A Cambridge man has filed a complaint with Massachusetts state police accusing three troopers of brutality during a traffic stop in Watertown last month.
Twenty-five-year-old Michael Dodd says he had to go to a hospital to get treatment for a broken wrist and multiple abrasions and contusions after he posted bail at the state police barracks in Brighton on April 29.
Dodd says he was on his way home after working late at his family's restaurant when a trooper pulled him over for a cracked tail light. He says two more troopers arrived, and he claims the three officers beat him with their feet, fists and flashlights.
State police officials say Dodd had to be subdued because he became combative. Authorities say they stand behind the troopers, but they are investigating the incident.
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http://wbztv.com/massachusettswire/22.0.html?type=local&state=MA&category=n&filename=MA--PoliceComplaint.xml
Sunday, May 10, 2009
Deputy Kevin Duke Arrested for Possessing Child Porn
A Kenner police detective's race to find a 13-year-old girl he thought was about to be molested ended in the arrest of a reserve East Baton Rouge Parish sheriff's deputy.
It turned out the girl did not even exist. Instead, police say, the deputy himself was going online and pretending to be that girl, even sending out nude photos of her. The reserve deputy, Kevin R. Duke, 51, of Greenwell Springs, was arrested on charges of possessing child pornography.
Detective Rob McGraw with the Kenner Police Department says officers arrested a different man on a charge of computer-aided solicitation of a minor. That man, he says, was allegedly using his computer web camera to broadcast live images of himself masturbating. The man thought he was showing that camera image to an underage girl, McGraw said.
When they arrested the man in that particular case, McGraw says the man confessed that he had also been chatting online with a 13-year-old girl in Baton Rouge who had sent him nude pictures of herself. McGraw said he immediately began searching for that girl. "We thought we were trying to find a real little girl to save her from being molested," the detective said. Detectives say they determined the photographs of that 13-year-old girl were being sent from Duke's home in Greenwell Springs, just outside Baton Rouge.
When detectives arrived at the home, they say Duke admitted that he was going online pretending to be a 13-year-old girl and sending out nude pictures of a girl in that age range. Following his arrest, Duke's commission as a volunteer reserve deputy was immediately revoked and his badge was seized, said East Baton Rouge Parish Sheriff's Office spokeswoman Casey Hicks. Investigators say the reserve deputy confessed to both sending and receiving child porn using his home computer.
Deputies say they found more than a dozen images of child pornography on Duke's home computer. "Approximately 15 images of child pornography," the investigator said in the report. "The images depicted juveniles between the approximate age of 7-13 engaging in sexual activity. During an interview of the accused, he admitted possessing, sending and receiving images of child pornography."
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Video: Child porn arrest - Kevin Duke
It turned out the girl did not even exist. Instead, police say, the deputy himself was going online and pretending to be that girl, even sending out nude photos of her. The reserve deputy, Kevin R. Duke, 51, of Greenwell Springs, was arrested on charges of possessing child pornography.
Detective Rob McGraw with the Kenner Police Department says officers arrested a different man on a charge of computer-aided solicitation of a minor. That man, he says, was allegedly using his computer web camera to broadcast live images of himself masturbating. The man thought he was showing that camera image to an underage girl, McGraw said.
When they arrested the man in that particular case, McGraw says the man confessed that he had also been chatting online with a 13-year-old girl in Baton Rouge who had sent him nude pictures of herself. McGraw said he immediately began searching for that girl. "We thought we were trying to find a real little girl to save her from being molested," the detective said. Detectives say they determined the photographs of that 13-year-old girl were being sent from Duke's home in Greenwell Springs, just outside Baton Rouge.
When detectives arrived at the home, they say Duke admitted that he was going online pretending to be a 13-year-old girl and sending out nude pictures of a girl in that age range. Following his arrest, Duke's commission as a volunteer reserve deputy was immediately revoked and his badge was seized, said East Baton Rouge Parish Sheriff's Office spokeswoman Casey Hicks. Investigators say the reserve deputy confessed to both sending and receiving child porn using his home computer.
Deputies say they found more than a dozen images of child pornography on Duke's home computer. "Approximately 15 images of child pornography," the investigator said in the report. "The images depicted juveniles between the approximate age of 7-13 engaging in sexual activity. During an interview of the accused, he admitted possessing, sending and receiving images of child pornography."
______________________
Video: Child porn arrest - Kevin Duke
Former Officer Benjamin Roberson Found Guilty of Teen Rape
A former Greenville police officer has been found guilty of the sexual battery of a 14-year-old girl who became pregnant.
The verdict against 26-year-old Benjamin Roberson was returned by a Washington County Circuit Court jury late Friday afternoon. A sentencing date hasn't been set.
Roberson was arrested in July 2007. He responded to a call from the child's mother that her daughter had run away. Roberson assisted in locating the juvenile and transported the then 14-year-old to the police department where she was booked.
The sexual act occurred when Roberson was transporting the teenager back home.
After he was arraigned on the sexual battery charge, Roberson was fired from his job.
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Information from: Delta Democrat Times, http://www.ddtonline.com
The verdict against 26-year-old Benjamin Roberson was returned by a Washington County Circuit Court jury late Friday afternoon. A sentencing date hasn't been set.
Roberson was arrested in July 2007. He responded to a call from the child's mother that her daughter had run away. Roberson assisted in locating the juvenile and transported the then 14-year-old to the police department where she was booked.
The sexual act occurred when Roberson was transporting the teenager back home.
After he was arraigned on the sexual battery charge, Roberson was fired from his job.
_________________________
Information from: Delta Democrat Times, http://www.ddtonline.com
Former Deputy Jemal Barker Arrested for Raping Inmate
East Baton Rouge sheriff's detectives have arrested a former deputy for allegedly raping a parish prison inmate.
Sheriff's officials say Jemal Barker, 40, of Denham Springs will be charged with aggravated rape and malfeasance in office by sexual misconduct.
Barker allegedly forcibly raped an inmate on Sunday using his stun gun as a weapon.
A fellow deputy notified the administration of the alleged abuse.
An investigation was conducted, and the deputy was fired prior to his arrest.
Officials say Barker had been employed with sheriff's office since October 2007.
He was assigned as a shift corporal in security at the parish prison.
Sheriff's officials say Jemal Barker, 40, of Denham Springs will be charged with aggravated rape and malfeasance in office by sexual misconduct.
Barker allegedly forcibly raped an inmate on Sunday using his stun gun as a weapon.
A fellow deputy notified the administration of the alleged abuse.
An investigation was conducted, and the deputy was fired prior to his arrest.
Officials say Barker had been employed with sheriff's office since October 2007.
He was assigned as a shift corporal in security at the parish prison.
---------------------------
Saturday, May 09, 2009
Allen Ray Files Lawsuit Against Howard County Jail for Using Excessive Force
A south Arkansas man has filed a federal lawsuit against a state trooper, arguing that the officer infringed on his free speech rights and used excessive force.
According to the lawsuit, Allan Ray went to the Howard County jail in Nashville to post bond for an employee who'd been arrested April 28, 2007. While sitting with his wife and the employee in the waiting area, Ray reportedly said, "The badge weighs heavy on some of these young troopers," according to the lawsuit.
The lawsuit claims that Trooper John Lynch was so offended that he arrested Ray on suspicion of disorderly conduct and public intoxication. Ray's attorney claims that his client was not drunk, and that the trooper also used pepper spray on Ray.
The Arkansas Attorney General's Office, which is representing Lynch, declined to comment on the suit.
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More information: http://www.texarkanagazette.com/news/localnews/2009/05/10/area-man-files-lawsuit-against-state-tro-80.php
According to the lawsuit, Allan Ray went to the Howard County jail in Nashville to post bond for an employee who'd been arrested April 28, 2007. While sitting with his wife and the employee in the waiting area, Ray reportedly said, "The badge weighs heavy on some of these young troopers," according to the lawsuit.
The lawsuit claims that Trooper John Lynch was so offended that he arrested Ray on suspicion of disorderly conduct and public intoxication. Ray's attorney claims that his client was not drunk, and that the trooper also used pepper spray on Ray.
The Arkansas Attorney General's Office, which is representing Lynch, declined to comment on the suit.
--------------------------
More information: http://www.texarkanagazette.com/news/localnews/2009/05/10/area-man-files-lawsuit-against-state-tro-80.php
Officer Dale Horn Ordered to Remain in Jail for Violating Protective Order
Town of Lancaster Police Officer Dale R. Horn was ordered to remain jailed without bail Friday for allegedly violating an order of protection granted to his estranged wife.
State Supreme Court Justice Deborah C. Haendiges issued the ruling following a bail hearing on Horn’s April 22 arrest. He was ordered to remain in custody pending a June 8 jury hearing that he and his attorney, Richard J. Sherwood, requested in the criminal contempt case.
Prosecutor Karen A. Korkuc said Horn, who also spent 31 days in jail following an initial contempt arrest last December, has been in custody since his arrest in the parking lot of the Elks Lodge on Legion Drive in Lancaster at about 4:30 p. m. April 22.
Korkuc also played for the judge a recording of an allegedly menacing telephone call made by Horn more than a month ago to his estranged wife’s workplace.
Suspended from the police force since last August, Horn, a 28- year police veteran, faces a jail term of up to four years if convicted of four criminal complaints lodged against him since late last year, Korkuc said.
Horn, 52, is accused of violating a series of stay-away orders that Haendiges issued on behalf of his estranged wife.
On Friday, Capt. Timothy Murphy, head of the Lancaster Police detective bureau, testified about arresting Horn in the Elks Lodge parking lot.
Murphy testified that police had been alerted that the estranged wife would be attending a function in the lodge that afternoon and set up a patrol to see if Horn would show up.
Murphy testified that Horn pulled into the parking lot the first time at about 3:30 p. m. April 22 but drove off after spotting him in an unmarked police car. The detective also noted he has known Horn since they were in high school together years ago.
Horn was arrested when he returned to the parking lot an hour later, Murphy said.
State Supreme Court Justice Deborah C. Haendiges issued the ruling following a bail hearing on Horn’s April 22 arrest. He was ordered to remain in custody pending a June 8 jury hearing that he and his attorney, Richard J. Sherwood, requested in the criminal contempt case.
Prosecutor Karen A. Korkuc said Horn, who also spent 31 days in jail following an initial contempt arrest last December, has been in custody since his arrest in the parking lot of the Elks Lodge on Legion Drive in Lancaster at about 4:30 p. m. April 22.
Korkuc also played for the judge a recording of an allegedly menacing telephone call made by Horn more than a month ago to his estranged wife’s workplace.
Suspended from the police force since last August, Horn, a 28- year police veteran, faces a jail term of up to four years if convicted of four criminal complaints lodged against him since late last year, Korkuc said.
Horn, 52, is accused of violating a series of stay-away orders that Haendiges issued on behalf of his estranged wife.
On Friday, Capt. Timothy Murphy, head of the Lancaster Police detective bureau, testified about arresting Horn in the Elks Lodge parking lot.
Murphy testified that police had been alerted that the estranged wife would be attending a function in the lodge that afternoon and set up a patrol to see if Horn would show up.
Murphy testified that Horn pulled into the parking lot the first time at about 3:30 p. m. April 22 but drove off after spotting him in an unmarked police car. The detective also noted he has known Horn since they were in high school together years ago.
Horn was arrested when he returned to the parking lot an hour later, Murphy said.
Ryan Smith Tasered After he Refused to Give DNA Sample
Ryan S. Smith refused a judge’s order last fall to give a DNA sample, insisting to police that he didn’t care what court papers said.
“You are gonna have to Taser me if you want my DNA,” an officer reported Smith saying.
So police did just that, jolting Smith with electricity before swabbing the inside of his mouth.
Now the judge in the case wants to know why.
“This isn’t pretty,” Niagara County Court Judge Sara Sheldon Sperazza told lawyers involved in the case during a recent court appearance. “I’m fearful of how he’s been treated.”
Sperazza ordered several Niagara Falls police officers and an assistant district attorney to appear in her court Monday and provide sworn testimony to explain how Smith came to be shocked by a Taser on Sept. 29, 2008.
According to police records obtained by The Buffalo News, officers involved had been told by superiors to “use any means necessary” to collect the sample.
Criminal and civil attorneys say that Smith had a constitutional right to refuse the DNA request.
The judge could have ordered Smith jailed until he gave the sample, the lawyers said, but police and prosecutors had no legal authority to force him to provide one.
“If someone refuses to give their DNA, then they can be held in contempt and be held in jail until they comply,” said Patrick Balkin of Lockport, Smith’s defense lawyer.
Balkin said he never heard of anyone in the nation collecting a DNA sample using a Taser.
“It’s the worse thing I’ve ever seen,” he said. “You don’t even see people in a Third World country treated like this.”
After the DNA sample was obtained and tested, a grand jury last December handed up a 24-count indictment against Smith, 21, of Niagara Falls, in relation to a shooting and a gas station robbery. The indictment includes multiple counts of robbery, burglary, kidnapping, assault and criminal use of a firearm, as well as single counts of resisting arrest and menacing.
The last two charges accuse Smith of pointing a gun at a Niagara Falls police officer who responded to the robbery at a Sunoco gas station in the city on Dec. 24, 2006.
Smith also is accused in the July 27, 2006, shooting of Joseph Harris in the victim’s Niagara Falls home.
Smith’s DNA profile was on file in a state criminal justice databank because he had been jailed for two incidents that took place in 2005.
Sperazza granted him youthful- offender status in those cases.
Smith had responded to an order by Sperazza to provide a new DNA sample last August, before the latest cases landed him in Niagara County Court, but that sample was lost. After that, the court order for another new sample was obtained.
On Sept. 29, Niagara Falls Detectives Jim Galie and Frank Coney located Smith on Niagara Street and told him they needed to swab the inside his mouth for DNA, but Smith “was being uncooperative,” according to a report filed by Officer George W. McDonell.
McDonell responded to the call with Capt. David LeGault and Warrant Officer Bill Gee.
On the way to Police Headquarters, Smith said, “Man, this is messed up. I already gave them my DNA. I’m not giving it up again,” McDonell reported.
Once at headquarters, Smith told Officer Ryan G. Warme, “You are gonna have to Taser me if you want my DNA. I don’t care what the [court] paper says,” according to the police incident report.
Then Smith was taken to the Crime Scene Unit, where Officer Jason Sykes was to take the swab. When Smith again refused, Galie, Coney, Sykes, Warme and McDonell tried to reason with him, McDonell said.
“I ain’t giving up my DNA again, I already gave it up once,” Smith reportedly said. “I’ll sit in jail, I ain’t giving it up again. You’re going to have to taze me.”
Galie then contacted Detective Lt. William Thomson and Assistant District Attorney Doreen M. Hoffmann, McDonell reported.
“It was relayed the officers could use any means necessary to secure the sample,” he wrote.
At that point, McDonell used a Taser to apply a “drive stun” to Smith’s left shoulder. After that, he wrote, Smith complied with the order to provide his DNA.
According to his lawyer, Smith was handcuffed and on the floor when he was Tasered, and was rendered unconscious for a short time. He barely recalls the DNA being taken.
“You get pretty disoriented when you get hit by 50,000 volts,” Balkin said.
After the sample was taken, Smith was charged with second- degree contempt for failure to obey a court mandate.
On the report, the section where officers are asked if the suspect was read his Miranda rights has a check in the box marked “No.”
In any case in which a Taser is used, Niagara Falls officers are required to file a “use of force” form.
On Monday, Balkin plans to call all of the officers involved to testify except Warme, who has been jailed and suspended from his job since FBI agents charged him in October with wire fraud, conspiracy to distribute crack cocaine and other charges.
Balkin said he also plans to call Hoffmann to the witness stand.
“I’d like to give [Hoffmann] some credit in this case. I sure can’t picture any district attorney thinking that they would use a Taser,” Balkin said.
Hoffmann told The News that she will offer a very different version of what happened that day than Smith did.
“You are gonna have to Taser me if you want my DNA,” an officer reported Smith saying.
So police did just that, jolting Smith with electricity before swabbing the inside of his mouth.
Now the judge in the case wants to know why.
“This isn’t pretty,” Niagara County Court Judge Sara Sheldon Sperazza told lawyers involved in the case during a recent court appearance. “I’m fearful of how he’s been treated.”
Sperazza ordered several Niagara Falls police officers and an assistant district attorney to appear in her court Monday and provide sworn testimony to explain how Smith came to be shocked by a Taser on Sept. 29, 2008.
According to police records obtained by The Buffalo News, officers involved had been told by superiors to “use any means necessary” to collect the sample.
Criminal and civil attorneys say that Smith had a constitutional right to refuse the DNA request.
The judge could have ordered Smith jailed until he gave the sample, the lawyers said, but police and prosecutors had no legal authority to force him to provide one.
“If someone refuses to give their DNA, then they can be held in contempt and be held in jail until they comply,” said Patrick Balkin of Lockport, Smith’s defense lawyer.
Balkin said he never heard of anyone in the nation collecting a DNA sample using a Taser.
“It’s the worse thing I’ve ever seen,” he said. “You don’t even see people in a Third World country treated like this.”
After the DNA sample was obtained and tested, a grand jury last December handed up a 24-count indictment against Smith, 21, of Niagara Falls, in relation to a shooting and a gas station robbery. The indictment includes multiple counts of robbery, burglary, kidnapping, assault and criminal use of a firearm, as well as single counts of resisting arrest and menacing.
The last two charges accuse Smith of pointing a gun at a Niagara Falls police officer who responded to the robbery at a Sunoco gas station in the city on Dec. 24, 2006.
Smith also is accused in the July 27, 2006, shooting of Joseph Harris in the victim’s Niagara Falls home.
Smith’s DNA profile was on file in a state criminal justice databank because he had been jailed for two incidents that took place in 2005.
Sperazza granted him youthful- offender status in those cases.
Smith had responded to an order by Sperazza to provide a new DNA sample last August, before the latest cases landed him in Niagara County Court, but that sample was lost. After that, the court order for another new sample was obtained.
On Sept. 29, Niagara Falls Detectives Jim Galie and Frank Coney located Smith on Niagara Street and told him they needed to swab the inside his mouth for DNA, but Smith “was being uncooperative,” according to a report filed by Officer George W. McDonell.
McDonell responded to the call with Capt. David LeGault and Warrant Officer Bill Gee.
On the way to Police Headquarters, Smith said, “Man, this is messed up. I already gave them my DNA. I’m not giving it up again,” McDonell reported.
Once at headquarters, Smith told Officer Ryan G. Warme, “You are gonna have to Taser me if you want my DNA. I don’t care what the [court] paper says,” according to the police incident report.
Then Smith was taken to the Crime Scene Unit, where Officer Jason Sykes was to take the swab. When Smith again refused, Galie, Coney, Sykes, Warme and McDonell tried to reason with him, McDonell said.
“I ain’t giving up my DNA again, I already gave it up once,” Smith reportedly said. “I’ll sit in jail, I ain’t giving it up again. You’re going to have to taze me.”
Galie then contacted Detective Lt. William Thomson and Assistant District Attorney Doreen M. Hoffmann, McDonell reported.
“It was relayed the officers could use any means necessary to secure the sample,” he wrote.
At that point, McDonell used a Taser to apply a “drive stun” to Smith’s left shoulder. After that, he wrote, Smith complied with the order to provide his DNA.
According to his lawyer, Smith was handcuffed and on the floor when he was Tasered, and was rendered unconscious for a short time. He barely recalls the DNA being taken.
“You get pretty disoriented when you get hit by 50,000 volts,” Balkin said.
After the sample was taken, Smith was charged with second- degree contempt for failure to obey a court mandate.
On the report, the section where officers are asked if the suspect was read his Miranda rights has a check in the box marked “No.”
In any case in which a Taser is used, Niagara Falls officers are required to file a “use of force” form.
On Monday, Balkin plans to call all of the officers involved to testify except Warme, who has been jailed and suspended from his job since FBI agents charged him in October with wire fraud, conspiracy to distribute crack cocaine and other charges.
Balkin said he also plans to call Hoffmann to the witness stand.
“I’d like to give [Hoffmann] some credit in this case. I sure can’t picture any district attorney thinking that they would use a Taser,” Balkin said.
Hoffmann told The News that she will offer a very different version of what happened that day than Smith did.
Friday, May 08, 2009
Officer Eric Piotrowski Arrested for Falsely Claiming He Earned a Silver Star
A Cal Expo police officer was arrested by the FBI Friday on charges of falsely claiming he earned a Silver Star for gallantry in combat 18 years ago during Operation Desert Storm and then lying to FBI agents when confronted eight weeks ago.
Eric Gene Piotrowski, who is charged under the so-called Stolen Valor Act, made an initial appearance Friday before U.S. Magistrate Judge Dale A. Drozd, who ordered him released on a $10,000 unsecured bond.
Piotrowski, 41, bought the medal and certificate via the Internet in 2007, and created a citation on a personal computer, according to a sworn FBI affidavit in support of a criminal complaint.
The Marine veteran told family and friends he received the medal and certificate in the mail after requesting a copy of his military records, FBI Special Agent Mark Burgeson wrote in the affidavit.
Without his knowledge, Piotrowski's family arranged for California Department of Veterans Affairs Undersecretary Roger Brautigan to come to his Elk Grove home on an evening in 2007 and formally present the medal to him, according to the affidavit and JP Tremblay, deputy secretary of the department.
News of the presentation later appeared on the cover of the department's newsletter, and skeptical veterans urged the FBI to investigate.
Created in 1932, the Silver Star is the nation's third highest military decoration. Only the Medal of Honor and the Distinguished Service Cross are higher.
"It's the first time we've had anything like this happen," said Tremblay, speaking for the Veterans Affairs Department. "It insults those who really did earn these citations, and it's disheartening to all veterans and those of us who work with them."
The citation cites Piotrowski for "conspicuous gallantry" while leading his platoon, navigating for the battalion and controlling "supporting arms well forward of the lead elements throughout Operation Desert Storm." It says "he exposed himself to direct enemy fire" while providing cover for a team maneuvering to destroy an Iraqi tank.
"By his bold leadership, wise judgment, and complete dedication to duty, Cpl. Piotrowski reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service," the citation concludes.
Piotrowski forged the signature of Secretary of the Navy Henry L. Garrett III on it, according to the affidavit.
The Veterans Affairs newsletter reported that Brautigan "joined an excited and proud family in their home to surprise Piotrowski."
"I was deeply moved while reading Eric's citation …," the newsletter quoted Brautigan as saying.
Tremblay said Piotrowski's story was made more believable by the fact he was in the Marine Corps and did serve in the Middle East.
But Piotrowski, after first insisting he was entitled to the Silver Star when he was interviewed by FBI agents on March 17, confessed in a second interview on March 20 that he was back in the United States when Desert Storm commenced and "did not encounter any hostile action," according to Burgeson's affidavit.
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http://www.redding.com/news/2009/may/08/federal-agents-arrest-sacramento-area-police-offic/
Eric Gene Piotrowski, who is charged under the so-called Stolen Valor Act, made an initial appearance Friday before U.S. Magistrate Judge Dale A. Drozd, who ordered him released on a $10,000 unsecured bond.
Piotrowski, 41, bought the medal and certificate via the Internet in 2007, and created a citation on a personal computer, according to a sworn FBI affidavit in support of a criminal complaint.
The Marine veteran told family and friends he received the medal and certificate in the mail after requesting a copy of his military records, FBI Special Agent Mark Burgeson wrote in the affidavit.
Without his knowledge, Piotrowski's family arranged for California Department of Veterans Affairs Undersecretary Roger Brautigan to come to his Elk Grove home on an evening in 2007 and formally present the medal to him, according to the affidavit and JP Tremblay, deputy secretary of the department.
News of the presentation later appeared on the cover of the department's newsletter, and skeptical veterans urged the FBI to investigate.
Created in 1932, the Silver Star is the nation's third highest military decoration. Only the Medal of Honor and the Distinguished Service Cross are higher.
"It's the first time we've had anything like this happen," said Tremblay, speaking for the Veterans Affairs Department. "It insults those who really did earn these citations, and it's disheartening to all veterans and those of us who work with them."
The citation cites Piotrowski for "conspicuous gallantry" while leading his platoon, navigating for the battalion and controlling "supporting arms well forward of the lead elements throughout Operation Desert Storm." It says "he exposed himself to direct enemy fire" while providing cover for a team maneuvering to destroy an Iraqi tank.
"By his bold leadership, wise judgment, and complete dedication to duty, Cpl. Piotrowski reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service," the citation concludes.
Piotrowski forged the signature of Secretary of the Navy Henry L. Garrett III on it, according to the affidavit.
The Veterans Affairs newsletter reported that Brautigan "joined an excited and proud family in their home to surprise Piotrowski."
"I was deeply moved while reading Eric's citation …," the newsletter quoted Brautigan as saying.
Tremblay said Piotrowski's story was made more believable by the fact he was in the Marine Corps and did serve in the Middle East.
But Piotrowski, after first insisting he was entitled to the Silver Star when he was interviewed by FBI agents on March 17, confessed in a second interview on March 20 that he was back in the United States when Desert Storm commenced and "did not encounter any hostile action," according to Burgeson's affidavit.
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http://www.redding.com/news/2009/may/08/federal-agents-arrest-sacramento-area-police-offic/
Trooper Michael Studin Fined for Speeding 133mph
A Vermont State Police trooper has paid a $1,000 fine for driving at an excessive speed while on duty last October, according to the office of the state's Attorney General.
A state police investigation recently concluded trooper Michael Studin drove an unmarked, high performance vehicle on Interstate 91 in the town of Rockingham on Oct. 29, 2008.
He was clocked at 133 mph while on duty, but not responding to an emergency at the time.
Assistant Attorney General John Treadwell said the office was asked to review the initial investigation to make a determination on how to proceed.
The Vermont Attorney General's Office issued Studin a ticket for the maximum statutory penalty.
"This certainly suggests that people driving at excessive speeds will be held accountable," said Treadwell. "Clearly, there are reasons why (troopers) may need to respond to emergencies at high speeds," he said, but the law states it is only in these crisis situations.
"Law enforcement officers by law are authorized to exceed the speed limit on duty; however this exemption did not apply in this case," said Public Safety Commissioner Thomas R. Tremblay in a statement. "The speed that I witnessed in this matter was extremely unsafe and the trooper's judgment was not in line with the high standards expected of a Vermont state trooper."
A normal fine on a speeding ticket for traveling 133 mph in a posted 65 mph zone on the highway is $638.
"Trooper Studin has been held accountable and has accepted responsibility for his actions; he has my full support as he works to put this mistake behind him," said Tremblay. "In our country, more law enforcement officers are killed in traffic crashes than by armed adversaries. The safety of our troopers and the traveling public is obviously a high priority in our important public safety mission."
In a press statement from the state police, the VSP requested the Attorney General's office to conduct an investigation, and concurred with the issuing of a Vermont traffic complaint.
"While Vermont law allows police to exceed maximum speed limits, those exemptions did not apply in this case. The trooper's actions during this incident did not conform to the core values expected of a Vermont state trooper," said Major John Filipek, commander of the Field Force Division, in the press release.
The speeding ticket was paid Friday.
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http://www.boston.com/news/local/vermont/articles/2009/05/08/vt_trooper_fined_1000_for_133_mph_trip/
A state police investigation recently concluded trooper Michael Studin drove an unmarked, high performance vehicle on Interstate 91 in the town of Rockingham on Oct. 29, 2008.
He was clocked at 133 mph while on duty, but not responding to an emergency at the time.
Assistant Attorney General John Treadwell said the office was asked to review the initial investigation to make a determination on how to proceed.
The Vermont Attorney General's Office issued Studin a ticket for the maximum statutory penalty.
"This certainly suggests that people driving at excessive speeds will be held accountable," said Treadwell. "Clearly, there are reasons why (troopers) may need to respond to emergencies at high speeds," he said, but the law states it is only in these crisis situations.
"Law enforcement officers by law are authorized to exceed the speed limit on duty; however this exemption did not apply in this case," said Public Safety Commissioner Thomas R. Tremblay in a statement. "The speed that I witnessed in this matter was extremely unsafe and the trooper's judgment was not in line with the high standards expected of a Vermont state trooper."
A normal fine on a speeding ticket for traveling 133 mph in a posted 65 mph zone on the highway is $638.
"Trooper Studin has been held accountable and has accepted responsibility for his actions; he has my full support as he works to put this mistake behind him," said Tremblay. "In our country, more law enforcement officers are killed in traffic crashes than by armed adversaries. The safety of our troopers and the traveling public is obviously a high priority in our important public safety mission."
In a press statement from the state police, the VSP requested the Attorney General's office to conduct an investigation, and concurred with the issuing of a Vermont traffic complaint.
"While Vermont law allows police to exceed maximum speed limits, those exemptions did not apply in this case. The trooper's actions during this incident did not conform to the core values expected of a Vermont state trooper," said Major John Filipek, commander of the Field Force Division, in the press release.
The speeding ticket was paid Friday.
-----------------------------------
http://www.boston.com/news/local/vermont/articles/2009/05/08/vt_trooper_fined_1000_for_133_mph_trip/
Detective Eugene Magwood Accused of Giving False Information
The State Law Enforcement Division on Thursday arrested a nine-year veteran of the Charleston County sheriff's office and accused him of forging a witness' lineup document and giving false information to the 9th Circuit solicitor's office about a 2006 rape case.
Detective Eugene Magwood, 54, of Johns Island, is charged with common law misconduct in office, a crime with a maximum penalty of 10 years in jail, said Mark Plowden, public information officer for the S.C. attorney general's office.
Magwood, who has been an investigator since 2001, was released on a personal recognizance bond and placed on administrative leave with pay, sheriff's Maj. John Clark said.
An arrest affidavit said Magwood provided false information in the form of a photo lineup. The accusation is that he forged a witness' signature or initials, Plowden said.
The affidavit said that in pre-trial meetings, "Magwood did knowingly and willfully provide false information to an Assistant Solicitor and an investigator for the Solicitor's Office regarding the investigation and the accompanying investigative report."
Citing the ongoing nature of the state's investigation, Plowden and Clark wouldn't reveal more details. Clark said the sheriff's office spotted discrepancies and reported them to solicitors and SLED.
"We did not like what we saw," Clark said.
Ninth Circuit Solicitor Scarlett Wilson, through a spokesman, declined to comment on the case because it involves solicitors who could be called as witnesses. It is not clear how, if it all, the arrest will affect the 2006 rape case or any other cases Magwood investigated.
Magwood could not be reached for comment. He had first been employed by the sheriff's office as a detention officer in 1998 and became a deputy in 2000, Clark said.
Officer Kimberly Whyley Being Sued for Breaking 88-year-old Mans Arm
An 88-year-old Kansas City, Missouri, man says a female cop broke his arm, and now he's suing the tiny Northland city of Oakview, population 387, for $5 million.
Oakview police officer Kimberly Whyley, 38, faces misdemeanor assault charges in the incident, which was captured on her patrol car's dash-cam. But for Theresa Forte, wife of alleged victim Phillip Forte, the criminal charge isn't enough.
"The policeman who brought him (Phillip) home was nice," said Theresa Forte. "And he said 'I had nothing to do with this now, Mrs. Forte'."
Theresa, who has been married to Phillip for 66 years, says she barely recognized him when he came home on February 12th.
"Well I saw Phil, full of blood and I said what happened?" said Theresa. "I thought he had an accident."
Phillip Forte is at a rehab center being treated because of a broken arm that Theresa says he suffered in the incident.
According to the lawsuit, Officer Whyley pulled the man over on North Oak Trafficway for driving with no headlights in the dark. The lawsuit alleges that Forte took his foot off the brake while his car was in neutral, causing the vehicle to roll backwards and accidentally hit the officer in her car while she was writing a ticket and causing Whyley to become enraged.
But Whyley's attorney, Bill Shull, contends that Forte was resisting arrest.
"Do you think she overreacted?," asked Shull. "I've seen the camera from the police car, I don't think she did."
Shull says that Forte resisted and fought Whyley while she kept telling him to turn over. Shull also says that Forte was driving on a suspended license and had been in an accident just an hour earlier in nearby Gladstone.
Theresa Forte says her husband isn't the fighting type, but that she is.
"I could've gone up there and knocked the hell out of her, that's my reaction," said Theresa.
Officer Whyley is on paid leave pending the outcome of the criminal case.
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http://www.kctv5.com/news/19407056/detail.html
Oakview police officer Kimberly Whyley, 38, faces misdemeanor assault charges in the incident, which was captured on her patrol car's dash-cam. But for Theresa Forte, wife of alleged victim Phillip Forte, the criminal charge isn't enough.
"The policeman who brought him (Phillip) home was nice," said Theresa Forte. "And he said 'I had nothing to do with this now, Mrs. Forte'."
Theresa, who has been married to Phillip for 66 years, says she barely recognized him when he came home on February 12th.
"Well I saw Phil, full of blood and I said what happened?" said Theresa. "I thought he had an accident."
Phillip Forte is at a rehab center being treated because of a broken arm that Theresa says he suffered in the incident.
According to the lawsuit, Officer Whyley pulled the man over on North Oak Trafficway for driving with no headlights in the dark. The lawsuit alleges that Forte took his foot off the brake while his car was in neutral, causing the vehicle to roll backwards and accidentally hit the officer in her car while she was writing a ticket and causing Whyley to become enraged.
But Whyley's attorney, Bill Shull, contends that Forte was resisting arrest.
"Do you think she overreacted?," asked Shull. "I've seen the camera from the police car, I don't think she did."
Shull says that Forte resisted and fought Whyley while she kept telling him to turn over. Shull also says that Forte was driving on a suspended license and had been in an accident just an hour earlier in nearby Gladstone.
Theresa Forte says her husband isn't the fighting type, but that she is.
"I could've gone up there and knocked the hell out of her, that's my reaction," said Theresa.
Officer Whyley is on paid leave pending the outcome of the criminal case.
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http://www.kctv5.com/news/19407056/detail.html
Thursday, May 07, 2009
Trooper Barry Jacob Rowland Accused of Repeatedly Kicking Woman
HENRYETTA
A state trooper who was captured on video kicking a handcuffed woman faces a misdemeanor assault and battery charge.
Trooper Barry Jacob E. Rowland, 32, of Bixby has been placed on paid administrative leave pending the outcome of the charge against him, Oklahoma Highway Patrol Capt. Chris West said.
Rowland has been a trooper since May 2006.
He was charged March 3 in Okmulgee County District Court. He is accused of repeatedly kicking Dana Michelle Walls, 32, of Tulsa on Nov. 21 while she lay handcuffed on the ground outside Carolina's Trail Club in Henryetta.
Calls to Rowland and his attorney, Gary James, were not returned.
District Attorney Tom Giulioli said Walls didn't file a complaint against Rowland. The charge stems from allegations made by other officers who responded to a call for assistance at the club that night.
The Highway Patrol oversaw the investigation, which includes statements from other troopers and Henryetta and Dewar police officers.
Giulioli said video from Rowland's patrol car and another trooper's vehicle shows Rowland kicking Walls in the chest at least three times.
Rowland claims that Walls spit on him and was drunk. Walls is charged in Okmulgee County District Court with public intoxication and placing bodily fluid on an officer.
Walls told The Oklahoman that she doesn't recall how many times Rowland kicked her, but she woke up in the county jail the next morning with large bruises.
"I didn't file a complaint because I figured I wasn't the first person this had happened to," she said. "I doubt I'll be the last. Besides, he's a cop. I figured nothing would probably happen if I did" file a complaint.
She said she didn't spit on Rowland but remembers him asking her several times on the way to jail why she did it.
"I kept telling him, 'I didn't spit on you,' " Walls said.
Giulioli said the video doesn't show Walls spitting on Rowland.
West would not release the patrol video to The Oklahoman, saying it is part of an ongoing investigation.
If convicted of the misdemeanor assault, Rowland could face as much as 90 days in jail and be fined as much as $1,000.
If Walls is convicted of spitting on Rowland, a felony, she could be sentenced to as much as five years in prison.
Giulioli said there are strict statutes protecting law enforcement officers.
"It may not seem fair, but I'm not the one that makes the laws," he said. "Take that up with the state Legislature."
Walls spent nearly a week in the county jail before posting $250 bond. Jail officials have no record of Rowland being booked into jail, although Giulioli said he should have been.
A state trooper who was captured on video kicking a handcuffed woman faces a misdemeanor assault and battery charge.
Trooper Barry Jacob E. Rowland, 32, of Bixby has been placed on paid administrative leave pending the outcome of the charge against him, Oklahoma Highway Patrol Capt. Chris West said.
Rowland has been a trooper since May 2006.
He was charged March 3 in Okmulgee County District Court. He is accused of repeatedly kicking Dana Michelle Walls, 32, of Tulsa on Nov. 21 while she lay handcuffed on the ground outside Carolina's Trail Club in Henryetta.
Calls to Rowland and his attorney, Gary James, were not returned.
District Attorney Tom Giulioli said Walls didn't file a complaint against Rowland. The charge stems from allegations made by other officers who responded to a call for assistance at the club that night.
The Highway Patrol oversaw the investigation, which includes statements from other troopers and Henryetta and Dewar police officers.
Giulioli said video from Rowland's patrol car and another trooper's vehicle shows Rowland kicking Walls in the chest at least three times.
Rowland claims that Walls spit on him and was drunk. Walls is charged in Okmulgee County District Court with public intoxication and placing bodily fluid on an officer.
Walls told The Oklahoman that she doesn't recall how many times Rowland kicked her, but she woke up in the county jail the next morning with large bruises.
"I didn't file a complaint because I figured I wasn't the first person this had happened to," she said. "I doubt I'll be the last. Besides, he's a cop. I figured nothing would probably happen if I did" file a complaint.
She said she didn't spit on Rowland but remembers him asking her several times on the way to jail why she did it.
"I kept telling him, 'I didn't spit on you,' " Walls said.
Giulioli said the video doesn't show Walls spitting on Rowland.
West would not release the patrol video to The Oklahoman, saying it is part of an ongoing investigation.
If convicted of the misdemeanor assault, Rowland could face as much as 90 days in jail and be fined as much as $1,000.
If Walls is convicted of spitting on Rowland, a felony, she could be sentenced to as much as five years in prison.
Giulioli said there are strict statutes protecting law enforcement officers.
"It may not seem fair, but I'm not the one that makes the laws," he said. "Take that up with the state Legislature."
Walls spent nearly a week in the county jail before posting $250 bond. Jail officials have no record of Rowland being booked into jail, although Giulioli said he should have been.
Dog Owner Upset After Police Shoot His Dog
The Bartlesville police department is taking heat from a dog owner whose pit bull was killed yesterday.
The owner says police shot and killed the dog as it was running away. Police disagree. And, finding out what really happened could be hard to do.
The only thing agreed upon about this story is that it's about a dead dog. Whether or not he should have wound up that way is highly debatable.
The sidewalk is still stained with a blood trail that leads straight to controversy. Police Chief Tom Holland and dog owner Demetrius Morales have a tale of one dog from two different views.
Moose was a five-month-old pit bull, similar in color to one of Demetrius's other pits. Yesterday, Moose got out of the house, after which cops were called.
"Several neighbors were yelling be careful, he's vicious," Chief Holland says.
"My neighbors over here told them that dog's not aggressive, we play with him every day," says Demetrius.
Holland says the dog turned and came at both of the responding officers.
"Out of concern for their own safety, officers drew their weapons and the officer shot the dog in the shoulder," Holland says.
"Do you believe the officer?"
"No, I do not believe that officer," Morales said. "I have never showed my dogs how to be aggressive and they're not aggressive."
Holland says the department believes no police procedures were violated. But now, the controversial death of Moose might end up in court, where two views of what's right will be argued next.
"Get this officer either disciplined or he's gonna at least admit 'Okay I was wrong'," says Morales.
"Both of these are good officers," Holland says. "They did the right thing."
The controversy doesn't end there. Morales is upset that his dog's body was taken to the landfill. He says he wanted to bury his dog himself.
The owner says police shot and killed the dog as it was running away. Police disagree. And, finding out what really happened could be hard to do.
The only thing agreed upon about this story is that it's about a dead dog. Whether or not he should have wound up that way is highly debatable.
The sidewalk is still stained with a blood trail that leads straight to controversy. Police Chief Tom Holland and dog owner Demetrius Morales have a tale of one dog from two different views.
Moose was a five-month-old pit bull, similar in color to one of Demetrius's other pits. Yesterday, Moose got out of the house, after which cops were called.
"Several neighbors were yelling be careful, he's vicious," Chief Holland says.
"My neighbors over here told them that dog's not aggressive, we play with him every day," says Demetrius.
Holland says the dog turned and came at both of the responding officers.
"Out of concern for their own safety, officers drew their weapons and the officer shot the dog in the shoulder," Holland says.
"Do you believe the officer?"
"No, I do not believe that officer," Morales said. "I have never showed my dogs how to be aggressive and they're not aggressive."
Holland says the department believes no police procedures were violated. But now, the controversial death of Moose might end up in court, where two views of what's right will be argued next.
"Get this officer either disciplined or he's gonna at least admit 'Okay I was wrong'," says Morales.
"Both of these are good officers," Holland says. "They did the right thing."
The controversy doesn't end there. Morales is upset that his dog's body was taken to the landfill. He says he wanted to bury his dog himself.
Detention Officer Jillian Lybarger Charged with Prostitution
PHOENIX
A 23-year-old Maricopa County Sheriff's Office detention officer has been arrested by Phoenix police and charged with prostitution in connection with a second wave of arrests in the Desert Divas case, said Sheriff Joe Arpaio.
Jillian Lybarger was placed on administrative leave shortly after Wednesday's arrest, Arpaio said.
She was booked into the Fourth Avenue Jail and was released on her own recognizance.
A 23-year-old Maricopa County Sheriff's Office detention officer has been arrested by Phoenix police and charged with prostitution in connection with a second wave of arrests in the Desert Divas case, said Sheriff Joe Arpaio.
Jillian Lybarger was placed on administrative leave shortly after Wednesday's arrest, Arpaio said.
She was booked into the Fourth Avenue Jail and was released on her own recognizance.
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Corrections Officer Ronald Martin Charged with Sexually Abusing Inmate
A correction officer at Franklin County Jail was charged Thursday with sexually abusing a female inmate.
Ronald S. Martin, 36, of St. Regis Falls was charged with second-degree sexual abuse and official misconduct.
State Police say the abuse occurred on April 10, while he was working as a correction officer at the County Jail and the woman was incarcerated there.
Sheriff Jack Pelkey said he suspended Martin without pay on April 30 and asked the State Police to conduct an investigation, which ended in the arrest Thursday.
The sheriff was careful with his comments so as not to jeopardize the investigation, but said two other women being held at the jail had complained about Martin’s actions toward the 24-year-old female.
“Two female inmates approached a guard and said something’s going on with a guard and another female,” said Pelkey.
“They thought his behavior was inappropriate for a correction officer and didn’t think it was right what he was doing to the other female.”
Pelkey said he could not elaborate on what Martin is accused of doing, saying only that it was alleged “sexual contact” with the woman.
If a woman is in jail, she cannot legally give consent to any sexual act, the sheriff noted.
Martin has been employed by the county since March 31, 2000, first as a per-diem correction officer and then a full-time employee as of Aug. 3, 2001, according to the county Personnel Office.
He was released without bail and is to appear in Town of Malone Court at 9 a.m. next Thursday.
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http://www.blogger.com/post-create.g?blogID=20294250
Ronald S. Martin, 36, of St. Regis Falls was charged with second-degree sexual abuse and official misconduct.
State Police say the abuse occurred on April 10, while he was working as a correction officer at the County Jail and the woman was incarcerated there.
Sheriff Jack Pelkey said he suspended Martin without pay on April 30 and asked the State Police to conduct an investigation, which ended in the arrest Thursday.
The sheriff was careful with his comments so as not to jeopardize the investigation, but said two other women being held at the jail had complained about Martin’s actions toward the 24-year-old female.
“Two female inmates approached a guard and said something’s going on with a guard and another female,” said Pelkey.
“They thought his behavior was inappropriate for a correction officer and didn’t think it was right what he was doing to the other female.”
Pelkey said he could not elaborate on what Martin is accused of doing, saying only that it was alleged “sexual contact” with the woman.
If a woman is in jail, she cannot legally give consent to any sexual act, the sheriff noted.
Martin has been employed by the county since March 31, 2000, first as a per-diem correction officer and then a full-time employee as of Aug. 3, 2001, according to the county Personnel Office.
He was released without bail and is to appear in Town of Malone Court at 9 a.m. next Thursday.
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http://www.blogger.com/post-create.g?blogID=20294250
Former Deputy Charles Grady Jr Pleaded No Contest to Peeking at Womans Breast
FORT LAUDERDALE
It was the deputy's fixation with women's breasts that was his undoing.
It cost him his job. It cost him his state law-enforcement certification. And now it has cost him two misdemeanor convictions on his criminal record.
Former Broward Sheriff's Deputy Charles E. Grady Jr. pleaded no contest Thursday to accusations that he ogled women's breasts after traffic stops last year.
Abiding by the terms of a negotiated plea deal, County Court Judge Mary Rudd Robinson sentenced Grady to two years' probation and ordered that he undergo psychological evaluation.
Grady, 39, resigned from the Sheriff's Office on April 1, two days after prosecutors filed two misdemeanor battery charges related to incidents reported during drunken-driving traffic stops last September and December.
As required for the plea deal, Grady relinquished his state law-enforcement certification April 6. He had been with the agency for 12 years and worked with the DUI task force.
Looking thin, pale and downcast, Grady left the courtroom without comment Thursday after sentencing.
In court, prosecutor David Schulson recounted Grady's actions during the traffic stops.
He said that on Sept. 19, Grady was called out by another deputy to give a field sobriety test to a 38-year-old old Boca Raton woman after she was pulled over about 3 a.m. near the Solid Gold strip club where she worked as a dancer.
When Grady took her to a holding cell, Schulson said, Grady pulled her shirt away from her chest and stared at her breasts.
On Dec. 19, when Grady stopped a 20-year-old Coral Springs woman at 2:45 a.m., Schulson said, Grady reached through her open car window and pulled on her bra strap to jiggle her breasts.
The woman in the September incident attended the hearing. To protect her identity, the Sun Sentinel is not publishing her name.
Outside court, she said it was scary to have been taken advantage of by someone in authority.
"I do have a fear that there are more victims out there, but who didn't come forward," she said.
Each of the first-degree misdemeanors could have carried a maximum penalty of a year in jail.
"The primary goal was to remove him from law enforcement not only in the state of Florida, but throughout the country," Schulson said.
The guilty convictions on Grady's criminal record should ensure that, Schulson said.
Former Officer Jack Comeaux Accused of Choking Teen Unconscious
The former Rosebud police officer accused of choking a teenage boy to unconsciousness during a traffic stop has been released from the Falls County Jail on $5,000 bail.
Jack Comeaux, 61, was arrested Tuesday on a charge of aggravated assault by a public servant in connection with the Jan. 17 incident. He posted bail the same day.
Texas Rangers had confirmed in March that an investigation was under way into Comeaux’s actions at the traffic stop.
Rosebud Police Chief Tim Wells had said that at 12:30 a.m. Jan. 17, Comeaux responded to a call for backup from a Texas Department of Public Safety trooper who had encountered a truck with a blown tire north of Rosebud. The truck’s occupants told the trooper they had been assaulted during a fight earlier in the night, Wells had said.
Comeaux ordered the 17-year-old driver to remove his hands from his pockets, and the teen refused. Wells said the officer then choked him into unconsciousness. Comeaux later told Wells that he believed the teen had a gun in his pocket, Wells said.
The DPS trooper’s dashboard camera recorded the exchange.
Comeaux resigned from the department after the incident.
Comeaux told the Tribune-Herald that the video didn’t begin recording early enough to capture the teen’s growing belligerence.
Comeaux insisted the teen was not hurt, that he never lost consciousness and that the hold he used to pin the teen against the vehicle was a tactical restraint that applied no pressure to the teen’s neck.
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http://www.kwtx.com/home/headlines/44528747.html
Jack Comeaux, 61, was arrested Tuesday on a charge of aggravated assault by a public servant in connection with the Jan. 17 incident. He posted bail the same day.
Texas Rangers had confirmed in March that an investigation was under way into Comeaux’s actions at the traffic stop.
Rosebud Police Chief Tim Wells had said that at 12:30 a.m. Jan. 17, Comeaux responded to a call for backup from a Texas Department of Public Safety trooper who had encountered a truck with a blown tire north of Rosebud. The truck’s occupants told the trooper they had been assaulted during a fight earlier in the night, Wells had said.
Comeaux ordered the 17-year-old driver to remove his hands from his pockets, and the teen refused. Wells said the officer then choked him into unconsciousness. Comeaux later told Wells that he believed the teen had a gun in his pocket, Wells said.
The DPS trooper’s dashboard camera recorded the exchange.
Comeaux resigned from the department after the incident.
Comeaux told the Tribune-Herald that the video didn’t begin recording early enough to capture the teen’s growing belligerence.
Comeaux insisted the teen was not hurt, that he never lost consciousness and that the hold he used to pin the teen against the vehicle was a tactical restraint that applied no pressure to the teen’s neck.
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http://www.kwtx.com/home/headlines/44528747.html
Officer Evan Fardanesh Arrested for Drunk Driving and Battery
FOLSOM, CA
A Folsom police officer was arrested for suspected drunken driving and battery stemming from an altercation at a Mexican restaurant Saturday night.
Officer Evan Fardanesh, 34, was at the Mexquite restaurant on Blue Ravine Road when he got into an argument with a female patron, according to police spokeswoman Michelle Beattie. The patron called police to say Fardanesh had shoved her and when officers arrived they found Fardanesh trying to drive out of the parking lot.
Fardanesh was arrested with a blood alcohol content of .19 percent, more than double the legal limit. Officers also charged him with battery based on the complaint from the female patron.
Restaurant manager Claudia Vasquez witnessed the altercation and told News10 she was surprised it resulted in a criminal charge. But Beattie said it was not a judgment call made by the responding officers.
"No matter how minor or major, if the allegation of battery is made we are obligated to take the arrest if a citizen insists upon it," Beattie said.
Fardanesh has been with the Folsom Police Department for nine years and has been placed on paid administrative leave pending an internal affairs investigation. The criminal complaint has been forwarded to the Sacramento District Attorney.
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A Folsom police officer was arrested for suspected drunken driving and battery stemming from an altercation at a Mexican restaurant Saturday night.
Officer Evan Fardanesh, 34, was at the Mexquite restaurant on Blue Ravine Road when he got into an argument with a female patron, according to police spokeswoman Michelle Beattie. The patron called police to say Fardanesh had shoved her and when officers arrived they found Fardanesh trying to drive out of the parking lot.
Fardanesh was arrested with a blood alcohol content of .19 percent, more than double the legal limit. Officers also charged him with battery based on the complaint from the female patron.
Restaurant manager Claudia Vasquez witnessed the altercation and told News10 she was surprised it resulted in a criminal charge. But Beattie said it was not a judgment call made by the responding officers.
"No matter how minor or major, if the allegation of battery is made we are obligated to take the arrest if a citizen insists upon it," Beattie said.
Fardanesh has been with the Folsom Police Department for nine years and has been placed on paid administrative leave pending an internal affairs investigation. The criminal complaint has been forwarded to the Sacramento District Attorney.
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Retired Detective Antonio Buonanno Accused of Threatening His Daughter with Knife
A retired Cranston police detective is accused of threatening his 27-year-old daughter with a butcher knife.
Antonio Buonanno pleaded not guilty Thursday in District Court to a misdemeanor charge of domestic disorderly conduct.
A Cranston police report said Buonanno was having an argument with his daughter, Christine, at their home in Cranston and that Buonanno “pulled out a butcher’s knife” and threatened the woman.
The report said that a few minutes later, “Buonanno put on his shoulder gun holster and taunted Christine” in a hallway.
Police said Buonanno had a pistol tucked into the back of his pants.
Christine Buonnano told NBC 10 that her father didn’t threaten her and that “it’s a resolved issue between me and the family.“
Buonanno can be prosecuted without his daughter’s cooperation.
Deborah DeBare, the executive director of the Rhode Island Coalition Against Domestic Violence, said she is outraged by the use of a misdemeanor charge in cases like this.
“Unfortunately, it’s very common in domestic violence cases for first charges to result in a filing, which doesn’t even show up as a conviction on someone’s record,“ DeBare said.
DeBare said the coalition has been trying for several years to compel the General Assembly to include the domestic disorderly conduct charge penalties included in the stiffer mandatory penalities for domestic violence charges.
But sources tell NBC 10 that defense attorneys, the legislature and the American Civil Liberities Union oppose the legislation.
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http://www.wpri.com/dpp/news/local_news/local_wpri_warwick_retired_cranston_sergeant_anthony_buonanno_charged_20090507_nek
Antonio Buonanno pleaded not guilty Thursday in District Court to a misdemeanor charge of domestic disorderly conduct.
A Cranston police report said Buonanno was having an argument with his daughter, Christine, at their home in Cranston and that Buonanno “pulled out a butcher’s knife” and threatened the woman.
The report said that a few minutes later, “Buonanno put on his shoulder gun holster and taunted Christine” in a hallway.
Police said Buonanno had a pistol tucked into the back of his pants.
Christine Buonnano told NBC 10 that her father didn’t threaten her and that “it’s a resolved issue between me and the family.“
Buonanno can be prosecuted without his daughter’s cooperation.
Deborah DeBare, the executive director of the Rhode Island Coalition Against Domestic Violence, said she is outraged by the use of a misdemeanor charge in cases like this.
“Unfortunately, it’s very common in domestic violence cases for first charges to result in a filing, which doesn’t even show up as a conviction on someone’s record,“ DeBare said.
DeBare said the coalition has been trying for several years to compel the General Assembly to include the domestic disorderly conduct charge penalties included in the stiffer mandatory penalities for domestic violence charges.
But sources tell NBC 10 that defense attorneys, the legislature and the American Civil Liberities Union oppose the legislation.
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http://www.wpri.com/dpp/news/local_news/local_wpri_warwick_retired_cranston_sergeant_anthony_buonanno_charged_20090507_nek
Correction Officer Ronald Martin Charged with Sexually Abusing Inmate
A correction officer at Franklin County Jail was charged Thursday with sexually abusing a female inmate.
Ronald S. Martin, 36, of St. Regis Falls was charged with second-degree sexual abuse and official misconduct.
State Police say the abuse occurred April 10, while Martin was working as a correction officer at the County Jail and the woman was incarcerated there.
Sheriff Jack Pelkey said he suspended Martin without pay April 30 and asked the State Police to conduct an investigation, which ended in the arrest Thursday.
The sheriff was careful with his comments so as not to jeopardize the investigation but said two other women being held at the jail had complained about Martin's actions toward the 24-year-old female.
"Two female inmates approached a guard and said something's going on with a guard and another female," Pelkey said.
"They thought his behavior was inappropriate for a correction officer and didn't think it was right what he was doing to the other female."
Pelkey said he could not elaborate on what Martin is accused of doing, saying only that it was alleged "sexual contact" with the woman.
If a woman is in jail, she cannot legally give consent to any sexual act, the sheriff noted.
Martin has been employed by the county since March 31, 2000, first as a per-diem correction officer and then as full-time employee as of Aug. 3, 2001, according to the Franklin County Personnel Office.
He was released without bail and is to appear in Malone Town Court at 9 a.m. next Thursday.
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http://www.wcax.com/Global/story.asp?S=10324658
Ronald S. Martin, 36, of St. Regis Falls was charged with second-degree sexual abuse and official misconduct.
State Police say the abuse occurred April 10, while Martin was working as a correction officer at the County Jail and the woman was incarcerated there.
Sheriff Jack Pelkey said he suspended Martin without pay April 30 and asked the State Police to conduct an investigation, which ended in the arrest Thursday.
The sheriff was careful with his comments so as not to jeopardize the investigation but said two other women being held at the jail had complained about Martin's actions toward the 24-year-old female.
"Two female inmates approached a guard and said something's going on with a guard and another female," Pelkey said.
"They thought his behavior was inappropriate for a correction officer and didn't think it was right what he was doing to the other female."
Pelkey said he could not elaborate on what Martin is accused of doing, saying only that it was alleged "sexual contact" with the woman.
If a woman is in jail, she cannot legally give consent to any sexual act, the sheriff noted.
Martin has been employed by the county since March 31, 2000, first as a per-diem correction officer and then as full-time employee as of Aug. 3, 2001, according to the Franklin County Personnel Office.
He was released without bail and is to appear in Malone Town Court at 9 a.m. next Thursday.
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http://www.wcax.com/Global/story.asp?S=10324658
Officer Scott Geving Accused of Harassment, Stalking, Sexual Misconduct
A Stillwater Police officer is facing serious charges for the second time in seven months.
Officer Scott Geving is accused of harassment, stalking, and fifth-degree criminal sexual conduct.
Police say he assaulted and stalked a woman after he pulled her over for allegedly driving drunk.
According to the criminal complaint, the 10-year veteran drove the woman home and started a pattern of unwelcomed visits to the victim's residence. The complaint says on one occasion, Geving kissed the woman on the mouth and touched her under her shirt.
Geving, 49, has not been on patrol since August 2008 when he was placed on administrative leave after he was accused in a similar case. He’s been paid for his time absent.
According to the other criminal complaint, Geving and a 46-year-old female motel employee had done a walk through of the building on Aug. 20.
Geving, who was on duty at the time, began to rub the woman’s back and told her he could relieve her stress. She declined, but the officer then followed her and kissed her on the mouth, according to court documents.
The complaint states Geving then pushed her against a washing machine in the laundry area of the motel and grabbed her hand in an attempt to have her touch his genitals.
Geving left the motel, but returned after his shift. The woman says officials Geving inquired about the price of a hotel room and whispered things to her.
Stillwater Police Chief John Gannaway declined to comment on camera, but gave a statement.
"We wish to remind the community that this is the exception to the rule, as there are 21 other officers who do fine and commendable work for the City of Stillwater," he said.
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http://www.stillwatergazette.com/articles/2009/05/07/news/news210.txt
Officer Scott Geving is accused of harassment, stalking, and fifth-degree criminal sexual conduct.
Police say he assaulted and stalked a woman after he pulled her over for allegedly driving drunk.
According to the criminal complaint, the 10-year veteran drove the woman home and started a pattern of unwelcomed visits to the victim's residence. The complaint says on one occasion, Geving kissed the woman on the mouth and touched her under her shirt.
Geving, 49, has not been on patrol since August 2008 when he was placed on administrative leave after he was accused in a similar case. He’s been paid for his time absent.
According to the other criminal complaint, Geving and a 46-year-old female motel employee had done a walk through of the building on Aug. 20.
Geving, who was on duty at the time, began to rub the woman’s back and told her he could relieve her stress. She declined, but the officer then followed her and kissed her on the mouth, according to court documents.
The complaint states Geving then pushed her against a washing machine in the laundry area of the motel and grabbed her hand in an attempt to have her touch his genitals.
Geving left the motel, but returned after his shift. The woman says officials Geving inquired about the price of a hotel room and whispered things to her.
Stillwater Police Chief John Gannaway declined to comment on camera, but gave a statement.
"We wish to remind the community that this is the exception to the rule, as there are 21 other officers who do fine and commendable work for the City of Stillwater," he said.
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http://www.stillwatergazette.com/articles/2009/05/07/news/news210.txt
Officer Brian Spiotti Accused of Assaulting Suspect
A Wolcott police officer faces assault charges following the arrest of a DUI suspect. Now surveillance video from inside the police station has just been released and Ofc. Brian Spiotti says he was just following police procedure.
The 12-year veteran is accused of beating 26-year old Glenn Pelletier while in lock-up back in January. There is no audio on the surveillance tape , but cops say the suspect was verbally abusive and even came at them in a threatening manner.
The tape shows Spiotti pinning Pelletier against a wall, striking him a few moments later and then kicking him into the holding cell.
"Everything that Spiotti did was taught to him at the police academy and he acted appropriately," said Spiotti's defense lawyer, Martin Minnella.
Minnella says Pelletier was not compliant with the officers and makes a move toward Spiotti before he hits him with his left hand.
"Spiotti merely gets him out of his space by using his non-dominant hand to push him away," Minnella explained.
Getting Pelletier into the holding cell wasn't easy either.
"He took a sideways stance, Pelletier, and kept his left foot outside the cage," said Minnella.
And the kick? Minnella calls it a push.
"It was a push that's taught at the State Police Academy for the police to use," Minnella said.
Spiotti pled not guilty to third-degree assault in court today.
Pelletier says he did nothing wrong and claims he wasn't drunk but he admits there were words exchanged that night. He wasn't injured, never went to a doctor and didn't file the complaint against Spiotti.
The state's attorney's office actually brought the charges against Spiotti, but the investigation was not done by State Police, as is common. It was done by Wolcott police themselves.
Spiotti's wife is also a cop and she successfully sued the department in an unrelated case last year.
"Wolcott, especially with the situation with his wife, should've immediately turned this over to the State Police to avoid even the appearance of impropriety," Minnella said.
Minnella has filed a motion to dismiss the criminal case.
Chief Mark Crowe Still be Investigated
PEMBROKE, GA
There is a new police chief, but a controversy is following him to his new job. People are still speaking out against Pembroke police Chief Mark Crowe.
Many at Thursday night's meeting wanted a full investigation into a fight that Chief Crowe had that lead to the arrests of several people.
"We're going to pursue justice with all the force and relentless. Pursue justice until justice comes home," said Liston Singletary with NAACP.
The crowd was thin, but that's not stopping the NACCP from demanding answers. They say the crowd would be larger but many are scared to speak out against the people who are sworn in to serve and protect them.
The NAACP wanted to make sure people knew what they're rights are and that if they're civil rights are being violated that needs to be dealt with by the justice system.
One by one people stood up telling their stories of how they felt they were wronged by police.
"My heart is aching right now because there's a legacy in Pembroke, I'm 4th generation, and there's a legacy of police harassment and intimidation," said one woman.
Some say this has been going on for a while, but no one stood up; until the latest incident involving Mark Crowe. At the time Crowe worked for the Bryan County Sheriff's Office. Just before they named him chief of Pembroke, he was involved in a fight. Several people were hurt, including officers.
Many are outraged, including the President of the Georgia chapter of the NAACP. He couldn't attend the meeting, but called in and spoke to the crowd.
"We want to send a strong message to the mayor, we want to send a strong message to community leaders, we want to send a strong message to the sheriff and all law enforcement down there that you cannot beat our folk down here and not expect retaliation," said Edward Dubois.
They say Pembroke is known for sweeping things under the rug, but that's not happening this time around.
"It might not stop all of the brutality, but at least we will make them think," said Bryan Williams with NAACP.
No charges have been filed against Mark Crowe. The city of Pembroke said until there are charges they will continue backing him.
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Other Information: http://www.wsav.com/sav/news/local/article/racial_allegations_against_law_enforcement_officer_in_bryan_county/12132/
There is a new police chief, but a controversy is following him to his new job. People are still speaking out against Pembroke police Chief Mark Crowe.
Many at Thursday night's meeting wanted a full investigation into a fight that Chief Crowe had that lead to the arrests of several people.
"We're going to pursue justice with all the force and relentless. Pursue justice until justice comes home," said Liston Singletary with NAACP.
The crowd was thin, but that's not stopping the NACCP from demanding answers. They say the crowd would be larger but many are scared to speak out against the people who are sworn in to serve and protect them.
The NAACP wanted to make sure people knew what they're rights are and that if they're civil rights are being violated that needs to be dealt with by the justice system.
One by one people stood up telling their stories of how they felt they were wronged by police.
"My heart is aching right now because there's a legacy in Pembroke, I'm 4th generation, and there's a legacy of police harassment and intimidation," said one woman.
Some say this has been going on for a while, but no one stood up; until the latest incident involving Mark Crowe. At the time Crowe worked for the Bryan County Sheriff's Office. Just before they named him chief of Pembroke, he was involved in a fight. Several people were hurt, including officers.
Many are outraged, including the President of the Georgia chapter of the NAACP. He couldn't attend the meeting, but called in and spoke to the crowd.
"We want to send a strong message to the mayor, we want to send a strong message to community leaders, we want to send a strong message to the sheriff and all law enforcement down there that you cannot beat our folk down here and not expect retaliation," said Edward Dubois.
They say Pembroke is known for sweeping things under the rug, but that's not happening this time around.
"It might not stop all of the brutality, but at least we will make them think," said Bryan Williams with NAACP.
No charges have been filed against Mark Crowe. The city of Pembroke said until there are charges they will continue backing him.
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Other Information: http://www.wsav.com/sav/news/local/article/racial_allegations_against_law_enforcement_officer_in_bryan_county/12132/
Former Officer Drew Peterson Charged with Murdering his Third Wife
Former police sergeant Drew Peterson, long suspected in the 2007 disappearance of his fourth wife, was charged Thursday with murdering his third wife, whose 2004 death had been deemed accidental before authorities revisited it once Stacy Peterson vanished. Will County prosecutors and Illinois State Police planned an evening news conference to discuss a murder indictment issued against the former Bolingbrook police officer in the death of Kathleen Savio.
Peterson was arrested Thursday evening during a traffic stop in Bolingbrook, said Chuck Pelkie, spokesman for Will County state's attorney.
Authorities declined to immediately release further details.
Savio's body was found in an empty bathtub. Her death was originally ruled an accidental drowning but authorities later said it was a homicide staged to look like an accident.
Savio's family has long voiced suspicions about the circumstances surrounding her death, especially after the October 2007 disappearance of Stacy Peterson, then 23.
Peterson, 55, is a suspect in the disappearance but has not been charged in that case. He has repeatedly said he thinks Stacy Peterson ran off with another man.
Peterson's attorney, Joel Brodsky, said in an e-mail Thursday he was on his way to New York and referred messages to Peterson's publicist, Glenn Selig. Selig said only that he could not confirm Peterson's arrest.
Savio's 73-year-old father, Henry, said Thursday that an arrest should have been made long ago.
"I always wondered" about her death, he said. "I was never pleased with the (coroner's finding of suicide) from the beginning."
In more than a year and a half since Stacy Peterson's disappearance, Drew Peterson has been under a media microscope, and at times he has seemed to relish the attention.
This week Selig said Peterson was interested in a job offer from a Nevada brothel that is the setting for the HBO reality show "Cathouse." An HBO spokeswoman said the network would sooner cancel the show than allow Peterson to appear on it.
Peterson was arrested Thursday evening during a traffic stop in Bolingbrook, said Chuck Pelkie, spokesman for Will County state's attorney.
Authorities declined to immediately release further details.
Savio's body was found in an empty bathtub. Her death was originally ruled an accidental drowning but authorities later said it was a homicide staged to look like an accident.
Savio's family has long voiced suspicions about the circumstances surrounding her death, especially after the October 2007 disappearance of Stacy Peterson, then 23.
Peterson, 55, is a suspect in the disappearance but has not been charged in that case. He has repeatedly said he thinks Stacy Peterson ran off with another man.
Peterson's attorney, Joel Brodsky, said in an e-mail Thursday he was on his way to New York and referred messages to Peterson's publicist, Glenn Selig. Selig said only that he could not confirm Peterson's arrest.
Savio's 73-year-old father, Henry, said Thursday that an arrest should have been made long ago.
"I always wondered" about her death, he said. "I was never pleased with the (coroner's finding of suicide) from the beginning."
In more than a year and a half since Stacy Peterson's disappearance, Drew Peterson has been under a media microscope, and at times he has seemed to relish the attention.
This week Selig said Peterson was interested in a job offer from a Nevada brothel that is the setting for the HBO reality show "Cathouse." An HBO spokeswoman said the network would sooner cancel the show than allow Peterson to appear on it.
Deputy Larry Jones Arrested for Domestic Violence
Muscogee County Sheriff’s Deputy Larry Jones was recently arrested on an accusation of domestic violence, Sheriff John Darr said Tuesday.
Jones, a 23-year veteran of the department, had a warrant issued against him out of Chattahoochee County around two weeks ago, Darr said. When Darr learned of the warrant, Jones was called to the Sheriff’s office on the fourth floor of the Columbus Government Center.
“We arrested him, just like we’re supposed to, and took him to Chattahoochee County, where he made bond,” Darr said. “It involved an alleged domestic dispute.”
Jones has been suspended without pay pending the outcome of an internal investigation and the case against him, Darr said.
As a deputy, Jones was assigned to courtroom detail, Darr said. His duties included security and escorting prisoners.
Jones, a 23-year veteran of the department, had a warrant issued against him out of Chattahoochee County around two weeks ago, Darr said. When Darr learned of the warrant, Jones was called to the Sheriff’s office on the fourth floor of the Columbus Government Center.
“We arrested him, just like we’re supposed to, and took him to Chattahoochee County, where he made bond,” Darr said. “It involved an alleged domestic dispute.”
Jones has been suspended without pay pending the outcome of an internal investigation and the case against him, Darr said.
As a deputy, Jones was assigned to courtroom detail, Darr said. His duties included security and escorting prisoners.
Wednesday, May 06, 2009
More Weapons Missing from the Tulsa Police Department
Lax security policies at the Tulsa Police Department led to the disappearance of 44 guns and an unknown amount of ammunition, a recent audit concluded.
The inquiry stemmed from the theft of 19 firearms and ammunition in 2007, Police Chief Ron Palmer told city councilors Tuesday. Former range instructor Buddy Visser was sent to federal prison for stealing the weapons and selling them online during an 11-month period.
"No one ever counted on the police stealing from the police," Palmer said. "But at the same time, we could have done a lot better job along the way."
The 19 stolen guns were eventually recovered. Twenty-five others, including two AR-15 assault rifles and several snub-nosed revolvers, are unaccounted for, Palmer said.
Although it's continuing to search for those weapons, the department has invested in a computer system to track ammunition by bar codes. Security is also tighter at the range, Palmer said.
The audit, which cataloged roughly 5,300 firearms that passed through the department in the last 30 years, was the first large-scale examination of the department's arsenal, Palmer said.
"A whole host of things happened during that period of time and, as we admit in our response to the range audit, we didn't do a very good job in some of that inventory control," he said.
Among the missing weapons are nine Remington 12-gauge shotguns and two Smith & Wesson .357-caliber Magnum revolvers.
All told, the guns are worth $11,864, records show.
Palmer said the audit uncovered several ways to improve security.
The new computer program will help track the department's inventory, but technical problems have delayed the project. Officials are working with the city's information technology staff to bring the system online, Palmer said.
Visser, a 17-year department veteran, sold the stolen guns and ammunition on his Web site, authorities said. None of the buyers knew that the weapons were stolen, police said.
Visser resigned from the police force before he pleaded guilty to the charges in March 2008. He is in a low-security prison in Texas, records show.
Documents: View a list of the 25 firearms that are still missing from the Tulsa Police Department
The inquiry stemmed from the theft of 19 firearms and ammunition in 2007, Police Chief Ron Palmer told city councilors Tuesday. Former range instructor Buddy Visser was sent to federal prison for stealing the weapons and selling them online during an 11-month period.
"No one ever counted on the police stealing from the police," Palmer said. "But at the same time, we could have done a lot better job along the way."
The 19 stolen guns were eventually recovered. Twenty-five others, including two AR-15 assault rifles and several snub-nosed revolvers, are unaccounted for, Palmer said.
Although it's continuing to search for those weapons, the department has invested in a computer system to track ammunition by bar codes. Security is also tighter at the range, Palmer said.
The audit, which cataloged roughly 5,300 firearms that passed through the department in the last 30 years, was the first large-scale examination of the department's arsenal, Palmer said.
"A whole host of things happened during that period of time and, as we admit in our response to the range audit, we didn't do a very good job in some of that inventory control," he said.
Among the missing weapons are nine Remington 12-gauge shotguns and two Smith & Wesson .357-caliber Magnum revolvers.
All told, the guns are worth $11,864, records show.
Palmer said the audit uncovered several ways to improve security.
The new computer program will help track the department's inventory, but technical problems have delayed the project. Officials are working with the city's information technology staff to bring the system online, Palmer said.
Visser, a 17-year department veteran, sold the stolen guns and ammunition on his Web site, authorities said. None of the buyers knew that the weapons were stolen, police said.
Visser resigned from the police force before he pleaded guilty to the charges in March 2008. He is in a low-security prison in Texas, records show.
Documents: View a list of the 25 firearms that are still missing from the Tulsa Police Department
Officer Kimberly Whyley Accused of Assaulting 90-Year-Old Man
An Oakview police officer accused of assaulting a 90-year-old man during a recent traffic stop pleaded not guilty today in Clay County Circuit Court.
Meanwhile, a guardian filed a $5 million civil rights lawsuit in federal court on behalf of the driver, Phillip Joseph Forte, against the officer and Oakview.
Kimberly A. Whyley, 38, faces a third-degree assault charge, a misdemeanor. She is scheduled to appear in the Clay County court on June 4. No trial date has been set.
William Shull, an attorney for Whyley, said his client denies the allegations and looks forward to resolving the matter in court.
“We believe the incident has been badly taken out of proportion,” Shull said. “There has been a great deal of misinformation about this matter.”
Whyley has been suspended by the Oakview Police Department, the Oakview city attorney said.
According to authorities, the incident occurred Feb. 12 in a strip mall parking lot in the 6300 block of North Oak Trafficway.
The indictment alleges that Whyley struck Forte, causing physical injury. The indictment contains no other details about the incident, and investigative reports in the case are under seal.
Forte is now living in a nursing home for reasons unrelated to the incident.
According to the lawsuit, Whyley pulled Forte over after midnight. He told the officer he was lost, he did not have his driver’s license or insurance and he could not remember his Social Security number.
Instead of turning off his car and taking his keys, the lawsuit says, Whyley went to her patrol car parked four feet behind Forte’s car.
Forte apparently put his car into neutral and released the brake, causing it to roll backwards and “slightly bump” Whyley’s car, the lawsuit says.
Whyley “violently assaulted” Forte, dragging him from the vehicle, throwing him to the ground and breaking his arm, the lawsuit alleges, all while ignoring his pleas for mercy.
Forte was hospitalized for his injuries, said his wife, Theresa Forte.
She said her husband was driving to get a sandwich when his vehicle struck a curb and he was pulled over by Whyley.
“He was not speeding; he did not bother her. He just went to get a sandwich,” Theresa Forte said.
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http://www.kctv5.com/news/19394277/detail.html
Meanwhile, a guardian filed a $5 million civil rights lawsuit in federal court on behalf of the driver, Phillip Joseph Forte, against the officer and Oakview.
Kimberly A. Whyley, 38, faces a third-degree assault charge, a misdemeanor. She is scheduled to appear in the Clay County court on June 4. No trial date has been set.
William Shull, an attorney for Whyley, said his client denies the allegations and looks forward to resolving the matter in court.
“We believe the incident has been badly taken out of proportion,” Shull said. “There has been a great deal of misinformation about this matter.”
Whyley has been suspended by the Oakview Police Department, the Oakview city attorney said.
According to authorities, the incident occurred Feb. 12 in a strip mall parking lot in the 6300 block of North Oak Trafficway.
The indictment alleges that Whyley struck Forte, causing physical injury. The indictment contains no other details about the incident, and investigative reports in the case are under seal.
Forte is now living in a nursing home for reasons unrelated to the incident.
According to the lawsuit, Whyley pulled Forte over after midnight. He told the officer he was lost, he did not have his driver’s license or insurance and he could not remember his Social Security number.
Instead of turning off his car and taking his keys, the lawsuit says, Whyley went to her patrol car parked four feet behind Forte’s car.
Forte apparently put his car into neutral and released the brake, causing it to roll backwards and “slightly bump” Whyley’s car, the lawsuit says.
Whyley “violently assaulted” Forte, dragging him from the vehicle, throwing him to the ground and breaking his arm, the lawsuit alleges, all while ignoring his pleas for mercy.
Forte was hospitalized for his injuries, said his wife, Theresa Forte.
She said her husband was driving to get a sandwich when his vehicle struck a curb and he was pulled over by Whyley.
“He was not speeding; he did not bother her. He just went to get a sandwich,” Theresa Forte said.
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http://www.kctv5.com/news/19394277/detail.html
Deputy Konstandino Patzanakidis Charged with Hitting Pregnant Girlfriend
According to Jupiter Police, Palm Beach County Sheriff's Deputy Konstandino Patzanakidis violently confronted the mother of his 5-year-old child.
Fox 29 obtained the 911 call the victim made shortly after that altercation. Here's a partial transcript:
Dispatcher: "911 emergency."
Victim: "Um, I just got slammed on the counter."
Dispatcher: "Who slammed you?"
Victim: "Um, my significant other, or my ex, or boyfriend, whatever."
Dispatcher: "Do you need medical attention?"
Victim: "Yeah".
We also obtained a copy of the police report of the incident. A closer look at the that report shows more detail about this case of domestic battery. The victim told police Patzanakidis ripped off her glasses. He then grabbed her by the back of the neck and pushed her head and face into the kitchen counter-top. Here's more from the victims call to police:
Dispatcher: "Are you bleeding?"
Victim: "A little yeah."
Dispatcher: "Did he slam you head on the counter?"
Victim: "Yeah."
During that same call, the victim told police Patzanakidis snatched the phone from her hand and told her he loved her and apologized. The sheriff's deputy then begged the victim not to call police. But the call had already been made. The victim also told police she was approximately eight weeks pregnant with Patzanakidis's child, and that he knew she was pregnant.
Paramedics and police officers were dispatched to the house.
This police report says the department of Children and Families is now involved.
Meanwhile, Patzanakidis, a sergeant with the Palm Beach County Sheriff's office, is on paid administrative leave.
Fox 29 obtained the 911 call the victim made shortly after that altercation. Here's a partial transcript:
Dispatcher: "911 emergency."
Victim: "Um, I just got slammed on the counter."
Dispatcher: "Who slammed you?"
Victim: "Um, my significant other, or my ex, or boyfriend, whatever."
Dispatcher: "Do you need medical attention?"
Victim: "Yeah".
We also obtained a copy of the police report of the incident. A closer look at the that report shows more detail about this case of domestic battery. The victim told police Patzanakidis ripped off her glasses. He then grabbed her by the back of the neck and pushed her head and face into the kitchen counter-top. Here's more from the victims call to police:
Dispatcher: "Are you bleeding?"
Victim: "A little yeah."
Dispatcher: "Did he slam you head on the counter?"
Victim: "Yeah."
During that same call, the victim told police Patzanakidis snatched the phone from her hand and told her he loved her and apologized. The sheriff's deputy then begged the victim not to call police. But the call had already been made. The victim also told police she was approximately eight weeks pregnant with Patzanakidis's child, and that he knew she was pregnant.
Paramedics and police officers were dispatched to the house.
This police report says the department of Children and Families is now involved.
Meanwhile, Patzanakidis, a sergeant with the Palm Beach County Sheriff's office, is on paid administrative leave.
Deputy Travis Kiser Arrested for Trespassing
A former Valdosta police officer is facing charges for criminal trespass.
Valdosta Police arrested 25-year-old Travis Kiser on Tuesday, May 5th.
Police say around 8:30 AM at the Woodstone Apartments in Valdosta, Kiser got into an argument with his ex-girlfriend and broke a mirror off her car.
"Certainly we were upset with what happened, but our guys fully understand that we can't allow that. I mean, we're a profession just like the media is a profession. And the difference with us though is that we're in law enforcement and if we don't police ourselves, what are we telling the community?" said COMM Brian Childress of the Valdosta Police Department.
Police say Kiser was later arrested, then taken to the Lowndes County Jail.
Kiser is currently out on bond and works as a deputy for the Lanier County Sheriff's Office.
Valdosta Police arrested 25-year-old Travis Kiser on Tuesday, May 5th.
Police say around 8:30 AM at the Woodstone Apartments in Valdosta, Kiser got into an argument with his ex-girlfriend and broke a mirror off her car.
"Certainly we were upset with what happened, but our guys fully understand that we can't allow that. I mean, we're a profession just like the media is a profession. And the difference with us though is that we're in law enforcement and if we don't police ourselves, what are we telling the community?" said COMM Brian Childress of the Valdosta Police Department.
Police say Kiser was later arrested, then taken to the Lowndes County Jail.
Kiser is currently out on bond and works as a deputy for the Lanier County Sheriff's Office.
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Officer Dina Hoffman Charged with Perjury
A Montgomery County Police officer faces a perjury investigation after she testified in April that she found a man arrested for driving under the influence behind the wheel of a parked car. A recording from a security camera showed he was in the back seat, lying down, with his feet out the open passenger side door when she approached him.
"We are aware of the allegation and will be conducting an investigation," Montgomery County Police spokeswoman Lucille Baur said Wednesday.
The Montgomery County State's Attorney's Office referred the case to the Howard County State's Attorney's Office because county prosecutors might be questioned, said Seth Zucker, a spokesman for the Montgomery County State's Attorney's Office.
George Zaliev, 56, of Rockville, was arrested about 7:30 p.m. May 3, 2008, for DUI at the parking lot of Sarkissian Interiors at 8537 Atlas Drive in Gaithersburg. A preliminary breath test showed a blood alcohol content of 0.15, nearly twice the legal limit.
At his Montgomery County District Court trial, Officer II Dina Hoffman testified 11 times that she found Zaliev in the front driver's seat. She said shook him awake and he was not cooperative in doing field sobriety tests.
Zaliev's attorney, Paul E. Mack of Columbia, used a laptop computer to show a video from a security camera at Sarkissian that recorded the arrest.
The security tape, reviewed by The Gazette, shows Hoffman arrived and immediately walked up to Zaliev lying in the back seat.
A message left for Hoffman was not returned immediately. A three-year veteran, she continues to work while the allegation is investigated.
After Judge Dennis A. McHugh viewed the tape, he ruled the arrest lacked probable cause. The judge found Zaliev not guilty.
"I've done enough of these that I know without the video, it would have been my client's word against the officer's, and I probably wouldn't have won," Mack said in an interview.
Mack came forward after receiving a transcript of the trial.
By lying in the back seat of the car, Zaliev did nothing illegal and should not have been arrested, Mack said. Case law is clear that people in the back seat of a parked vehicle are not driving under the influence.
Zaliev, an upholsterer, was waiting in his friend's car for his friend to get off work and drive him home, Mack said.
In her testimony at the April 2 trial, Hoffman claimed she arrived and approached Zaliev on the left side of the car where he sat behind the wheel asleep. She described shaking his shoulder to wake him.
"He was just sitting in the front seat, kind of sitting there sleeping," Hoffman testified.
At several points Mack asked the officer if she was certain Zaliev was in the front and not the back.
"Do you recall him being in the back seat on the passenger side?" Mack asked on cross examination.
"No, not when I first got there, no," Hoffman replied.
"Are you absolutely sure?" Mack asked again.
"Yes," Hoffman testified. "I did have him sit there while I waited for another officer to come."
After the recording was played in the courtroom, Hoffman was asked whether she was wrong about Zaliev's position in the car.
"Yeah, I must have been," Hoffman testified. "My apologies. It's been over a year. I deal with a lot of these cases every day so my apologies."
But Hoffman then said Zaliev "must've admitted to me that he was driving the vehicle at some point."
On further questioning, Hoffman testified she had not told that to either the prosecutors or to Mack before.
"You were wrong about him giving you his license while he was in the front seat?" Mack asked.
"Yes," she said. "He gave me his license, but I guess he was in the back seat."
If Zaliev had been convicted, he would have faced a maximum sentence of $1,000 fine and a year in jail.
"If it was determined there's perjury in this case, this is the kind of case that would undermine the authority of police and the perception of good officers out there doing their job," said Christopher Heffernan, chairman of the Maryland State Bar Association's litigation committee. "This would damage the police officers who are doing a good job out there to protect us. This is disturbing to everyone who looks up to the police and relies on them to protect us from the bad guys."
Although allegations of perjury are not uncommon, it is very rare that such cases are ever brought to trial, and Heffernan said he could not remember any that involved police officers.
Mack said he sent a copy of the transcript to Montgomery County State's Attorney John McCarthy and County Police Chief J. Thomas Manger.
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http://www.washingtonpost.com/wp-dyn/content/article/2009/05/06/AR2009050604294.html
"We are aware of the allegation and will be conducting an investigation," Montgomery County Police spokeswoman Lucille Baur said Wednesday.
The Montgomery County State's Attorney's Office referred the case to the Howard County State's Attorney's Office because county prosecutors might be questioned, said Seth Zucker, a spokesman for the Montgomery County State's Attorney's Office.
George Zaliev, 56, of Rockville, was arrested about 7:30 p.m. May 3, 2008, for DUI at the parking lot of Sarkissian Interiors at 8537 Atlas Drive in Gaithersburg. A preliminary breath test showed a blood alcohol content of 0.15, nearly twice the legal limit.
At his Montgomery County District Court trial, Officer II Dina Hoffman testified 11 times that she found Zaliev in the front driver's seat. She said shook him awake and he was not cooperative in doing field sobriety tests.
Zaliev's attorney, Paul E. Mack of Columbia, used a laptop computer to show a video from a security camera at Sarkissian that recorded the arrest.
The security tape, reviewed by The Gazette, shows Hoffman arrived and immediately walked up to Zaliev lying in the back seat.
A message left for Hoffman was not returned immediately. A three-year veteran, she continues to work while the allegation is investigated.
After Judge Dennis A. McHugh viewed the tape, he ruled the arrest lacked probable cause. The judge found Zaliev not guilty.
"I've done enough of these that I know without the video, it would have been my client's word against the officer's, and I probably wouldn't have won," Mack said in an interview.
Mack came forward after receiving a transcript of the trial.
By lying in the back seat of the car, Zaliev did nothing illegal and should not have been arrested, Mack said. Case law is clear that people in the back seat of a parked vehicle are not driving under the influence.
Zaliev, an upholsterer, was waiting in his friend's car for his friend to get off work and drive him home, Mack said.
In her testimony at the April 2 trial, Hoffman claimed she arrived and approached Zaliev on the left side of the car where he sat behind the wheel asleep. She described shaking his shoulder to wake him.
"He was just sitting in the front seat, kind of sitting there sleeping," Hoffman testified.
At several points Mack asked the officer if she was certain Zaliev was in the front and not the back.
"Do you recall him being in the back seat on the passenger side?" Mack asked on cross examination.
"No, not when I first got there, no," Hoffman replied.
"Are you absolutely sure?" Mack asked again.
"Yes," Hoffman testified. "I did have him sit there while I waited for another officer to come."
After the recording was played in the courtroom, Hoffman was asked whether she was wrong about Zaliev's position in the car.
"Yeah, I must have been," Hoffman testified. "My apologies. It's been over a year. I deal with a lot of these cases every day so my apologies."
But Hoffman then said Zaliev "must've admitted to me that he was driving the vehicle at some point."
On further questioning, Hoffman testified she had not told that to either the prosecutors or to Mack before.
"You were wrong about him giving you his license while he was in the front seat?" Mack asked.
"Yes," she said. "He gave me his license, but I guess he was in the back seat."
If Zaliev had been convicted, he would have faced a maximum sentence of $1,000 fine and a year in jail.
"If it was determined there's perjury in this case, this is the kind of case that would undermine the authority of police and the perception of good officers out there doing their job," said Christopher Heffernan, chairman of the Maryland State Bar Association's litigation committee. "This would damage the police officers who are doing a good job out there to protect us. This is disturbing to everyone who looks up to the police and relies on them to protect us from the bad guys."
Although allegations of perjury are not uncommon, it is very rare that such cases are ever brought to trial, and Heffernan said he could not remember any that involved police officers.
Mack said he sent a copy of the transcript to Montgomery County State's Attorney John McCarthy and County Police Chief J. Thomas Manger.
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http://www.washingtonpost.com/wp-dyn/content/article/2009/05/06/AR2009050604294.html
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