A former Craig police officer has been sentenced to 48 hours of community service after pleading guilty to stealing about $500 from the departments drug task force.
Bob Brabo also received a one-year deferred sentence and was ordered to pay $484.50 in fines during a hearing Tuesday. Brabo resigned Nov. 5 and later pleaded guilty to one count of misdemeanor theft.
The money Brabo pleaded guilty to stealing was taken from drug funds from the department's All Crimes Enforcement Team.
The district attorney's office says Brabo received no special treatment and that his sentence is typical of first-time offenders charged with the same offense.
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Information from: Craig Daily Press, http://www.craigdailypress.com
Thursday, December 03, 2009
Lt Richard Bolduc Admitts to Conduct Unbecoming an Officer
A state police lieutenant has admitted he acted in a manner unbecoming a police officer when he left his department-issued gun unlocked in a bureau inside his Sandwich home 18 months ago, a state police spokesman said.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Lt. Richard Bolduc, 52, of Sandwich accepted responsibility for the lapse just as his case was set to go before a state police trial board Tuesday, state police spokesman David Procopio said yesterday. The trial board is a military-style court used by the state police to hear internal cases.
In June 2008, the veteran trooper's son, who was 12 at the time, grabbed Bolduc's Sig Sauer P226 .40-caliber handgun from an unlocked bureau, took it to a neighbor's house, pointed it at a 5-year-old girl and pulled the trigger. The gun was not loaded, according to Sandwich police, but during their investigation, police found a loaded clip in the same unlocked drawer.
Procopio refused to say what punishment Bolduc was given.
But a law enforcement source said Bolduc, who earns a base salary of $90,564.76, was allowed to give up 20 vacation days for violating two department regulations — the policy requiring guns to be safely stored and conduct unbecoming a police officer. By avoiding a suspension, Bolduc doesn't lose any seniority, said the source, who is familiar with state police discipline.
Procopio said Bolduc gets 25 vacation days annually.
The veteran trooper could have faced anything from a letter in his file to being terminated for his actions, Procopio said. Procopio said state police policy prohibits him from disclosing the punishment, but acknowledged forfeiting time off is one of the punishments allowed by the state police. "I can't confirm or comment on the discipline of any department member," he said.
Procopio also refused comment on whether Bolduc expressed any remorse for the incident, which terrorized the young girl and her sisters.
Reached yesterday, Bolduc refused comment. "Never call my phone again," he said.
Bolduc is assigned to the state police barracks in Holden.
Brian Cunha, who represents the girl's family in a civil suit against Bolduc, declined to comment on the trooper's punishment, but said the girl has been undergoing psychological treatment since the incident.
"Having a gun pointed at your head and having the trigger pulled has to be one of the most traumatic things in your life," Cunha said. "She's traumatized, no doubt about it."
Sandwich police charged Bolduc with improper storage of a firearm, which is a felony, but that case was dismissed by a judge citing a U.S. Supreme Court ruling that called the constitutionality of gun storage laws into question. He could have faced up to 10 years in prison if he had been convicted of that charge.
Last month, the Massachusetts Supreme Judicial Court heard testimony in a gun storage case similar to the Bolduc case but has not yet issued a decision. District attorneys across the state, including Cape and Islands District Attorney Michael O'Keefe, signed on in support of the Middlesex County appeal and are awaiting the ruling from the state's highest court.
Bolduc's son was charged in juvenile court, but those cases are not open to the media.
Procopio said Tuesday's admission by Bolduc ends the internal investigation. The Times requested a copy of that investigation in September but was told it was still considered an active investigation until a resolution was reached. The newspaper again requested a copy of the state police report yesterday but has not yet received it.
Former Deputy Chief Charles Bassett Asks for Clemency
A former Pekin police officer who stole money from the police department has applied to Gov. Pat Quinn for executive clemency to expunge a felony from his record.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
Former Pekin Police Deputy Chief Charles W. Bassett, 60, of Tremont, is scheduled for Jan. 14 clemency hearing in Springfield.
Meanwhile, on Oct. 20, the Illinois Department of Financial and Professional Regulation refused to renew a professional license held by Bassett because he did not report his criminal past. The renewal was denied because of “multiple violations of the Private Detective, Private Alarm, Private Security and Locksmith Act and the Rules for Administration Act,” according to IDFPR documents.
IDFPR spokeswoman Susan Hofer said that was all the information that could be released. She said she does not know in which line of business Bassett works.
Tazewell County State’s Attorney Stewart Umholtz said Tuesday that he had received a notice informing him of the clemency hearing and that he could submit a written response to the petition for clemency or appear in person before the board hearing the case.
Umholtz said he is still reviewing the petition to determine how he will respond and that he was unaware of the IDFPR decision.
“When I look at a petition for clemency or for pardon, I evaluate whether the person was honest in their petition, if they acknowledge their responsibility for their criminal conduct and have they presented evidence that they are entitled to this relief,” Umholtz said. “Usually there has to be something they have done with their life after their conviction.
“My thought process is that I want people who screwed up and committed crimes to become successful. We don’t want convicted criminals to continue to come back into the criminal justice system — we want it to knock some sense into them so they improve their lives and become useful members of the community.”
History
Bassett was a 30-year veteran of the department at the time of the theft.
On Oct. 10, 2002, then-Police Chief Tim Gillespie asked the Illinois State Police to investigate the missing money. Bassett was placed on paid administrative leave on Oct. 10, 2002, and resigned from the department on Dec. 2, 2002.
According to court records, Bassett stole $624 from the department’s seize fund and $1,235 from the petty cash fund, of which he had control, to gamble and to repay debts associated with a failed business venture.
He was sentenced to 30 months probation on Aug. 28, 2003, for official misconduct. He served 100 community service hours and paid restitution for the theft.
Bassett lost a pension valued at $1 million. He received $40,218.10 in pension benefits from December 2002 to September 2003 and had paid $94,404.24 into the pension fund during his career. The pension board terminated his pension benefits on Sept. 30, 2003, and refunded his contributions in the amount of $54,186.14.
Bassett filed a civil suit against the pension board seeking a refund of the total amount he had contributed with interest. The 10th Judicial Circuit Court ruled in Bassett’s favor, with the exception of granting him interest. The pension board appealed to the 3rd District Appellate Court, which upheld the circuit court’s ruling but also ruled that Bassett should receive the interest.
Officer Barbara Chandler Arrested for Family Violence
A Dallas police officer was arrested in Duncanville early Wednesday on a misdemeanor family violence assault charge.
Barbara Ann Chandler, a four-year veteran, has been placed on restricted duty. She faces a Class A misdemeanor assault charge, which carries a maximum penalty of one year in prison and a $4,000 fine.
Chandler, 29, is assigned to the city's south central patrol station.
The Duncanville Police Department did not respond immediately Wednesday morning to a request for additional details.
Barbara Ann Chandler, a four-year veteran, has been placed on restricted duty. She faces a Class A misdemeanor assault charge, which carries a maximum penalty of one year in prison and a $4,000 fine.
Chandler, 29, is assigned to the city's south central patrol station.
The Duncanville Police Department did not respond immediately Wednesday morning to a request for additional details.
Corrections Officer Robert Johnson Arrested for Domestic Violence
A corrections officer with the Hamilton County Sheriff's Office has been arrested for the second time in two months on domestic violence charges.
Chattanooga Police received a call Wednesday around 10:00 a.m. form a woman needing help at the Lake Resort Terrace Apartments.
The investigation resulted in Hamilton County Corrections Officer Robert L. Johnson, Jr. being charged with Simple Assault Domestic , Possession of Drug Paraphernalia and Vandalism Domestic.
Police took him to the Hamilton County Jail where he was booked and received a $15,000 bond by the magistrate. If he cannot make bond, he will be transferred to the Bradley County Jail.
On November 3, Channel 3 Eyewitness News reported that Officer Johnson was involved in a similar alleged Domestic Assault incident with a different woman at Lake Resort Terrace. Chattanooga Police responded to that call as well and charged him with Simple Assault Domestic, Aggravated Assault Domestic and Kidnapping.
Mr. Johnson was released on a $5,000 bond and suspended with pay in early November pending the outcome of those first criminal charges and the Internal Affairs investigation. Sheriff Hammond is waiting for the results of the Internal Affairs investigation today on these last charges to determine any additional sheriff's office response to Officer Johnson at this time.
Johnson's girlfriend told Chattanooga Police in November the two got into a heated argument. We obtained the arrest report from the incident. In that report, Johnson's girlfriend told police the corrections officer punched her in the face, put his hands around her neck and over her mouth. She told police he then bit her on the thigh and the neck.
At that point, she claims he took his gun out of the holster on his hip and held it to her head and told her to "die." She said she was held against her will for several hours before being able to escape. The girlfriend told police Johnson wore the gun holstered on his hip the entire time.
Eyewitness News wanted to know more about the weapon. Johnson is a commissioned officer. Is this his issued weapon? According to an Investigator with the Chattanooga Police Department , the gun was, in fact, issued by the county.
A spokesperson for the Hamilton County Sheriff's Office says Johnson has been working as a second shift Corrections Officer in the county since October 13, 2008. She was unable to tell us at the time if he had been sanctioned by the department before.
Chattanooga Police received a call Wednesday around 10:00 a.m. form a woman needing help at the Lake Resort Terrace Apartments.
The investigation resulted in Hamilton County Corrections Officer Robert L. Johnson, Jr. being charged with Simple Assault Domestic , Possession of Drug Paraphernalia and Vandalism Domestic.
Police took him to the Hamilton County Jail where he was booked and received a $15,000 bond by the magistrate. If he cannot make bond, he will be transferred to the Bradley County Jail.
On November 3, Channel 3 Eyewitness News reported that Officer Johnson was involved in a similar alleged Domestic Assault incident with a different woman at Lake Resort Terrace. Chattanooga Police responded to that call as well and charged him with Simple Assault Domestic, Aggravated Assault Domestic and Kidnapping.
Mr. Johnson was released on a $5,000 bond and suspended with pay in early November pending the outcome of those first criminal charges and the Internal Affairs investigation. Sheriff Hammond is waiting for the results of the Internal Affairs investigation today on these last charges to determine any additional sheriff's office response to Officer Johnson at this time.
Johnson's girlfriend told Chattanooga Police in November the two got into a heated argument. We obtained the arrest report from the incident. In that report, Johnson's girlfriend told police the corrections officer punched her in the face, put his hands around her neck and over her mouth. She told police he then bit her on the thigh and the neck.
At that point, she claims he took his gun out of the holster on his hip and held it to her head and told her to "die." She said she was held against her will for several hours before being able to escape. The girlfriend told police Johnson wore the gun holstered on his hip the entire time.
Eyewitness News wanted to know more about the weapon. Johnson is a commissioned officer. Is this his issued weapon? According to an Investigator with the Chattanooga Police Department , the gun was, in fact, issued by the county.
A spokesperson for the Hamilton County Sheriff's Office says Johnson has been working as a second shift Corrections Officer in the county since October 13, 2008. She was unable to tell us at the time if he had been sanctioned by the department before.
Former Officer Bobby Cutts Jr Will Not Get Chance to Appeal
A former Canton police officer in prison for killing his pregnant girlfriend and unborn child will not get a chance to argue his appeal to the Ohio Supreme Court.
Bobby Cutts, Jr. is serving life in prison with a chance of parole after 57 years. His attorneys felt he deserved a new trial, but Wednesday, the Ohio Supreme Court refused to hear his appeal.
"We met with Bobby a couple of weeks ago, we talked about it, we were optimistic and quite frankly were surprised that the Supreme Court denied, will not grant jurisdiction hearing this matter," said defense attorney Fernando Mack.
Defense attorneys contend former Canton police officer Bobby Cutts, Jr. did not get a fair trial. In February 2008, Cutts was convicted of killing his pregnant girlfriend Jessie Davis and their unborn daughter.
"I think we have always felt the brief we filed was meritorious," said Mack.
Cutts' attorneys claim there were several errors made during the trial. For example, they felt the judge in the case should have allowed jurors to consider a charge of involuntary manslaughter.
"It was our contention that it occurred when there was an elbow that struck Jessie Davis, and he accidentally killed her...we believe that at that point, 'cause we believe that the death was instantaneous, Mr. Cutts panicked," said defense attorney Myron Watson.
They also claim the verdicts were inconsistent. Cutts was found guilty of aggravated murder for baby Chloe, and a lesser charge of murder for Jessie Davis, even though it was the same act. After the trial, some jurors said they felt he could have called for help to save the unborn baby.
"That's a morality question because the deaths were not caused by his failure to call for aid," said Watson.
His attorneys also felt because of the intense media attention, the trial should have been held somewhere else.
"People within Stark County, probably 90 percent of them thought that he was guilty prior to even selecting the jury," Mack said.
Cutts' attorneys say they will consider appealing the case to the U.S. Supreme Court.
Fox 8 News spoke to Jessie Davis' mother, Patti Porter. In a phone interview, Porter said she has mixed feelings about the decision.
She says she hopes Bobby Cutts gets another chance someday, although she realizes her feelings may not be very popular.
Porter also goes on to say she forgives Cutts, and doesn't feel keeping him behind bars for the rest of his life does anything good for anyone involved.
Bobby Cutts, Jr. is serving life in prison with a chance of parole after 57 years. His attorneys felt he deserved a new trial, but Wednesday, the Ohio Supreme Court refused to hear his appeal.
"We met with Bobby a couple of weeks ago, we talked about it, we were optimistic and quite frankly were surprised that the Supreme Court denied, will not grant jurisdiction hearing this matter," said defense attorney Fernando Mack.
Defense attorneys contend former Canton police officer Bobby Cutts, Jr. did not get a fair trial. In February 2008, Cutts was convicted of killing his pregnant girlfriend Jessie Davis and their unborn daughter.
"I think we have always felt the brief we filed was meritorious," said Mack.
Cutts' attorneys claim there were several errors made during the trial. For example, they felt the judge in the case should have allowed jurors to consider a charge of involuntary manslaughter.
"It was our contention that it occurred when there was an elbow that struck Jessie Davis, and he accidentally killed her...we believe that at that point, 'cause we believe that the death was instantaneous, Mr. Cutts panicked," said defense attorney Myron Watson.
They also claim the verdicts were inconsistent. Cutts was found guilty of aggravated murder for baby Chloe, and a lesser charge of murder for Jessie Davis, even though it was the same act. After the trial, some jurors said they felt he could have called for help to save the unborn baby.
"That's a morality question because the deaths were not caused by his failure to call for aid," said Watson.
His attorneys also felt because of the intense media attention, the trial should have been held somewhere else.
"People within Stark County, probably 90 percent of them thought that he was guilty prior to even selecting the jury," Mack said.
Cutts' attorneys say they will consider appealing the case to the U.S. Supreme Court.
Fox 8 News spoke to Jessie Davis' mother, Patti Porter. In a phone interview, Porter said she has mixed feelings about the decision.
She says she hopes Bobby Cutts gets another chance someday, although she realizes her feelings may not be very popular.
Porter also goes on to say she forgives Cutts, and doesn't feel keeping him behind bars for the rest of his life does anything good for anyone involved.
Sgt. Deputy Clint Reynolds Arrested for Abusing his Wife
Sgt. Deputy Clint Reynolds of the Coweta County Sheriff's Office was arrested in Fairburn Wednesday afternoon for allegedly physically abusing his wife, Kimberly, according to authorities.
Reynolds was transported to the Coweta County Jail where he now faces criminal charges of battery and aggravated assault, according to Scott Dutton, the Georgia Bureau of Investigation Region 2 assistant special agent in charge.
The GBI was asked by the sheriff's office last week to initiate an investigation into allegations of domestic abuse involving Reynolds, according to Dutton. Warrants for Reynolds' arrest were obtained on Wednesday, and the deputy was arrested without incident in Fairburn by members of the Fairburn Police Department, the GBI and the sheriff's office.
Coweta County Sheriff Mike Yeager first confirmed last week that the sheriff's office was aware and looking into the "personnel" matter. Calls to the sheriff's office for information were not returned Wednesday.
Reynolds was transported to the Coweta County Jail where he now faces criminal charges of battery and aggravated assault, according to Scott Dutton, the Georgia Bureau of Investigation Region 2 assistant special agent in charge.
The GBI was asked by the sheriff's office last week to initiate an investigation into allegations of domestic abuse involving Reynolds, according to Dutton. Warrants for Reynolds' arrest were obtained on Wednesday, and the deputy was arrested without incident in Fairburn by members of the Fairburn Police Department, the GBI and the sheriff's office.
Coweta County Sheriff Mike Yeager first confirmed last week that the sheriff's office was aware and looking into the "personnel" matter. Calls to the sheriff's office for information were not returned Wednesday.
Wednesday, December 02, 2009
Sgt. Robert Alcon Accused of Misconduct
A Vilonia man helping to deliver newspapers on the night of Nov. 25 claims that the off-duty acting Mayflower Police Chief acted inappropriately in approaching him with a drawn handgun.
Micky Paul Grissom, 30, said on Monday that he was helping his wife deliver the Log Cabin Democrat to homes on Green Meadows Road a few miles south of Vilonia when he used a residential driveway to turn around and, at about 10:30 p.m., stopped in a section of road about 200 yards away to move newspapers from the bed of the pickup truck into the cab.
“I stopped to get out of the truck (and) threw my papers from the back of the truck to the front,” Grissom said. “Next thing I know there’s a car flying up on me and I see that there’s little blue lights in the grill and a guy gets out and yells, ‘What are you doing?’ I tell him I’m delivering papers ... and I turn back and look and he’s got his gun drawn on me, and he’s telling me to get back around the back of the truck. He got up to me and he saw the papers and he said, ‘Man, you can’t be stopping in front of people’s houses without telling them what’s going on.”
Grissom filed a police report to this effect Tuesday with the Vilonia Police Department. In his written statement to Vilonia police, Grissom stated, “That was the first time I feared for my life, and it was because of an off-duty officer.”
Acting Mayflower Chief of Police Sgt. Robert Alcon released a written statement on Tuesday in response, claiming that he observed the vehicle in his driveway for about 25 to 30 seconds before the truck pulled out and proceeded east on Hwy. 107, stopping in the road near an adjacent residence.
“I went and put on some jeans and boots and got my pistol from its holster,” Alcon stated in this release. “The truck was still there when I went outside to get in my patrol car. As I pulled out from my driveway the truck pulled out and started to go east. This made me have even more reasonable suspicion that there may be some criminal activity going on. My probable cause to make the traffic stop was (that the) vehicle was stopped in the roadway, blocking it for more than 10 minutes. I turned on my blue lights and made the stop approximately 50 yards from where the truck was parked.
“The driver ... stepped from the truck and I had advised him to show me his hands. I had my flashlight in my left hand and my pistol in my right hand. I did raise my pistol at about a 45-degree angle. Once he showed me his hands I dropped the pistol back to my side and put it in the small of my back. I recognized the driver as someone I know from Vilonia, and apparently he knew me, because he called me by name Alcon. I asked him what he was doing, and he told me he was the paper carrier, and I advised OK that it was the Christmas season and there are a lot of break ins at this time of year. We shook hands, and I advised him to have a good night, he said for me to do the same.”
Grissom said on Tuesday that he was “looking at the barrel, and I could see a light right beside it and I saw barrel pointed at me.
“That’s the whole deal of a gun being pointed at me, I don’t like that,” he said. “Whether it was pointed at me or not, it’s like I told them at Vilonia, when we fear our protectors, what are we supposed to do?” He said again that he feared for his life during the incident, and thought that any loud noise might have caused Alcon to shoot him. He said that he “would go check if somebody was messing around my neighborhood, but I wouldn’t come out with my gun.”
Alcon maintained that he held his handgun at a 45-degree muzzle-down angle when he made contact with Grissom and put the weapon away once he saw the man’s hands.
“I had the gun at about a 45 (degree angle) just to see if he was armed, and even if I had the gun pointed at him it would have been normal procedure,” Alcon said. “It’s a dangerous job we do. I like going home at night. I don’t know what he expects us to do. I’m a police officer. I’m not just Joe public trying to see what’s going on. ... Was I supposed to walk up there with my hands empty?”
“I am a police officer that has a right to protect myself ... I was trying to protect my neighbors,” he said.
Alcon is deputized by Faulkner County Sheriff Karl Byrd, and Byrd said that his jurisdiction is countywide.
Byrd said that he didn’t want to comment on the issue because he didn’t know the exact circumstances, but said that, in general, “Any officer, off-duty or not, I would be extremely disappointed if something suspicious was going on in his neighborhood and he didn’t investigate it — take some initiative to look into some suspicious circumstances going on in his neighborhood.”
Vilonia Chief of Police Brad McNew said that he would turn the incident over to the 20th Judicial Prosecuting Attorney’s office for review.
Micky Paul Grissom, 30, said on Monday that he was helping his wife deliver the Log Cabin Democrat to homes on Green Meadows Road a few miles south of Vilonia when he used a residential driveway to turn around and, at about 10:30 p.m., stopped in a section of road about 200 yards away to move newspapers from the bed of the pickup truck into the cab.
“I stopped to get out of the truck (and) threw my papers from the back of the truck to the front,” Grissom said. “Next thing I know there’s a car flying up on me and I see that there’s little blue lights in the grill and a guy gets out and yells, ‘What are you doing?’ I tell him I’m delivering papers ... and I turn back and look and he’s got his gun drawn on me, and he’s telling me to get back around the back of the truck. He got up to me and he saw the papers and he said, ‘Man, you can’t be stopping in front of people’s houses without telling them what’s going on.”
Grissom filed a police report to this effect Tuesday with the Vilonia Police Department. In his written statement to Vilonia police, Grissom stated, “That was the first time I feared for my life, and it was because of an off-duty officer.”
Acting Mayflower Chief of Police Sgt. Robert Alcon released a written statement on Tuesday in response, claiming that he observed the vehicle in his driveway for about 25 to 30 seconds before the truck pulled out and proceeded east on Hwy. 107, stopping in the road near an adjacent residence.
“I went and put on some jeans and boots and got my pistol from its holster,” Alcon stated in this release. “The truck was still there when I went outside to get in my patrol car. As I pulled out from my driveway the truck pulled out and started to go east. This made me have even more reasonable suspicion that there may be some criminal activity going on. My probable cause to make the traffic stop was (that the) vehicle was stopped in the roadway, blocking it for more than 10 minutes. I turned on my blue lights and made the stop approximately 50 yards from where the truck was parked.
“The driver ... stepped from the truck and I had advised him to show me his hands. I had my flashlight in my left hand and my pistol in my right hand. I did raise my pistol at about a 45-degree angle. Once he showed me his hands I dropped the pistol back to my side and put it in the small of my back. I recognized the driver as someone I know from Vilonia, and apparently he knew me, because he called me by name Alcon. I asked him what he was doing, and he told me he was the paper carrier, and I advised OK that it was the Christmas season and there are a lot of break ins at this time of year. We shook hands, and I advised him to have a good night, he said for me to do the same.”
Grissom said on Tuesday that he was “looking at the barrel, and I could see a light right beside it and I saw barrel pointed at me.
“That’s the whole deal of a gun being pointed at me, I don’t like that,” he said. “Whether it was pointed at me or not, it’s like I told them at Vilonia, when we fear our protectors, what are we supposed to do?” He said again that he feared for his life during the incident, and thought that any loud noise might have caused Alcon to shoot him. He said that he “would go check if somebody was messing around my neighborhood, but I wouldn’t come out with my gun.”
Alcon maintained that he held his handgun at a 45-degree muzzle-down angle when he made contact with Grissom and put the weapon away once he saw the man’s hands.
“I had the gun at about a 45 (degree angle) just to see if he was armed, and even if I had the gun pointed at him it would have been normal procedure,” Alcon said. “It’s a dangerous job we do. I like going home at night. I don’t know what he expects us to do. I’m a police officer. I’m not just Joe public trying to see what’s going on. ... Was I supposed to walk up there with my hands empty?”
“I am a police officer that has a right to protect myself ... I was trying to protect my neighbors,” he said.
Alcon is deputized by Faulkner County Sheriff Karl Byrd, and Byrd said that his jurisdiction is countywide.
Byrd said that he didn’t want to comment on the issue because he didn’t know the exact circumstances, but said that, in general, “Any officer, off-duty or not, I would be extremely disappointed if something suspicious was going on in his neighborhood and he didn’t investigate it — take some initiative to look into some suspicious circumstances going on in his neighborhood.”
Vilonia Chief of Police Brad McNew said that he would turn the incident over to the 20th Judicial Prosecuting Attorney’s office for review.
Officer Donald Prine Arrested for Aggravated Domestic Battery
A veteran Rockford police officer is arrested and charged with aggravated domestic battery.
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
According to our media partners at WNTA, Winnebago County Sheriff's Police were called to the 8100 block of South Main early last Thursday morning. Deputies say they found evidence of domestic violence involving Rockford Police Officer Donald Prine and his wife, who is a Boone County sheriff's deputy.
Prine turned himself in and bonded out of jail. He's on administrative leave
Former Officer Greg Cannedy Convicted of False Imprisonment
A former San Leandro police officer has been convicted of false imprisonment for groping two women while he was on duty, his attorney said Wednesday.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Greg Cannedy, 45, who retired from the department in 2007, entered no-contest pleas to two counts of false imprisonment - one a felony, the other a misdemeanor - said his attorney, Michael Rains.
Judge Kevin Murphy of Alameda County Superior Court sentenced Cannedy two months ago to 18 months of formal probation and six months of home detention while under electronic monitoring, Rains said.
"To this day, I believe the allegations against Greg were completely without merit," Rains said.
The misdemeanor conviction stemmed from an incident in September 2006, when Cannedy leaned over Jennifer Acuna in her kitchen and began kissing her before grabbing her hand and putting it on his crotch.
Acuna received $92,500 earlier this year under a civil settlement with the city.
Cannedy was convicted of felony false imprisonment for groping Starlah Burke during a traffic stop in 2005 after she repeatedly rebuffed his romantic overtures over a period of months.
Cannedy asked personal questions of Burke, told her that "he and his wife were not in love," continually showed up at her home and called her between May and December 2005 to discuss having sex, Burke said in her suit against the city. She received a $95,000 settlement.
Former Officer Raymond Conley Pleads Guilty
Former Dunbar Police Officer Raymond Conley pleaded guilty to a federal charge of depriving a woman's rights in court Wednesday. Court documents show he inappropriately searched the woman and then offered to let her go, in exchange for sex.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Conley pleaded guilty to the charge of deprivation of rights under the color of law. The charge is a misdemeanor and carries a maximum prison sentence of one year and a fine.
The charge stems from an incident that happened in Dunbar in the summer of 2009 while he was working as a police officer.
According to court documents, Conley pulled the woman over and then without reason searched her. During the search, he fondled her private parts for "personal gratification."
During this illegal search, Conley found a small amount of marijuana. He placed the woman under arrest and handcuffed her. But court documents show he offered to let her go if she had sex with him.
Conley then drove the woman to a remote location where they had sexual intercourse. He then let the woman go without charging her.
Conley has resigned from the Dunbar Police Department.
He will be sentenced on March 18, 2010.
Former Officer David Seaton Indicted for Manslaughter & Assault
A former San Antonio police officer has been indicted for manslaughter and aggravated assault in the traffic death of a colleague last year.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
David Seaton faces up to life in prison if convicted on either felony. The 44-year-old had planned to plead “no contest” but rescinded the agreement last month.
Seaton was allegedly driving his patrol car more than 100 mph without his flashing emergency lights on while responding to a low-level shoplifting call in November 2008. He struck Officer Robert Davis, who was working an unrelated traffic accident at the time. Davis later died of his injuries.
Another motorist was seriously injured in the crash.
Trooper Alexis Hayes Alleges She was Sexually Assaulted by Commanding Officer
A New Jersey state trooper alleges she was sexually assaulted by a commanding officer, sexually harassed in the academy by a female commander and repeatedly abused at the hands of colleagues.
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
In a federal lawsuit filed late Tuesday, Trooper Alexis Hayes makes sweeping allegations against six individuals and the state police administration, saying it conducted an internal investigation to humiliate her while never taking appropriate action in the case.
"The State Police have turned Hayes - the victim - into an object of disdain and have subjected her to repeated hostile interrogations while implying that Hayes somehow bore ill will against her tormentors," the lawsuit said. "In consequence, Hayes suffered deep emotional trauma."
Hayes, 29, of Berlin, is seeking monetary damages, dismissal of the accused abusers and reform within the agency. Her lawsuit alleges the agency, with 3,035 members, hazed those in training, ignored sexual misconduct and closed ranks when she sought help.
Dave Jones, president of the State Troopers Fraternal Association, called the allegations "troubling" and said he intends to make sure they are "fully vetted."
"The allegations are of grave concern to me, from the onset of her career until now, and the victimization's that took place demand a complete and thorough investigation," Jones said.
State officials said Wednesday they were aware of the allegations, but could not comment on pending litigation.
"The New Jersey State Police treats any allegation of misconduct very seriously. As with all allegations of misconduct, these allegations will be vigorously and thoroughly investigated," State Police Capt. Gerald Lewis Jr. said in a written statement released late Wednesday.
Lee Moore, spokesman for the Attorney General's Office, said as a matter of practice, officials do not comment on pending litigation.
The lawsuit alleges the Attorney General's Office has been aware of the initial allegations since 2006, when an anonymous complaint was filed with the state's Equal Opportunity Office.
According to the lawsuit, filed by Moorestown attorney William Buckman, Hayes had been subjected to abusive and demeaning practices since she joined the academy in 2005.
That year, one of the academy instructors, Sgt. Christine Shallcross, who called Hayes "Peanut," repeatedly demeaned her, the suit said. One time, Shallcross aggressively grabbed Hayes' necktie with such force that the clasp broke. Another time Hayes was ordered to stand at attention while Shallcross drew on her face with a black permanent marker, the suit said.
"(Hayes) was required to remain standing at attention while Shallcross then chased another female trooper around and stabbed that other trooper in the neck with the marker, leaving a bruise," the lawsuit said.
After a graduation celebration, Hayes alleges Shallcross attempted to give Hayes her phone number, whispered in her ear, "Hayes, I love you," and kissed her on the cheek as Hayes was attempting to leave with her sister.
Shallcross, now working internal affairs investigations for the state police, said Wednesday she was familiar with the allegations, but could not comment.
During an internal affairs investigation, the lawsuit alleges Hayes was subjected to "lengthy questioning" numerous times and officials tried to convince Hayes that Shallcross' treatment was nothing more than mere "camaraderie."
When she was assigned to the same tactical unit in South Jersey as Lt. Thomas King, the lawsuit says, King began sending her text messages at all hours and once showed up unannounced at her house earlier this year.
Hayes alleges she was sexually assaulted by King, an acting captain, in April, when she was assigned to a detail of 49 officers sent to participate in funeral services for three officers slain in Pittsburgh.
During a night of drinking, she alleges, King "continually" made sure that Hayes had a full drink and Hayes returned to her hotel room "woozy from so much alcohol," the lawsuit said.
The lawsuit says King "somehow obtained" a copy of Hayes' room key and while Hayes was in bed, "inebriated," King sexually assaulted her. The lawsuit says she became pregnant as a result of the assault, and later terminated the pregnancy.
King could not be reached for comment.
On numerous other occasions, she alleges, he made sexual advances. In June, the lawsuit alleges, King assaulted Hayes with pepper spray in front of others, who did nothing to stop it, the lawsuit said.
Buckman, Hayes' attorney, said Hayes reported the alleged assault to local authorities in the Pittsburgh area and attempted to get a job transfer. It was unclear when the alleged assault was reported and how it was handled.
Buckman said rather than help Hayes, State Police authorities used their internal affairs investigation as "a mechanism" to stop the complaints about superiors and other troopers.
"Their real job is to whitewash things," Buckman said.
Buckman is recognized nationally for his role in exposing racial profiling on the New Jersey Turnpike, where minorities were disproportionately targeted for traffic stops and searches. He also went after the Lords of Discipline, a reputed secret society of state troopers who allegedly hazed others in their ranks. Though the state denied the group existed, it disciplined seven officers and settled harassment lawsuits that exceeded $1 million.
In her lawsuit, Hayes says she went to see the director of the State Police Employee Assistance Program, a confidential counseling service. Instead, the lawsuit said, she received a call from a lieutenant colonel, who told Hayes she "had to bear up with the imperfect conditions of the New Jersey State Police and go about her duties."
Eventually, Hayes went out on sick leave after suffering a "nervous breakdown," the lawsuit said.
But when she was involved in a car accident in October, the lawsuit said state police officials met her at a hospital and "refused to let (Hayes) obtain treatment until they forcibly extracted blood from her in an apparent effort to charge (Hayes) with intoxicated driving."
The lawsuit asks for an independent monitor of the State Police "in light of the outrageous and corrupt method by which the New Jersey State Police abuses its powers against its members, and then uses its internal affairs mechanisms to cover up those abuses."
Former Officer Antonio Loza Convicted of Drunk Driving
A former San Mateo police officer has been convicted of drunken driving for crashing into a woman's car after drinking with other off-duty officers at a party, a prosecutor said today.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Antonio Loza, 34, of Belmont entered a no-contest plea Monday before Judge Robert Foiles of San Mateo County Superior Court. Loza was convicted of a misdemeanor count of drunken driving causing injury, said Karen Guidotti, an assistant district attorney.
Loza could face up to 20 days in jail when he is sentenced Jan. 22.
Loza and other off-duty San Mateo officers were drinking at a party March 5 at the Crowne Plaza Hotel in Foster City, Guidotti said. Loza "drank heavily" and drove off in his car for home, despite his friends' efforts to talk him out of it, authorities said.
Loza plowed into a woman's car while heading west on Highway 92 near Highway 101, Guidotti said. The woman suffered minor cuts and bruises, but her car was a total loss, authorities said.
An investigation by the California Highway Patrol determined that Loza's blood-alcohol level was 0.23 percent, nearly three times the .08 percent level that constitutes drunken driving, authorities said.
An attorney for Loza did not immediately respond to a request for comment today.
Loza was a San Mateo police officer from 2005 until March 12. Deputy Police Chief Mike Callagy declined to specify the manner in which Loza left the department.
Former Officer Joshua Mantello Found Guilty of Assaulting Intoxicated Man
A former North Adams police officer has been found guilty of assaulting an intoxicated man who was placed in police custody after defecating on a welcome mat last year.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Joshua N. Mantello, 30, will receive probation and a six-month jail term when he is sentenced Friday in Berkshire Superior Court. He is free on personal recognizance until then.
Mantello punched and choked Matthew D. Trombley, 29, then filed a false police report about the Nov. 28, 2008, incident in North Adams, according to prosecutors.
Mantello, an eight-year veteran of the North Adams Police Department, was fired by Mayor John Barrett III in March after a criminal investigation led to the officer's criminal indictment.
Trombley, a known heroin user, was highly intoxicated and covered in his own feces when Mantello and other North Adams officers tried to subdue him after a disturbance outside of a North Church Street apartment last year.
Trombley banged on people's doors and defecated on a welcome mat, and somehow wound up covered in his own waste, according to testimony in Mantello's weeklong Superior Court bench trial, which concluded Monday.
That's when Judge John A. Agostini found Mantello guilty of two counts of assault and battery and single counts of misleading a police officer and filing a false police report.
Agostini ordered Mantello to serve six months of a two-year sentence in the Berkshire
County Jail & House of Correction. The balance of that sentence will be suspended if Mantello stays out of trouble.
Mantello was found not guilty of one count of assault and battery with a dangerous weapon -- a stun gun.
Agostini agreed to a request by defense counsel Thomas Drechsler to delay sentencing until Friday, giving Mantello time to wrap up loose ends before he goes to jail.
Berkshire First Assistant District Attorney Paul J. Caccaviello recommended that Agostini consider sending Mantello to prison for up to four years, but the judge rejected that recommendation.
"I do not believe state prison would at all be appropriate in this case," Agostini said.
Mantello opted for a jury-waived trial, leaving his fate with Agostini, who acknowledged the trial was a "very, very difficult case."
Agostini said he did not believe Mantello went to work on Nov. 28, 2008, with the intent of injuring someone or committing a crime. But evidence presented during the trial showed that Trombley was heavily intoxicated and that Mantello used excessive force in subduing him.
Agostini said Trombley was confused, incoherent and uncooperative during the booking process at the North Adams Police Department. Nonetheless, Trombley's unruly behavior did not justify Mantello's harsh treatment, Agostini said.
Trombley's booking was videotaped, per departmental policy on all bookings, and highlights of that process were shown again during Monday's closing arguments.
"Each time I see it, I find it very disturbing," Agostini said of the videotape. "There seems to be no legitimate reason for these punches to be thrown."
The tape shows Mantello using foul language toward Trombley -- who is visibly intoxicated -- and pushing the man's head against the booking-room wall. The tape also shows Mantello striking Trombley three times, though Drechsler claimed the blows were delivered with the officer's palm -- not a closed fist.
The defense attorney said Trombley's screams were the tacticsof "a consummate faker," someone intent on causing a scene, while Caccaviello claimed they were the result of Trombley being "severely assaulted."
During the trial, Drechsler referred to Trombley as a "feces-encrusted" biohazard who was so dirty and disobedient that Mantello was the only officer courageous enough to subdue him.
Mantello was prompted to use force against Trombley after Trombley assaulted the officer, according to Drechsler. When the booking tape is played in slow motion, he said, it shows Trombley kick at Mantello.
As a result, Mantello can be heard telling Trombley that he would be charged with assaulting a police officer. Various charges lodged against Trombley were dropped after Mantello was criminally charged.
The prosecutor said Mantello engaged in "shading the facts" when he stated things in his police report that were not evident during the 15-minute booking video.
Caccaviello used a book-vs.-movie analogy, claiming the movie version of events (the videotape) bore no resemblance to the book version of events (Mantello's written report). The incidents described in Mantello's report simply did not match the video evidence, Caccaviello said.
Drechsler claimed that Trombley -- who has virtually no recollection of the events due to his level of intoxication -- was not seriously injured in the incident.
Rather, he said, it was Mantello who risked injury when he attempted to control an unruly subject covered in bodily fluids that posed a health threat, including the possible transmission of Hepatitis C or HIV.
The government's attempt to turn Trombley into "some sort of a hero" is antithetical to who he really was -- a drug user with a criminal past, Drechsler said.
Drechsler insisted that Trombley upped the ante by continually refusing to comply with police orders, while Mantello attempted to defuse the tense situation.
"Somebody had to do something, and Josh Mantello was the only one who did something," Drechsler said, noting that another officer was overcome by Trombley's stench and had to desert his post to vomit.
Caccaviello did not attempt to sugar-coat Trombley's character, but said Mantello exacerbated matters by screaming obscenities at Trombley, who appeared relatively docile in the booking tape.
"I'm not saying [Trombley's] an angel," Caccaviello said. "But it's the defendant who's the professional."
The tape contains no evidence of Trombley hitting, punching, kicking or spitting at Mantello, who deliberately falsified his written report to cover up his wrongdoing, Caccaviello said.
"He had to mislead his superiors," Caccaviello said.
Deputy John Harvey Pleads No Contest to Reckless Driving
A Volusia County Deputy has pleaded no contest to reckless driving in an August crash.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Arrest reports say 51-year-old John Harvey struck a South Daytona patrol car and told an officer he had "a lot" to drink. He was charged with driving under the influence, refusing to take an alcohol breath test, careless driving and leaving the scene of an accident.
Court records show he pleaded no contest in November to a reduced charge of reckless driving. Other charges were dismissed.
Harvey's attorney told the Daytona Beach News-Journal the arrest report shows confusion between his client and the arresting officers about Harvey's status as a law enforcement officer and Harvey's attempt to disclose he had a firearm.
The sheriff's office is conducting an internal investigation.
Trial Date Reset for Officer John Deegan Charged with Possessing Child Porn
Trial was postponed Tuesday for a veteran LAPD officer and Long Beach resident charged with possessing child pornography.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
John Deegan, 54, who was indicted by a federal grand jury on two counts of possession of child pornography, will return to federal court March 16 when his new trial date is scheduled, said Thom Mrozek, spokesman for the United States Attorney's Office.
Charged with Deegan was his 27-year-old son, Jonathon Deegan, who pleaded guilty to the same counts last month and who was immediately taken into custody.
Federal investigators first came to suspect the younger Deegan - who had no previous criminal history - of trading pornographic pictures and videos on the Internet, according to court documents.
When FBI agents served a search warrant at the Long Beach home he shared with his father, they found 600 images on his computer of children, some as young as 4 years old, involved in sex acts with adults. They also found alleged child pornography on his father's computer, court documents show.
Father and son turned themselves in to authorities Oct. 5 and were released on $10,000 bond each.
The elder Deegan - a 22-year veteran of the Los Angeles Police Department - was placed on administrative leave in March when the department was notified of the FBI's investigation. He had been assigned to the Central Division's Patrol Unit, LAPD officials said.
If the elder Deegan is convicted, he faces the possibility of up to 10 years in federal prison and a $250,000 fine, plus lifetime supervised release and having to register as sex offenders. His son faces a similar sentence.
FBI investigators were able to identify some of the children, none of whom are local, and although the Deegans are not suspected of contacting the children, federal prosecutors are also seeking $1 million in restitution for the victims.
The younger Deegan is scheduled to return to federal court for sentencing April 26.
The elder Deegan remains free on bail as he awaits his trial.
Former Officer Randy Anderson Sentenced for Pointing Weapon at Singer Steve Holy
A former Dallas police officer who pointed a gun at country music singer Steve Holy during an off-duty night of drinking is going to jail for 45 days.
Randy Anderson, 27, was sentenced Wednesday as part of a deferred adjudication probation. He won't have a conviction if he successfully completes his probation for aggravated assault. Anderson and his attorney declined to comment.
Another former officer was charged aggravated assault but his trial date has not been set.
The confrontation occurred in 2007, after Holy invited the officers to his home after a nearby bar closed. An argument ensued and Anderson pulled the gun. Anderson testified at trial that he only pulled his gun after Holy acted aggressively.
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Information from: The Dallas Morning News, http://www.dallasnews.com
Randy Anderson, 27, was sentenced Wednesday as part of a deferred adjudication probation. He won't have a conviction if he successfully completes his probation for aggravated assault. Anderson and his attorney declined to comment.
Another former officer was charged aggravated assault but his trial date has not been set.
The confrontation occurred in 2007, after Holy invited the officers to his home after a nearby bar closed. An argument ensued and Anderson pulled the gun. Anderson testified at trial that he only pulled his gun after Holy acted aggressively.
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Information from: The Dallas Morning News, http://www.dallasnews.com
Former Officer Robert Forman Accused of Using Badge to Get Sex
Robert Forman said the incident was mutual and denied being sexually involved with two other accusers.
Forman is charged with three felonies, including sexual battery and oral copulation under the color of authority. If convicted, he could face up to 19 years in prison.
Forman described himself as a good cop while testifying in his own defense, but said he had violated certain Riverside Police Department policies, becoming complacent and lazy. At times, he failed to record interviews and to inform the station of his whereabouts. He paid one of his accusers $10 for information about drug activity in Riverside, pulling the money from his personal bank account.
He said he had oral sex with a woman shortly after investigating her for a crime, and he gave his personal cell phone number to people while on duty, including one of his accusers.
Forman cried on the witness stand, saying the situation had been a learning experience and had cost him his career, damaged the reputation of the department and hurt his family.
"I know how it looks," Forman said. "This is my time to tell what happened, so I'm here today telling you exactly what happened."
The officer of 11 years said he was not proud of his conduct but that he did not use his badge for sexual favors.
He explained that one prostitute was in his patrol car because he was giving her a ride. He denied helping the same woman steal $100 from one of her clients when she got into Forman's patrol car after failing to perform a sex act on the client.
Forman testified that when investigating a possible check fraud case in April 2008, he returned to the home where the operation was allegedly taking place without telling a fellow officer he was training.
"She asked if I'd come back and help her get these people out of here," Forman said. He cleared the home and looked in the bedroom closet to see if anyone was inside.
"She told me that it was a fantasy of hers, that she always wanted to be with a police officer in a sexual nature," Forman said.
Forman said the woman then led him to the bed and sat him down and began to have oral sex with him.
"She walked me outside and said that next time I came back, she wants to have sex with me," Forman testified.
The woman told investigators that Forman demanded sex from her or she would be arrested.
Forman is expected to continue testifying today.
Officer Jason Bandy Arrested for Urinating on Bar Floor
Jason Bandy was charged with second-degree breach of peace, interfering with an officer and disorderly conduct.
New Haven Police's Internal Affairs division is also investigating this incident. Bandy is currently on administrative duty pending the outcome of an internal investigation.
"The New Haven Police Department takes any incident involving possible misconduct by an officer very seriously as we expect officers to serve as role models to the community," Chief James Lewis said.
Bandy allegedly refused to leave the Center Street Lounge on Oct. 30. Police say he urinated in the floor in front of a female bouncer and later showed his badge and said, "Do you know who I am?"
Youtube video:
http://www.youtube.com/watch?v=OT03mSlHfyA
Officer Adam Stoddard Ordered to Jail
A Maricopa County Sheriff's detention officer ordered to report to jail on Tuesday is now in custody, according to officials.
MCSO spokesperson Douglas Matteson said Detention Officer Adam Stoddard self-surrendered at approximately 6 p.m. Tuesday and is now in a MCSO jail.
A judge had ordered Stoddard to apologize to a Phoenix attorney Monday night to avoid jail time, but he refused.
Stoddard was found in contempt of court for walking up to an attorney's desk in a Phoenix courtroom and removing a document from files sitting on the desk.
"My officer will go to jail; we'll appeal it," Arpaio said on Tuesday afternoon. "I'm very angry about this."
Stoddard had until midnight to report to the jail; otherwise, a warrant was expected to be issued for his arrest.
"For political reasons, he was thrown to the wolves," Arpaio added.
On Monday night, Stoddard spoke with the media, clarifying his motivation in the October 19 incident.
I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
It was a split second decision and I do not regret my actions.
Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.
Courtroom video recorded Stoddard's actions during the sentencing of an inmate in October.
In the video, you can see Stoddard walk up behind the public defender and touch her paperwork.
About 30 seconds later, Stoddard calls another officer over and takes a piece of paper.
You can hear the public defender, Joanne Cuccia, say in confusion, "Would you excuse me for a moment?"
That's when Cuccia starts defending herself saying all of the paperwork she got from her client was through jail mail.
"I want to know what they took and what's going on," Cuccia says.
Several times, you can hear the judge asking what happened.
"But you don't get to do that," Cuccia says.
Stoddard had until Monday to comply with a judge's orders.
Cuccia was at the courthouse Monday night as Stoddard read his statement to the media.
With her attorney, Craig Mehrens at her side, Cuccia expressed her shock that Stoddard didn't apologize for his actions.
"I was surprised," said Cuccia. "We came down here for an apology and we didn't get that, what are going to do?" Cuccia said before she was escorted from the media by Mehrens.
Stoddard was required to report to jail on December 1 unless the conditions set by the judge were met.
Those conditions were:
1) On or before November 30th, 2009, at a time convenient for Ms. Cuccia, a news conference to take place in the plaza on the north side of the central court building where he is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation.
2) If at the news conference, Ms. Cuccia does not state that the apology is sufficient, Stoddard will report to the jail on December 1, 2009 and be detained until further order upon a finding that he has complied with the purge clause.
"She's going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That's nuts. That's absolutely nuts," said deputy county attorney Tom Liddy.
Maricopa County Sheriff Joe Arpaio responded to the ruling on November 18, saying Superior Court judges do not order his staff to hold press conferences.
"I decide who holds press conferences and when they are held regarding this Sheriff’s Office," Arpaio said. "My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation."
Earlier this month, Stoddard explained to a judge why he took the document.
The deputy said four key words on the paperwork made him decide to take it and make copies.
He said the words were 'going to,' 'steal' and 'money.'
The deputy also said he decided to take the paperwork because he hadn't had a chance to search it before the trial.
In a written statement, MCSO officials earlier said their officers have the right to search for contraband.
But the video reveals that the only thing taken was paperwork.
MCSO spokesperson Douglas Matteson said Detention Officer Adam Stoddard self-surrendered at approximately 6 p.m. Tuesday and is now in a MCSO jail.
A judge had ordered Stoddard to apologize to a Phoenix attorney Monday night to avoid jail time, but he refused.
Stoddard was found in contempt of court for walking up to an attorney's desk in a Phoenix courtroom and removing a document from files sitting on the desk.
"My officer will go to jail; we'll appeal it," Arpaio said on Tuesday afternoon. "I'm very angry about this."
Stoddard had until midnight to report to the jail; otherwise, a warrant was expected to be issued for his arrest.
"For political reasons, he was thrown to the wolves," Arpaio added.
On Monday night, Stoddard spoke with the media, clarifying his motivation in the October 19 incident.
I am Maricopa County Detention Officer Adam Stoddard. I work in the Court Security Division of the Sheriff’s Office and have been with the Sheriff’s Office for five years.
Recently, Superior Court Judge Gary Donahoe ordered me to hold a press conference to publicly apologize for doing the job I have been trained to do.
Part of my job in providing security to the court is to inspect documents brought into the courtroom. On October 19th, I saw a document that I had not yet screened, and that raised security concerns. I retrieved that document in plain sight and had court personnel copy it to preserve it as evidence in case it was a security breach.
It was a split second decision and I do not regret my actions.
Judge Donahoe has ordered me to feel something I do not and say something I cannot. I cannot apologize for putting court safety first.
The judge therefore puts me in a position where I must lie or go to jail. And I will not lie.
Courtroom video recorded Stoddard's actions during the sentencing of an inmate in October.
In the video, you can see Stoddard walk up behind the public defender and touch her paperwork.
About 30 seconds later, Stoddard calls another officer over and takes a piece of paper.
You can hear the public defender, Joanne Cuccia, say in confusion, "Would you excuse me for a moment?"
That's when Cuccia starts defending herself saying all of the paperwork she got from her client was through jail mail.
"I want to know what they took and what's going on," Cuccia says.
Several times, you can hear the judge asking what happened.
"But you don't get to do that," Cuccia says.
Stoddard had until Monday to comply with a judge's orders.
Cuccia was at the courthouse Monday night as Stoddard read his statement to the media.
With her attorney, Craig Mehrens at her side, Cuccia expressed her shock that Stoddard didn't apologize for his actions.
"I was surprised," said Cuccia. "We came down here for an apology and we didn't get that, what are going to do?" Cuccia said before she was escorted from the media by Mehrens.
Stoddard was required to report to jail on December 1 unless the conditions set by the judge were met.
Those conditions were:
1) On or before November 30th, 2009, at a time convenient for Ms. Cuccia, a news conference to take place in the plaza on the north side of the central court building where he is to give Ms. Cuccia a sincere verbal and written apology for invading her defense file and for the damage that his conduct may have caused to her professional reputation.
2) If at the news conference, Ms. Cuccia does not state that the apology is sufficient, Stoddard will report to the jail on December 1, 2009 and be detained until further order upon a finding that he has complied with the purge clause.
"She's going to decide if Officer Stoddard is going to go to jail on December 1st? You know what? That's nuts. That's absolutely nuts," said deputy county attorney Tom Liddy.
Maricopa County Sheriff Joe Arpaio responded to the ruling on November 18, saying Superior Court judges do not order his staff to hold press conferences.
"I decide who holds press conferences and when they are held regarding this Sheriff’s Office," Arpaio said. "My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation."
Earlier this month, Stoddard explained to a judge why he took the document.
The deputy said four key words on the paperwork made him decide to take it and make copies.
He said the words were 'going to,' 'steal' and 'money.'
The deputy also said he decided to take the paperwork because he hadn't had a chance to search it before the trial.
In a written statement, MCSO officials earlier said their officers have the right to search for contraband.
But the video reveals that the only thing taken was paperwork.
Rookie Deputy Arturo Ramirez Arrested for Domestic Violence
A rookie Palm Beach County Sheriff's deputy is on paid administrative leave after he was arrested Sunday on a misdemeanor battery charge, authorities confirmed today.
Arturo Ramirez, 21, was booked after deputies responded around 5:30 a.m. Sunday to Ramirez's Lake Park home for a report of domestic violence between him, his wife, and his wife's friend, sheriff's spokeswoman Teri Barbera said today.
Ramirez left jail 1-1/2 hours later on supervised release, records show.
The deputy was hired in January, Barbera said.
Tuesday, December 01, 2009
Officer David Seaton Indicted for Manslaughter
A former San Antonio police officer involved in a high-speed wreck last year that killed a colleague has been indicted on manslaughter and aggravated assault charges.
David Seaton, 44, could face up to life in prison if convicted of either of the felony offenses — a stark contrast to the maximum 10-year sentence he faced last month before rescinding a plea agreement with prosecutors.
Seaton rescinded his no contest plea Nov. 12, the day he was scheduled to be sentenced on the manslaughter charge in connection with Officer Robert Davis' death.
State District Judge Sid Harle granted Seaton's last-minute request to back out of the plea agreement, saying he would allow it because the former officer's case had not yet been reviewed by a grand jury.
On Monday, a grand jury returned the indictments against Seaton, who remained free on bail Tuesday afternoon. The aggravated assault charge stems from serious injuries motorist Darrell Lampkin suffered in the Nov. 28, 2008, crash. Seaton is expected to again surrender to authorities now that he has been indicted.
Both felonies are generally punishable by up to 20 years in prison, but because Seaton was an officer when the crash occurred, the maximum possible punishment range was enhanced to 99 years or life in prison.
Tuesday marked one year since Davis' death. The rookie officer suffered massive head injuries and was taken off life support three days after being struck on Potranco Road at Hunt Lane, where he had been working an unrelated accident.
Investigators believed Seaton was driving more than 100 mph without his overhead lights on when he was responding to a low-priority shoplifting call, according to the San Antonio Police Department. The Police Department recommended to the district attorney's office last December that he be charged with manslaughter.
The indictment and its enhanced sentence range should not come as a surprise to Seaton, said Adriana Biggs, chief of the district attorney's white-collar crimes division.
“We thought these were the appropriate charges to put before the grand jury,” she said. “Now it's up to the trial jury.”
Defense attorney Jay Norton on Tuesday said he still holds out hope his client can reach another plea agreement with prosecutors given the uncertainty of a jury trial.
Prosecutors previously said a plea agreement is still feasible, but the terms wouldn't get better than what Seaton has been offered. Norton declined to comment on what changes Seaton might seek, or why the original agreement became untenable.
Ultimately, he said, his client is ready to place his fate in the hands of jurors if necessary.
“It's not like he walked away from it unscathed,” Norton said of the wreck, pointing out that Seaton is still undergoing physical therapy for his injuries. “It's a tragic situation all around.”
David Seaton, 44, could face up to life in prison if convicted of either of the felony offenses — a stark contrast to the maximum 10-year sentence he faced last month before rescinding a plea agreement with prosecutors.
Seaton rescinded his no contest plea Nov. 12, the day he was scheduled to be sentenced on the manslaughter charge in connection with Officer Robert Davis' death.
State District Judge Sid Harle granted Seaton's last-minute request to back out of the plea agreement, saying he would allow it because the former officer's case had not yet been reviewed by a grand jury.
On Monday, a grand jury returned the indictments against Seaton, who remained free on bail Tuesday afternoon. The aggravated assault charge stems from serious injuries motorist Darrell Lampkin suffered in the Nov. 28, 2008, crash. Seaton is expected to again surrender to authorities now that he has been indicted.
Both felonies are generally punishable by up to 20 years in prison, but because Seaton was an officer when the crash occurred, the maximum possible punishment range was enhanced to 99 years or life in prison.
Tuesday marked one year since Davis' death. The rookie officer suffered massive head injuries and was taken off life support three days after being struck on Potranco Road at Hunt Lane, where he had been working an unrelated accident.
Investigators believed Seaton was driving more than 100 mph without his overhead lights on when he was responding to a low-priority shoplifting call, according to the San Antonio Police Department. The Police Department recommended to the district attorney's office last December that he be charged with manslaughter.
The indictment and its enhanced sentence range should not come as a surprise to Seaton, said Adriana Biggs, chief of the district attorney's white-collar crimes division.
“We thought these were the appropriate charges to put before the grand jury,” she said. “Now it's up to the trial jury.”
Defense attorney Jay Norton on Tuesday said he still holds out hope his client can reach another plea agreement with prosecutors given the uncertainty of a jury trial.
Prosecutors previously said a plea agreement is still feasible, but the terms wouldn't get better than what Seaton has been offered. Norton declined to comment on what changes Seaton might seek, or why the original agreement became untenable.
Ultimately, he said, his client is ready to place his fate in the hands of jurors if necessary.
“It's not like he walked away from it unscathed,” Norton said of the wreck, pointing out that Seaton is still undergoing physical therapy for his injuries. “It's a tragic situation all around.”
Former Officer Brad Boyd Arrested for Doctor Shopping
A former Williamsburg Police Department officer is behind bars following an arrest Monday evening.
Kentucky State Police officers arrested former officer Brad A. Boyd. The 45-year-old had a warrant for his arrest in connection to an investigation performed by another police agency. A source explained that Boyd was being investigated for doctor shopping.
The only official record available as of press deadline Monday night indicates that Boyd was arrested by Trooper Mike Witt, who was serving an arrest warrant for another agency. The source, however, said that Boyd will likely be charged with obtaining a controlled substance by fraud or deceit. The source could not speculate as to how many counts of the offense Boyd will face. Also according to the source, the investigation was performed by the Kentucky Inspector General’s Office.
Chief Wayne Bird of the Williamsburg Police Department confirmed that Boyd resigned as an officer sometime in May, but he could not provide an exact date for Boyd’s resignation. Bird could not comment on the circumstances surrounding Boyd’s resignation, but he indicated that more details may be available within the next few days.
Kentucky State Police officers arrested former officer Brad A. Boyd. The 45-year-old had a warrant for his arrest in connection to an investigation performed by another police agency. A source explained that Boyd was being investigated for doctor shopping.
The only official record available as of press deadline Monday night indicates that Boyd was arrested by Trooper Mike Witt, who was serving an arrest warrant for another agency. The source, however, said that Boyd will likely be charged with obtaining a controlled substance by fraud or deceit. The source could not speculate as to how many counts of the offense Boyd will face. Also according to the source, the investigation was performed by the Kentucky Inspector General’s Office.
Chief Wayne Bird of the Williamsburg Police Department confirmed that Boyd resigned as an officer sometime in May, but he could not provide an exact date for Boyd’s resignation. Bird could not comment on the circumstances surrounding Boyd’s resignation, but he indicated that more details may be available within the next few days.
Officer Latrenta Grayson Charged with Aggravated Assault
A Paterson police officer Tuesday was charged in an indictment with official misconduct and aggravated assault in connection with her shooting a man who got into a fight with her boyfriend in her home.
Police Officer Latrenta Grayson, 32, of Paterson, had obtained a restraining order on Feb. 6, 2009, barring 30-year-old Albert Mullings of Teaneck from her residence, according to officials. Mullings allegedly entered Grayson’s home at 238 Wall Ave. through a rear bathroom window at about 2:10 a.m. on Aug. 24, 2009. Once inside, he threatened to kill and then assaulted Grayson’s boyfriend, Anthony Spruil, authorities allege. A subsequent confrontation near Wall and 15th avenues led to Grayson firing two shots at Mullings, hitting him once in his right arm, according to officials.
Prosecutors say Grayson falsely reported the circumstances leading up to the shooting when giving her initial account to Paterson patrol officers, in her official report filed several days later and in a follow-up interview conducted by detectives from the Passaic County’s Prosecutor’s Office. Authorities say they found that Grayson was not justified at firing the two shots at Mullings in trying to protect herself or Spruill under state Attorney General’s Office guidelines on appropriate use of force by a police officer.
Mullings is also charged in the indictment with contempt of court in connection with violation of the restraining order, burglary and terroristic threats.
Officials did not offer further details of the case Tuesday. Grayson and Mullings, or their representatives, could not immediately be reached for comment nor could it be immediately confirmed what Grayson’s status is on the force.
Police Officer Latrenta Grayson, 32, of Paterson, had obtained a restraining order on Feb. 6, 2009, barring 30-year-old Albert Mullings of Teaneck from her residence, according to officials. Mullings allegedly entered Grayson’s home at 238 Wall Ave. through a rear bathroom window at about 2:10 a.m. on Aug. 24, 2009. Once inside, he threatened to kill and then assaulted Grayson’s boyfriend, Anthony Spruil, authorities allege. A subsequent confrontation near Wall and 15th avenues led to Grayson firing two shots at Mullings, hitting him once in his right arm, according to officials.
Prosecutors say Grayson falsely reported the circumstances leading up to the shooting when giving her initial account to Paterson patrol officers, in her official report filed several days later and in a follow-up interview conducted by detectives from the Passaic County’s Prosecutor’s Office. Authorities say they found that Grayson was not justified at firing the two shots at Mullings in trying to protect herself or Spruill under state Attorney General’s Office guidelines on appropriate use of force by a police officer.
Mullings is also charged in the indictment with contempt of court in connection with violation of the restraining order, burglary and terroristic threats.
Officials did not offer further details of the case Tuesday. Grayson and Mullings, or their representatives, could not immediately be reached for comment nor could it be immediately confirmed what Grayson’s status is on the force.
Officer Brian Ditmore Shoots Brother-in-law Then Turns Gun on Himself
An off-duty policeman shot his brother-in-law Thanksgiving Day and then turned the gun on himself, authorities say.
Members of the Oklahoma Highway Patrol's tactical team late Thursday found Mangum police officer Brian Ditmore dead inside his home in the 900 block of W Tyler, said Jessica Brown, Oklahoma State Bureau of Investigation spokeswoman.
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Brown said it appears Ditmore, 37, shot himself in the chest after wounding his brother-in-law, Mangum Fire Chief Fred Willis, 41. The investigation is ongoing, she said.
About 2:30 p.m. someone in the home reported a domestic dispute between Ditmore and his wife. Police responded, along with Willis who lives nearby, Brown said.
"When police arrived Mr. Willis was stumbling out of the house, injured from a gunshot wound to the stomach," Brown said.
"A few minutes later there was a single gunshot from inside the house."
Brown said officers tried for several hours to communicate with Ditmore. They later sent an OHP robot into home and determined it was safe to enter, she said.
Willis was listed in fair condition Friday after getting surgery at Jackson County Memorial Hospital in Altus.
Members of the Oklahoma Highway Patrol's tactical team late Thursday found Mangum police officer Brian Ditmore dead inside his home in the 900 block of W Tyler, said Jessica Brown, Oklahoma State Bureau of Investigation spokeswoman.
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Brown said it appears Ditmore, 37, shot himself in the chest after wounding his brother-in-law, Mangum Fire Chief Fred Willis, 41. The investigation is ongoing, she said.
About 2:30 p.m. someone in the home reported a domestic dispute between Ditmore and his wife. Police responded, along with Willis who lives nearby, Brown said.
"When police arrived Mr. Willis was stumbling out of the house, injured from a gunshot wound to the stomach," Brown said.
"A few minutes later there was a single gunshot from inside the house."
Brown said officers tried for several hours to communicate with Ditmore. They later sent an OHP robot into home and determined it was safe to enter, she said.
Willis was listed in fair condition Friday after getting surgery at Jackson County Memorial Hospital in Altus.
Officer Shawn Parra Arrested for Drunk Driving
Another Toledo police officer has been arrested for drunken driving, marking the third such offence in the past two months.
Officer Shawn Parra, 35, was cited by Toledo Police on Thanksgiving Day for operating a vehicle under the influence of alcohol.
Authorities say Parra was involved in a hit and run crash early Thursday morning. Police reports indicate the off-duty officer was driving a Jeep Cherokee south on Tremainsville Rd. when he struck a utility pole before fleeing the scene.
Parra has been charged with OVI, failure to control a vehicle and failure to stop after an accident.
Officer Shawn Parra, 35, was cited by Toledo Police on Thanksgiving Day for operating a vehicle under the influence of alcohol.
Authorities say Parra was involved in a hit and run crash early Thursday morning. Police reports indicate the off-duty officer was driving a Jeep Cherokee south on Tremainsville Rd. when he struck a utility pole before fleeing the scene.
Parra has been charged with OVI, failure to control a vehicle and failure to stop after an accident.
Officer Kyle Zumbrunn Sentenced to Prison for Selling Drugs
A former Weston, Mo. police officer was sentenced to prison for selling drugs in Atchison.
Kyle Zumbrunn will serve the 15 months in state prison for distribution of a controlled substance and eight months concurrently for illegal use of a telephone.
Zumbrunn was arrested Sept. 22 after he sold 80 pills containing a controlled substance to a Kansas Bureau of Investigation undercover agent in Atchison. The 26-year-old Zumbrunn pleaded guilty.
Atchison County Attorney Gerald Kuckelman agreed with defense attorney's request for probation. But District Judge Martin Asher said he could not disregard the fact that Zumbrunn was a police officer when he committed the crime and said he deserved prison time.
Kyle Zumbrunn will serve the 15 months in state prison for distribution of a controlled substance and eight months concurrently for illegal use of a telephone.
Zumbrunn was arrested Sept. 22 after he sold 80 pills containing a controlled substance to a Kansas Bureau of Investigation undercover agent in Atchison. The 26-year-old Zumbrunn pleaded guilty.
Atchison County Attorney Gerald Kuckelman agreed with defense attorney's request for probation. But District Judge Martin Asher said he could not disregard the fact that Zumbrunn was a police officer when he committed the crime and said he deserved prison time.
Officer Bryan Spiotti Acused of Hitting Suspect Gets Deal for Lesser Charge
The Wolcott police officer accused of hitting a suspected drunk driver has worked out a deal for a lesser charge.
Officer Bryan Spiotti said he stands behind how he handled the events inside of the Wolcott Police holding cell the night he arrested Glenn Pelletier in January for drunk driving.
Spiotti was arrested after prosecutors watched a surveillance tape of the assault, but Monday in court, Spiotti pleaded to a lesser disorderly conduct charge.
The state's attorney said that what happened in the holding cell was criminal, but after talking to Pelletier, the decision was made to work out a plea agreement because he was not looking to press charges.
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http://www.wfsb.com/news/21766036/detail.html
Officer Bryan Spiotti said he stands behind how he handled the events inside of the Wolcott Police holding cell the night he arrested Glenn Pelletier in January for drunk driving.
Spiotti was arrested after prosecutors watched a surveillance tape of the assault, but Monday in court, Spiotti pleaded to a lesser disorderly conduct charge.
The state's attorney said that what happened in the holding cell was criminal, but after talking to Pelletier, the decision was made to work out a plea agreement because he was not looking to press charges.
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http://www.wfsb.com/news/21766036/detail.html
Former Officer Kyle Zumbrunn Going to Prison
A former Weston, Mo., police officer will go to prison for selling drugs in Atchison.
With his attorney, J. David Farris, beside him, Kyle Zumbrunn appeared in court Monday for sentencing before District Judge Martin Asher. Mr. Farris had two rows of witnesses sitting in the courtroom ready to testify on behalf of his client.
On Sept. 22, Mr. Zumbrunn sold 80 pills containing a controlled substance to a Kansas Bureau of Investigation undercover agent at the Wal-Mart parking lot in Atchison. Mr. Zumbrunn pleaded guilty.
Sgt. Kerry Stone, a detective with the Atchison Police Department, testified that Mr. Zumbrunn, 26, is serving his punishment every day and said he believed that probation was appropriate.
Mr. Farris told the judge that others would testify to the same thing.
The KBI agent involved in the case told Gerald Kuckelman, Atchison County attorney, that the drug deal was a fluke and Mr. Zumbrunn didn’t even know the drugs’ street value.
Mr. Kuckelman said Mr. Zumbrunn was no risk to the community and agreed with the defense’s probation recommendation.
The defendant spoke briefly before sentencing, saying he didn’t really know why he tried to sell the pills but took responsibility for his actions.
Mr. Asher had other thoughts. The judge told the packed courtroom that this was the most difficult sentencing decision he’d had to make. The defendant lost his job, his career and put shame on himself, Mr. Asher said.
“And your actions show a complete disregard for community safety,” he said.
The crime wasn’t an impulse, but something you thought about, Mr. Asher said.
“The court struggles with the fact that you were a law enforcement officer and can’t overlook that,” he said. “The appearance of justice has to apply equally ... It can’t be a two-tiered system.”
Mr. Zumbrunn will serve 15 months in state prison on the charge of distribution of a controlled substance and eight months concurrently on a second charge of illegal use of a telephone.
The pronouncement of sentence ended quiet in the courtroom as women started weeping. Atchison County Sheriff John Calhoon took custody of Mr. Zumbrunn and removed him.
Mr. Zumbrunn’s arrest led to Greg Hoffman, Weston’s mayor, asking the Platte County Sheriff’s Department to investigate police procedures for handling evidence. Three detectives are handling that investigation and the Weston Police Department’s evidence locker was seized. No date has been announced for completion of the investigation.
With his attorney, J. David Farris, beside him, Kyle Zumbrunn appeared in court Monday for sentencing before District Judge Martin Asher. Mr. Farris had two rows of witnesses sitting in the courtroom ready to testify on behalf of his client.
On Sept. 22, Mr. Zumbrunn sold 80 pills containing a controlled substance to a Kansas Bureau of Investigation undercover agent at the Wal-Mart parking lot in Atchison. Mr. Zumbrunn pleaded guilty.
Sgt. Kerry Stone, a detective with the Atchison Police Department, testified that Mr. Zumbrunn, 26, is serving his punishment every day and said he believed that probation was appropriate.
Mr. Farris told the judge that others would testify to the same thing.
The KBI agent involved in the case told Gerald Kuckelman, Atchison County attorney, that the drug deal was a fluke and Mr. Zumbrunn didn’t even know the drugs’ street value.
Mr. Kuckelman said Mr. Zumbrunn was no risk to the community and agreed with the defense’s probation recommendation.
The defendant spoke briefly before sentencing, saying he didn’t really know why he tried to sell the pills but took responsibility for his actions.
Mr. Asher had other thoughts. The judge told the packed courtroom that this was the most difficult sentencing decision he’d had to make. The defendant lost his job, his career and put shame on himself, Mr. Asher said.
“And your actions show a complete disregard for community safety,” he said.
The crime wasn’t an impulse, but something you thought about, Mr. Asher said.
“The court struggles with the fact that you were a law enforcement officer and can’t overlook that,” he said. “The appearance of justice has to apply equally ... It can’t be a two-tiered system.”
Mr. Zumbrunn will serve 15 months in state prison on the charge of distribution of a controlled substance and eight months concurrently on a second charge of illegal use of a telephone.
The pronouncement of sentence ended quiet in the courtroom as women started weeping. Atchison County Sheriff John Calhoon took custody of Mr. Zumbrunn and removed him.
Mr. Zumbrunn’s arrest led to Greg Hoffman, Weston’s mayor, asking the Platte County Sheriff’s Department to investigate police procedures for handling evidence. Three detectives are handling that investigation and the Weston Police Department’s evidence locker was seized. No date has been announced for completion of the investigation.
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