-duty Chicago Police detective accused of killing two men when he allegedly plowed into a disabled car in a drunken-driving crash early Friday on the Dan Ryan Expressway.
After the hearing, a family member of one of the victims was taken into custody after a disturbance in the hallway that spilled out into the street, authorities said.
Joseph Frugoli, 41, of the Bridgeport area, was charged Friday with two counts of aggravated driving under the influence, two counts of reckless homicide and one count of leaving the scene of an accident, said Sally Daly, spokeswoman for the Cook County State’s Attorney Anita Alvarez.
Frugoli was ordered held on $500,000 bond at a Sunday hearing at the Cook County Criminal Courthouse at 3100 S. California Ave.
About 70 friends and family members of the two men killed in the crash became upset after bond was set and raised their voices in the courtroom hallway, Cook County Sheriff’s police spokesman Steve Patterson said.
Once outside the building, the group began telling strangers the bond was a travesty and Sheriff’s police took one of the family members into custody for his own safety, Patterson said. He was released without being charged.
Frugoli was taken into custody Friday after he drove his black Lexus into a red Dodge Intrepid that broke down in the southbound lanes of the Dan Ryan Expressway (I-90/94) near the 18th Street ramp, authorities said.
Frugoli, an 18-year-department veteran, was taken to Northwestern Memorial Hospital, where tests indicated his blood-alcohol level was about triple the legal limit of .08, sources said.
The officer was walking away from the crash scene when he was apprehended, police said.
A bystander, Marcus Copeland, said he tried to pull the victims from the burning Intrepid shortly before 4 a.m., but the flames were overpowering. “I couldn’t do anything,” he said.
One of the victims was Andrew Cazares, 23, of Summit, who attended Argo Community High School. Cazares worked construction and continued to live with his family in the 7700 block of West 62nd Place. Friends said he was a talented skateboarder and graphic artist.
Alexander Myles, 14, said he and a buddy were skateboarding one day when Cazares noticed their lack of skill.
“He said, ‘You guys want to learn some tricks?’” and gave the younger boys some lessons, according to Myles.
The Illinois State Police identified the other victim as Fausto Manzera, 21, of Chicago.
Manzera was a student at DePaul University, according to his friends, who said he was artistic, too. He and Cazares may have been on the way to Manzera’s father’s home in Bridgeport where Manzera stayed.
“He was just a wonderful friend. He will be truly missed,” said a friend, Claudia Godinez.
The Chicago Police Department released a statement saying Frugoli has been relieved of his police powers. In addition to the traffic investigation being conducted by the State Police, the Chicago Police Department launched a probe by its Internal Affairs Division.
Frugoli has been involved in other serious wrecks, including one not far from the scene of Friday’s fatal collision and another that injured two police officers.
Just last week, Frugoli was ordered to pay $7,100 to Joseph Cairo after a jury trial involving a 2005 accident.
Frugoli was driving a new BMW sedan that rear-ended Cairo’s Jeep Cherokee on the in-bound Dan Ryan near 31st. Cairo, 65, struck a median and suffered neck and shoulder injuries, while Frugoli went to the hospital for a head injury, records show.
Cairo’s lawyer, Benjamin Kelly of the Vrdolyak Law Group, said Frugoli gave two stories about the accident: he told the State Police at the accident scene that he did not know what happened. But in a legal deposition, Frugoli said Cairo slammed on his brakes, causing the crash. Kelly denied that Cairo caused the collision.
Both men live in the Bridgeport neighborhood near the site of their collision.
Frugoli’s other accidents include a collision near the intersection of 37th and Wallace in Bridgeport when he allegedly ran a stop sign and struck a Chicago police car, injuring two officers, records show.
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http://www.nwi.com/articles/2009/04/12/updates/breaking_news/doc49e252851f4b4251588990.txt
After the hearing, a family member of one of the victims was taken into custody after a disturbance in the hallway that spilled out into the street, authorities said.
Joseph Frugoli, 41, of the Bridgeport area, was charged Friday with two counts of aggravated driving under the influence, two counts of reckless homicide and one count of leaving the scene of an accident, said Sally Daly, spokeswoman for the Cook County State’s Attorney Anita Alvarez.
Frugoli was ordered held on $500,000 bond at a Sunday hearing at the Cook County Criminal Courthouse at 3100 S. California Ave.
About 70 friends and family members of the two men killed in the crash became upset after bond was set and raised their voices in the courtroom hallway, Cook County Sheriff’s police spokesman Steve Patterson said.
Once outside the building, the group began telling strangers the bond was a travesty and Sheriff’s police took one of the family members into custody for his own safety, Patterson said. He was released without being charged.
Frugoli was taken into custody Friday after he drove his black Lexus into a red Dodge Intrepid that broke down in the southbound lanes of the Dan Ryan Expressway (I-90/94) near the 18th Street ramp, authorities said.
Frugoli, an 18-year-department veteran, was taken to Northwestern Memorial Hospital, where tests indicated his blood-alcohol level was about triple the legal limit of .08, sources said.
The officer was walking away from the crash scene when he was apprehended, police said.
A bystander, Marcus Copeland, said he tried to pull the victims from the burning Intrepid shortly before 4 a.m., but the flames were overpowering. “I couldn’t do anything,” he said.
One of the victims was Andrew Cazares, 23, of Summit, who attended Argo Community High School. Cazares worked construction and continued to live with his family in the 7700 block of West 62nd Place. Friends said he was a talented skateboarder and graphic artist.
Alexander Myles, 14, said he and a buddy were skateboarding one day when Cazares noticed their lack of skill.
“He said, ‘You guys want to learn some tricks?’” and gave the younger boys some lessons, according to Myles.
The Illinois State Police identified the other victim as Fausto Manzera, 21, of Chicago.
Manzera was a student at DePaul University, according to his friends, who said he was artistic, too. He and Cazares may have been on the way to Manzera’s father’s home in Bridgeport where Manzera stayed.
“He was just a wonderful friend. He will be truly missed,” said a friend, Claudia Godinez.
The Chicago Police Department released a statement saying Frugoli has been relieved of his police powers. In addition to the traffic investigation being conducted by the State Police, the Chicago Police Department launched a probe by its Internal Affairs Division.
Frugoli has been involved in other serious wrecks, including one not far from the scene of Friday’s fatal collision and another that injured two police officers.
Just last week, Frugoli was ordered to pay $7,100 to Joseph Cairo after a jury trial involving a 2005 accident.
Frugoli was driving a new BMW sedan that rear-ended Cairo’s Jeep Cherokee on the in-bound Dan Ryan near 31st. Cairo, 65, struck a median and suffered neck and shoulder injuries, while Frugoli went to the hospital for a head injury, records show.
Cairo’s lawyer, Benjamin Kelly of the Vrdolyak Law Group, said Frugoli gave two stories about the accident: he told the State Police at the accident scene that he did not know what happened. But in a legal deposition, Frugoli said Cairo slammed on his brakes, causing the crash. Kelly denied that Cairo caused the collision.
Both men live in the Bridgeport neighborhood near the site of their collision.
Frugoli’s other accidents include a collision near the intersection of 37th and Wallace in Bridgeport when he allegedly ran a stop sign and struck a Chicago police car, injuring two officers, records show.
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http://www.nwi.com/articles/2009/04/12/updates/breaking_news/doc49e252851f4b4251588990.txt
SWAT Tactics Examined after Oakland Cop Killings
Law enforcement experts call residential entryways the "fatal funnel" _and that is where two Oakland police officers met death when they confronted a barricaded gunman, who allegedly had already killed two other officers hours earlier. The SWAT team's decision to rush an apartment rather than wait out an armed man is expected to be the subject of Special Weapons and Tactics training classes across the country, experts said.
And the Oakland Police Department said Friday that its internal investigation of the March 21 killings will include a review by outside SWAT experts.
It was the deadliest incident involving California officers since 1970.
Lawyers, police trainers and others expect the examination to determine whether police followed departmental guidelines and whether they made tactical or procedural mistakes.
Police say parolee Lovelle Mixon shot motorcycle patrolmen Mark Dunakin and John Hege with a handgun during a traffic stop, then later killed SWAT team members Ervin Romans and Daniel Sakai with an assault weapon. Another SWAT officer was injured, and Mixon was killed.
Police have not said why Dunakin and Hege stopped Mixon. The two patrolmen were killed without drawing their own weapons.
After that shooting, investigators said, Mixon fled a few blocks away to a sister's apartment. An anonymous tip exposed Mixon's hiding place- and about two hours after the traffic stop the SWAT team stormed through the apartment's front door, detonating flash-bang devices.
Much of the focus outside the Oakland department has been on the SWAT team because the highly trained officers were killed while in pursuit of someone they believed already had gunned down two of their colleagues.
The department's written guidelines for resolving such situations begins with "containment" but also includes "breach and entry of objective site" among 10 options.
"In any event, a resolution will be accomplished with the utmost consideration given to the safety of citizens, police personnel and all involved parties," states the department's general orders for SWAT operations.
Police officials have said the SWAT team entered the apartment to clear and search it, but precisely what prompted their decision is unclear.
The department turned down requests to interview a SWAT team commander and Police Chief Howard Jordan.
"The whole incident is still under investigation and OPD is not releasing any details or reports," police spokesman Jeff Thomason said in an April 2 e-mail. "This is to protect the integrity of the investigation until it can be completed."
Law enforcement experts said that without knowing more about the circumstances, it is difficult to second-guess the officers' actions.
Some speculated that the SWAT team decided to enter the apartment because they feared waiting for the gunman to give up could result in more violence and harm to building occupants.
They said the officers faced one of the most dangerous scenarios in law enforcement: a gunman holed up in a residence and presumably training his sights on the entryway.
"I don't see where it was necessarily prudent for the officers to go in when they went in," said Michael Lyman, a criminal justice professor at Columbia College in Missouri, who based his comments on publicly available information. "Unless there is compelling need to go through that fatal funnel, don't do it."
Ed Nowicki, executive director of the International Law Enforcement Educators and Trainers Association based in Twin Lakes, Wis., said the people inside the building always have the advantage over those outside, simply because they have more knowledge.
"It's their turf, not your turf," he said.
Nowicki said SWAT officers should avoid storming a residence unless there are strong signals that a gunman is on the verge of more violence.
"You go in pretty much as a last resort," Nowicki said. "And if you don't have to, you don't. If you can wait them out, you wait them out."
Experts widely agree that the Oakland police shootings will be one of the most widely studied cases in law enforcement training.
It will certainly alter SWAT training in some way, said Robert Stresak, a spokesman for the California Commission on Peace Officer Standards and Training.
"It is a watershed law enforcement moment," Stresak said. "Obviously, when four heroes are killed, something didn't go right."
Saturday, April 11, 2009
Officer Ray F. Robert Refuses to be Tasered as Part of his Training Exercise
Should a sheriff be able to reassign an officer to a different, less desirable position if the officer refuses to undergo a training exercise?
What if that training exercise required the officer to receive a shock from a Taser?
And what if that officer had a note from his doctor advising against it?
Those are among the provocative questions at the center of a lawsuit filed this week by Ray F. Robert against the Hamilton County Sheriff's Department.
And how those questions are answered depends greatly on whom is being asked.
Robert, who spoke with The Indianapolis Star on Wednesday, said he can't fathom being fired for basically taking his doctor's advice.
"I'd been in law enforcement for more than 31 years, and (when I was terminated), it felt like it was all for nothing," Robert, 54, said. "Just because I can't be Tased doesn't mean I can't do my job."
Robert said two doctors -- including a physician chosen by the Sheriff's Department -- advised him against being Tased. He feared the electrical jolt and ensuing muscle spasms could further injure a damaged vertebra and a metal plate in his back.
"What happens if I become paralyzed? How long is the county going to pay me?" he asked. "What would I be able to do with my life if that happens?"
But Hamilton County Sheriff Doug Carter said other officers, including a 73-year-old employee and another officer with severe back problems, each received a two-second Taser jolt with no ill effects.
"Every single person who underwent the training found value in the exposure," Carter said. "I would never put one of my officers in danger. The vast majority of Taser injuries come from falls, which is why we have the training on a mat with people holding the person (getting Tased)."
Both sides agree that after Robert refused to be shocked in December, the department offered to create a position for him at the Hamilton County Jail.
But Robert's attorney, Daniel Lapointe Kent, called the gesture inadequate.
"They offered another position with a substantial reduction in the overall compensation package, with not as many benefits," he said. "He would have to work weekends and holidays and no longer have use of a squad car."
After Robert refused the position in the jail, Carter said he had no alternative but to fire him.
The issue drew divided reaction Wednesday.
Dalia Hashad, a policy director with human rights watchdog Amnesty International, praised Robert for his refusal and chastised the sheriff's decision.
"It seems they (the Sheriff's Department) lack a strong understanding how dangerous a Taser really is," Hashad said. "Given his medical history and the two doctor's notes, it's obvious he wasn't an appropriate person to be Tased. With that attitude, I'm curious how they're using the weapon on the street. Is there anyone they think shouldn't be Tased?"
Amnesty International is a longtime critic of Taser use. The organization attributes 335 deaths from July 2001 to August 2008 to the device.
But Noblesville Police Lt. Bruce Barnes said that if an officer can't be Tased, it may raise other questions.
"You have to question if someone is fit for duty if they say they can't train for a situation that might occur in real life," said Barnes, whose department is among several in Central Indiana, including Indianapolis police, that require such training. "What happens if you're wrestling with a suspect, and he grabs your Taser (and shoots you)? If you can't perform your duties, you're putting everyone else at risk."
Lapointe Kent said Robert didn't need a Taser because he had other weapons at his disposal, such as a nightstick and his firearm. Carter, however, said Tasers have become integral tools in police officers' nonlethal arsenals.
"The presence of Tasers has quickly de-escalated many violent situations," Carter said. "In five seconds, the situation is brought under control with no injury to the person or the officer. (If you were a suspect,) would you rather be hit in the head with a nightstick or stunned with a Taser with no injuries afterward?"
Tasers temporarily incapacitate suspects by delivering five seconds of 50,000 volts of low-amperage electricity through two barbs shot into the body from up to 21 feet away.
Most training programs give officers the choice of being shot with the barbs or receiving a shorter jolt through a pair of alligator clips attached to a pant leg.
Many agencies believe it is imperative for officers to understand what a Taser shock feels like, in part so they will show restraint before using the device.
In a written statement, Taser company spokesman Steve Tuttle said fewer than 100 injuries have occurred during more than 625,000 training exposures.
Greenwood Police Chief Joe Pitcher said he has had a couple of officers with heart issues who were cleared by their doctors to be Tased.
"Their doctors told them there was no evidence that it would be harmful, so to go ahead and do it," Pitcher said. The training "gives us a good lesson that if we do have to resort to these instruments, we know how painful they are to the people we have to use them on."
"Tasers are very painful but not lethal," he said. "They are subject to abuse if you are not familiar with how painful they are."
Robert's suit, filed in federal court, alleges his constitutional rights were violated and seeks reinstatement, back wages and punitive damages.
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PDF...
http://www.indystar.com/assets/pdf/BG13244149.PDF
http://www.indystar.com
What if that training exercise required the officer to receive a shock from a Taser?
And what if that officer had a note from his doctor advising against it?
Those are among the provocative questions at the center of a lawsuit filed this week by Ray F. Robert against the Hamilton County Sheriff's Department.
And how those questions are answered depends greatly on whom is being asked.
Robert, who spoke with The Indianapolis Star on Wednesday, said he can't fathom being fired for basically taking his doctor's advice.
"I'd been in law enforcement for more than 31 years, and (when I was terminated), it felt like it was all for nothing," Robert, 54, said. "Just because I can't be Tased doesn't mean I can't do my job."
Robert said two doctors -- including a physician chosen by the Sheriff's Department -- advised him against being Tased. He feared the electrical jolt and ensuing muscle spasms could further injure a damaged vertebra and a metal plate in his back.
"What happens if I become paralyzed? How long is the county going to pay me?" he asked. "What would I be able to do with my life if that happens?"
But Hamilton County Sheriff Doug Carter said other officers, including a 73-year-old employee and another officer with severe back problems, each received a two-second Taser jolt with no ill effects.
"Every single person who underwent the training found value in the exposure," Carter said. "I would never put one of my officers in danger. The vast majority of Taser injuries come from falls, which is why we have the training on a mat with people holding the person (getting Tased)."
Both sides agree that after Robert refused to be shocked in December, the department offered to create a position for him at the Hamilton County Jail.
But Robert's attorney, Daniel Lapointe Kent, called the gesture inadequate.
"They offered another position with a substantial reduction in the overall compensation package, with not as many benefits," he said. "He would have to work weekends and holidays and no longer have use of a squad car."
After Robert refused the position in the jail, Carter said he had no alternative but to fire him.
The issue drew divided reaction Wednesday.
Dalia Hashad, a policy director with human rights watchdog Amnesty International, praised Robert for his refusal and chastised the sheriff's decision.
"It seems they (the Sheriff's Department) lack a strong understanding how dangerous a Taser really is," Hashad said. "Given his medical history and the two doctor's notes, it's obvious he wasn't an appropriate person to be Tased. With that attitude, I'm curious how they're using the weapon on the street. Is there anyone they think shouldn't be Tased?"
Amnesty International is a longtime critic of Taser use. The organization attributes 335 deaths from July 2001 to August 2008 to the device.
But Noblesville Police Lt. Bruce Barnes said that if an officer can't be Tased, it may raise other questions.
"You have to question if someone is fit for duty if they say they can't train for a situation that might occur in real life," said Barnes, whose department is among several in Central Indiana, including Indianapolis police, that require such training. "What happens if you're wrestling with a suspect, and he grabs your Taser (and shoots you)? If you can't perform your duties, you're putting everyone else at risk."
Lapointe Kent said Robert didn't need a Taser because he had other weapons at his disposal, such as a nightstick and his firearm. Carter, however, said Tasers have become integral tools in police officers' nonlethal arsenals.
"The presence of Tasers has quickly de-escalated many violent situations," Carter said. "In five seconds, the situation is brought under control with no injury to the person or the officer. (If you were a suspect,) would you rather be hit in the head with a nightstick or stunned with a Taser with no injuries afterward?"
Tasers temporarily incapacitate suspects by delivering five seconds of 50,000 volts of low-amperage electricity through two barbs shot into the body from up to 21 feet away.
Most training programs give officers the choice of being shot with the barbs or receiving a shorter jolt through a pair of alligator clips attached to a pant leg.
Many agencies believe it is imperative for officers to understand what a Taser shock feels like, in part so they will show restraint before using the device.
In a written statement, Taser company spokesman Steve Tuttle said fewer than 100 injuries have occurred during more than 625,000 training exposures.
Greenwood Police Chief Joe Pitcher said he has had a couple of officers with heart issues who were cleared by their doctors to be Tased.
"Their doctors told them there was no evidence that it would be harmful, so to go ahead and do it," Pitcher said. The training "gives us a good lesson that if we do have to resort to these instruments, we know how painful they are to the people we have to use them on."
"Tasers are very painful but not lethal," he said. "They are subject to abuse if you are not familiar with how painful they are."
Robert's suit, filed in federal court, alleges his constitutional rights were violated and seeks reinstatement, back wages and punitive damages.
______________________
PDF...
http://www.indystar.com/assets/pdf/BG13244149.PDF
http://www.indystar.com
A Bunny Tale...Officer Alvin Perez Maces the Rabbit
A Denver sheriff's deputy who pleaded guilty to a charge of animal cruelty for using Mace on a rabbit continues to oversee inmates at the Denver County Jail.
Alvin Perez, 41, was suspended for two months without pay and then was reinstated, said people familiar with the case. The date of his reinstatement was not available Monday.
A criminal complaint says that on May 28, Perez saw a rabbit near where he was standing outside the Denver County Jail during his break.
He got a can of Mace and sprayed the rabbit for no apparent reason.
Perez pleaded guilty to one count of animal cruelty and was sentenced in December to one year of supervised probation, a one-year suspended jail sentence and a $500 fine.
Perez declined to comment.
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http://policecrimes.com/forum/viewtopic.php?t=6449
Alvin Perez, 41, was suspended for two months without pay and then was reinstated, said people familiar with the case. The date of his reinstatement was not available Monday.
A criminal complaint says that on May 28, Perez saw a rabbit near where he was standing outside the Denver County Jail during his break.
He got a can of Mace and sprayed the rabbit for no apparent reason.
Perez pleaded guilty to one count of animal cruelty and was sentenced in December to one year of supervised probation, a one-year suspended jail sentence and a $500 fine.
Perez declined to comment.
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http://policecrimes.com/forum/viewtopic.php?t=6449
Retired Officer Cecil Ramsay Shoots Other Officer then Himself
A retired New York City police officer shot an off-duty officer he suspected was having an affair with his police officer wife, then killed himself in the driveway of his suburban home, authorities said Saturday. Cecil Ramsay confronted his wife and a friend, both off-duty New York Police Department officers, when the pair arrived at the family's home Saturday morning, Suffolk County police said.
He accused Officer Edwin Chittick "of seeing his wife," Dady Belfort, said Suffolk County police Detective Lt. Jack Fitzpatrick.
"It's our understanding that that is not the case. They're just acquaintances," Fitzpatrick said.
Chittick told Ramsay "in effect, 'I'm not here to have an argument with you,' and walks out," getting into Belfort's sport utility vehicle with her, Fitzpatrick said. Ramsay fired at least three times at the departing SUV, hitting Chittick in the hand.
He then put the gun to his head and pulled the trigger in front of several construction workers doing work on his home, Fitzpatrick said. Other family members had also been at the home with him at the time of his wife's arrival, police said.
Chestean Howard said he called 911 after hearing several gunshots in the neighborhood, then looked out his window.
"He wasn't moving," Howard told Newsday Saturday. "I thought, 'That's it. He's dead.'"
Belfort, who was not injured, drove a short distance to a hospital emergency room, where Chittick was treated for wounds that were not life-threatening.
The SUV - its front passenger-side window shattered and driver and passenger seats smeared with blood - was on the grounds of the hospital for several hours Saturday.
Outside the home about 40 miles east of New York City, a body covered by a yellow tarp lay in the driveway for hours Saturday morning under a steady rain before it was removed on a gurney.
Ramsay, 51, had been ill with heart problems and was awaiting a heart transplant, Fitzpatrick said.
A 2007 article about Belfort in the Congressional Record said she has been an officer since 1989 and was promoted to detective in 2005. She was pursuing a master's degree in criminal justice at the time and has three children with Ramsay, according to the profile.
New York City police wouldn't comment on the shootings or give information about the officers, referring all questions to Long Island authorities.
He accused Officer Edwin Chittick "of seeing his wife," Dady Belfort, said Suffolk County police Detective Lt. Jack Fitzpatrick.
"It's our understanding that that is not the case. They're just acquaintances," Fitzpatrick said.
Chittick told Ramsay "in effect, 'I'm not here to have an argument with you,' and walks out," getting into Belfort's sport utility vehicle with her, Fitzpatrick said. Ramsay fired at least three times at the departing SUV, hitting Chittick in the hand.
He then put the gun to his head and pulled the trigger in front of several construction workers doing work on his home, Fitzpatrick said. Other family members had also been at the home with him at the time of his wife's arrival, police said.
Chestean Howard said he called 911 after hearing several gunshots in the neighborhood, then looked out his window.
"He wasn't moving," Howard told Newsday Saturday. "I thought, 'That's it. He's dead.'"
Belfort, who was not injured, drove a short distance to a hospital emergency room, where Chittick was treated for wounds that were not life-threatening.
The SUV - its front passenger-side window shattered and driver and passenger seats smeared with blood - was on the grounds of the hospital for several hours Saturday.
Outside the home about 40 miles east of New York City, a body covered by a yellow tarp lay in the driveway for hours Saturday morning under a steady rain before it was removed on a gurney.
Ramsay, 51, had been ill with heart problems and was awaiting a heart transplant, Fitzpatrick said.
A 2007 article about Belfort in the Congressional Record said she has been an officer since 1989 and was promoted to detective in 2005. She was pursuing a master's degree in criminal justice at the time and has three children with Ramsay, according to the profile.
New York City police wouldn't comment on the shootings or give information about the officers, referring all questions to Long Island authorities.
Officer Joseph Frugoli Charged with Reckless Homicide
A veteran Chicago police officer charged in the drunk driving deaths of two men has been released from the hospital into police custody.
Joseph Frugoli has been charged with reckless homicide and aggravated driving under the influence. He also faces one count of leaving the scene of an accident involving death.
The Chicago police detective is set to appear in bond court Sunday. Investigators say he caused the crash that claimed the lives of two promising young men: 21-year-old Fausto Manzera and Andrew Cazares, 23.
Detective Frugoli turned away from cameras Saturday as he was released from the hospital and into police custody, one day after investigators say he caused a fiery early morning crash that claimed the lives of the two men.
Frugoli's attorney. Greg Smith, accompanied by an unidentified man, left court Saturday afternoon after a bond hearing for his client was rescheduled from Saturday to Sunday because there was a delay in formally processing the 41-year-old veteran police officer.
Disappointed family and friends of one of the men killed also left court with little to say Saturday.
"We have no comments," said Manzera family spokesperson Michael Rihani said when asked if he was disappointed that justice had been delayed.
Relatives and friends continued to gather at the home of Manzera Saturday afternoon. The DePaul University marketing student was the passenger in the vehicle of his best friend when the accident happened.
Friend Patrick O'Malley has known Manzera since they graduated high school together in 2006.
"It was a shame what happened. He was a great kid. He was really artistic, outgoing, always happy and fun to be around," said O'Malley.
Investigators say Frugoli was off-duty and had a blood alcohol content three-times the legal limit when he slammed into the disabled Dodge intrepid driven by Andrew Cazares. Cazares's vehicle was stopped in the right lane on the outbound Dan Ryan expressway near 18th Street, possibly with a flat tire, when Frugoli's black Lexus SUV rear-ended the car, which then burst into flames.
Some who knew Cazares said, after some tough years as a teen, he was turning his life around.
"He told me he had been doing good for a whole year. He said he was picking himself up," said neighbor Sterling Pfizer.
While the two men died, officers say Frugoli fled, walking away from the crash. However, he was arrested a few blocks away.
Colleagues of the 18-year police officer describe him as a good cop who loved his job. Frugoli's neighbors remain shocked.
"He seems like a nice guy. His mom and dad just passed away. He's a good neighbor. I can't say anything bad about him," said one unidentified neighbor.
Published reports indicate the recent crash is the most serious traffic incident for Frugoli. The Chicago Tribune reports Frugoli was cited in at least three traffic incidents dating back to 1990, the most similar to Friday's crash being a January 2005 accident on the Ryan expressway. In that case, a civil court judge reportedly ordered Frugoli to pay $7,000 in damages, after he struck a 61-year-old man's car from behind and pushed it into a median wall.
In all the accidents, tickets issued to Frugoli were either dropped or thrown out.
Detective Frugoli has been stripped of his police powers.
Joseph Frugoli has been charged with reckless homicide and aggravated driving under the influence. He also faces one count of leaving the scene of an accident involving death.
The Chicago police detective is set to appear in bond court Sunday. Investigators say he caused the crash that claimed the lives of two promising young men: 21-year-old Fausto Manzera and Andrew Cazares, 23.
Detective Frugoli turned away from cameras Saturday as he was released from the hospital and into police custody, one day after investigators say he caused a fiery early morning crash that claimed the lives of the two men.
Frugoli's attorney. Greg Smith, accompanied by an unidentified man, left court Saturday afternoon after a bond hearing for his client was rescheduled from Saturday to Sunday because there was a delay in formally processing the 41-year-old veteran police officer.
Disappointed family and friends of one of the men killed also left court with little to say Saturday.
"We have no comments," said Manzera family spokesperson Michael Rihani said when asked if he was disappointed that justice had been delayed.
Relatives and friends continued to gather at the home of Manzera Saturday afternoon. The DePaul University marketing student was the passenger in the vehicle of his best friend when the accident happened.
Friend Patrick O'Malley has known Manzera since they graduated high school together in 2006.
"It was a shame what happened. He was a great kid. He was really artistic, outgoing, always happy and fun to be around," said O'Malley.
Investigators say Frugoli was off-duty and had a blood alcohol content three-times the legal limit when he slammed into the disabled Dodge intrepid driven by Andrew Cazares. Cazares's vehicle was stopped in the right lane on the outbound Dan Ryan expressway near 18th Street, possibly with a flat tire, when Frugoli's black Lexus SUV rear-ended the car, which then burst into flames.
Some who knew Cazares said, after some tough years as a teen, he was turning his life around.
"He told me he had been doing good for a whole year. He said he was picking himself up," said neighbor Sterling Pfizer.
While the two men died, officers say Frugoli fled, walking away from the crash. However, he was arrested a few blocks away.
Colleagues of the 18-year police officer describe him as a good cop who loved his job. Frugoli's neighbors remain shocked.
"He seems like a nice guy. His mom and dad just passed away. He's a good neighbor. I can't say anything bad about him," said one unidentified neighbor.
Published reports indicate the recent crash is the most serious traffic incident for Frugoli. The Chicago Tribune reports Frugoli was cited in at least three traffic incidents dating back to 1990, the most similar to Friday's crash being a January 2005 accident on the Ryan expressway. In that case, a civil court judge reportedly ordered Frugoli to pay $7,000 in damages, after he struck a 61-year-old man's car from behind and pushed it into a median wall.
In all the accidents, tickets issued to Frugoli were either dropped or thrown out.
Detective Frugoli has been stripped of his police powers.
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