Monday, May 04, 2009

Trial Begins for Officer Paul Cervantes Accused of Theft


Opening statements are set to begin on Monday in the case of a police officer, accused of theft.

Paul Cervantes is being charged with Grand Auto Theft.

The charges come after an alleged drug dealers accused Cervantes and another officer, Hector Becerra, of stealing his SUV, and giving it to an informant.

Back in February, Becerra was cleared of all charged against him.

The informant, Jesus Valles, has reached a preliminary plea deal. He is expected to testify for the prosecution in exchange for having the charges against him dropped.

Authorities say Cervantes had a direct role in that vehicle theft. Cervantes' Attorney, Terry Bowman, says the people making the allegations are not credible.
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Correctional Officer Sidney Nunn Charged with Smuggling Drugs into Jail

A 25-year-old correctional officer was arrested on drug charges following an investigation into drug smuggling at Vaughn Correctional Center, police reported today.

Dover police spokesman Lt. Tim Stump said Sidney Nunn, of Smyrna, was charged with possession with intent to deliver marijuana, maintaining a vehicle, conspiracy, possession of drug paraphernalia and promoting prison contraband.

Nunn was released after posting $8,000 bail.

Internal Affairs at the prison contacted the Dover police drug unit with information about Nunn, Stump said.

About 2 p.m. Saturday officers arrested Nunn in the parking lot of the Dover Mall and confiscated 26.7 grams of marijuana from him that police said he had intended to smuggle into the prison.

State Department of Correction spokesman John Painter said Nunn was hired in April 2004 and worked as a correctional officer at Vaughn Correctional Center.

“Following normal procedure, he had been placed on leave with pay pending the outcome of an internal investigation,” Painter said.

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http://abclocal.go.com/wpvi/story?section=news/local&id=6795208

Sunday, May 03, 2009

Retired Judge James Weaver Arrested 3 Times for Drunk Driving

A retired Muscatine County judge has pleaded not guilty after his third arrest for drunken driving.

James Weaver, 56, of Blue Grass was arrested in March in Scott County. Iowa State Patrol officials say Weaver’s blood-alcohol concentration was more than twice the legal limit.


Weaver was arrested for drunken driving in November 2002 and November 2004. He pleaded guilty both times.

Former Officer Alberto Perez Arrested on Additional Charges

AVON PARK

Nearly five months after his initial arrest for extortion, former Avon Park police officer Alberto Perez has been arrested on additional charges.

Florida Department of Law Enforcement Resident Agent In Charge Yolanda Carbia said the newest charges, one additional count of extortion and one count of official misconduct, are related to the original investigation.

In the probable cause report dated April 30, FDLE special agent Vaden Pollard describes an event where Perez told a young Hispanic male that he could avoid jail by giving him $300.

This is similar to the allegations Perez was arrested for on Dec. 2, 2008, when he reportedly asked for $200 from a Hispanic male who ran a stop sign. The traffic stop took place April 19, 2008.

"(Perez) told (the victim) the reason for the traffic stop was because he did not completely stop at a stop sign," the December probable cause affidavit said. "(Perez) told him ... just give $200 and no ticket."

Perez's most recent charges also stem from a separate incident in 2008.

"A new lead came in and we researched investigative reports generated by Alberto Perez," Carbia said. "Some leads can't be substantiated but this one we were able to follow through with an arrest warrant. We were able to locate individuals able to give the sworn testimony we needed."

The FDLE worked with the Avon Park Police Department to corroborate the charges, pulling a report from an accident on Main Street and South Lake Avenue on June 28 when a white van was rear-ended by a truck.

"The man paid Perez $300 so he wouldn't be taken to jail," Carbia said.

Perez allegedly switched the names of an uncle and nephew on the accident report to keep the nephew, who had a suspended license, out of jail.

"The officer gave (the witness) his ticket book and told him to go over to his truck, put $300 in the back of the ticket book, and bring the ticket book back to him," the report said.

The uncle had walked to the scene when he was called by his nephew after the accident, and was not in the truck when the accident occurred.

"(The uncle) walked to the crash scene because it was close to his business," the report said.

The woman driving the van testified that she remembered the nephew as the only occupant of the vehicle at the time of the accident, and saw the uncle approaching the crash scene later.

While the uncle was speaking about the accident with the officer, who he later identified as Perez in a photo lineup, he was asked for his license.

When he asked Perez why he wanted it, Perez reportedly responded, "It will help your nephew."

The uncle agreed to give the officer his license, allegedly asking that his information not be placed in a report.

The uncle, nephew and woman driving the van all testified that the uncle was not the driver and was not in the vehicle when the crash occurred.

Perez was charged with extortion, a second degree felony, and official misconduct for allegedly "knowingly" falsifying an official State of Florida crash report.

Perez remains on unpaid leave from his position with the city due to the extortion charges in December.

He was booked into the Highlands County Jail on April 30, and was released two and a half hours later on $6,000 bond.

Former Reserve Officer Eric Evans Charged with Impersonation

BARTLESVILLE

A former reserve police officer has been charged with impersonation after an April incident in which a woman told authorities that a badge-flashing driver tried to pull over her car on U.S. 75.

Eric Dean Evans, 39, was released on his own recognizance this week after appearing in Washington County District Court.

Evans did not enter a plea to the misdemeanor charge, which alleges that he flashed a badge in an attempt to appear to be a law enforcement officer "when he had no authority."

The Bartlesville Police Department fired Evans from his reserve position immediately after investigating reports that he was making unauthorized traffic stops on U.S. 75. Evans had been a reserve officer since October 2007.

Reserve officers serve without pay and must complete 160 hours of training with the Council on Law Enforcement, Education and Training. Evans worked with the department's Patrol Division as a reserve cadet.

According to police, Evans was wearing civilian clothes and driving a private vehicle on April 1 when he allegedly flashed a police badge at a woman who was driving on U.S. 75 near Ramona.

Evans reportedly drove off when a male passenger who had been sleeping in her car sat up.

The driver had not pulled over because she was unsure whether the man was an actual law enforcement officer.

Instead, she called an Oklahoma Highway Patrol dispatcher.

Bartlesville police also received calls from other drivers who encountered similar situations. The investigation was turned over to the Highway Patrol, which has jurisdiction in the case.

Evans is due back in court May 18.

Saturday, May 02, 2009

Judge Wayne Cresap Arrested on Wire Fraud

A onetime New Orleans city attorney who came to prominence after a hard-fought, underdog election for a St. Bernard Parish judgeship in 1999, Wayne Cresap led a quiet life in a parish legendary for its political eccentricities.

He gained a reputation as a jurist who doled out hefty bonds and long jail sentences and as a friend to St. Bernard sheriff's deputies who strongly supported his only competitive election a decade ago.

But before he was vaulted into the public limelight last week after being arrested by the FBI on wire fraud charges, the 62-year-old judge had been a central figure in some of St. Bernard's most far-reaching and controversial lawsuits, court records and interviews show.

His rulings in 2002 and 2003 put him in the middle of the twisted, politically charged fight over the estimated $250 million estate left by Arlene Meraux, the heiress to St. Bernard land baron Joseph Meraux's fortune.

And his behavior at another 2002 hearing relating to a massive case brought against the state by oyster harvesters earned him a rebuke by the Louisiana Supreme Court.

"He was never one to shy away from those controversial type of cases," said longtime Chalmette lawyer John Finckbeiner Jr., who moved his practice to the French Quarter after 2005 but tries numerous cases in St. Bernard's 34th Judicial District. But as a politician, Finckbeiner said, Cresap "was never one of the big social guys."

"He would do things for the community, but he wasn't one to be running to every event and every dinner at the Chamber and the Kiwanis Club, and this fair and that fair."

Parish abuzz

News of Cresap's alleged involvement in a judicial corruption scheme with at least two unnamed lawyers has left St. Bernard's tight-knit legal community at the center of a whirlwind of rumors.

"Of course everybody's kind of shocked that it happened. That's some really strong charges, you know, not only for the judge, but also for the lawyers involved," Chalmette attorney Alan Bouterie said. "It kind of throws a cloud over every lawyer down here. If there's two lawyers out of 40 lawyers down here now practicing actively, that means there's 38 people who have a cloud over them totally unjustified."

According to an FBI affidavit, Cresap allegedly took cash for allowing inmates to be released from the St. Bernard Parish Prison without putting up money for the bond.

The two lawyers, described in the affidavit as "Lawyer A" and "Lawyer B," would take cash from the inmate's family or friends and then split the money with Cresap after the bond was converted. The two lawyers have not been arrested or named, and Cresap was released from Orleans Parish Prison on Monday night on a $100,000 signature bond -- the same type of bond he is accused of rigging for bribes.

Efforts to reach Cresap and his defense attorney, Pat Fanning, were unsuccessful.

Cresap was arrested April 24 and charged based on a criminal complaint, an unusual move. Federal authorities typically seek an indictment from a grand jury and let defendants surrender. But U.S. Attorney Jim Letten said last week that the FBI's arrest came because of concerns that Cresap might harm himself.

Cresap has not worked since April 10, when he took a leave for medical reasons. The district's other judges are handling his caseload.

Uptown upbringing

Unlike many in St. Bernard's small political sphere, Cresap was not born and bred in the suburban parish. He grew up in New Orleans, attended De La Salle High School in Uptown and worked for the city of New Orleans for years, including a stint as an assistant city attorney. He ran unsuccessfully for First City Court judge in New Orleans' Civil District Court in 1980.

Before moving to St. Bernard Parish, he raised some eyebrows in 1981 when he sued Chalmette's Mystic Krewe of Shangri-La, a women's Carnival club, claiming the organization breached a contract that would have let him reign as king during the 1982 Carnival season. He asked for $100,000 for "humiliation and embarrassment."

Judge Melvyn Perez, Cresap's predecessor in Division C, ruled in favor of the krewe. Cresap appealed the decision to the 4th Circuit Court of Appeal, which backed Perez.

Cresap went on to work as a trial lawyer in Chalmette and became active on the board of the St. Bernard chapter of the Alliance for Good Government.

His political ascendancy was aided by Sheriff Jack Stephens, who threw his support behind Cresap in a tight runoff in 1999 against St. Bernard attorney Gregory Noto. Cresap was on Stephens' payroll in the 1990s as legal counsel, and he had represented deputies in other cases as a trial lawyer in St. Bernard.

But Stephens said he supported Cresap because of a groundswell from the rank-and-file in his department.

"He was a real longshot to win; he was a newcomer to politics," Stephens said. "It was actually the deputies that advanced his candidacy, because they were loyal to him."

Cresap, a Democrat, lives in Poydras with his wife. He was re-elected without opposition in 2002 and 2009. His annual base salary, set by the Legislature for district judges across the state, is about $106,300.

Fight over fortune

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For more of the story please visit: http://www.nola.com/news/index.ssf/2009/05/arrested_judge_handled_some_of.html

Officer Scott Wendell Charged with Slamming Handcuffed Man's Head Against Cell Wall

A St. Paul police officer has been accused of slamming a handcuffed man's head against a cell wall during an argument over the officer's stepdaughter.

Forty-five-year-old Scott Wendell of Columbus was charged Friday with third-degree felony assault and put on paid administrative leave.

The criminal complaint says the victim was arrested on an outstanding warrant during a traffic stop. The man also did not have a valid driver's license.

The complaint says Wendell confronted the man after learning his juvenile stepdaughter was in the car during the stop. It says the man, who has not been named, suffered a 4-inch cut to his head and needed 12 stitches.

Wendell's attorney did not return calls for comment.

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http://kstp.com/news/stories/S910579.shtml?cat=206

Deputy David Jacobs Charged with Taking Money from Man he Arrested

CHICKASHA

A former Grady County sheriff's deputy has been charged with two felony counts alleging he took money from a man he arrested.

Former Deputy David Jacobs was arraigned Thursday on charges of embezzlement by a police officer and falsifying an official record. Bond was set at $8,000.

An Oklahoma State Bureau of Investigation affidavit filed in the case indicates a jail security video captured Jacobs counting out money seized from the suspect and putting it in an envelope.

According to the affidavit, Jacobs told investigators he was holding $1,800 as evidence but forgot to book the money and then lost it on his way home. He told investigators he did not "intentionally steal or take any money," the affidavit states.

The affidavit indicates an envelope containing $2,000 was later found in his vehicle.

Sheriff Art Kell fired Jacobs in early March after the allegations first surfaced.

A telephone message left Friday with Jacobs' attorney, John Stuart, was not immediately returned.

Jacobs is scheduled to appear in court June 17 for a preliminary hearing conference.

"I'm tired of having to prosecute cops," said Grady County District Attorney Bret Burns. "Every time you do it affects the whole system.

"We've had to dismiss or plea bargain 20 to 30 cases Jacobs was working on because his credibility has been called into question."

Burns said he will seek prison time for Jacobs.

"I think we should hold on-duty police officers to a a higher standard," Burns said.

Friday, May 01, 2009

Officer Michael Leepper Arrested for Drunk Driving


A Metro police officer is facing charges after he was arrested for operating a vehicle while intoxicated.

An Indiana State Trooper pulled over Michael Leepper of Indianapolis at the I-65 southbound ramp to East Street for an unsafe lane movement at around 2:00 am. Leepper is an officer with the Indianapolis Metropolitan Police Department.

The trooper noticed a strong smell of alcohol in Leepper's vehicle. The trooper conducted an investigation that resulted in Leepper being arrested, and taken to the Marion County Adult Processing Center.

Leepper was driving his personal vehicle at the time of the traffic stop. He faces a Class A misdemeanor of Operating While Intoxicated and Class B misdemeanor of Public Intoxication.

Officer Michael Wooton Accused of Shooting Neighbor's Dog

An off-duty Essex police officer could face charges for shooting his allegedly neighbor’s dog after it tangled with his Pug, state police say.

Michael J. Wootton, 34, an Essex police officer who lives in Waterville, allegedly shot and killed the mixed-breed dog Thursday afternoon.

Police say his Pug went to a neighbor’s property on Phyllis Lane and became involved in a fight with a dog belonging to Melinda Maskell, 28. Wootton returned home, obtained a hand gun and fired one shot into the dog, according to a state police.

Wootton could face charges of cruelty to animals and recklessly endangering another person. An investigation is under way.
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http://www.fox44.net/Global/story.asp?S=10284996

Officer Calvin Schaffer Accused of Offering to Dismiss Case in Exchange for Sex

A Wichita woman secretly recorded conversations with a police officer accused of offering to get a case dismissed in exchange for sex.

According to recently unsealed court documents, Angelique Mason also sent nude pictures of herself from her cell phone to Goddard police officer Calvin Schaffer's (SHAY'-fur) cell phone. The 44-year-old Schaffer had arrested her in February for allegedly driving drunk.

He was charged Wednesday with wire fraud for allegedly sending naked pictures of himself to Mason from a computer at the Goddard Police Department while he was on duty. He no longer works for the department.

Prosecutors claim he offered to help get the case dismissed in exchange for sex.

According to court records, Mason had filed a complaint about Schaffer with the FBI.

Schaffer declined to comment Friday. Mason did not return a message seeking comment.
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http://www.upi.com/Top_News/2009/05/01/Officer-said-to-solicit-sex-from-arrestee/UPI-99421241226033/

Taser Death of Roger Holyfield Quietly Settled


The mother of a teenager who died after being Tased by police officers has quietly settled her wrongful death lawsuit.

Rita Cummings is the mother of Roger Holyfield of Dow, who died at age 17 after a run-in with local police in 2006.

Cummings had a civil suit pending against dispatchers and members of the Jerseyville Police Department, Illinois State Police and the city of Jerseyville after authorities refused to file criminal charges in 2007.

According to Jersey County Circuit Court records, the civil suit was settled earlier this spring.

"They just swept it under the rug," said Rayburn Holyfield, Roger's grandfather. "The two guys that killed him just went on their merry way."

The civil suit alleged that on Oct. 28, 2006, Holyfield was abused by Officers Matt Witt and Todd Wagner of the Jerseyville Police Department, assisted by Officer John Lawson and Trooper Jeff Bridges of the State Police. The defendants allegedly abused Holyfield mentally and physically by shooting him multiple times with a Taser and using forcible restraint when it allegedly was not needed.

The suit claimed that Witt, Wagner, Lawson and Bridges responded that day to the 600 block of South State Street in Jerseyville, where they found Holyfield holding a telephone and a Bible, stating, "I want my mother."

Without sufficient cause, the suit contended, the officers placed Holyfield under arrest, and Holyfield allegedly made no attempts to resist.

The suit alleged that the officers shot Holyfield with Tasers multiple times, even though he was handcuffed and face-down on the ground, and allegedly abused him physically while putting him in a squad car.

After this abuse, the suit claimed, Holyfield began to vomit, and an ambulance was called.

Holyfield died on the way to a St. Louis hospital on Oct. 29, 2006.

Cummings claimed "wrongful death" against the defendants on the grounds that Holyfield suffered severe pain and injury in the incident without just cause or imminent threat of bodily harm toward the officers.

The suit further alleged that the Jerseyville Police Department failed to adequately train or control its dispatchers and officers.

Attorney Mark Niemeyer, who represented Cummings in the suit, could not be reached Friday for comment, nor could attorney Charles Pierce, who represented Jerseyville Police Chief Brad Blackorby.

Robyn Ziegler, a spokeswoman for the Illinois Attorney General's Office, which was the legal representation for the State Police in the civil case, said the two sides settled but that there was no amount of money involved.

"The plaintiff dismissed the suit against the Illinois State Police because they recognized that the State Police had no involvement," Ziegler said.

In November 2007, Wagner and Witt were cleared of criminal responsibility in Holyfield's death.

According to special prosecutor Chuck Colburn of the State's Attorneys Appellate Prosecutor's Office, the officers were not found to have caused Holyfield's death or to have possessed the mental state or recklessness to be held criminally responsible for it.

A number of witnesses, 40 hours of interviews and more than 1,000 pages of reports were taken into account, Colburn said.

The office's findings included:

- A report by St. Louis Chief Deputy Medical Examiner Phillip Burch, who performed the teen's autopsy, that said Holyfield's death was from natural causes as a result of "excited delirium" and not caused by the use of the Tasers; and

- That officers Wagner and Witt were not found to have had the intention to kill or cause great bodily harm to Holyfield and were following proper police procedure when the incident occurred.

After the report came out, the Appellate Prosecutor's Office and Jerseyville Police Department issued statements of sympathy toward Holyfield's family. The Police Department maintained that officers Wagner and Witt followed procedure in the incident.

Holyfield's family then went on with the civil case against the defendants, pursuing compensatory damages, punitive damages, and court costs and fees.

Officer Alberto Perez Arrested for Extortion & Threats


Avon Park Police Officer Alberto Perez was out of jail Friday on a $6,000 bond following his second arrest Thursday for allegations of police misconduct.

Perez, 34, was arrested on warrants charging extortion or threats and official misconduct.

The new charges stem from the original investigation conducted by the Florida Department of Law Enforcement's (FDLE) Sebring field office and the Avon Park Police Department into allegations of police misconduct.

"For us, it's still under the same case, but a new victim and new witnesses," said Yolanda Carbia, resident agent in charge of the Sebring FDLE office.

Perez, an APPD officer since July 2007, was first arrested in December 2008 and charged with one count of extortion or threats. The allegation was that, during an April 19, 2008 traffic stop, the officer told the victim to pay him $200 or get a ticket.

On June 28, 2008, Perez reportedly responded to a two-vehicle accident at the intersection of Main Street and South Lake Avenue in Avon Park, according to the probable cause affidavit.

The driver of a Dodge truck was responsible because he reportedly rear-ended a van with his vehicle. Perez arrived at the accident and took the truck driver's license. The officer told the Hispanic male that his license was invalid and that he could be arrested, the affidavit stated.

"OK, take me to jail," the man reportedly told Perez.

Perez allegedly told the man he could keep him out of jail if he paid the officer $300. The driver then got the money out of his truck and put it in the back of Perez's ticket book, according to the affidavit. The man was released and given a copy of the crash report.

With this second arrest, Carbia hopes that others who may have been victims of this type of extortion will come forward. She said they may fear punishment because, by their paying the officer, they are now involved in his crime.

"I think people are kind of hesitant to come forward," Carbia said.

Perez has been on unpaid administrative leave from the APPD since the first arrest.

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Officer Ernie Miller Accused of Sending Racially Charged Text Message

State police are investigating allegations that a Keyser city police officer sent a local family a racially-charged text message.

Anthony and Samantha Lockett say in February they received a vicious text that threatened their home and their young children.

The Locketts say after they got the text they called the number back and got Officer Ernie Miller.

Investigators say the text was sent from a computer, not from a cell phone.

A spokeswoman for the Keyser Police Department says they're standing behind Officer Miller, and that there's no evidence to substantiate the Locketts' claims.

"I was shocked. I was surprised that anyone could write anything like that because that could be anyone's kids. I think it affects people more who have black kids or biracial kids," Samantha said.

State police say Officer Miller will voluntarily take a lie detector test next week. Anthony Lockett says he would do the same.

Thursday, April 30, 2009

Officer Erik Hanson Arrested for Child Rape

Forks Police Officer Erik A. Hanson, who was arrested Thursday on investigation of second-degree rape -- a felony -- has been charged in Clallam County Superior Court with two counts of communication with a minor for immoral purposes -- a misdemeanor.

Hanson, 33, was arrested Thursday, with the Clallam County Sheriff's Department saying the alleged actions happened while he was off duty.

He was charged Tuesday.

"We're going to charge what we can prove," Clallam County Prosecuting Attorney Deb Kelly said Wednesday.

"If further evidence comes forward that would warrant a greater or lesser charge, that's what we'll do."


Communication with 12-year-old

Clallam County Deputy Prosecuting Attorney Ann Lundwall filed the misdemeanor counts for communication Hanson allegedly had with a 12-year-old girl between June and October of last year.

Hanson waived his right to a speedy arraignment so he could return to Iraq for duty with the Army National Guard.

The Forks man will be arraigned in Clallam County Superior Court on Aug. 28.

Forks Mayor Nedra Reed said that no personnel action has been taken.

"As far as the city is concerned, Officer Hanson is still on active duty with the military," Reed said.

"Any personnel action will be deferred to such time as he has his day in court."

Hanson posted $5,000 bail on Friday.

The court on Tuesday modified Hanson's conditions of release, lifting curfew and travel restrictions, and imposed a one-year sexual assault protection order.

New information filed in the case includes a detective's interview with the 12-year-old girl and e-mail correspondence she had with Hanson.

Court documents

According to court documents:

A three-month investigation by the Clallam County Sheriff's Department Criminal Investigations Bureau uncovered phone records and e-mail exchanges between Hanson and the girl.

Hanson was the arresting officer in a case in which the girl, who is unidentified because of her age and the nature of the charge, was sexually assaulted two years ago.

Casey Shoop, 21, was charged with first degree child rape, first degree kidnapping and second-degree assault. He was booked January 2008, and remains in custody at the Clallam County jail on $100,000 bail.

Hanson was initially asked to patrol the girl's neighborhood because she suffered from anxiety.

The girl told investigators that Hanson became less professional, and that her friends and family became suspicious. She said she already had a bad experience -- and now a police officer was talking the same way.

She told a sheriff's investigator that Hanson hugged her around the waist and kissed her repeatedly when he was off duty and after he had returned from military training in Yakima.

According to phone records in the case file, the victim initiated seven out of 10 calls totaling 217 minutes between June 26, 2008 and July 6, 2008.
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http://www.seattlepi.com/local/6420ap_wa_forks_officer_charged.html

FBI Investigating Case of Alleged Brutality by Lumberton Police

The FBI has opened a civil rights investigation into the death of a man whose family alleges he died because Lumberton police officers beat him.

FBI spokeswoman Shauna Dunlap confirmed the investigation Thursday by phone, but cautioned that opening a case does not mean there was wrong-doing.

``One of the reasons we do confirm these types of investigations is so the community has extra reassurance,'' Dunlap said.

The family of Kevin Jibreel LaDay, 35, alleges that officers beat him to death after his car ran into a ditch in Lumberton.

``They beat my child,'' said Kevin's mother, Sandra LaDay of Port Arthur.Lumberton Police Chief Danny Sullins said by phone Thursday that he ``strongly denies'' that allegation.

``He was not beaten, I'll tell you that right now,'' Sullins said. ``I can tell you that did not occur.''

LaDay was driving in Lumberton when his car ended up in a ditch on the side of Pine Burr.

Police got a call about the car about 3:30 a.m., according to a news release from Sullins.

When two Lumberton officers arrived, they saw LaDay walking from behind the nearby DuPont Goodrich Credit Union.

According to Sullins' release, LaDay ran from the officers.

The officers caught LaDay, and he began to fight them, Sullins said. Officers were able to ``gain control'' of LaDay after a ``lengthy altercation,'' according to Sullins release.

The officers called EMS to the scene and LaDay was transported to Christus St. Elizabeth Hospital where he was pronounced dead.

Two Hardin County Sheriff's deputies were also on the scene after responding to an ``officer in distress'' call, said Sheriff Ed Cain by phone.

``It's not my belief that anyone beat anyone,'' he said.

An autopsy has been ordered.

Sandra LaDay has a different set of facts.

She said her son, who had been living with a sister in Beaumont, called her at 3:47 a.m. to tell her the older model Geo was in the ditch. He had been visiting a friend in Lumberton.

While she was on the phone with him, the police drove up, she said.

``All of a sudden, he said, `don't do that, don't do that,''' LaDay said by phone. ``I said, `who you talking to, baby?' And then the phone just went silent.' ''

LaDay believes that the officers beat Kevin LaDay, causing his death. She has hired onetime Rodney King lawyer Milton Grimes of Los Angeles to represent the family in the lawsuit she plans to file.

LaDay said she also has contacted the Black Panthers, which plans a march in Lumberton on Monday; Al Sharpton; President Barack Obama's administration and the FBI.

The family plans to have a second autopsy done.

``I've been doing the necessary things,'' LaDay said. ``I won't let it go down like this.''
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http://www.chron.com/disp/story.mpl/ap/tx/6402488.html

Hearing Postponed for Officer Anthony Maio


A court hearing on whether to grant a special form of probation to a police officer accused of groping two women was postponed Wednesday, as the city, police union and the officer’s lawyer discuss a potential deal under which he would leave the force.

Officer Anthony Maio, 41, came to court with his wife and several colleagues who might have been called as character witnesses in the 13-year veteran’s application for accelerated rehabilitation, but at the last minute the hearing was postponed until May 26.

In the hallway afterward, Senior Assistant State’s Attorney Eugene Calistro explained that there were still some aspects of the case that needed to be examined. He also indicated that the two alleged victims, in conversations with him and the court victim advocate, had voiced conditions they wanted to have met before they would support accelerated rehabilitation — commonly referred to as A.R. — which would leave Maio without a criminal record if he successfully completes the probation.

“They have set a position, but because it’s a pending case I’m obligated not to disclose it,” said Calistro.

There was an implication, however, that the women’s concerns might be resolved by the ongoing discussions between the city and Maio.

Maoi’s defense attorney, Tim Pothin, said his client and the city are working on the framework of an agreement that he believes is in Maio’s best interest and would “put me in a better position to argue for A.R.”

Maio, of Durham, doesn’t have enough time on the job to retire. Under the union contract, an officer can receive an age annuity pension after 20 years on the force, although officers with as few as 15 years can trade in unused sick time to make up the difference. Maio remains about 1 1/2 years shy of the minimum threshold, but in one recent case involving another officer facing criminal charges, the city and union struck a deal for the detective to serve a one-year unpaid suspension so he could get a pension.

Craig Manemeit, the city’s director of labor relations, wouldn’t say whether the city was considering a similar deal for Maio, but did confirm that the city is “speaking with the union and Maio’s employment counsel and we are trying to come up with a resolution that’s best for all parties.”

Contacted Wednesday afternoon, Calistro said if a deal was struck that would remove Maio from the force, “it may address the conditions that the two young women were looking for.”

Maio is accused of leading the two women, both college students, upstairs while he was on duty and in uniform at an extra duty assignment at Bar, a nightclub at 245 Crown St., and groping them inside an employee bathroom. He faces two counts each of fourth-degree sexual assault and unlawful restraint.

Maio has denied the allegations and has remained on paid administrative leave from the department since his arrest last June.

The department has brought internal charges for departmental violations against Maio but, even if it wanted to, can’t move forward with a disciplinary hearing before the Board of Police Commissioners until the criminal case is adjudicated.

“I can’t hold a hearing,” said Manemeit, referring to Rule 16 of the department manual, which states that if an accused officer is a defendant in a directly related criminal case, the department “shall not hold a hearing to handle the civilian complaint” unless the accused officer agrees, which Maio has not.
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Officer Marcus Lemacks Arrested for Giving Alcohol to Minors


A Leesburg police officer was fired after his arrest for providing alcohol to minors.

Sheriff's Deputies arrested officer Marcus Lemacks on Monday and charged him with three counts of providing alcohol to an underage person.

Investigators say the 38-year old bought and drank beer with three people under the age of 21 on Saturday.

Major Chris Owens said, "We're trying to help protect those people each and everyday. We certainly didn't want one of our own fellow law enforcement officers to be in the middle of something like this."

He was fired from the Leesburg Police Department on Tuesday. He had worked there for a little more than a year.

Former Officer Michael Robinson Charged with Brandishing Gun at Motorist

A former Inglewood police officer was charged Wednesday with child abuse and brandishing a gun at another motorist during a freeway confrontation last year, prosecutors said.

Officer Michael Lewis Robinson, 44, surrendered to the California Highway Patrol on Wednesday and was later released on $100,000 bail.

According to the prosecutor on the case, Robinson was off-duty and driving on the 405 Freeway with his children -- ages 6 and 11 -- when he allegedly flashed a firearm in a threatening manner at another driver. Prosecutors said the confrontation occurred March 31, 2008.

In addition to one count of brandishing a weapon and two counts of child abuse, Robinson was charged with one misdemeanor count of obstructing CHP officers. If convicted, Robinson faces a maximum of nine years in prison, according to the Los Angeles County district attorney's office. He is scheduled to be arraigned May 15.

Police spokesman Lt. Mike McBride said Robinson has not been an employee of the department for about a month, but declined to give details, saying that he could not discuss personnel matters.

John Baca, president of the Inglewood police officers' union, declined to discuss the case.

The 200-strong police force has been besieged in recent years by allegations that its officers used excessive force and shot at unarmed suspects. A Times investigation last December found that officers repeatedly resorted to physical or deadly force against suspects who were unarmed or accused of minor offenses. During a four-month period in 2008, Inglewood officers fatally shot four suspects -- three of whom were unarmed.

The U.S. Department of Justice last month announced that it was launching a civil rights inquiry into the department.
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http://www.mercurynews.com/breakingnews/ci_12256766

Judge Christine McEvoy Held up by Officer During Booking

A prominent judge arrested earlier this month in Lexington for drunken driving was held up by a police officer at her booking because “she was unsteady while walking or standing” after drinking at a 99 pub, according to Concord District Court records.

A high-heeled Superior Court Judge Christine M. McEvoy told Lexington police who stopped her 2007 Audi sedan just after 10:30 p.m. on April 15 she was headed home to Belmont from the 99 Restaurant and Pub in Woburn, where she’d had “a couple glasses of wine,” the arresting officers’ reports state.

But court filings obtained by the Herald yesterday show McEvoy, 58, who has been sitting in civil sessions at Middlesex Superior Court in Woburn, was followed down Route 128 south and onto Route 2A by a concerned Samaritan, who first notified state police about her alleged “erratic” driving, then sought out a Lexington cop to get her off the road.

The Registry of Motor Vehicles has suspended McEvoy’s license for 180 days for refusing a Breathalyzer test. Police reported she also refused to participate in field sobriety tests and wouldn’t even let a cop check her “glassy and bloodshot” eyes with a horizontal gaze nystagmus test because, the officer reported, “she responded that she did not believe in it".

She also told police she’d had hip surgery “and could not balance on one leg.”

McEvoy, who is charged with operating under the influence of alcohol and violating marked lanes, is due back in district court May 8 for a pretrial hearing. Her attorney, William H. Kettlewell, did not return a call yesterday seeking comment. Immediately after her arrest, McEvoy asked Superior Court Chief Justice Barbara J. Rouse to steer her clear of any civil or criminal cases involving drunken driving.

The Lexington officer who followed McEvoy on Waltham Street at the Samaritan’s urging noted in his report he observed her car “swerve within its own travel lane, touch the double yellow center line then at a later point completely cross over the double yellow center line.”

When he first rapped on the Audi’s driver’s window, he said McEvoy “did not react for a few seconds and then opened the door.” Her speech was “slurred,” he said.

McEvoy’s driving history includes three surchargeable accidents since 1994 and a speeding stop in Marshfield in 1991, according to RMV records.

Wednesday, April 29, 2009

Detective Jose Quinoy Accused of Brutalizing 2 People


A veteran Sleepy Hollow police detective pleaded not guilty yesterday to a federal indictment that accuses him of brutalizing two people while they were restrained and handcuffed.

Jose Quinoy, 36, of Tarrytown was arrested by FBI agents from the civil rights division Tuesday night at Sleepy Hollow police headquarters.

He was arraigned yesterday in U.S. District Court in White Plains on two counts of violating the rights of individuals who had been arrested by Sleepy Hollow police.

Assistant U.S. Attorney Cynthia Dunne asked U.S. Magistrate Judge Lisa Margaret Smith to order Quinoy held without bail, saying he was a danger to the community who had tried to intimidate witnesses in the case.

"Detective Quinoy has a long history of being hot-headed and overreacting to incidents," she said.

The village board suspended Quinoy without pay pending a disciplinary hearing.

Quinoy's lawyer, Andrew Quinn, denied that the 11-year member of the Sleepy Hollow police had interfered in the investigation, pointing out that he was not charged with obstruction of justice or witness tampering.

"Why wasn't action taken within the last two and a half years if he was out there intimidating witnesses?" he asked, referring to the time since the first incident in the indictment, the Oct. 17, 2006, alleged beating of Mario Gomez, 50, of Tarrytown.

Gomez is not referred to by name in the indictment. But he has filed a federal civil rights lawsuit against Quinoy and the village over the incident. Gomez said he was called to Sleepy Hollow police headquarters by Quinoy that night. Gomez thought Quinoy had been romancing his 22-year-old daughter. At the police station, Gomez claims, he was assaulted by Quinoy and other officers, that he was kicked and beaten, as well as shocked with a stun gun in his neck and temple for 51 seconds.

Gomez came to the courthouse yesterday with his lawyer, Francis Young, after Quinoy had been arraigned.

"I thought that I was going to die right there on Beekman Avenue," he said, recalling the incident. "I don't wish that on nobody. It is the worst experience of my life."

Gomez's estranged wife, Awilda, has also filed a lawsuit over the incident, saying she was beaten by Quinoy and other cops as she tried to save her husband.

The Gomezes were arrested that night. Mario Gomez was charged with assault, obstructing governmental administration, harassment and resisting arrest. Awilda Gomez was arrested by Quinoy when she returned to the station house to pick up her husband's car after she had sought medical attention. She was charged with obstructing governmental administration and resisting arrest.

The Gomezes are awaiting trial in Greenburgh Town Court. The case has been adjourned several times while the federal investigation was pending, and the couple is due in court May 19. Lucian Chalfen, a spokesman for the Westchester District Attorney's Office, would not say whether prosecutors plan to drop the charges against the couple as a result of Quinoy's indictment.

"I'm very satisfied that justice prevailed and this officer is not going to be able to hurt any other citizens," Gomez said.

The Gomez's lawsuits are two of three civil rights lawsuits pending against Quinoy in federal court. Last week, a 17-year-old village boy, Duanny Lara Mota, filed a lawsuit against Quinoy, Officer Paul Nelson, Police Chief Jimmy Warren and the village. The lawsuit stemmed from an Aug. 24, 2007, incident in which Mota said he was beaten and zapped with a Taser gun by Quinoy and Nelson after he was stopped by police for riding his bicycle on a village sidewalk. Mota, who was 16 at the time of the incident, was charged with resisting arrest and disorderly conduct. But those charges were dismissed in September.

At the time, Mota's lawyer, Jonathan Rice, said the charges might have been dropped by the District Attorney's Office so as not to interfere with the FBI probe of Quinoy. The other officer in the incident, Paul Nelson, had asked the village board in August to pay for his legal expenses after he was subpoenaed to appear before a federal grand jury in White Plains looking into, he believed, the Mota incident.

But the Mota incident was not part of yesterday's indictment. The second incident referred to an unnamed person, alleged to have been assaulted Dec. 17, 2006, by Quinoy after he had been "handcuffed and restained by a police officer, resulting in bodily injury."

Still, Mota's mother said yesterday that she welcomed the federal indictment of Quinoy.

"I've been waiting for a long time for this. I'm happy that they arrest him for everything he do," she said. "He thinks he's bigger than everybody. He thinks that Hispanic people are nothing. He thinks he's bigger because he has a gun."

In Spanish, she added, "He has abused everybody a lot. He thinks he's better than anyone, and especially the Hispanics. He doesn't want to know about Hispanics. I don't know why. It's not that I feel happy for what's happening, because I'm not that way. But in reality, I'm calm, because now I know the teenagers that go into the streets in the summer won't have that problem, because everybody has problems with him. He looks for trouble with them, chastising them, telling them things. I think that justice has been done."

Quinn said yesterday that Quinoy was a victim of being a good at his job.

"When you're an active police officer, you generate people who do not like you," he said. Quinn said after Quinoy's arraignment that he did not know the details of the Dec. 17, 2006, incident. Herbert Hadad, a spokesman for U.S. Attorney Lev Dassin, declined to elaborate on the charge.

Quinoy was released on $100,000 personal bond. He faces up to 20 years if convicted. He was ordered by Smith to surrender all guns, including his service weapons. Quinn said the guns were surrendered at the Sleepy Hollow police station Tuesday night when Quinoy came off patrol to find a half-dozen FBI agents waiting to arrest him.

Quinn decried federal authorities' decision to arrest Quinoy at the police station while he was on duty, saying that he had called Dunne months ago asking to be notified of any charge ahead of time so that he could arrange for Quinoy to surrender at the courthouse.

He said they chose instead to arrest Quinoy at work "for reasons that I cannot fathom."

But Dunne said that decision was made after Quinn called regarding media inquiries about the indictment.

She said what followed was a "2 1/2 -hour negotiation to get him to turn himself in." She said Quinoy was ordered back to police headquarters by his superiors during that time. "He would not comply," she said.

Quinn said that Quinoy had called him and that the lawyer was trying in vain to arrange a surrender at the courthouse or the FBI's White Plains office.

The lawyer said after the arraignment that the timing of Quinoy's arrest was suspect because Quinn is preparing for the May 11 federal trial of another police officer, Yonkers Officer Wayne Simoes, on brutality charges. He also said Gomez was no victim, that he had come to the police station to assault Quinoy and it took three officers to control him. "I strenuously disagree with the word 'victim,' " he said.
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Other Information: http://www.wpix.com/landing/?Detective-Arrested-For-Tasing-Teen-Beati=1&blockID=279087&feedID=1404

Detective Darryl Norris Arrested for Domestic Violence

A family disturbance ended with a Rusk County Sheriff’s deputy arrested and suspended from duty.

Sheriff officials released the information regarding an incident involving investigator Darryl Norris, a detective assigned to the East Texas Auto Theft Task Force.

Amber Rogers, the depart-ment’s public information officer, said deputies responded to a disturbance call at Norris’ home last Friday.

“Upon conclusion of the initial investigation, Norris was detained pending further investigation. Rusk County Sheriff Danny R. Pirtle contacted Texas Ranger Brent Davis and requested that Ranger Davis conduct the continued investigation,” she said.

Rogers said as a result of the Rangers’ investigation, Norris, the former chief deputy under former Sheriff Glenn Deason, was arrested and released after being arraigned for Class “A” misdemeanor assault family violence.

Norris took over as chief deputy for Deason after Daniel Flanagan was arrested for assaulting a handcuffed prisoner.

Rogers said in accordance to the sheriff’s office policy and procedure, Norris has been suspended from his duties pending results of the Rangers’ investigation.
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http://www.news-journal.com/money/content/news/stories/2009/04/30/04302009_Rusk_arrest.html

FBI Receives Complaints of Police Brutality at College Fest

Complaints have been filed at Akron's FBI office regarding College Fest this past weekend.

"I don't know how many complaints they had," said Scott Wilson, a media representative from the Cleveland Bureau. "They did receive a few complaints regarding that incident, but that doesn't mean we'll open any inquiries."

Special Agent Todd Wickerman of the Akron office, which covers Portage County, said he could not go into any details regarding those complaints.

"If we get specific complaints regarding an incident that alleges civil rights were violated, we will investigate," Wickerman said.

Wilson said complaints have to meet certain criteria before they will open a preliminary inquiry.

Once that's done, investigators gather facts to send to their department of justice in Washington D.C. to determine whether it rises to a federal level.

Wilson said his office gets calls and complaints about police brutality all the time. He said there would have to be a civil rights violation in regards to excessive force used in a situation to open an inquiry.

"We investigate individual events," Wilson said. "We're not going to look at the whole thing that happened over the weekend."

Wilson said complaints were filed after Kent's last Halloween celebrations, but the FBI did not open any investigations.

Anyone with complaints after Saturday's riots can contact the Akron FBI office at 330-535-6156.

Officer Talib Muhammad Charged with Domestic Assault

A Philadelphia Police officer is charged in the alleged assault of his fiancee.
On Tuesday night at around 10:00 p.m., Philadelphia Police were called to the 500 block of Waterview Lane for a report of a domestic dispute.

When authorities arrived, they found a woman who appeared to have been slapped, punched, and hit with a handgun. She told police that her fiance was the one who beat her and then he fled the scene.

The woman was transported to Frankford-Torresdale Hospital.

The police were able to track down the fiance on I-95 in the area of Washington Avenue.

The fiance is identified as Talib Muhammad. Muhammad is a 13-year veteran of the Philadelphia Police Narcotics Unit.

He was found in possession of two handguns.

Muhammad was arrested and charged with aggravated assault, simple assault, recklessly endangering another person, and possessing an instrument of crime in the alleged domestic assault.

Officer Erik Hanson of Sexual Misconduct with 12-year-old Girl

A Forks police officer originally accused of child rape has been charged with lesser crimes in the case.

33-year old Erik Hanson was in Clallam County Superior Court yesterday to hear charges of communicating with a minor for immoral purposes.

He was arrested and booked into the county jail late last week for investigation of felony second-degree child rape. The charges filed this week are gross misdemeanors.

Hanson's arrest came after a three-month investigation when a 12-year-old girl made allegations of sexual contact against officer Hanson while he was off duty.

Hanson was serving military duty in Iraq as a member of the National Guard Reserves during the investigation.

Investigators say detailed email correspondence and phone records corroborated the victim's allegations.

When, Hanson was home on military leave last week, he was arrested by Clallam County Sheriff Detectives.

Hanson was released without bail, no travel restrictions or curfew.

Hanson will be arraigned on the charges in August after he waived his right to a speedy arraignment.
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Other Information: http://www.sequimgazette.com/topstory/articleDetail.exm/Index/article/2009-04-29_Forks_officer_booked_for_child_rape/

Two More Detention Workers Charged with Having Sex with Teens

Two more Terrebonne Parish Juvenile Detention Center workers are charged with having sex with teenage inmates and more charges were filed against a lieutenant already accused of the crime.

Deputies also charged a corrections officer with threatening an inmate so she would not cooperate with detectives.

The arrests Tuesday come as more former inmates approach deputies with allegations that they had sex with workers at the Ashland detention center in exchange for privileges such as snacks and free phone calls, said Maj. Malcolm Wolfe of the Sheriff’s Office.

All of the sexual encounters allegedly happened over the past year, he said.

“We’re receiving more information from victims and victims’ parents and by word of mouth,” he said. “These girls are not in any shape or form connected, and their statements are consistent about how it took place.”

As more girls come forward, more arrests are likely, Wolfe said.

All of the corrections officers are employees of Terrebonne Parish government, which operates the juvenile detention center.

Deputies charged Angelo Vickers, 47, 390 Monarch Drive, Houma, Tuesday with an additional count of molestation of a juvenile and malfeasance in office.

Vickers was charged Thursday with two counts each of molestation and malfeasance after two former inmates of the detention center, both teen girls, informed deputies of their alleged contact with him.

The additional charge was added Tuesday after a 15-year-old girl who was a former inmate told deputies she had sex with Vickers in exchange for privileges, deputies said.

Vickers is being held at the Terrebonne Parish jail in lieu of a $400,000 bond.

Deputies also arrested Floyd Wesley Howard, 40, 1317 Division Ave., Houma, on charges of carnal knowledge of a juvenile and three counts of indecent behavior with a juvenile. Howard is a sergeant at the center, deputies said.

Darwin Jamal Brown, 23, 159 Elmira Court, Thibodaux, a corrections officer at the center, was charged with malfeasance in office, molestation of a juvenile and three counts of indecent behavior with a juvenile.

Brown and Howard were arrested after deputies interviewed three 16-year-old inmates who said they had sex with them while incarcerated at the center, deputies said. Both workers are being held at the Terrebonne Parish jail in lieu of $200,000 bond.

Deputies also arrested Tiffany Denin Blakemore, 36, 3600 Friendswood Drive, Houma, a corrections officer at the center, for allegedly threatening one of the teenage inmates not to cooperate with detectives in the investigation.

Blakemore was charged with obstruction of justice and remains at the Terrebonne Parish jail on $50,000 bond.
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More Information:
Officer accused of having sex with girls at detention center

Former Deputy Kenneth Cannon Arrested for Stalking

A former Dawson County Sheriff's Office deputy found himself on the opposite end of the law last Friday afternoon when he was arrested in Murrayville on charges of aggravated stalking, computer invasion of privacy and impersonation of an officer.

Kenneth Cannon, 40, reportedly acted as though he was a Georgia State Patrol trooper last month, and violated a temporary protection order in the process, when he allegedly attempted to run a computer check on his ex-wife's tag number.

“Mr. Cannon had supposedly called a dispatch center in Banks County and ran the tag number,” said Major Mike Ramsey of the Lumpkin County Sheriff's Office. “When he called the dispatch center he identified himself as a Georgia State Patrol trooper. Of course he's not identified with the Georgia State Patrol.”

After further investigations, Lumpkin County officers were able to trace this call to the 911 center back to the Murrayville resident's phone.

“We confirmed that the call had been made from his cellular phone from a location in Lumpkin County,” said Ramsey.

Cannon is a United States Marine and a veteran law enforcement official who worked at the Dawson County Sheriff's Office until reportedly resigning in February of this year.

Prior to his arrest, local deputies had received several unconfirmed reports throughout the month of March that Cannon had attempted to contact his ex-wife, a Lumpkin County resident, on several occasions despite a court-issued protective order.

Last Friday, Cannon's arrest caused a minor stir in Murrayville as Lanier Elementary School was placed on lock-down while the apprehension occurred in the nearby parking lot of the local library.

Officers from the Hall County Sheriff's Office reportedly requested the lock-down as a precautionary measure in the event that Cannon had been armed.

However, the arrest was made peacefully and without incident. Cannon was then turned over to the LCSO and transported to the Lumpkin County Detention Center.

Howard County Officer Disciplined in Brutality Case

Howard County's police chief said Tuesday that an internal investigation into a brutality accusation in the arrest of a man who led officers on a highway chase last year has been completed and resulted in disciplinary action and retraining.

Chief William McMahon said the internal affairs investigation into the Nov. 20 arrest of Jessup resident Stephen Zombro is closed. The chief declined to discuss details of the findings or the disciplinary actions taken, citing department policy on confidentiality of personnel matters.

"We looked at the incident from beginning to end," McMahon said. "Some disciplinary action was taken and there was some retraining. That's as far I can go with it."

Police spokeswoman Sherry Llewellyn said the investigation was completed at the end of March.

The chase began in Jessup when officers tried to serve Zombro with a warrant on a theft charge. Driving a white pickup truck, Zombro fled west on Route 32, colliding with two police cruisers along the way that were part of a rolling roadblock. Police used stop-sticks to flatten three tires on Zombro's truck, which came to a stop near U.S. 29.

Several officers converged on Zombro after he exited the truck. TV news video footage showed Zombro face down on the road and what appears to be an officer repeatedly punching him in the back.

McMahon later said the footage "concerned" him, and he called for an internal investigation.

Zombro, 41, was indicted on more than a dozen charges. On Monday, he pleaded guilty to two counts of second-degree assault and two counts of malicious destruction of property and was sentenced to 18 months in the Howard County Detention Center. He also was ordered to pay restitution of $2,500 for damage to the cruisers.
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http://www.explorehoward.com/news/61520/police-discipline-officer-accused-brutality-arrest/

Trooper Alexander Richardson Only Gets Community Service for Using his Car to Stop Man

Two years to the day after an S.C. trooper was captured on video using his patrol car to bump a running suspect, a federal judge on Tuesday approved a deal that will allow the trooper to perform community service and serve no prison time.

If he had gone to trial, Lance Cpl. Alexander Richardson could have faced up to a year in prison. Instead, he will perform about 100 hours of community service.

In January, Richardson was accused of a misdemeanor offense of violating Kevin Rucker's civil rights by using excessive force. An April 28, 2007, video shot from his patrol car dashboard camera shows the trooper chasing a black man through a Columbia apartment complex. The 46-year-old trooper drives between buildings, on sidewalks and past onlookers - including a small child - in an attempt to run down the man.

Richardson, who is also black, has said he accidentally bumped into Rucker, and records show he was reprimanded and completed a stress management course. He has been suspended since the investigation began, and his trial had been scheduled to begin next month.

Richardson was not in court Tuesday, but his attorney said he was pleased with the agreement.

"I appreciate the U.S. Attorney working with us," John O'Leary said after a brief hearing Tuesday. "We're working on the program for him."

Under the pretrial diversion program administered by the U.S. Probation Office, Richardson is videotaping safety messages to school, community and law enforcement groups, according to O'Leary.

During the program, which is expected to last 18 months, Richardson also will not be allowed to work as a law officer, a job that O'Leary said his client does not want to return to anyway.

Also Tuesday, prosecutors agreed to officially withdraw their complaint against Richardson, although Assistant U.S. Attorney Kevin McDonald said his office could renew the charges if Richardson fails to complete the program.

Richardson still faces a federal lawsuit from the man struck with his vehicle. Last year, Kevin Rucker filed a suit seeking unspecified actual and punitive damages, alleging he was hit by the car three times.

Rucker's attorney did not immediately return a phone message Tuesday afternoon.
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http://www.greenvilleonline.com/article/20090429/NEWS/904290346/1001/NEWS01
YouTube video:
http://www.youtube.com/watch?v=7VjbAxCHgmU

Tuesday, April 28, 2009

Hearing for Officer Mark Maupin Set for July

A veteran Altamonte Springs police officer who is accused of seriously injuring two people last November after losing control of his patrol car did not appear in court this morning.

Instead, a lawyer was present on his behalf.

The hearing was to address the traffic citations that were issued to Officer Mark Maupin by the Florida Highway Patrol. Last month Maupin was issued a six-point ticket for unlawful speed. He does not face any criminal charges.

Lawyers for the two victims, Jennifer Hernandez and Erskin Bell, asked the judge to push back the hearing. A new hearing was set for July 7 at 11 a.m.

Investigative reports show that Maupin hit the back passenger side of Jennifer Hernandez's four-door Honda Civic at 104 mph. Hernandez, now 20, was hospitalized for several days. Her passenger, Erskin Bell, 20, remains in a coma from injuries he suffered in the crash.

Hernandez and Bell's lawyers planned to file a motion this morning to ask for a judge to be appointed to the case and request an investigation by the State Attorney's Office.

The motion states that the Florida Highway Patrol never interviewed Hernandez about the crash and that neither victim was notified of any charges against Maupin, nor were they notified of today's hearing.

Hernandez was stopped at a red light in the left turn lane on Maitland Boulevard near Bear Lake Road on Nov. 30 when they were hit.

Altamonte Springs police have not been able to determine why Maupin was driving at such a high speed at that time. Police spokesmen have said Maupin did not notify dispatchers of his actions immediately prior to the crash.

Troopers could not prove or disprove whether Maupin was taking law-enforcement action at the time, FHP spokeswoman Sgt. Kim Miller said.

Maupin, a 28-year department veteran, had been reprimanded six times for accidents involving his patrol vehicle since he began working for the department.

The discipline includes a 1992 incident in which he was caught driving his cruiser 82 mph with his lights off in the middle of the night on State Road 436 that was "intended as a joke on the person operating the radar," according to police records.

The day he returned to work following the crash, he was reprimanded for insubordination and his police powers were taken from him. An internal investigation by the police department was launched.