A jury will decide whether two Newburgh Heights police officers were following department protocol or abusing their power when they shocked a Cleveland woman repeatedly with a Taser while she was handcuffed.
Officers Joseph Szelenyi, 32, and Bobby Hoover, 33, stand trial this week in Cuyahoga County Common Pleas Court, accused of holding Kim Bankhead captive for hours at their police station and torturing her with a Taser, an electroshock weapon that temporarily incapacitates its target.
Prosecutors say the officers shocked the woman at least a half-dozen times until she complained of chest pain and was taken to a hospital.
Szelenyi and Hoover are charged with felonious assault. Judge Brendan Sheehan threw out charges against a third officer, Christopher Minek, 26, because prosecutors could not produce enough evidence to suggest he participated in shocking the woman.
In opening statements Monday, defense lawyers argued that police used the Taser to control Bankhead, who was so intoxicated she could not perform the basic field sobriety test.
At her Municipal Court hearing in February 2008, Bankhead pleaded no contest to operating a vehicle while intoxicated. Charges of disorderly conduct, driving in a prohibited area, failure to yield and resisting arrest were dismissed.
But she has since filed a civil lawsuit in federal court, in which she is asking for $1.5 million in damages from each of the officers who used the Taser, saying the experience left her traumatized, anxious and chronically depressed.
Bankhead and her husband, Michael, had been drinking at the Crankshaft bar in Newburgh Heights on Nov. 25, 2007, and were on their way home around 9 p.m., when Bankhead said police lights surrounded her car.
Police ordered her out of the driver's seat, she said. And when she demanded to know why she had been pulled over, Bankhead said, Szelenyi slammed her head against the hood of his police cruiser, busting her lip and knocking her out cold. When she regained consciousness, Bankhead struggled against the officer, who had handcuffed her and was loading her into the backseat of his car. Without warning, Szelenyi shocked her in the leg, she said.
At the police station, the officers handcuffed Bankhead to a bench while they prepared to book her on charges of driving under the influence and resisting arrest. Afraid and distraught, Bankhead panicked, screaming for help and trying to wriggle free from the handcuffs, she testified.
Hoover shocked her repeatedly, she said. He even told her, in lewd language, that he was enjoying it and encouraged her to give him a reason to do it again, Bankhead told the court.
Defense lawyers countered that Bankhead was so drunk that she nearly collided head-on with a police cruiser and parked her car on a tree lawn when she finally pulled over. She could hardly walk, let alone complete a field sobriety test. And she was aggressive, yelling for her husband to attack the police who were arresting her, they said.
Attorneys for the officers also argued that Bankhead produced no evidence or documentation of injuries inflicted by the Taser and that she only experienced chest pains, a symptom of anxiety, after police tried to book her in jail.
The trial continues Tuesday.
Monday, July 06, 2009
Former Officer Louis Alvie 'Buck' Morris in Court on Rape of 15-year-old
Former Stillwater Police Officer Louis Alvie "Buck" Morris, 48, who appeared in court today on charges alleging he committed five sex acts with a 15-year-old female student in May, has resigned from the department, Stillwater Police Chief Norman McNickle said.
"This case now rests in the hands of the judicial system," McNickle said.
The preliminary hearing for Morris, who has been charged with two counts of rape by instrumentation and three counts of lewd acts with a child, was scheduled during Morris's brief court appearance today for Aug. 28.
If convicted of the five-count charge, Morris could receive as much as two life without parole sentences plus 60 years in prison, court records show.
Morris was originally represented by Oklahoma City attorney Susan Ann Knight, but now is being defended by four Oklahoma City attorneys, Joe E. White Jr., Charles C. Weddle III, Marvel E. Lewis and Blake Farris, court records show.
Morris, who was an officer with the Stillwater Police Department for 17 years, had served as a School Resource Officer for six years, McNickle said.
He was suspended without pay at the time of his June 16 arrest at his Ripley residence, McNickle said.
Morris resigned from the Stillwater Police Department on June 26, McNickle said.
"As a Police Officer and a School Resource Officer, Morris was sworn to protect and serve all the citizens of Stillwater," McNickle said in a press release when Morris was arrested by officers from the Oklahoma State Bureau of Investigation, Stillwater Police Department and the Payne County Sheriff's Office.
"It is apparent to me and the personnel of the Stillwater Police Department that the sacred trust in the Oath of Office was violated." McNickle said.
"Department members are deeply disappointed and disgusted in the actions of a veteran officer.
"Members of the department take their oath seriously and will continue to seek out those who violate the public trust and where appropriate, seek prosecution and removal from office," McNickle said.
An investigation began on May 20 when a citizen reported a concern to police that Morris was engaged in an inappropriate relationship with a 15-year-old girl, McNickle said in his press release.
"The original information supplied by the citizen had no evidence of criminal activity by Morris.
"Two investigators were immediately assigned to determine if Morris had violated any policies of the Stillwater Police Department Standard Operating Procedures.
"The internal investigation continued until June 1, 2009, when information was discovered that Morris had possibly violated state law in his conduct with the 15-year-old victim.
"Based on this information, I immediately asked the Oklahoma State Bureau of Investigation (OSBI) to assist the Stillwater Police Department in conducting a criminal investigation into Morris' conduct," McNickle said.
"On June 2, 2009, the criminal investigation determined probable cause existed that Morris committed a felony. Also on June 2, 2009, Morris was suspended from duty and his powers to act as a police officer were revoked," McNickle said.
"On June 10, 2009, two investigators were dispatched on an out-of-state trip to interview potential witnesses in the criminal investigation. The trip continued through Monday, June 15, 2009," McNickle said.
The following day, charges were filed against Morris by Payne County First Assistant District Attorney Tom Lee.
Morris was booked into the Payne County Jail and released after posting a $25,000 property bond, court records show.
According to an affidavit by OSBI agent Richard Brown, the girl knew Morris for the two years she attended Stillwater Junior High School. She said that she talked with Morris every morning at school, the affidavit said.
"She and Morris exchanged phone numbers and would text each other. She felt Morris knew she liked him and that he liked her.
"She became close to Morris. Morris would text her saying he loved her and would be able to show her how much he loved her," the affidavit alleged.
She told the OSBI agent that Morris fondled her while they were alone in his home and that while he was driving her back to her house, Morris put his finger in her genital area, the affidavit alleged.
In May two days before she was to leave Oklahoma for the summer, Morris came by her house while her father was at work and they performed manual sex acts on each other, the affidavit alleged.
Morris subsequently talked to Stillwater Police Officer Guy Palladino, who was a School Resource Officer assigned to Stillwater's Sangre Ridge Elementary and Middle Schools, as well as Westwood Elementary School. Palladino also was a Fraternal Order of Police (FOP) representative for any officer at the Stillwater Police Department, according to the affidavit.
Morris told Palladino that they had sexual contact, but denied having oral or vaginal sex with the girl, the affidavit alleged.
Morris knew his job was gone and he hoped he did not have to go to prison, but that he had done this to himself," the affidavit alleged.
"This case now rests in the hands of the judicial system," McNickle said.
The preliminary hearing for Morris, who has been charged with two counts of rape by instrumentation and three counts of lewd acts with a child, was scheduled during Morris's brief court appearance today for Aug. 28.
If convicted of the five-count charge, Morris could receive as much as two life without parole sentences plus 60 years in prison, court records show.
Morris was originally represented by Oklahoma City attorney Susan Ann Knight, but now is being defended by four Oklahoma City attorneys, Joe E. White Jr., Charles C. Weddle III, Marvel E. Lewis and Blake Farris, court records show.
Morris, who was an officer with the Stillwater Police Department for 17 years, had served as a School Resource Officer for six years, McNickle said.
He was suspended without pay at the time of his June 16 arrest at his Ripley residence, McNickle said.
Morris resigned from the Stillwater Police Department on June 26, McNickle said.
"As a Police Officer and a School Resource Officer, Morris was sworn to protect and serve all the citizens of Stillwater," McNickle said in a press release when Morris was arrested by officers from the Oklahoma State Bureau of Investigation, Stillwater Police Department and the Payne County Sheriff's Office.
"It is apparent to me and the personnel of the Stillwater Police Department that the sacred trust in the Oath of Office was violated." McNickle said.
"Department members are deeply disappointed and disgusted in the actions of a veteran officer.
"Members of the department take their oath seriously and will continue to seek out those who violate the public trust and where appropriate, seek prosecution and removal from office," McNickle said.
An investigation began on May 20 when a citizen reported a concern to police that Morris was engaged in an inappropriate relationship with a 15-year-old girl, McNickle said in his press release.
"The original information supplied by the citizen had no evidence of criminal activity by Morris.
"Two investigators were immediately assigned to determine if Morris had violated any policies of the Stillwater Police Department Standard Operating Procedures.
"The internal investigation continued until June 1, 2009, when information was discovered that Morris had possibly violated state law in his conduct with the 15-year-old victim.
"Based on this information, I immediately asked the Oklahoma State Bureau of Investigation (OSBI) to assist the Stillwater Police Department in conducting a criminal investigation into Morris' conduct," McNickle said.
"On June 2, 2009, the criminal investigation determined probable cause existed that Morris committed a felony. Also on June 2, 2009, Morris was suspended from duty and his powers to act as a police officer were revoked," McNickle said.
"On June 10, 2009, two investigators were dispatched on an out-of-state trip to interview potential witnesses in the criminal investigation. The trip continued through Monday, June 15, 2009," McNickle said.
The following day, charges were filed against Morris by Payne County First Assistant District Attorney Tom Lee.
Morris was booked into the Payne County Jail and released after posting a $25,000 property bond, court records show.
According to an affidavit by OSBI agent Richard Brown, the girl knew Morris for the two years she attended Stillwater Junior High School. She said that she talked with Morris every morning at school, the affidavit said.
"She and Morris exchanged phone numbers and would text each other. She felt Morris knew she liked him and that he liked her.
"She became close to Morris. Morris would text her saying he loved her and would be able to show her how much he loved her," the affidavit alleged.
She told the OSBI agent that Morris fondled her while they were alone in his home and that while he was driving her back to her house, Morris put his finger in her genital area, the affidavit alleged.
In May two days before she was to leave Oklahoma for the summer, Morris came by her house while her father was at work and they performed manual sex acts on each other, the affidavit alleged.
Morris subsequently talked to Stillwater Police Officer Guy Palladino, who was a School Resource Officer assigned to Stillwater's Sangre Ridge Elementary and Middle Schools, as well as Westwood Elementary School. Palladino also was a Fraternal Order of Police (FOP) representative for any officer at the Stillwater Police Department, according to the affidavit.
Morris told Palladino that they had sexual contact, but denied having oral or vaginal sex with the girl, the affidavit alleged.
Morris knew his job was gone and he hoped he did not have to go to prison, but that he had done this to himself," the affidavit alleged.
Officer Alex Alvarez Arrested for DWI
A McAllen police officer found himself on the other side of the law after being arrested for an alleged DWI wreck over the weekend.
Officer Alex Alvarez was arrested on DWI charges after he was allegedly involved in an accident in the parking lot of the Chili’s restaurant on Nolana Avenue.
The 39-year-old police officer appeared before a judge where he was given a $5,000 personal recognizance bond.
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http://www.themonitor.com/articles/mcallen-28273-police-arrested.html
Reserve Officer Adam Goldstein Arrested for Being Drunk in Squad Car
A Lawrence Township school board member has been dismissed as a Fortville reserve police officer after driving a squad car in full uniform while allegedly drunk.
Adam Goldstein, 39, of Geist, an unpaid officer in training in Fortville, was charged with public intoxication at the Geist Marina early Sunday morning and later charged preliminarily with drunk driving, police and the Hamilton County prosecutor’s office said today.
Goldtstein and his wife, Karen, were stopped by an Indiana Department of Natural Resources officer while boating on the reservoir at 11 p.m. Saturday and cited for failing to have working navigational lights, said Conservation Officer Dave Dungan.
Apparently angry at the citation, Goldstein drove home, put on his police uniform and gun, then drove to the Fortville police station, where he took a squad car, Fortville Police Sgt. Derek Shelley said. No one else was at the station at the time.
He drove the car to the Geist Marina to confront the DNR officer who ticketed him, became unruly and was arrested for public intoxication, Shelley said.
Dungan said he gave Goldstein a breathalyzer test, which he failed, and he was later charged with drunk driving.
Goldstein was elected to his first term on the school board in 2008. He is also the former owner of Automotive Service Group in Lawrence. He began his reserve officer training Feb. 28 and was in the field training segment, in which he rode around with a full-time officer on patrol.
Training officers have keys to the squad cars, Shelley said.
Adam Goldstein, 39, of Geist, an unpaid officer in training in Fortville, was charged with public intoxication at the Geist Marina early Sunday morning and later charged preliminarily with drunk driving, police and the Hamilton County prosecutor’s office said today.
Goldtstein and his wife, Karen, were stopped by an Indiana Department of Natural Resources officer while boating on the reservoir at 11 p.m. Saturday and cited for failing to have working navigational lights, said Conservation Officer Dave Dungan.
Apparently angry at the citation, Goldstein drove home, put on his police uniform and gun, then drove to the Fortville police station, where he took a squad car, Fortville Police Sgt. Derek Shelley said. No one else was at the station at the time.
He drove the car to the Geist Marina to confront the DNR officer who ticketed him, became unruly and was arrested for public intoxication, Shelley said.
Dungan said he gave Goldstein a breathalyzer test, which he failed, and he was later charged with drunk driving.
Goldstein was elected to his first term on the school board in 2008. He is also the former owner of Automotive Service Group in Lawrence. He began his reserve officer training Feb. 28 and was in the field training segment, in which he rode around with a full-time officer on patrol.
Training officers have keys to the squad cars, Shelley said.
Former Officer Jerry Bristow Pleads Guilty to Stealing Weapons from Evidence Room
A former Clinton police officer has pleaded guilty to taking two pistols and a shotgun from the police evidence room and selling them to a pawnbroker.
The former officer, 56-year-old Jerry Bristow, remains free on bond until a pre-sentence hearing on Sept. 11.
Bristow, who supervised the evidence room, left the force Jan. 1.
On Monday, Assistant DeWitt County State's Attorney Darrell Price said Clinton Police Chief Mike Reidy called for an investigation in January after he was told guns were missing from the evidence room.
Price told Circuit Court Judge Garry Bryan that the DeWitt County Sheriff's Department discovered that Bristow had taken the guns and sold them for his own profit at a Bloomington pawn shop.
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Information from: The Pantagraph, http://www.pantagraph.com
The former officer, 56-year-old Jerry Bristow, remains free on bond until a pre-sentence hearing on Sept. 11.
Bristow, who supervised the evidence room, left the force Jan. 1.
On Monday, Assistant DeWitt County State's Attorney Darrell Price said Clinton Police Chief Mike Reidy called for an investigation in January after he was told guns were missing from the evidence room.
Price told Circuit Court Judge Garry Bryan that the DeWitt County Sheriff's Department discovered that Bristow had taken the guns and sold them for his own profit at a Bloomington pawn shop.
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Information from: The Pantagraph, http://www.pantagraph.com
Officer Matthew Leavitt Pleads Guilty to Beating Twan Reynolds
Kaleigha Reynolds was just 4 years old, sitting in her car seat and drinking some juice, when a police car with lights flashing pulled in front of her parents' car in Montgomery.
She didn't understand what was happening as Montgomery Police Officer Matthew Leavitt pulled her parents from the car and then started beating her dad on Sept. 26.
Leavitt pleaded guilty to two misdemeanor civil-rights violations in federal court on Monday. Leavitt pleaded to beating Twan Reynolds with a slap jack and illegally charging his wife, Lauren Reynolds, with driving under the influence.
Chief U.S. District Judge Joseph R. Goodwin accepted the plea.
After watching Leavitt plead guilty, Twan Reynolds said Monday he remembered hearing his daughter's screams that night. He said Kaleigha was terrified by what happened.
Lauren Reynolds said she first saw Leavitt that day as she was in line at a concession stand at a football game.
"He was standing behind me, looking at me," she said. "He kept rocking back and forth. ... I got an eerie feeling from it. It was chilling."
When they left the football game, the Reynolds family stopped at the local Go-Mart to put air in a car tire. The machine was broken, and they drove to the 7-Eleven.
There Leavitt and Officer Shawn Hutchinson pulled Lauren Reynolds from the car, telling her it sounded like she was slurring her words. They looked at her license, which had a St. Albans address.
"They said, 'You're a little St. Albans girl. You haven't had the privilege of being introduced to the Montgomery police yet," Lauren Reynolds said.
Twan Reynolds started talking to the two officers as he also tried to calm his daughter.
"She was crying and I was trying to look back at her," he said. "From that point it just got out of hand."
'This ain't no rap movie'
Leavitt and Hutchinson pulled Twan Reynolds out of his car and tried to handcuff him. When Reynolds told the men he hadn't done anything that justified arrest, Leavitt pulled out a slap jack -- a small weapon with a weight at the end -- and hit him in the face with it, according to Montgomery Police Lt. J.D. Burrow.
In December, Burrow told the Gazette that Leavitt and Hutchinson threatened to arrest him when he tried to stop them from attacking Reynolds.
"These guys were on their own. They felt like they could do what they want," Burrow said at the time. "It seemed like they always had that little leeway to do what they wanted to, to me."
Chuck Miller, U.S. Attorney for the Southern District of West Virginia, handled the case himself. He pointed out in the courtroom that slap jacks have been outlawed for police use because they can kill.
She didn't understand what was happening as Montgomery Police Officer Matthew Leavitt pulled her parents from the car and then started beating her dad on Sept. 26.
Leavitt pleaded guilty to two misdemeanor civil-rights violations in federal court on Monday. Leavitt pleaded to beating Twan Reynolds with a slap jack and illegally charging his wife, Lauren Reynolds, with driving under the influence.
Chief U.S. District Judge Joseph R. Goodwin accepted the plea.
After watching Leavitt plead guilty, Twan Reynolds said Monday he remembered hearing his daughter's screams that night. He said Kaleigha was terrified by what happened.
Lauren Reynolds said she first saw Leavitt that day as she was in line at a concession stand at a football game.
"He was standing behind me, looking at me," she said. "He kept rocking back and forth. ... I got an eerie feeling from it. It was chilling."
When they left the football game, the Reynolds family stopped at the local Go-Mart to put air in a car tire. The machine was broken, and they drove to the 7-Eleven.
There Leavitt and Officer Shawn Hutchinson pulled Lauren Reynolds from the car, telling her it sounded like she was slurring her words. They looked at her license, which had a St. Albans address.
"They said, 'You're a little St. Albans girl. You haven't had the privilege of being introduced to the Montgomery police yet," Lauren Reynolds said.
Twan Reynolds started talking to the two officers as he also tried to calm his daughter.
"She was crying and I was trying to look back at her," he said. "From that point it just got out of hand."
'This ain't no rap movie'
Leavitt and Hutchinson pulled Twan Reynolds out of his car and tried to handcuff him. When Reynolds told the men he hadn't done anything that justified arrest, Leavitt pulled out a slap jack -- a small weapon with a weight at the end -- and hit him in the face with it, according to Montgomery Police Lt. J.D. Burrow.
In December, Burrow told the Gazette that Leavitt and Hutchinson threatened to arrest him when he tried to stop them from attacking Reynolds.
"These guys were on their own. They felt like they could do what they want," Burrow said at the time. "It seemed like they always had that little leeway to do what they wanted to, to me."
Chuck Miller, U.S. Attorney for the Southern District of West Virginia, handled the case himself. He pointed out in the courtroom that slap jacks have been outlawed for police use because they can kill.
Two Officer & Dispatcher on Trial for Brutalizing Woman with Taser
Two Newburgh Heights police officers and a dispatcher are standing trial on charges they used tasers to brutalize a woman they arrested.
Kim Bankhead was pulled over by the two officers in november 2007 on suspicion of drunk driving. During her testimony on Monday, Bankhead admitted that she did not cooperate with Officer Joseph Szelenyi, but claims he used excessive force.
Bankhead told the jury, "he forced me around, slammed my head on the car to handcuff me." On the opening day of the felonious assault trial of Patrolman Szeleyni, fellow officer Bobby Hoover and Newburgh Heights dispatcher Christopher Minek, Bankhead testified that Officer Szelenyi tasered her multiple times after she was handcuffed.
When asked by assistant county prosecutor David Zimmerman why she was screaming "help me", Bankhead said "they were hurting me, I was scared to death and I was hurt."
Bankhead says after she was taken to the Newburgh Heights police station, she was chained to a bench and then tasered by Officer Bobby Hoover following an angry exchange of words.
When asked by Zimmerman how many time she was tasered while she was on the floor handcuffed, Bankhead said "it was just one after another."
But on cross examination, defense attorneys pointed out that Kim Bankhead later pleaded no contest to driving while intoxicated, and on the night she was arrested, was confrontational with the officers.
Attorney Mike Conway asked Bankhead "you're asked to get out of the vehicle and you said 'I'm not (bleep) going with you guys anywhere', right? Bankhead responded "I did say that."
Conway got Bankhead to admit that after she was taken to the police station, she tried to get away. Conway asked "you did escape from a handcuff, and what are the police officers supposed to do when you escape from a handcuff, just let you walk away?"
After prosecutors wrapped up their case Monday, the defense asked the judge to immediately find the three men not guilty, and in the case of the dispatcher, the judge granted their request.
Judge Brendan Sheehan ruled that there was no evidence or testimony that Christopher Minek had done anything wrong.
The dismissal of the charges lifts a cloud of suspicion that has followed Minek for the past year and a half.
Minek says "rough, we lost almost everything, now I can continue my career and go on, proves that we were right and we did the best that we can do."
Judge Sheehan will decide on Tuesday if Joseph Szelenyi and Bobby Hoover should be exonerated as well, or if their trial should continue.
Kim Bankhead was pulled over by the two officers in november 2007 on suspicion of drunk driving. During her testimony on Monday, Bankhead admitted that she did not cooperate with Officer Joseph Szelenyi, but claims he used excessive force.
Bankhead told the jury, "he forced me around, slammed my head on the car to handcuff me." On the opening day of the felonious assault trial of Patrolman Szeleyni, fellow officer Bobby Hoover and Newburgh Heights dispatcher Christopher Minek, Bankhead testified that Officer Szelenyi tasered her multiple times after she was handcuffed.
When asked by assistant county prosecutor David Zimmerman why she was screaming "help me", Bankhead said "they were hurting me, I was scared to death and I was hurt."
Bankhead says after she was taken to the Newburgh Heights police station, she was chained to a bench and then tasered by Officer Bobby Hoover following an angry exchange of words.
When asked by Zimmerman how many time she was tasered while she was on the floor handcuffed, Bankhead said "it was just one after another."
But on cross examination, defense attorneys pointed out that Kim Bankhead later pleaded no contest to driving while intoxicated, and on the night she was arrested, was confrontational with the officers.
Attorney Mike Conway asked Bankhead "you're asked to get out of the vehicle and you said 'I'm not (bleep) going with you guys anywhere', right? Bankhead responded "I did say that."
Conway got Bankhead to admit that after she was taken to the police station, she tried to get away. Conway asked "you did escape from a handcuff, and what are the police officers supposed to do when you escape from a handcuff, just let you walk away?"
After prosecutors wrapped up their case Monday, the defense asked the judge to immediately find the three men not guilty, and in the case of the dispatcher, the judge granted their request.
Judge Brendan Sheehan ruled that there was no evidence or testimony that Christopher Minek had done anything wrong.
The dismissal of the charges lifts a cloud of suspicion that has followed Minek for the past year and a half.
Minek says "rough, we lost almost everything, now I can continue my career and go on, proves that we were right and we did the best that we can do."
Judge Sheehan will decide on Tuesday if Joseph Szelenyi and Bobby Hoover should be exonerated as well, or if their trial should continue.
Sunday, July 05, 2009
Officer Gregory Mickel Charged with Sexual Assault
A San Antonio police officer is charged with sexual assault after a woman claims the officer raped her in the back of a police car while he was on patrol.
The woman had previous arrests for prostitution, and she claims she was in a truck with another man on June 26th when Officer Gregory Mickel pulled them over.
The woman says she was forced to have sex in the patrol car.
The affidavit for the arrest warrant states, “The defendant told the complainant that he was going to arrest her for her third count of prostitution and take her to jail for a felony charge if she did not have sex with him.”
The woman says she was then dropped off at a home. That’s when she says she called 911 to report she’d been raped. The woman says Mickel was one of the officers that responded to the call, and he took responsibility for writing up the report. But computer records show he never reported the sexual assaulted and instead elected to close the call.
The police computer and GPS are backing up the woman’s story, they showed that on that night Micklel’s car was at the exact location where the assault occurred.
Mickel has bonded out of jail on Sunday.
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More Information: http://www.mysanantonio.com/news/local_news/49941522.html
The woman had previous arrests for prostitution, and she claims she was in a truck with another man on June 26th when Officer Gregory Mickel pulled them over.
The woman says she was forced to have sex in the patrol car.
The affidavit for the arrest warrant states, “The defendant told the complainant that he was going to arrest her for her third count of prostitution and take her to jail for a felony charge if she did not have sex with him.”
The woman says she was then dropped off at a home. That’s when she says she called 911 to report she’d been raped. The woman says Mickel was one of the officers that responded to the call, and he took responsibility for writing up the report. But computer records show he never reported the sexual assaulted and instead elected to close the call.
The police computer and GPS are backing up the woman’s story, they showed that on that night Micklel’s car was at the exact location where the assault occurred.
Mickel has bonded out of jail on Sunday.
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More Information: http://www.mysanantonio.com/news/local_news/49941522.html
Sgt Mark Fitzpatrick Being Investigated for Several Sexual Misconducts
For days after he allegedly sexually assaulted a woman during a May 2008 traffic stop, Los Angeles County Sheriff's Sgt. Mark Fitzpatrick left messages on the woman's home phone in an effort to see her again, according to audio recordings obtained by The Times.
"I just want to call and tell you good night," the married sergeant said during a 4:22 a.m. call, made just hours after the alleged assault. "I can't wait to talk to you soon."
Four days later, when his messages apparently went unanswered, he struck a more desperate tone.
"Getting the hint you don't want me to call and bug you anymore," Fitzpatrick said. "I hope I am wrong. . . . I really like you."
Prosecutors last month charged Fitzpatrick with sexually assaulting the 31-year-old single mother from Downey. They allege he pulled her over, threatened to arrest or deport her and then touched her genitals against her will.
That same month, he sexually abused two other women while on duty, prosecutors said.
Fitzpatrick, through his attorney, has denied any wrongdoing.
According to interviews and law enforcement records, these are not the first accusations of sexual misconduct against Fitzpatrick during his 19 years with the Sheriff's Department.
County prosecutors reviewed a similar on-duty sexual assault complaint against him 10 years ago but declined to file criminal charges because of insufficient evidence, according to records of the district attorney's office.
And Sheriff's Department officials had investigated charges that he exposed himself to women twice while off duty, law enforcement sources said.
"The pattern here makes it a most troublesome case," said Michael Gennaco, head of the county's Office of Independent Review, a county watchdog agency.
"It is unfortunate that more wasn't done in 1999 to identify additional victims," he said.
District attorney spokeswoman Jane Robison said prosecutors were aware of other accusations, "but we aren't going to comment on the exact number yet, or the circumstances."
The charges against Fitzpatrick and the evidence that the department knew of previous allegations underscore the problem law enforcement agencies face in dealing with charges of sexual assaults by officers.
Sexual assault cases in general are often difficult to prove because of the lack of witnesses other than the accuser and accused.
The problem is even more difficult when the person alleged to have committed the assault is a sworn officer.
Although authorities have declined to release many details about the current allegations against Fitzpatrick, the woman has filed a civil lawsuit in which she gives her version of events.
She said she was driving in Paramount at 2:50 a.m. when Fitzpatrick pulled her over and questioned her about being drunk. She alleges that he said he suspected she was drunk and informed her she was driving on a suspended license and without insurance.
Fitzpatrick asked her what she would do to avoid going to jail and then asked her to show him her breasts. He touched her breast, the suit states. Fitzpatrick then followed the woman to her home and in the driveway touched her genitals, the suit alleges.
That allegation is similar to what another woman told authorities Fitzpatrick did to her on June 26, 1999. According to district attorney records, Fitzpatrick and his patrol partner stopped a car they suspected was being driven by someone under the influence of alcohol.
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More of the story: http://www.latimes.com/news/local/la-me-sheriff5-2009jul05,0,2474245.story
"I just want to call and tell you good night," the married sergeant said during a 4:22 a.m. call, made just hours after the alleged assault. "I can't wait to talk to you soon."
Four days later, when his messages apparently went unanswered, he struck a more desperate tone.
"Getting the hint you don't want me to call and bug you anymore," Fitzpatrick said. "I hope I am wrong. . . . I really like you."
Prosecutors last month charged Fitzpatrick with sexually assaulting the 31-year-old single mother from Downey. They allege he pulled her over, threatened to arrest or deport her and then touched her genitals against her will.
That same month, he sexually abused two other women while on duty, prosecutors said.
Fitzpatrick, through his attorney, has denied any wrongdoing.
According to interviews and law enforcement records, these are not the first accusations of sexual misconduct against Fitzpatrick during his 19 years with the Sheriff's Department.
County prosecutors reviewed a similar on-duty sexual assault complaint against him 10 years ago but declined to file criminal charges because of insufficient evidence, according to records of the district attorney's office.
And Sheriff's Department officials had investigated charges that he exposed himself to women twice while off duty, law enforcement sources said.
"The pattern here makes it a most troublesome case," said Michael Gennaco, head of the county's Office of Independent Review, a county watchdog agency.
"It is unfortunate that more wasn't done in 1999 to identify additional victims," he said.
District attorney spokeswoman Jane Robison said prosecutors were aware of other accusations, "but we aren't going to comment on the exact number yet, or the circumstances."
The charges against Fitzpatrick and the evidence that the department knew of previous allegations underscore the problem law enforcement agencies face in dealing with charges of sexual assaults by officers.
Sexual assault cases in general are often difficult to prove because of the lack of witnesses other than the accuser and accused.
The problem is even more difficult when the person alleged to have committed the assault is a sworn officer.
Although authorities have declined to release many details about the current allegations against Fitzpatrick, the woman has filed a civil lawsuit in which she gives her version of events.
She said she was driving in Paramount at 2:50 a.m. when Fitzpatrick pulled her over and questioned her about being drunk. She alleges that he said he suspected she was drunk and informed her she was driving on a suspended license and without insurance.
Fitzpatrick asked her what she would do to avoid going to jail and then asked her to show him her breasts. He touched her breast, the suit states. Fitzpatrick then followed the woman to her home and in the driveway touched her genitals, the suit alleges.
That allegation is similar to what another woman told authorities Fitzpatrick did to her on June 26, 1999. According to district attorney records, Fitzpatrick and his patrol partner stopped a car they suspected was being driven by someone under the influence of alcohol.
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More of the story: http://www.latimes.com/news/local/la-me-sheriff5-2009jul05,0,2474245.story
Saturday, July 04, 2009
Trooper Sgt. CD Jones Arrested for DWI
NC Highway Patrol is man short after firing an off duty Trooper Friday. They say Sergeant CD Jones, 48, was in a traffic crash and during the investigation he was charged with a DWI.
In a news release sent out late Friday, Cpt. Everette Clendenin with Highway Patrol said the incident happened around 9:21pm Thursday night. He said Jones sideswiped an SUV while traveling northbound on Lewisville-Clemmons Road in Forsyth County.
During the investigation Troopers charged him with DWI after his BAC registered point twenty-two (.22).
Friday, Jones was relieved of his duties as a state trooper. Jones joined the Patrol in December 1985 and had been working out of the Winston-Salem office.
The highway Patrol is conducting an internal investigation.
In a news release sent out late Friday, Cpt. Everette Clendenin with Highway Patrol said the incident happened around 9:21pm Thursday night. He said Jones sideswiped an SUV while traveling northbound on Lewisville-Clemmons Road in Forsyth County.
During the investigation Troopers charged him with DWI after his BAC registered point twenty-two (.22).
Friday, Jones was relieved of his duties as a state trooper. Jones joined the Patrol in December 1985 and had been working out of the Winston-Salem office.
The highway Patrol is conducting an internal investigation.
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Friday, July 03, 2009
Deputy Joseph McKinney Charged with Sending Naked Photos to Teen
Marion County sheriff’s deputy has been charged with sending photos of himself posing naked to a 17-year-old girl’s cell phone.
A criminal complaint filed in Marion County Magistrate Court charged Cpl. Joseph B. McKinney with felony distribution and display of obscene matter to a minor. McKinney, a Worthington resident, posted $5,000 bond Thursday after State Police arrested him.
Marion County Sheriff Joe Carpenter says the 43-year-old McKinney has been placed on administrative leave.
It wasn’t immediately known whether McKinney had an attorney. A call to Magistrate Court went unanswered Friday.
A criminal complaint filed in Marion County Magistrate Court charged Cpl. Joseph B. McKinney with felony distribution and display of obscene matter to a minor. McKinney, a Worthington resident, posted $5,000 bond Thursday after State Police arrested him.
Marion County Sheriff Joe Carpenter says the 43-year-old McKinney has been placed on administrative leave.
It wasn’t immediately known whether McKinney had an attorney. A call to Magistrate Court went unanswered Friday.
Officer Donnie Breeden Arrested for Hit and Run
Pittsburgh Police arrested a Crafton Police officer this morning on charges he struck and killed a 24-year-old man with his vehicle, then fled from the scene, two years ago in the South Side.
Donnie L. Breeden, 38, of Green Tree, turned himself in this morning at police headquarters in the North Side. He was taken to the Allegheny County Jail and was being arraigned this afternoon on charges of involuntary manslaughter and causing an accident involving death or personal injury.
Assistant Police Chief Maurita Bryant said investigators received an anonymous tip three days ago leading them to Breeden.
"We were able to obtain a warrant for — I don't even want to say officer — for Breeden," Bryant said at a news conference this afternoon. "This is like a slap in the face for every police officer who honors the badge. You stop, you render aid and you wait for officers to arrive. ... He chose to keep going and keep it a secret all this time."
Police have examined Breeden's vehicle — a 2003 Chevy Trailblazer — and found areas that have been repaired, Bryant said.
The victim, David Hall of Moon, died after he was struck first by Breeden's vehicle, and then by two others, at about 11:40 p.m. July 20, 2007 in the westbound lane near the Duquesne Incline, police said.
More people could be charged, Bryant said, adding that some of Breeden's "acquaintances" were following him in another vehicle and saw him hit Hall. The group was driving to a bar or club in the South Side, she said.
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Other Information: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_632426.html
Donnie L. Breeden, 38, of Green Tree, turned himself in this morning at police headquarters in the North Side. He was taken to the Allegheny County Jail and was being arraigned this afternoon on charges of involuntary manslaughter and causing an accident involving death or personal injury.
Assistant Police Chief Maurita Bryant said investigators received an anonymous tip three days ago leading them to Breeden.
"We were able to obtain a warrant for — I don't even want to say officer — for Breeden," Bryant said at a news conference this afternoon. "This is like a slap in the face for every police officer who honors the badge. You stop, you render aid and you wait for officers to arrive. ... He chose to keep going and keep it a secret all this time."
Police have examined Breeden's vehicle — a 2003 Chevy Trailblazer — and found areas that have been repaired, Bryant said.
The victim, David Hall of Moon, died after he was struck first by Breeden's vehicle, and then by two others, at about 11:40 p.m. July 20, 2007 in the westbound lane near the Duquesne Incline, police said.
More people could be charged, Bryant said, adding that some of Breeden's "acquaintances" were following him in another vehicle and saw him hit Hall. The group was driving to a bar or club in the South Side, she said.
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Other Information: http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_632426.html
Terrance Releford Wins Lawsuit Against Tukwila Police
A homeless felon, who was zapped with two Tasers simultaneously -- twice -- during a 2006 arrest, has settled his federal civil-rights lawsuit against Tukwila police for $12,500, according to his attorney.
The settlement comes after a federal judge ruled that the two officers violated the rights of Terrance Releford and were too quick to use their Tasers after confronting Releford outside a Tukwila convenience store to arrest him on outstanding misdemeanor warrants on June 5, 2006.
According to court documents and police reports, Releford -- who stands 6-foot-5 and weighs upward of 300 pounds -- found himself between two Tukwila officers, both armed with Tasers.
Both officers ordered him to turn around. When he hesitated at the conflicting commands, the officers fired their stun guns simultaneously, knocking him to the ground with a combined 100,000 volts, the documents say.
A third officer was present, but didn’t participate and wasn’t sued.
While on the ground, the officers ordered him to roll onto his stomach and place his arms behind his back, according to the documents. Releford rolled over, but claims he didn’t hear the command to put his hands behind his back, according to his Seattle attorney, Lynne Wilson.
When he hesitated, the officers simultaneously Tasered him a second time, just nine seconds after the first jolt, according to court records.
Releford sued without the help of an attorney and argued his case alone. Last fall, a federal magistrate judge found that officers Josh Vivet and Mike Richardson used excessive force and recommended the case go to trial. U.S. Magistrate Judge Mary Alice Theiler also recommended that a federal judge appoint an attorney to help the 40-year-old Releford prepare his case.
In late February, U.S. District Judge Ricardo Martinez adopted most of Theiler’s recommendations and appointed Wilson to represent Releford, who has been either in a halfway house or prison since the incident.
He’s currently serving a four-year term for escape at McNeil Island Correctional Center and was not available for comment.
Telephone messages left with Tukwila City attorney Shelley Kerslake and the firm that represented the city, Keating Buckland & McCormick, were not returned Thursday.
A police internal investigation had cleared both officers of claims they had used excessive force.
Wilson said the city and Releford participated in negotiations earlier this week that ended with the settlement.
“Mr. Releford is very pleased with this outcome,” she said. “This incident was very painful. He had serious emotional issues afterward.”
Among the factors driving the settlement, she said, was that Releford -- despite his size and a long history of run-ins with the law -- had never been violent toward officers. In fact, she said, records showed that Vivet had arrested Releford six times in the eight months before the incident, all without incident.
The city dropped resisting-arrest charges that were filed by the officers after the incident, she said.
“He didn’t resist,” she said. “They just didn’t give him time to comply.”
She said the officers didn’t adequately consider their other options before resorting to the use of Tasers, she said. Theiler, in her report, pointed out that the officers had Releford outnumbered 3-1.
The settlement comes after a federal judge ruled that the two officers violated the rights of Terrance Releford and were too quick to use their Tasers after confronting Releford outside a Tukwila convenience store to arrest him on outstanding misdemeanor warrants on June 5, 2006.
According to court documents and police reports, Releford -- who stands 6-foot-5 and weighs upward of 300 pounds -- found himself between two Tukwila officers, both armed with Tasers.
Both officers ordered him to turn around. When he hesitated at the conflicting commands, the officers fired their stun guns simultaneously, knocking him to the ground with a combined 100,000 volts, the documents say.
A third officer was present, but didn’t participate and wasn’t sued.
While on the ground, the officers ordered him to roll onto his stomach and place his arms behind his back, according to the documents. Releford rolled over, but claims he didn’t hear the command to put his hands behind his back, according to his Seattle attorney, Lynne Wilson.
When he hesitated, the officers simultaneously Tasered him a second time, just nine seconds after the first jolt, according to court records.
Releford sued without the help of an attorney and argued his case alone. Last fall, a federal magistrate judge found that officers Josh Vivet and Mike Richardson used excessive force and recommended the case go to trial. U.S. Magistrate Judge Mary Alice Theiler also recommended that a federal judge appoint an attorney to help the 40-year-old Releford prepare his case.
In late February, U.S. District Judge Ricardo Martinez adopted most of Theiler’s recommendations and appointed Wilson to represent Releford, who has been either in a halfway house or prison since the incident.
He’s currently serving a four-year term for escape at McNeil Island Correctional Center and was not available for comment.
Telephone messages left with Tukwila City attorney Shelley Kerslake and the firm that represented the city, Keating Buckland & McCormick, were not returned Thursday.
A police internal investigation had cleared both officers of claims they had used excessive force.
Wilson said the city and Releford participated in negotiations earlier this week that ended with the settlement.
“Mr. Releford is very pleased with this outcome,” she said. “This incident was very painful. He had serious emotional issues afterward.”
Among the factors driving the settlement, she said, was that Releford -- despite his size and a long history of run-ins with the law -- had never been violent toward officers. In fact, she said, records showed that Vivet had arrested Releford six times in the eight months before the incident, all without incident.
The city dropped resisting-arrest charges that were filed by the officers after the incident, she said.
“He didn’t resist,” she said. “They just didn’t give him time to comply.”
She said the officers didn’t adequately consider their other options before resorting to the use of Tasers, she said. Theiler, in her report, pointed out that the officers had Releford outnumbered 3-1.
Judge John Thaddeus Doyle Arrested for Drunk Driving
A Los Angeles County Superior Court judge was arrested for suspicion of drunken driving in Baldwin Hills.
Judge John Thaddeus Doyle, 56, was arrested around 11:15 p.m. Thursday by officers from the Los Angeles Police Department's South Traffic Division, according to the Los Angeles County Sheriff's Department.
Doyle was pulled over in the 4500 block of Don Felipe Drive, near La Brea Avenue, for a traffic violation, the Los Angeles Times reported.
Doyle was released at 4:36 a.m. today on $30,000 bail.
Doyle is assigned to courthouses in Compton and Glendale.
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http://www.mercurynews.com/breakingnews/ci_12751716?nclick_check=1
Judge John Thaddeus Doyle, 56, was arrested around 11:15 p.m. Thursday by officers from the Los Angeles Police Department's South Traffic Division, according to the Los Angeles County Sheriff's Department.
Doyle was pulled over in the 4500 block of Don Felipe Drive, near La Brea Avenue, for a traffic violation, the Los Angeles Times reported.
Doyle was released at 4:36 a.m. today on $30,000 bail.
Doyle is assigned to courthouses in Compton and Glendale.
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http://www.mercurynews.com/breakingnews/ci_12751716?nclick_check=1
Officer James Rashad Eldridge Arrested for Domestic Violence
A Wilmington police officer is in custody at the Brunswick County jail, said Beth Boling, an assistant to the sheriff.
James Rashad Eldridge, who has worked for the Wilmington Police Department since August 2006, was charged with assault on a female, according to reports.
Boling said Eldridge, of Leland, was arrested Wednesday night.
An arrest warrant charging Eldridge with a misdemeanor says he kicked a woman in the head and grabbed her arms.
A domestic violence form filed in connection with the case says a gun was involved in the incident, but doesn’t say how. The form also identifies the victim as Eldridge’s spouse. The form says there is a prior history of documented domestic violence allegations between Eldridge and the victim. But there was no restraining order in place at the time of the incident, the form says.
Eldridge, 32, has worked as a patrol officer since Jan. 31, 2007, after he completed his training, said WPD spokeswoman Lucy Crockett.
After his arrest, Eldridge was put on leave without pay, pending the outcome of an internal investigation by the police department, Crockett said.
His bond was set at $5,000, and he waived his right to a court-appointed attorney, according to the Brunswick County clerk of court’s office.
Woman Accuses San Antonio Officer of Sexual Assault
City police are investigating a complaint from a woman who says she was sexually assaulted by a uniformed officer who was on duty. San Antonio police say the woman told them the alleged incident happened last Friday night on the East Side.
A spokeswoman for the police department said that the 46-year-old woman who filed the complaint had a couple of different versions of the events. One is that she was sexually assaulted in a wooded area; the other is that she was sexually assaulted in a patrol car.
Police Chief Bill McManus says, "The San Antonio Police Department does not and will not tolerate such conduct, so we'll wait to see how this plays out and take whatever action necessary."
McManus says the investigation has been turned over to the Internal Affairs Department and the department is "moving very swiftly to complete that investigation."
SAPD is not releasing the officer's name because he is not facing any charges at this time and there isn't a warrant for his arrest. The officer is a four-year veteran of the force and he is on administrative leave pending the outcome of the investigation.
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Information: http://www.mysanantonio.com/news/local_news/49772662.html
A spokeswoman for the police department said that the 46-year-old woman who filed the complaint had a couple of different versions of the events. One is that she was sexually assaulted in a wooded area; the other is that she was sexually assaulted in a patrol car.
Police Chief Bill McManus says, "The San Antonio Police Department does not and will not tolerate such conduct, so we'll wait to see how this plays out and take whatever action necessary."
McManus says the investigation has been turned over to the Internal Affairs Department and the department is "moving very swiftly to complete that investigation."
SAPD is not releasing the officer's name because he is not facing any charges at this time and there isn't a warrant for his arrest. The officer is a four-year veteran of the force and he is on administrative leave pending the outcome of the investigation.
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Information: http://www.mysanantonio.com/news/local_news/49772662.html
11 Boston Officers Suspended for Steroid Abuse
Several Boston police officers have been suspended in connection with a three-year investigation into steroid abuse that involved improper conduct at an after-hours club.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
In all, 11 officers were disciplined, including two detectives. The discipline ranged from a written reprimand to an 80-day suspension.
Investigators identified 24 Factory Street in Hyde Park as an after-hours party location. The facility is no longer an after-hours club. But in 2006, police said it was used by disgraced Boston Police Officer Roberto Polido and other officers for sex and drugs, including steroids.
Polido pleaded guilty to his crimes, and two other Boston police officers were also charged in the corruption probe.
The Boston Police Department commissioner announced an end to the investigation and disciplined more officers for their role in the scandal.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
Davis said the department has learned lessons from the investigation and that changes have been made.
"I'm exploring the possible of including steroid testing in the annual drug testing policy," he said.
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http://wbztv.com/local/police.steroid.abuse.2.1069391.html
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
In all, 11 officers were disciplined, including two detectives. The discipline ranged from a written reprimand to an 80-day suspension.
Investigators identified 24 Factory Street in Hyde Park as an after-hours party location. The facility is no longer an after-hours club. But in 2006, police said it was used by disgraced Boston Police Officer Roberto Polido and other officers for sex and drugs, including steroids.
Polido pleaded guilty to his crimes, and two other Boston police officers were also charged in the corruption probe.
The Boston Police Department commissioner announced an end to the investigation and disciplined more officers for their role in the scandal.
"I am disappointed with the actions of the officers disciplined in this matter. With this chapter finally closed, the department will move forward with improved policies and practices resulting from difficult lessons learned. We remain steadfast in our dedication to preserving the integrity of our department by taking every measure to prevent and when necessary uncover officer misconduct," Boston Police Commissioner Ed Davis said.
Davis said the department has learned lessons from the investigation and that changes have been made.
"I'm exploring the possible of including steroid testing in the annual drug testing policy," he said.
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http://wbztv.com/local/police.steroid.abuse.2.1069391.html
Corrections Officer Michelle Hung Charged with Helping Inmate Escape
A corrections officer has been charged with helping an inmate escape, deputies said.
The Osceola County Sheriff's Office has charged corrections officer Michelle Hung with 13 felonies for her involvement with Angel Santiago's attempted escape from the Osceola County Jail on June 22.
Detectives said Hung and Santiago had developed an elaborate plan for Santiago's escape.
Hung was charged with filing a false police report after detectives showed her evidence, which contradicted her statements about the escape attempt, the sheriff's office said.
In addition, Hung was charged as principal to all of the felonies Santiago was charged with, including kidnapping, armed robbery, aggravated assault, attempted escape, two counts of introducing contraband into a detention facility, possession of a firearm by a convicted felon, impersonating an officer and resisting with violence.
Hung is also charged with two counts each of depriving an officer of means of protection and unlawful use of a two-way communication device.
The Osceola County Sheriff's Office has charged corrections officer Michelle Hung with 13 felonies for her involvement with Angel Santiago's attempted escape from the Osceola County Jail on June 22.
Detectives said Hung and Santiago had developed an elaborate plan for Santiago's escape.
Hung was charged with filing a false police report after detectives showed her evidence, which contradicted her statements about the escape attempt, the sheriff's office said.
In addition, Hung was charged as principal to all of the felonies Santiago was charged with, including kidnapping, armed robbery, aggravated assault, attempted escape, two counts of introducing contraband into a detention facility, possession of a firearm by a convicted felon, impersonating an officer and resisting with violence.
Hung is also charged with two counts each of depriving an officer of means of protection and unlawful use of a two-way communication device.
Officer Charged IMAGES:
David Cade Arrested for Having Sexual Encounter with Inmate
A Dallas County jail guard has been arrested for having some sort of sexual encounter with an inmate.
It's unclear exactly what David Cade allegedly did because the Dallas County Sheriff's Department won't say -- even though they have arrested him and charged him.
Raul Reyna, a sheriff's spokesman, said Cade faces two charges of improper sexual activity with a person in custody. He said Cade was arrested yesterday when he came in to be interviewed at the sheriff's criminal investigations division about 1 p.m.
Cade was released early this morning on bond (set at $2,500 for each charge), Reyna said.
Thursday, July 02, 2009
Officer Gregory Zach Investigated for Punching Woman
The Stamford Police Department is investigating the conduct of a police officer who assaulted a woman during an arrest last week.
According to Lt. Sean Cooney, Officer Gregory Zach punched Brenda Mazariegos, 40, while arresting her for driving without a license Friday in the parking lot behind The Palms nightclub - a nightclub Mazariegos owns.
A photograph of a Mazariegos, that has been splashed on local newspapers and TV stations, shows the victim with a large bump on her head - a result from her alleged assault by the officer.
Mazariegos has yet to file a formal complaint, but it's not preventing the department from investigating the incident.
Cooney told PIX News that officials are pursuing the investigation due in part by the serious allegations and the fact that the incident occurred at a public event. The release of the photograph has made the incident a high-profile case, prompting a probe in the assault, he added.
According to Cooney, the officer is not denying that he assaulted Mazariegos and in fact says the woman was the one who attacked him first, forcing him to protect himself by punching her back, he said.
A surveillance video from the parking lot where the assault occurred has surfaced, however investigators say the video is too grainy to make anything out.
"We hold our officers to very high standards and know that the public is entitled to expect nothing less," said Cooney.
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http://www.stamfordadvocate.com/ci_12736236?source=most_viewed
Former Officer Mike Shamahs Sentenced to 19 Years
A federal judge sentenced a former Chicago police officer to more than 19 years in prison Thursday for raiding a storage locker and stealing what he believed was $30,000 in drug cash.
U.S. District Judge Robert Gettleman said he believes there are two Mahmoud "Mike" Shamahs -- one the loving husband of a schoolteacher and father of a 4-year-old boy and the other a South Side tactical officer who thought he could brazenly steal on the job.
Some of the victims were drug dealers who had a few hundred dollars taken from them at a time, the judge noted.
"But the most direct victims are the people you love the most," Gettleman told Shamah before sentencing him to 19 years and 4 months in prison. "I'm sorry you didn't think about that before you did your first robbery."
A federal jury convicted Shamah in December of racketeering and conspiracy in a series of robberies while working in the Morgan Park District with partner Richard Doroniuk. They were snared in an FBI sting in 2006.
Doroniuk testified against his partner at the trial, saying officers routinely carried a little crack cocaine to plant on suspects when searches came up empty and stole cash from drug dealers during raids and traffic stops. He also said they routinely paid informants, falsified reports, lied in court and even kicked back cash to an undisclosed judge for pushing through a bogus warrant.
Gettleman said he thought federal guidelines that called for a minimum sentence of about 24 years in prison were too harsh, especially because Doroniuk was sentenced to less than 11 years earlier this week.
Shamah, dressed in a gray pinstriped suit, pulled a prepared statement from a jacket pocket and pleaded for mercy. He said he took responsibility for his actions, but he also blamed a system that stresses arrests over good policework for eroding how he thought of his duties.
"I lost respect for my job, your honor," Shamah said. "I lost the police officer I wanted to be."
Assistant U.S. Atty. Meghan Morrissey called for a stiffer sentence because Shamah used a weapon and body armor during the robberies.
Prosecutors said Shamah pocketed half of the $30,000 in the FBI sting and about $1,700 more from traffic stops and arrests.
Morrissey said Shamah contributed to the general distrust of the police.
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http://www.chicagobreakingnews.com/2009/07/former-cop-gets-to-19-years-in-prison.html
U.S. District Judge Robert Gettleman said he believes there are two Mahmoud "Mike" Shamahs -- one the loving husband of a schoolteacher and father of a 4-year-old boy and the other a South Side tactical officer who thought he could brazenly steal on the job.
Some of the victims were drug dealers who had a few hundred dollars taken from them at a time, the judge noted.
"But the most direct victims are the people you love the most," Gettleman told Shamah before sentencing him to 19 years and 4 months in prison. "I'm sorry you didn't think about that before you did your first robbery."
A federal jury convicted Shamah in December of racketeering and conspiracy in a series of robberies while working in the Morgan Park District with partner Richard Doroniuk. They were snared in an FBI sting in 2006.
Doroniuk testified against his partner at the trial, saying officers routinely carried a little crack cocaine to plant on suspects when searches came up empty and stole cash from drug dealers during raids and traffic stops. He also said they routinely paid informants, falsified reports, lied in court and even kicked back cash to an undisclosed judge for pushing through a bogus warrant.
Gettleman said he thought federal guidelines that called for a minimum sentence of about 24 years in prison were too harsh, especially because Doroniuk was sentenced to less than 11 years earlier this week.
Shamah, dressed in a gray pinstriped suit, pulled a prepared statement from a jacket pocket and pleaded for mercy. He said he took responsibility for his actions, but he also blamed a system that stresses arrests over good policework for eroding how he thought of his duties.
"I lost respect for my job, your honor," Shamah said. "I lost the police officer I wanted to be."
Assistant U.S. Atty. Meghan Morrissey called for a stiffer sentence because Shamah used a weapon and body armor during the robberies.
Prosecutors said Shamah pocketed half of the $30,000 in the FBI sting and about $1,700 more from traffic stops and arrests.
Morrissey said Shamah contributed to the general distrust of the police.
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http://www.chicagobreakingnews.com/2009/07/former-cop-gets-to-19-years-in-prison.html
Oregon Wrongful Death Settlement Reached Between the City of Sandy and the Family of Man Shot by Police
Last December, in the Portland, Oregon personal injury law firm blog post about a wrongful death case filed against the city of Sandy and a number of individuals over the police shooting death of a Gresham man. This week, an announcement was made that the family of 27-year-old Fouad Kaady has reached a $1 million settlement with the Oregon city and former police officer William J. Bergin.
Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.
To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.
Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.
The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.
By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.
Police BrutalityPolice are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.
Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.
Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.
Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009
$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009
Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008
Related Web Resources:Clackamas County, Oregon
Multnomah County
Truly Reforming Law Enforcement-Ending Police Brutality!
Kaady was burned, naked, and bleeding when Officer Bergin and Clackamas County sheriff's Deputy David E. Willard approached him on September 8, 2005. Kaady reportedly was behaving erratically and would not cooperate with police. He had also just rear-ended three motor vehicles and damaged the vehicle he was driving. According to witnesses, Kaady, who has a history of mental illness, was making wolf-like sounds.
To apprehend Kaady, police at first used a stun gun and shocked him several times. They then shot him seven times after he jumped on top of a police car.
Kaady’s family says that the reason he was in such a disturbed state was that the can of gas he was transporting caught on fire, which caused him to hit another motor vehicle. He ripped his clothes off to get away from the flames and was in need of help. The 27-year-old's family believes that he sustained head injuries during the crash that caused him to behave strangely.
The plaintiffs have accused police of not knowing how to deal with someone coping with mental illness. Their Oregon wrongful death lawsuit accused police of excessive use of force and civil rights violations.
By settling, the city of Sandy is not admitting liability. The family's Clackamas County wrongful death lawsuit against the County and Willard is still moving forward.
Police BrutalityPolice are never supposed to use excessive force in any situation. Police brutality is a civil rights violation and an abuse of police power that can be a reason for why a victim or his or her family might choose to file a Portland, Oregon personal injury lawsuit or wrongful death claim.
Just last week, the Multnomah County Board of Commissioners gave its stamp of approval for a $925,000 Portland, Oregon wrongful death settlement to be paid to the family of James Chasse for his police brutality-related death in 2006.
Police chased down Chasse after they spotted him urinating in public. There are conflicting reports as to how they apprehended him. However, he sustained 16 broken ribs and a punctured lung. Chasse died while being transported in a police car to a hospital. Chasse suffered from schizophrenia.
Multco board approves $925,000 payment for Chasse's family, KATU.com, July 2, 2009
$1 million settlement reached in 2005 shooting near Sandy, OregonLive.com, July 1, 2009
Oregon Wrongful Death Trial Alleging Police Brutality Toward Unarmed Portland Man Can Move Forward, Says Federal Judge, OregonInjuryLawyerBlog.com, December 1, 2008
Related Web Resources:Clackamas County, Oregon
Multnomah County
Truly Reforming Law Enforcement-Ending Police Brutality!
Detention Officer Gregory Heiser Arrested for Having Sex with 16-year-old
A 43-year-old detention officer at the Hernando County jail was arrested Tuesday on charges that he had sex with a 16-year-old girl.
The girl told Pasco deputies that in February and May, she had sex with Gregory C. Heiser of Hudson. Two juveniles told authorities they saw Heiser at the girl's bedroom window one night, and the girl later told them that Heiser told her that her pregnancy test came back negative.
According to the Pasco County Sheriff's Office, Heiser told the girl's mother that he was in love with the girl, who is not being identified because of the nature of the allegations. He gave the girl a cell phone and a key to his house, which deputies found and placed into evidence, the sheriff's report said.
Hernando jail Warden Russell Washburn said Heiser has been placed on paid leave while the jail conducts its own investigation into the allegations.
"Anytime a person in this industry finds themselves on the opposite side," Washburn said, "it's a blemish on the entire industry."
Heiser faces two charges of unlawful sexual activity with a minor. He is also being held on a warrant for a sexual battery charge involving a 39-year-old victim.
That victim told authorities that Heiser invited her to his home last year and sexually assaulted her, Pasco sheriff's spokesman Kevin Doll said. He declined to provide any further details, saying that case is under investigation.
Heiser has worked as a corrections officer for 13 years, starting in 1996 through 1999 at the Hernando County jail, according to his personnel file.
Since then, Heiser, who is divorced and has a son, has worked various stints for the state Department of Corrections and the Sumter and Pasco jails.
Heiser returned to the Hernando County jail for a second time in April 2008, but soon faced disciplinary action. He twice received written reprimands for sleeping at his post — once on the day he was hired.
In January, he again fell asleep at work, and received a three-day suspension without pay.
In April, he was suspended for three days without pay for violating security procedures involving an incident where corrections officers used excessive force on an inmate.
His annual review in 2008 said he "seriously compromises security when he is not attentive while on duty."
Records indicate Heiser was convicted of DUI charges in 1998 and 2008.
He remains at the Land O'Lakes jail for the latest charges on $70,000 bail.
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http://www2.hernandotoday.com/content/2009/jul/02/pa-jailer-finds-himself-behind-bars/
The girl told Pasco deputies that in February and May, she had sex with Gregory C. Heiser of Hudson. Two juveniles told authorities they saw Heiser at the girl's bedroom window one night, and the girl later told them that Heiser told her that her pregnancy test came back negative.
According to the Pasco County Sheriff's Office, Heiser told the girl's mother that he was in love with the girl, who is not being identified because of the nature of the allegations. He gave the girl a cell phone and a key to his house, which deputies found and placed into evidence, the sheriff's report said.
Hernando jail Warden Russell Washburn said Heiser has been placed on paid leave while the jail conducts its own investigation into the allegations.
"Anytime a person in this industry finds themselves on the opposite side," Washburn said, "it's a blemish on the entire industry."
Heiser faces two charges of unlawful sexual activity with a minor. He is also being held on a warrant for a sexual battery charge involving a 39-year-old victim.
That victim told authorities that Heiser invited her to his home last year and sexually assaulted her, Pasco sheriff's spokesman Kevin Doll said. He declined to provide any further details, saying that case is under investigation.
Heiser has worked as a corrections officer for 13 years, starting in 1996 through 1999 at the Hernando County jail, according to his personnel file.
Since then, Heiser, who is divorced and has a son, has worked various stints for the state Department of Corrections and the Sumter and Pasco jails.
Heiser returned to the Hernando County jail for a second time in April 2008, but soon faced disciplinary action. He twice received written reprimands for sleeping at his post — once on the day he was hired.
In January, he again fell asleep at work, and received a three-day suspension without pay.
In April, he was suspended for three days without pay for violating security procedures involving an incident where corrections officers used excessive force on an inmate.
His annual review in 2008 said he "seriously compromises security when he is not attentive while on duty."
Records indicate Heiser was convicted of DUI charges in 1998 and 2008.
He remains at the Land O'Lakes jail for the latest charges on $70,000 bail.
_________________
http://www2.hernandotoday.com/content/2009/jul/02/pa-jailer-finds-himself-behind-bars/
Wednesday, July 01, 2009
Probation Officer Joseph Nicholas Gama Charged with Child Molestation
That's what Shasta County Superior Court Judge Bradley Boeckman told jurors Tuesday before attorneys launched into their opening statements in the trial of a federal probation officer accused of molesting three children.
Joseph Nicholas Gama, 46, of Redding is charged with five counts of felony child molestation and three enhancements.
Deputy District Attorney Ben Hanna said that Gama is accused of molesting three young girls in two separate instances in the late 1990s or early 2000s and a third in the mid-2000s.
But, Hanna told jurors, they were not Gama's only victims. A fourth alleged victim was identified, but charges were not filed in that late 1980s case because the statute of limitations had expired. Hanna said that girl was about 13 when Gama befriended her, only to betray that trust.
"His crimes happened in secret, but now they are in the open," Hanna said after he described the alleged molestations in detail.
But Gama's defense attorney, Eric Berg of Redding, said his client is being unfairly railroaded, pure and simple.
One of the girls, he told jurors, said that she does not remember having been molested by Gama. The claims of a second girl were investigated in 2006 and dropped because of insufficient evidence, and the third girl suffers from a mental health condition that prevents her from giving or receiving affection, Berg said.
The fourth girl's story also is highly questionable because she has a history of making sexual molestation accusations, Berg said.
Berg said his client is above reproach, has long been a respected community member and was president of a youth soccer league. Gama is free in lieu of $350,000 bail.
Joseph Nicholas Gama, 46, of Redding is charged with five counts of felony child molestation and three enhancements.
Deputy District Attorney Ben Hanna said that Gama is accused of molesting three young girls in two separate instances in the late 1990s or early 2000s and a third in the mid-2000s.
But, Hanna told jurors, they were not Gama's only victims. A fourth alleged victim was identified, but charges were not filed in that late 1980s case because the statute of limitations had expired. Hanna said that girl was about 13 when Gama befriended her, only to betray that trust.
"His crimes happened in secret, but now they are in the open," Hanna said after he described the alleged molestations in detail.
But Gama's defense attorney, Eric Berg of Redding, said his client is being unfairly railroaded, pure and simple.
One of the girls, he told jurors, said that she does not remember having been molested by Gama. The claims of a second girl were investigated in 2006 and dropped because of insufficient evidence, and the third girl suffers from a mental health condition that prevents her from giving or receiving affection, Berg said.
The fourth girl's story also is highly questionable because she has a history of making sexual molestation accusations, Berg said.
Berg said his client is above reproach, has long been a respected community member and was president of a youth soccer league. Gama is free in lieu of $350,000 bail.
Officer Jeffrey Robinson Admitts to Slashing Homeless Man's Bike Tires
A police officer for Tarpon Springs has resigned after admitting to slashing a homeless man's bicycle tires.
The police officer said today it was retaliation.
Surveillance video from back in February shows officer Jeffrey Robinson taking the bike out of a storage unit.
His superiors said today that he took a knife, cut the tires on the bicycle, and put it back into storage.
The bike belonged to a homeless man named John Bilawsky, who Robinson arrested eight days earlier.
"According to officer Robinson, while he was transporting Mr. Bilawsky, Mr Bilawsky made several racial slurs against the officer and the officer stated he was damaging the bicycle in retaliation for those racial slurs," said Lt. Barb Templeton, with the Tarpon Springs Police Department.
The Tarpon Springs police say they were investigating Robinson, but he resigned before the investigation was complete.
This was the first time the officer ever faced disciplinary action.
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http://www.abcactionnews.com/news/local/story/Tarpon-police-officer-accused-of-slashing-mans/E2owj29IkUaEPFmbecNYRg.cspx
The police officer said today it was retaliation.
Surveillance video from back in February shows officer Jeffrey Robinson taking the bike out of a storage unit.
His superiors said today that he took a knife, cut the tires on the bicycle, and put it back into storage.
The bike belonged to a homeless man named John Bilawsky, who Robinson arrested eight days earlier.
"According to officer Robinson, while he was transporting Mr. Bilawsky, Mr Bilawsky made several racial slurs against the officer and the officer stated he was damaging the bicycle in retaliation for those racial slurs," said Lt. Barb Templeton, with the Tarpon Springs Police Department.
The Tarpon Springs police say they were investigating Robinson, but he resigned before the investigation was complete.
This was the first time the officer ever faced disciplinary action.
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http://www.abcactionnews.com/news/local/story/Tarpon-police-officer-accused-of-slashing-mans/E2owj29IkUaEPFmbecNYRg.cspx
Officer Craig Swistowicz Charged with Violating Civil Rights
A Chicago police officer has been indicted for allegedly using "unreasonable force" on a suspect, causing him injury, court documents said.
Officer Craig Swistowicz, 38, was charged with "depriving another individual of his civil rights in violation" of federal law. The indictment said the officer struck the alleged victim.
A statement from the Milwaukee U.S. attorney's office -- the Chicago office withdrew from the case to avoid a conflict of interest -- gave few details of the case. However, Swistowicz, a 12-year veteran, was a member of the federal-local High Intensity Drug Trafficking Area task force.
The alleged victim was identified in the indictment only as "J.P." and was said to have suffered an unspecified injury. Court documents did not identify the race of either the officer or the alleged victim.
The federal statement said since the arrested man allegedly suffered an injury from a blow by Swistowicz, if convicted the officer faces a fine of not more than $250,000, imprisonment for not more than 10 years, or both.
Officer Craig Swistowicz, 38, was charged with "depriving another individual of his civil rights in violation" of federal law. The indictment said the officer struck the alleged victim.
A statement from the Milwaukee U.S. attorney's office -- the Chicago office withdrew from the case to avoid a conflict of interest -- gave few details of the case. However, Swistowicz, a 12-year veteran, was a member of the federal-local High Intensity Drug Trafficking Area task force.
The alleged victim was identified in the indictment only as "J.P." and was said to have suffered an unspecified injury. Court documents did not identify the race of either the officer or the alleged victim.
The federal statement said since the arrested man allegedly suffered an injury from a blow by Swistowicz, if convicted the officer faces a fine of not more than $250,000, imprisonment for not more than 10 years, or both.
Former Sheriff Richard McElhaney Arrested for DUI
Former Grainger County Sheriff Richard McElhaney was arrested on a DUI charge Monday by the Tennessee Highway Patrol.
McElhaney, 55, is also charged with violating the implied consent law.
He was pulled over at 4:00 p.m. for weaving on Highway 11W west of Rutledge in the Joppa community as he drove a 1993 Chevrolet pick-up truck.
The Highway Patrol says McElhaney refused a breathalyzer test.
He was released from the Grainger County Jail on bond.
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http://www.wbir.com/news/local/story.aspx?storyid=91913&catid=2
Tuesday, June 30, 2009
Officer Ronald Debello Accused of Puncturing Tires
Shreveport Police Chief Henry Whitehorn has fired an officer accused of puncturing a tire on a vehicle parked May 2 in the 9000 block of Youree Drive in Shreveport.
Ronald Debello, 34, was dismissed late last week, police Cpl. Bill Goodin said.
Debello, a three-year member of the Police Department, had been on paid administrative leave since May 28, when he was issued a summons to appear in court on a charge of simple criminal property damage — a misdemeanor — and put on paid administrative leave, according to a police news release today.
A citizen reported seeing a uniformed officer get out of a marked patrol unit and puncture a vehicle tire.
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http://www.wxvt.com/Global/story.asp?S=10616442&nav=menu1344_2
Ronald Debello, 34, was dismissed late last week, police Cpl. Bill Goodin said.
Debello, a three-year member of the Police Department, had been on paid administrative leave since May 28, when he was issued a summons to appear in court on a charge of simple criminal property damage — a misdemeanor — and put on paid administrative leave, according to a police news release today.
A citizen reported seeing a uniformed officer get out of a marked patrol unit and puncture a vehicle tire.
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http://www.wxvt.com/Global/story.asp?S=10616442&nav=menu1344_2
Mother Watches Son Tasered to Death
It was a mother’s worst nightmare; her son tasered to death before her eyes. And the culprits, says a lawsuit, were the police.
The case came to a head last week, when a northeast Missouri city agreed to an indefinite moratorium on the use of stun guns and will pay $2.4 million to the man’s family.
Taser International, which makes the weapon, says Tasers are "incapable of causing death." The Department of Justice said Taser shock contributed to 36 deaths during arrests in 2003. Amnesty International documented 50 cases.
In August 2008, Athena Bachtel, watched as her son was tasered after arguing with Moberly police during a traffic stop. Stanley Harlan, 23, was stunned three times for a total of 31 seconds. He collapsed and went into cardiac arrest. For 14 minutes he received no medical attention. By the time paramedics arrived, it was too late.
Authorities have said Harlan was suspected of drunken driving. A statement from his family's lawyers said he was accused of speeding.
Bachtel sought the moratorium as a way to prevent other deaths, said the family's lead attorney, Stephen M. Ryals.
“The pursuit of justice for her son and specifically reforms of the behavior of Moberly police was paramount,” Ryals said. “The monetary settlement was really unimportant to her.”
Bachtel, along with Stanley Harlan's father and his 1-year-old son will share in the settlement.
The readout on the officers' Taser indicated Harlan was stunned three times, Ryals said. Harlan lost consciousness and died a short time later.
Calls to attorneys for the city Monday night were not immediately returned. But the city said in a news release that no fault was admitted in the settlement and its insurance company will pay the entire settlement.
“It is never the goal or desire of any police officer to cause or contribute to the death of any person,” the release said. “Mr. Harlan's death was certainly unanticipated and unintentional.”
The release from the city noted that the Missouri State Highway Patrol and the FBI investigated the death and found no evidence of criminal wrongdoing. No criminal charges were filed.
But Ryals said his clients haven't given up on the possibility of a criminal prosecution.
He said he also is considering a lawsuit against the maker of the stun gun, Taser International Inc. of Scottsdale, Ariz.
The stun gun moratorium in Moberly will continue until two town hall meetings have been held, and the police department has issued a revised Taser policy. The city also has agreed to assign at least one automatic external defibrillator to an on-duty patrol unit and require additional training on topics including recognizing and responding to medical distress.
The case came to a head last week, when a northeast Missouri city agreed to an indefinite moratorium on the use of stun guns and will pay $2.4 million to the man’s family.
Taser International, which makes the weapon, says Tasers are "incapable of causing death." The Department of Justice said Taser shock contributed to 36 deaths during arrests in 2003. Amnesty International documented 50 cases.
In August 2008, Athena Bachtel, watched as her son was tasered after arguing with Moberly police during a traffic stop. Stanley Harlan, 23, was stunned three times for a total of 31 seconds. He collapsed and went into cardiac arrest. For 14 minutes he received no medical attention. By the time paramedics arrived, it was too late.
Authorities have said Harlan was suspected of drunken driving. A statement from his family's lawyers said he was accused of speeding.
Bachtel sought the moratorium as a way to prevent other deaths, said the family's lead attorney, Stephen M. Ryals.
“The pursuit of justice for her son and specifically reforms of the behavior of Moberly police was paramount,” Ryals said. “The monetary settlement was really unimportant to her.”
Bachtel, along with Stanley Harlan's father and his 1-year-old son will share in the settlement.
The readout on the officers' Taser indicated Harlan was stunned three times, Ryals said. Harlan lost consciousness and died a short time later.
Calls to attorneys for the city Monday night were not immediately returned. But the city said in a news release that no fault was admitted in the settlement and its insurance company will pay the entire settlement.
“It is never the goal or desire of any police officer to cause or contribute to the death of any person,” the release said. “Mr. Harlan's death was certainly unanticipated and unintentional.”
The release from the city noted that the Missouri State Highway Patrol and the FBI investigated the death and found no evidence of criminal wrongdoing. No criminal charges were filed.
But Ryals said his clients haven't given up on the possibility of a criminal prosecution.
He said he also is considering a lawsuit against the maker of the stun gun, Taser International Inc. of Scottsdale, Ariz.
The stun gun moratorium in Moberly will continue until two town hall meetings have been held, and the police department has issued a revised Taser policy. The city also has agreed to assign at least one automatic external defibrillator to an on-duty patrol unit and require additional training on topics including recognizing and responding to medical distress.
Officer Phillip Devers Arrested for Dousing Girlfriend with Gasoline
A Bartlett police officer was arrested Friday for assaulting his girlfriend by allegedly dousing her with gasoline and threatening to light her and the house on fire.
44-year old Master Patrolman, Phillip Devers, is now charged with domestic aggravated assault. Devers was arrested at his Bartlett home after allegedly forcing his way into his girlfriends Tipton county home, spitting in her girlfriends face and threatening to set her on fire.
Tipton County Deputy Chief Donna Turner says, "He did forcefully drag her from the residence to the porch area, poured gasoline on her and the house and threatened to burn her and the residence".
But the Bartlett police officers girlfriend was able to get to a phone and call for help. Deputies say Devers was not there when they arrived.
Turner says, "We did confirm he lived in Shelby County, he was located and arrested".
The Bartlett police chief says Devers is on paid administrative leave, pending the outcome of an investigation. Devers has been in the police department since 1994. The chief says he's been on a combination of departmental and medical leave since last year, but wouldn't expand further.
Devers recently testified about finding the bodies of Lillian and Clarence James during the Henry Lee Jones capital murder trial.
He also testified during the 2004 John Britt trial, the former head of security for Memphis City Schools, convicted for trying to hire a hit man to kill his estranged wife. At the time, Devers testified his wife was having an affair with Britt but that he was not involved in the investigation.
The Bartlett Police Chief says Dever's duty weapon has been taken away.
Devers is out of jail after posting a $1,500 bond on Saturday.
His girlfriend has filed an order of protection.
Tipton County could find no other record of domestic violence between Devers and his girlfriend.
44-year old Master Patrolman, Phillip Devers, is now charged with domestic aggravated assault. Devers was arrested at his Bartlett home after allegedly forcing his way into his girlfriends Tipton county home, spitting in her girlfriends face and threatening to set her on fire.
Tipton County Deputy Chief Donna Turner says, "He did forcefully drag her from the residence to the porch area, poured gasoline on her and the house and threatened to burn her and the residence".
But the Bartlett police officers girlfriend was able to get to a phone and call for help. Deputies say Devers was not there when they arrived.
Turner says, "We did confirm he lived in Shelby County, he was located and arrested".
The Bartlett police chief says Devers is on paid administrative leave, pending the outcome of an investigation. Devers has been in the police department since 1994. The chief says he's been on a combination of departmental and medical leave since last year, but wouldn't expand further.
Devers recently testified about finding the bodies of Lillian and Clarence James during the Henry Lee Jones capital murder trial.
He also testified during the 2004 John Britt trial, the former head of security for Memphis City Schools, convicted for trying to hire a hit man to kill his estranged wife. At the time, Devers testified his wife was having an affair with Britt but that he was not involved in the investigation.
The Bartlett Police Chief says Dever's duty weapon has been taken away.
Devers is out of jail after posting a $1,500 bond on Saturday.
His girlfriend has filed an order of protection.
Tipton County could find no other record of domestic violence between Devers and his girlfriend.
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