Tuesday, December 15, 2009

Officer Steven Silk Accused of Hit and Run

It’s a story that seems to raise a few questions and a few eyebrows. In a NBC Connecticut exclusive, we uncover what appears to be questionable discipline against a New Haven police officer involved in a hit and crash in September.

NBC Connecticut obtained the 9-1-1 call made that night by driver Gerald Hughes of East Haven. In it, he tells the dispatcher he’s been rear-ended by the driver of a pickup truck that has left the scene. Throughout the call, Hughes details his pursuit of the hit and run driver that eventually ends on a Branford road a few miles away.

“I’ve got him boxed in. I’ve got him boxed in at a dead end,” said Hughes in the 9-1-1 call.

Turns out, the driver was New Haven police officer Steven Silk.

“He knew he hit me and he knew he was taking off,” Hughes said.

According to the accident report though, Silk was only given a verbal warning that night. There’s also no mention of the hit and run and no mention of the chase.

“If it was me, I think it would have been a different story, ya know? I’ll just leave it at that,” said Hughes.

Hughes says he had to have his entire rear bumper replaced and estimated the damage to have been around $1,600.

“I was under the understanding he would get a ticket. So as far as that goes, I don’t have any more comment,” said Hughes.

NBC Connecticut called the East Haven Police Department several times, but our calls were not returned. We also reached out to Officer Steven Silk, but didn’t hear back from him either.
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Resource Officer Domonique Robinson Charged with Possession of Marijuana

Darlington County Intervention School’s school resource officer has been charged with possession of marijuana with intent to distribute, according to a Darlington County Sheriff’s Office press release.

Domonique Robinson, a Darlington police officer, is in custody at the Darlington County Detention Center awaiting a bond hearing, according to the release. His age and address weren’t available.

Robinson has been suspended without pay pending the outcome of the investigation, Darlington Police Capt. Danny Watson said.

Darlington County School District officials also have been notified about his arrest, the release said.

A tip from the Hartsville Police Department prompted an investigation by the Darlington County Sheriff’s Office that led to the arrest. Darlington County Drug Enforcement Unit investigators found drugs in the suspect’s Hartsville residence late Tuesday afternoon, according to the release.

Robinson has been with the Darlington Police Department for about four years, Watson said.

“We never had any problems with him, no discipline,“ Watson said. “All we can do is wait and let the investigation take its course and proceed from there.“

Officer Mark Owen Resigns After Starving Horses Found at Farm

A veteran police officer who boarded his horse at a farm where 16 animals were found starving last month resigned as his police chief was preparing to launch an internal investigation into his possible knowledge of problems at the farm.

Officer Mark Owen, 44, resigned Friday from two local departments where he worked part-time, citing personal reasons.

When reached by telephone Tuesday night, Owen said he decided to retire mainly because of allegations circulating in the community that he ignored what was happening at the horse farm operated by Melissa Giambrone, who was arrested Nov. 27 by Trumbull County Sheriff's Deputy Harold Firster on charges of cruelty to animals and cruelty to companion animals. She has pleaded innocent and is due back in Newton Falls Municipal Court Jan. 12.

Owen said he bought a horse at a Bloomfield auction in July for $5 because his son wanted a horse. He said the animal had a broken foot that healed improperly and Giambrone offered to board it at her farm, assuring him she would have the horse put down if its foot continued to give it problems.

"When I first met her, you could have eaten off the barn floor it was so clean. I had no idea there were 16 horses there. I don't know where she kept them all," Owen said.

He said officers had responded numerous times to horses escaping the fenced in pasture, and each time the horses would be rounded up and put back inside the fence. Owen said Giambrone kept telling him she was going to have his horse put down because of its broken leg, but she never did.

"She had friends out here that would have helped her take care of the horses if she had asked. None of us knew," Owen said.

Braceville police Chief William Garro said he was planning to launch an internal investigation into whether Owen's conduct in relation to the removal of 16 horses from 5796 state Route 82 violated departmental policy.

Owen had worked part-time for the township for at least 10 years. He also resigned Friday from his part-time position with the Vienna Police Department, according to Trustee Jeff Dreves. He said Owen worked mostly midnight shift for the past four or five years.

Dreves said Owen resigned after a discussion with Chief David Ovesny, who declined to comment on the reason for Owen's resignation.

According to Firster's report, there was no food for the animals and they all appeared malnourished. He said several of the horses had eaten the tails of others and also had been chewing on the stalls.

Firster responded to the property after neighbors reported four horses were loose. The report states it was the fifth time the sheriff's office responded to the property in two weeks because of the horses breaking out of the stable.

Firster said Owen, who was off duty at the time, showed up and said he had a horse at Giambrone's farm.

Garro said he does not believe Owen did anything criminal, but he was planning an internal probe into whether Owen violated department policy in relation to the Giambrone case.

''Mark resigned before the investigation began," Garro said.

The man who owns the seven-acre property, Robert Norris of Palmyra Township in Portage County, said he bought it in July 2006 for $66,650 at a sheriff's sale and spent approximately $43,000 renovating the inside of the home. He said he planned to sell it but was having trouble finding a buyer and he agreed to rent it to Giambrone two years ago because she seemed nice and her family owned several companies in Aurora, including Giambrone Construction.

"When she moved in, she had three horses, one dog and one wolf. She accumulated a zoo while she lived there," Norris said.

He said the inside of the house is filthy and there is dog feces all over the floor. He said he is trying to evict Giambrone and has a hearing for the eviction Jan. 13 in Newton Falls Municipal Court.

Norris said Giambrone told him last summer that she was applying for nonprofit status to operate Melissa's Animal Rescue. A flier for the business lists the Route 82 address and asks for donations for the organization.

A phone number listed on the flier has been disconnected and a number provided by Norris also was disconnected. A message left Tuesday at Giambrone Construction was not returned.

Firster said the investigation is ongoing and more charges against Giambrone may be filed later.

Four of the horses removed from Giambrone's property remain at Happy Trails Farm Animal Sanctuary in Ravenna. The rest are either in foster care or were picked up by their owners.

Owen said his was the only horse to be euthanized.

Officer Ashley Rowe Under Investigation After Off-Duty Crash

There's an investigation developing into an off-duty Altamonte Springs police officer who crashed and badly injured her passenger.

Ashley Rowe, 24, lost control and crashed just north of State Road 434 and Maitland Boulevard early Tuesday morning and state troopers said they're now investigating whether Rowe had been drinking.

A scraped-up tree is the most visible evidence left from the crash on quiet Lotus Landing Boulevard (see map) in the wee hours of Tuesday morning. Florida Highway Patrol officials suspect off-duty Altamonte Springs police officer Ashley Rowe may have been drunk when she lost control, critically injuring her passenger. They took a sample of her blood at the hospital.

“I just wanted to make sure it's investigated the way it should be investigated and whatever comes out comes out,” said Tom Kroohs, the father of the injured passenger.

Kroohs' son Michael was still in serious condition Tuesday night. Kroohs says he doesn't know for sure about the drinking, but he does know a group of police officers and EMTs was out partying earlier in the evening before the crash.

“There was a bunch of people out at a restaurant, down at Millenia Mall or something. They were all coming back here,” he said.

Kroohs, who is an EMT with Reedy Creek, and Officer Rowe never made it. Tuesday afternoon, there were still shards of glass embedded in the bark of the tree Rowe hit.

Altamonte Springs Police Department put Rowe on paid leave while FHP investigates. Police officials said only when FHP finishes its investigation in about eight weeks will they decide if and how to punish Rowe.

Rowe has no previous criminal history.

Former Inspector Keith Bridges Convicted of Killing Four People

A former police inspector who crashed his car in France, killing four people including his wife, has received a suspended sentence from a French court.

Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.

He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.

Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.

Drinking session

He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.

He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.

Bridges showed no emotion as he was handed the sentence for "homicide involontaire".

Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash

Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.

The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.

An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.

Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.

He will live with this for the rest of his life
Tracey Dyer, survivor

Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.

The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.

His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.

She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.

"He will live with this for the rest of his life. No prison sentence would have made any difference."

Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.

"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."

Officer Eugene Rodella Fired After Fight at Bar

Eugene Rodella has been fired from his job as an Española police officer because of a fight two months ago at a tattoo parlor and hookah bar, according to Española Police Chief Julian Gonzales.

And it remains to be seen whether he can keep his license to be a cop as a law enforcement board mulls punishment for Rodella's involvement in the Oct. 7 off-duty rumble that sent two people to the hospital.

Gonzales said Rodella's termination was effective Wednesday of last week and was based on actions that the chief deemed as "firing offenses."

"There was substantial information developed through the internal affairs investigation to show he broke some criminal laws by committing assault and battery on the owner of the tattoo parlor," Gonzales said Friday.

The chief said Rodella - who, according to a State Pol ice report, ad m it ted drinking before the ruckus - "brought negative publicity to the city" and did not conduct himself appropriately as an off-duty officer in engaging in the fight.

The incident began when Rodella and younger brother Gabriel Rodella went to the Dragon's Lair Hookah Lounge and Defiant Artist Tattoo Parlor, where they instigated a fight with someone associated with the shops, according to police documents and 911 recordings.

The Rodella brothers went into the hookah lounge - which adjoins the tattoo shop - and confronted Christopher Whitsell, whom the brothers accused of beating up their nephew, T.J. Rodella, in a fight that took place at the same location the night before.

T.J. Rodella is the son of state Rep. Debbie Rodella, D-Española, and former Rio Arriba County Magistrate Tommy Rodella - the brother of Eugene and Gabriel Rodella. Tommy Rodella is running for Rio Arriba County sheriff.

Gabriel Rodella began punching and choking Whitsell in the parking lot before Whitsell tried to get away by running into the tattoo shop, according to police reports. The Rodellas chased after Whitsell and followed him into a room where Española police Detective Bryan Martinez was getting a tattoo.

The Rodellas pushed their way into the room and began fighting with tattoo shop owner Marlo Gray, who was sent to the hospital following the fight, as was Whitsell.

In a recording of 911 call, Detective Martinez can he heard telling officer Rodella, "You can't be doing that (expletive), bro." He also told a dispatcher, "They just came in here and broke a bunch of (expletive) and beat up a couple of guys."

Chief Gonzales said he sent Eugene Rodella - who was placed on paid administrative leave after the incident - notice on Nov. 23 that he was contemplating termination after an internal affairs investigation was concluded. The chief then met with Rodella, who gave his side of the story. After consulting with the department's deputy chiefs, Gonzales made a final decision to fire Rodella, the chief said.

Rodella can appeal the decision through a city grievance officer. Efforts to reach the Rodellas since the October fight have been unsuccessful.

According to the Rio Grande Sun, the hookah lounge and tattoo parlor closed down recently because of questions about whether the businesses

were properly licensed.

Eugene Rodella is facing other possible action. He took part in an informal hearing Thursday with state Law Enforcement Academy Director Arthur Ortiz, where they discussed the tattoo parlor incident, Ortiz said Friday.

Rodella faces possible punishment from the board, which he had already been in hot water with stemming from a prior case involving domestic violence allegations, Ortiz said. In March, Rodella was placed on one year's probation and other sanctions because of the previous case, which did not result in criminal charges.

With the latest alleged incident at the tattoo parlor, Rodella faces a potential five-year revocation of his law enforcement certification. If that sanction is imposed, he would have to go before the board after the revocation period to get recertified, Ortiz said. Rodella could also get lesser penalties, such as a lighter suspension period or more probation, or the matter could be dismissed by the law enforcement board altogether.

Ortiz said he will make a decision on what he intends to recommend to the board next week.

Whether Rodella face criminal charges from the October fight remains up in the air. District Attorney Angela "Spence" Pacheco has said her office continues to investigate.

Const. Jeffrey Buchanan Charged with Extorting Money

The Halifax police constable charged Sunday with extorting money from a man last week is accused of receiving $5,100, according to court documents obtained by CBC News.

The prosecution documents claim that Const. Jeffrey Buchanan, 29, demanded the money from Shawn Banfield, who is scheduled to be in provincial court Wednesday to face other charges.

The allegation details are in documents that are publicly available at the courthouse. They have yet to be proven.

The extortion is alleged to have happened in Halifax on Thursday, Dec. 10.

Buchanan was arrested Saturday at 2:30 a.m. while on duty and charged early Sunday. He is not in custody but has been suspended with pay.

He is scheduled to be in court on Jan. 26 to face charges of extortion and breach of trust.

Banfield is due in court Wednesday to face charges of assault and resisting and obstructing a police officer, dating to Dec. 9 and 10.

On Sunday, Halifax deputy police chief Chris McNeil said a "complex" investigation was conducted by the integrated Halifax Regional Police and RCMP team.

"Some of the witnesses were not necessarily forthcoming and co-operative," he said. "This is not a complainant who came forward to say 'I was extorted.'

"This is circumstances where police uncovered criminal activity and had to go out and seek out these people and not all of them were co-operative."

Officer Chad Robinson Accused of Domestic Violence

A Springfield Park District police officer is on unpaid administrative leave because of accusations that he battered a female family member.

Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.

Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.

Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”

Davis referred other questions to Mike Stratton, executive director of the park district.

“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”

Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.

Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.

Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.

A bench trial in that lawsuit is scheduled for 9 a.m. today.

Former Officer James Tallent Sentenced of Using Excessive Force

A former South Carolina officer is serving a 90-day jail sentence after a jury found he used excessive force in arresting three men.

The Herald-Journal of Spartanburg reports Tuesday that former Gaffney policeman James Tallent was convicted Friday of misconduct in office. The 43-year-old was sentenced to 90 days in the Cherokee County jail, six months of home detention and two years of probation.

Eddie Gilfillan, Leonard Tinnin and David Cobb complained of excessive force after their arrests Dec. 16, 2007, in a sports bar. Their charges were dropped before Tallent's trial.

Prosecutors said Tallent sprayed one man in the face with pepper spray and struck another repeatedly with a police baton.

Tallent's attorney argued he used police procedure in the arrests.

Information from: Herald-Journal, http://www.goupstate.com/

Former Officer Pilar Ortiz-Buckley Settles Sexual Harassment Lawsuit

A former police officer from Atherton is settling a sexual harassment lawsuit with the city for $230,000.

Former officer Pilar Ortiz-Buckley claimed the city's public workers supervisor sexually harassed her, and then forced her out of the police department when she complained to her superiors.

The city of Atherton decided to settle the case outside of court, without even taking legal depositions in the case.

The public works supervisor, Troy Henderson, is still employed by the city.

Officer Jose Villarreal Charged with Forging Documents

A Mexican national allegedly used forged documents to obtain U.S. citizenship and a job as a Homestead, Fla., police officer, authorities said.

Jose Villarreal, 31, has been charged with official misconduct, obtaining forged instruments and making false official statements, The Miami Herald reported Tuesday.

Villarreal's citizenship certificate was falsely obtained and the birth certificate he used contained false information about his date of birth, his middle name and his mother's name, the Florida Department of Law Enforcement said.

Villarreal, who was arrested Friday, was hired by Homestead
police in 2006. He has been placed on administrative leave with pay, police spokesman Ed Bowe said.

"It's always a disappointment for any department when a police officer is arrested,'' Bowe said.

Monday, December 14, 2009

Former Officer Marcus Tafoya Accused of Hitting People at Party

The father of a returning Iraqi war veteran testified on Monday that he saw a former Fresno police officer inappropriately hit several people at a party for his son.

David Rendon told jurors that after an argument broke out during the party for his son George, he saw officer Marcus Tafoya hit at least four people with his baton.

But under cross-examination, Rendon admitted that he locked the screen door of his house after Tafoya went inside, and that he wanted to go get his gun.

Rendon said if he had gotten the weapon, he would have done what he had to do to keep Tafoya from harming anyone else.

Rendon denied yelling, "I know Jerry Dyer personally -- you wait until he hears about this" -- referring to Fresno's police chief.

Late Monday afternoon, police Sgt. Richard Brown testified that when he went to the party scene that night, Officer Tafoya appeared to be upset, and he looked disheveled -- as if he had been in a struggle.

Tafoya is accused of eight counts of assault and one count of burglary in connection with that party and three other incidents.

He was fired from the police department two years ago.

Officer Jack Tiller Accused of Child Abuse

A Walkerton police officer has been accused of child abuse, in an incident that was reported last week to St. Joseph County police.

Jack Tiller, an officer with the Walkerton Police Department in far southwest St. Joseph County, is accused of abusing his daughter at the family's home, allegedly punching her in the arm and face, throwing her to the ground and spitting on her after the girl and Tiller's wife got into an argument Dec. 8.

Sgt. Bill Redman, St. Joseph County police spokesman, said the girl complained to an officer at Penn High School, who reported seeing bruises on the girl's arm and head.

According to Redman, the girl told police the fight occurred after she kept her father waiting to pick her up at the school.

St. Joseph County Prosecutor Michael Dvorak said the case has been received by the prosecutor's office Special Victims/Family Violence unit, but no charging decision has been made yet.

Tiller's current status with the Walkerton Police Department is not known, as Police Chief Gary Layer was out of the office today and other officers could not comment on the case.

Town Council member Glenn Jerrell said the suspension of a police officer would be discussed before the council.

"I'm making no comment about it," Jerrell said, when asked if Tiller had been suspended.

Tiller is the former town marshal of Roseland, but left in October 2007 because the city's budget problems resulted in payroll not being met.

In December 2007, Tiller was the subject of a grand jury investigation after he was accused of battering then-Roseland Town Council member David Snyder during an arrest, but no charges were ever filed in the case.

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DC Officer Accused of Hit and Run

Police are saying little about an incident in which a D.C. police cruiser apparently hit a teenager during a chase -- and then left the scene.

Dominic Turner, 18, suffered broken ribs, internal bleeding and a back injury when he was hit Saturday night. He returned home Monday afternoon, with a walker, after two days in the hospital.

"It was hard and fast. It caused me to vomit (from) the impact," Turner said. "I'm just glad I'm still here."

It all began, according to Turner's family, when a group of men, including Turner, were standing outside a family gathering holding cups. Police saw them and told them to drop the cups. That somehow evolved into a police chase. Turner was struck about 8:30 p.m. Saturday in an alley near 20th and Newton streets NE.
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A witnesses told the family the police cruiser hit Turner and the officer got out of the cruiser, walked over to the teen, grabbed him and then got back in the cruiser and took off.

"They were the people who were supposed to look out for me, but I became a victim," Turner said.

Witnesses went to get Turner's parents a the family gathering. The parents and relatives ran to the scene, finding Turner doubled over in pain, they said. The police and police cruiser were gone.

"When we arrived, it was the first responders there: ambulance and fire. And then, like 10 minutes later, the police were back," said Turner's mother, Darhisha Jackson Milton.

Milton and her husband, Gregory Milton, Turner's stepfather, said they were stunned by the police's alleged behavior.

"He should have done something instead of just leaving him there," Gregory Milton said. "He didn't do anything. He just hit him and then left."

According Turner's mother, their relatives, who had gathered at the scene, asked the police officers "'Who hit him?'" She said one officer -- after about 10 minutes -- said, "'Ma'am, I'm the one who hit your son.'"

Turner's relatives photographed the damaged cruiser when it returned to the scene Saturday night.
Jackson Turner said she didn't get the officer's name. Relatives took pictures of the damaged cruiser, number 5023. There was a long impact mark on the right side, including a broken side-view mirror.

"The mirror that was broken on the side of the car, was on my ribs and my stomach was on a light post," Turner said.

D.C. police did not directly confirm or deny the allegations. Gwendolyn Crump, the acting director of the MPD's Office of Communications issued a written statement:

"Multiple statements were taken following the incident and there are discrepancies over what occurred. The matter and the allegations are being investigated by the Internal Affairs Division. We cannot comment further. "

Turner graduated in May from Washington Math, Science, and Technology High School. He says he plans to start classes at Prince George's Community College next month.

Officer Phillip Setty Under Investigation for Being at Party where Underage Drinking was Taking Place

A local police officer is under investigation after pictures caught him in a compromising situation.

Photographs of a West Alexandria police officer dressed in uniform at a Halloween party where underage drinking was allegedly taking place.

The officer is Phillip Setty, a rookie policeman who's only been with the West Alexandria Police Department for a little over a year.

In fact, it was after work that he showed up at a Halloween party at an apartment in Bellbrook and pictures were taken that show what happened.

The 23 year old officer posed for pictures with several party goers, some holding alcohol. Setty also pretended to arrest one young woman also dressed up in a police uniform. In one photo, she has a drink in her hand while sitting on officer Setty's lap. In others, the female appears to be drinking shots.

The problem with that was found on her own myspace page along with several of the photographs. According to her profile, she is only nineteen and was drinking alcohol along with another person who claimed to be underage, while Officer Setty was present at the party.

Chief Charles Webb said, "We were just notified of this, this morning."

Some West Alexandria residents said they are disappointed in the alleged actions of a man who is supposed to be held to a higher standard. "Well, I think he should be dismissed," said Gene Moore.

While officers are investigating to determine if any crime occurred, the chief said he is worried about what the pictures suggest. "He is placed on administrative leave until we investigate it," said Webb.

There are also departmental policies on when and where police officers can wear their uniforms. Chief Webb said, "If you are going home or something it's acceptable, but if go to a party as this officer allegedly did, that is definitely not within our policy."

Setty is currently on unpaid administrative leave.

Former Officer Jose Sanchez Sentenced to 8 years for Molesting Teen

A former police officer in a San Antonio school district was sentenced to eight years in prison for molesting a teenage girl.

Jose Sanchez was working for the Edgewood Independent School District in 2007 when the victim, who is now 20, told authorities that Sanchez had sexually assaulted her from the time she was 11 to age 16. The incidents were not related the 59-year-old's job, but he was suspended and later resigned.

Sanchez pleaded no contest to sexual assault last month and was sentenced on Monday.

City Settles Lawsuit in Police Misconduct Case

Police told Jason Giandomenico to stay away from a Hawthorne liquor store. He admits to ignoring the order, but said that was no reason for an officer to break his jaw.

In October, the city paid Giandomenico $275,000 to settle his legal claim.

The payout propelled Hawthorne's settlements in police misconduct cases over the past five or so years beyond the $2 million mark, according to a Daily Breeze analysis.

Tommy Kang, the officer involved in the confrontation with Giandomenico, was responsible for more than a quarter of the city's payouts. Kang, a Medal of Valor recipient, is no longer with the force.

In another incident, Kang fractured Alex Rivera's neck during a domestic disturbance arrest at his home in 2007. Rivera, who claimed he was struck and hogtied by Kang, settled his case against the city in August for $340,000.

Kang was also named in two other claims stemming from the same shooting outside a bar on Christmas Day in 2003.

The city did not settle those claims, filed by a bystander shot in the foot and the family of a gunman killed by the officers.

The bystander filed a federal lawsuit, but a judge dismissed it on its merits without awarding anything, according to court records.

Kang and his partner received the Medal of Valor for the shooting in 2004.

It does not appear from the records that any one officer, aside from Kang, stands out as overly aggressive.

In all, his actions have cost the city $615,000.

Since 2004, the city has paid $2,117,200 to settle 15 claims of excessive force and other civil rights allegations.

It is difficult to compare Hawthorne's figures to other South Bay cities because of vastly different demographics and crime trends. However, one similarly sized city with nearly the same number of sworn officers has paid out only $20,000 in a single police misconduct case over the same time period.

Some Hawthorne officials, who asked not to be named, expressed concern about the payouts. They cited the expense to taxpayers, as well as public safety concerns.

A police spokesman, though, said there is nothing disturbing about the record.

"Compared to the amount of arrests and crimes in our city, and what our police officers are faced against every day, we feel that is not an unreasonable number, compared to neighboring cities," Lt. Mike Ishii said.

"If you take this into account, I would say it shows that, by and large, our officers are doing an effective job fighting crime and keeping the streets safe under difficult conditions," he added.

Ishii and City Manager Jag Pathirana said every significant incident of excessive force or civil rights violations is met with an appropriate response, which has included additional training and, in some cases, discipline of officers.

"We do learn from our mistakes," Pathirana added. "Corrective action has been taken every time."

Ishii confirmed that, as of Sept. 30, Kang was no longer employed by the city. He said he could not elaborate on the details of Kang's employment status because it is a personnel matter.

However, experts say that personnel actions and large settlements bring validity to such claims.

"If they're settling them at these numbers, I would say these claims are probably meritorious," Karen Blum, a professor at Suffolk University School of Law in Boston, said of Hawthorne.

Cases alleging police misconduct and civil rights violations are generally difficult for plaintiffs to win, Blum said.

But Blum, city officials and lawyers on both sides of police litigation know that many decisions to settle are based on economics.

"Of course, the downside to that is you look out the front door and there's a line of lawyers looking for their settlement check. A city can get a reputation," said Bruce Praet, an attorney at Ferguson, Praet & Sherman in Santa Ana who specializes in defending cities in police misconduct litigation.

"Anybody can file a lawsuit for anything and it's not infrequent that people who engage in confrontations with law enforcement, frankly, have little to lose by filing a lawsuit - and plenty to gain," added Praet, who does not represent Hawthorne.

Before a lawsuit can be filed against a government entity in state court, a legal claim must be filed. Once a claim is denied - or sometimes ignored - a lawsuit can be filed.

However, federal civil rights lawsuits do not require the filing of a government claim first.

In Hawthorne, City Attorney Russell Miyahira said, each settlement recommendation is made with "prudent risk management decisions."

Any characterization that the city has settled "a lot" of cases for a substantial amount of money is wrong, he said.

"Anybody can make a claim of misconduct," said Miyahira, who declined to discuss individual cases. "A lot of them are unfounded."

In one unusual case, however, Hawthorne paid a $40,000 settlement to a man who never even filed a claim for injuries he received during an arrest.

Omar Hill tried two times to file a federal lawsuit without an attorney, but it appears from court records he couldn't afford the filing fees and was never successful.

Hill's 2006 arrest was captured on video by a patrol car camera. According to sources who viewed the footage, Hill is first seen on the ground in handcuffs with officers holding him down.

When the patrol car stops, another officer enters the frame, runs to Hill, and kicks him in the head, face and back.

It's not clear why Hill was being arrested. California Department of Corrections and Rehabilitation show he is a repeat offender who has had several prison commitments.

Records show he is serving six years for an assault with a firearm conviction.

Miyahira, the city attorney, confirmed that Hill was offered a settlement even though no claim was filed.

Praet, the defense litigator, said the city's decision to approach Hill with an offer is not uncommon in his line of work.

"We're going to take care of that person, do the right thing and pay their medical expenses and make them whole," Praet said.

However, Thomas Beck, who specializes in police civil rights cases, said he has never heard of a government agency offering that much money when a legal claim has not been submitted.

"The reason that happened is because of that piece of tape and the behavior of those cops," Beck speculated.

In August, at the request of Mayor Larry Guidi, Miyahira authored a memo to the City Council detailing the 13 cases settled at that point by the city during the previous five years.

Guidi declined comment, calling it a "personnel matter."

Pathirana, though, said he knows the facts of each case and said the settlements are "unfortunately, the cost of doing business."

Pathirana noted that the city is responsible only for the first $250,000 of any settlement under its insurance policy.

That means that, of the 15 settlements, about $1.2 million was paid by Hawthorne taxpayers.

Nearly half of the money was to settle one claim.

A former Hawthorne couple received $1 million earlier this year after a rough arrest resulted in a broken jaw for Anthony Goodrow, who also claimed his medical care was delayed and officers submitted false reports to justify his arrest.

That incident led to a police misconduct investigation by the District Attorney's Office that is still ongoing.

The other 14 settlements ranged from $2,000 to the $340,000 paid to Rivera, with most being less than $100,000.

The majority claimed false arrest, with a handful stemming from injury complaints.

In 2004, a $50,000 settlement was paid to then-Gardena Councilman Steve Bradford. Bradford, recently elected to the state Assembly, claimed he was wrongly arrested in 2002 because he is black.

No Hawthorne Police Officer Association representatives returned telephone calls or e-mails.

The Daily Breeze analysis also included a review of claims, lawsuits and settlements in three other South Bay cities in the last five years.

Although no two cities are exactly alike, Torrance, Gardena and Hermosa Beach were chosen because they compare similarly to Hawthorne in terms of police force size, crime statistics and demographics of the residents.

As of September, the city of Torrance, which is the largest in this analysis with 246 sworn officers and a population of nearly 141,600, had paid more than $1.5 million to settle 11 cases during the same five-year period.

One case accounts for nearly half of the money. The city paid $700,000 to family members of two burglary suspects who were shot after hiding out in a tool shed during a search in 2008.

Three other claims stemming from officer-involved shootings account for a bit more than $600,000, according to city records.

Gardena, which has 91 sworn officers serving nearly 92,500 residents, settled one misconduct claim in the same time period by paying $20,000 to a schoolteacher who said he was wrongly arrested because he is black, according to records and the man's attorney.

Hermosa Beach, a smaller city with just 39 sworn officers serving a population of approximately 18,500, paid $426,500 to settle four claims.

Nearly half of that money, though, was paid in recent weeks to settle a claim stemming from an August 2004 incident of alleged excessive force that sparked a federal investigation.

Although Hermosa Beach's demographics are not comparable to Hawthorne's, the city was included in the review because of its reported history of excessive force accusations that arise from alcohol-fueled confrontations at Pier Plaza.

Hawthorne, with a population of about 92,455 and 96 sworn officers, recorded four homicides, 919 assaults and 378 robberies in 2008. During that same year, Torrance had two homicides, 109 assaults and 173 robberies, while Gardena reported three homicides, 141 assaults and 230 robberies.

Still, Beck, the lawyer who specializes in police civil rights cases, said he doesn't believe Hawthorne police officers behave differently than officers in other cities.

"They don't stand out as having any more problems than any other agency," he said.

Former Officer Maceo Simmons Re-Sentenced to 20 Years in Prison

A former Jackson police officer has been re-sentenced to 20 years in federal prison for sexually assaulting a woman while on duty in 1999.

The Clarion-Ledger reported that U.S. District Judge William Barbour Jr.'s ruling came Thursday in the case against Maceo Simmons.

The sentence is the third for Simmons in the same case since his 2005 conviction. Previous sentences were thrown out on appeal, based on how much prison time Simmons should have received under federal guidelines and the judge's discretion to deviate from them.

Simmons initially was sentenced to 20 years and later re-sentenced to life in prison.

Former Officer Maurice Morris Convicted of Attempted Sexual Battery

A former Riviera Beach K-9 officer was convicted today of attempted sexual battery, bribery and official misconduct and now faces an absolute maximum of 35 years in prison when sentenced in January.

Jurors convicted Maurice Morris following a trial last week featuring dueling stories: A prosecutor alleging he had sex with a female driver following a traffic stop, then disposed of two traffic tickets he had written her.

The defense argued that in an attempt to help her, Morris simply visited the woman's home to check her claim that she had a letter proving she didn't know her license was suspended. And that now she is inventing a story that he raped her.

Charged with sexual battery, punishable by up to 30 years in prison, jurors appeared to compromise with a lesser charge, finding him guilty of attempted sexual battery.

Morris' defense attorney, Nicole Sauvola, who could not immediately be reached following the verdict, has said she firmly believes in her client.

"He is not just not guilty. He is innocent. No good deed goes unpunished."

Assistant State Attorney Daliah Weiss argued at trial that Morris' brazen arrogance led him to have sex with the woman, an unsophisticated, vulnerable lady already in trouble with the law.

The woman was driving with a suspended license and on felony probation when she was stopped by Morris that morning in October 2008.

"She was ripe for the picking," said Weiss.

Weiss emphasized the missing traffic tickets — shown in the police dashboard video as last being handed to Morris — and his DNA being found in the woman's underwear.

It was not semen found there, though, but rather skin cells or another source that a DNA expert concluded Morris could not be excluded as a contributor to.

"Missing tickets. Rape. There you have it," Weiss argued before jurors. "And his DNA in her underwear."

According to Morris's story, and he did testify at trial, after he let the woman drive off after the traffic stop that morning, he happened to run into her again, her frantically waving him down as he drove home.

The GPS system in the patrol car he was driving showed he was at her home one hour and 23 minutes.

Too long to just read a letter, argued Weiss before jurors.

Too long for how the victim testified the sex act happened, said defense attorney Sauvola outside court. "She made it sound like two seconds," Sauvola said.

Weiss argued it is unbelievable that Morris would just happen to run into the woman once again, and let her drive off a second time with a suspended license, never calling for any kind of back-up or assistance.

Sauvola, Morris' attorney, emphasized irregularities in the DNA evidence in the case. For one thing, the woman turned in a different pair of underwear to police — a silver G-string, not the black undies, the wide band of which was visible in the video, she wore during the traffic stop.

On the first forensic testing of the silver G-string, no DNA was detected. But six months later in re-testing, some was then found, Sauvola said.

The woman was unable to identify Morris in either a photo lineup or in court — evidence, argued Weiss, that she had no motive to just make up a story of rape to get back at him. "And what was she angry about? Not getting a ticket?" Weiss said.

Under Florida law, it is considered a sexual battery without consent when a law enforcement or corrections officers "in a position of control or authority" or convincing the victim of their control, have sexual relations with someone.

Morris took an early retirement from the Riviera Police Department following his arrest. His alleged victim was recently jailed on unrelated attempted murder charge.

Officer Jose Villarreal Arrested for Falsifying Documents

A Homestead police officer has been arrested, accused of falsifying documents to obtain U.S. citizenship.

Miami-Dade jail spokeswoman Janell Hall said 31-year-old Jose Villarreal was still in jail Monday on $250,000 bail. He was arrested and charged last week with official misconduct, uttering forged instruments and false official statements.

According to the Florida Department of Law Enforcement, Villarreal, who was born in Mexico, turned in a birth certificate with false information about his birthday, his middle name and his mother's name. He later applied for a law enforcement certification, using a copy of his citizenship certificate, which authorities say he falsely obtained.

Authorities said Villarreal, who was hired by Homestead police in 2006, has been placed on administrative leave with pay.

Police officers must have U.S. citizenship to work on the force.

Douglas Boucher Dies After Being Tasered

Mason police have called a news conference for 2 p.m. to discuss an incident Sunday in which a man died after officers used a Taser on him during a confrontation outside a Speedway gas station.

The incident occurred outside the Speedway gas station on the corner of Tylersville Road and U.S. 42.

Mason police identified the man as Douglas Boucher, 39, of Mason. Boucher was pronounced dead at West Chester Medical Center shortly after the 11:15 p.m. incident.

A Mason police officer suffered a head injury in the incident and was taken to Bethesda North Hospital. The officer, whose name was not released, was treated and released.

Police said that officers were inside the Speedway getting a drink Sunday when Boucher arrived. A worker asked police to talk to him because he had caused trouble there.

Officers ordered Boucher out of the store, according to Mason police. Once he was outside the store, Boucher became combative with officers and hit one officer in the head, prompting officers to use the Taser on him, police said.

Boucher stopped breathing shortly after the Taser was used. Police gave him CPR and a Mason EMS squad rushed him to West Chester Medical Center, but he could not be revived.

Reached at their home in Marion, Ind., Boucher’s parents declined comment, saying they were still trying to learn all the details. “ I don’t even know what happened yet,” said Ernest Boucher, 68. “I know what they say, but I don’t know what happened.”

Douglas Boucher and his ex-wife, Sheryl Olszewski, divorced in 2005 but remained amicable. They have an 8-year-old daughter, Kathryn, who still lives in Mason with Sheryl Olszewski and her husband, Michael Olszewski.

The couple gently broke the news of her father’s death to the girl on Monday morning.

“Our daughter was his light and inspiration and they enjoyed their visits tremendously. Today is a sad day for her,'' according to a statement by Sheryl Olszewski.

She said her late husband as a musician who played bass for a couple of local bands. “He was a very passionate person – passionate about his daughter, his music and living life fully,” the statement reads.

Mason officers, who all carry X26 Tasers, have never had problems with the stun gun since they began using them in spring 2007, the department said.

Police increasingly are using Taser stun guns and other kinds of non-lethal weapons to subdue people. Taser stun guns use a replaceable cartridge containing compressed nitrogen to deploy two small probes that are attached to the gun. The devices transmit controlled pulses of electricity that are designed to incapacitate a person without affecting the heart and other vital organs.

Deaths after Taser use have stirred debate over police using electric-shock devices to subdue combative people.

The National Institute of Justice issued a June 2008 report saying that a study launched in 2006 showed use of shock devices is not risk-free, but "exposure is safe in the vast majority of cases."

Last year, the Hamilton County Coroner’s Office ruled a shock from a Taser played a role in the death of a 24-year-old Miami University graduate in an encounter with Oxford police.

Butler County Prosecutor Robin Piper concluded the officer did not use excessive force or violate police procedures in subduing Kevin Piskura, 24, of Chicago.

Hamilton County Coroner O’dell Owens ruled three factors caused Piskura’s death: A heart rhythm problem, acute alcohol intoxication and recent physical exertion, and the application of the Taser.

Tuscalossa Officer Accused of Sexual Assault

A Tuscaloosa police officer was put on paid leave Sunday after a victim of an alleged sexual assault identified the officer as the suspect, according to the Tuscaloosa Police Department.

The alleged sexual assault occurred Sunday at 6:45 a.m. in Vance, and the Tuscaloosa Metro Homicide Unit is investigating, the Tuscaloosa News reports. No investigator with the Tuscaloosa Police Department is part of the case, according to a news release.

The officer, whose name was not released, has not been arrested, and is on paid leave pending the outcome of the investigation, according to the Police Department.

Officer Jesus Sanchez Charged with Sexual Battery

A Salinas police officer and former Alisal High School soccer coach waived his right to a preliminary hearing Tuesday and was ordered to proceed to trial, his defense lawyer said today.

Officer Jesus Manuel Sanchez, a 10-year veteran of the police department, was arrested in July on suspicion of three counts of sexual assault with intent to rape. Prosecutors opted to charge Sanchez with two counts of sexual battery instead.

If convicted of those two counts, he faces a maximum prison term of five years.

Andrew Liu, his private Salinas attorney, said today that Sanchez is expected to appear in court Jan. 12.

Sanchez is charged with committing the crime against the same woman twice over a three-year span between May 1, 2002 and May 31, 2005.

He is accused of committing the crime both near Sherwood Hall and at El Sausal Middle School, part of the Salinas Union High School District.

Sanchez was the coach of the Alisal High School boys varsity soccer team for five years before leaving the position in 2008. During his coaching years, Sanchez was named The Salinas Californian's All-County Boys Coach of the Year four times.

Sunday, December 13, 2009

Sacramento Man Dies After Being Tasered

A 36-year-old Sacramento man died Friday evening following a struggle with police officers and jail staff in the Roseville City Jail.

At 5:19 p.m. on December 11, Roseville Police officers made a traffic stop on Orlando Avenue at Cirby Way and arrested the driver without incident for possession of methamphetamine. Officers transported him to the Roseville City Jail. Once inside the jail booking area, the man became combative and struggled with officers during the intake process. Several police officers responded and attempted to subdue him. During the struggle, staff found an additional quantity of methamphetamine on the arrestee's person.

During the struggle a sergeant deployed a Taser electronic control device, the darts striking the arrestee in the buttocks area. The man continued to resist for a short time, and then stopped breathing. Staff administered CPR and Roseville Fire Department paramedics responded, but were unable to revive the man. He was transported by ambulance to Sutter Roseville Medical Center, where he was pronounced dead.

The decedent's name is being withheld until his family can be notified. The Roseville Police Department has had no prior contacts with the man, but according to court records, he had a lengthy history of arrests in Sacramento County for crimes including robbery, vehicle theft, resisting arrest, and illegal drugs.

The Placer County Coroner's Office will conduct an autopsy to determine the cause of death. The officers involved in the incident have been placed on paid administrative leave per department protocol. A death investigation and an internal investigation are underway.

All questions regarding this incident should be directed to Lt. Mike Doane, 916-871-3286.

Sword-Wielding Man Dies After Being Tasered

A sword-wielding man died early Friday, hours after Hampton police twice used a TASER on him.

It was the first such reported death since officers there began carrying the devices in 2003, said Paula Scheck, a Hampton Police Department spokeswoman. No deaths have been reported in the three South Hampton Roads cities that widely outfit officers with TASERs.

According to a news release from Hampton police, officers responded to a complaint involving an emergency custody order in the first block of Overlook Court about 11 p.m. Thursday. When the 36-year-old man refused to come to the door, police called one of his relatives, who came to the scene.

When officers entered the home, the man swung a samurai-style sword at them, police said. Officers used the TASER on him once, and a second time when he continued to threaten them .

The man stopped breathing, and officers called medics and performed CPR. He was taken to a hospital, where he was pronounced dead at 1:15 a.m., police said.

Police identified the man as Hatchel Pate Adams III of Hampton. Officers involved were placed on administrative leave while the department conducts an internal investigation, according to the news release.

The Suffolk Police Department began carrying TASERs in June 2007. Norfolk added them in February 2008, followed by Virginia Beach this April.

Suffolk has said TASERs have resulted in fewer abuse complaints. But the conducted energy devices made headlines in Norfolk in October 2008 when a police officer used a TASER three times on a brain-damaged woman.

Amnesty International claims that more than 300 people have died after being struck with TASERs. The group says the devices were responsible in about 50 of those cases.

Drug intoxication accounted for most of the other deaths.

Officer Jesus Cisneros Under Investigation for Accident that Killed Woman

Police are investigating whether an off-duty Fort Worth police officer was driving under the influence of alcohol when his unmarked police vehicle collided with another car early this morning, killing a 27-year-old woman.

Officer Jesus Cisneros was traveling west in the 3800 block of Columbus Trail when his Toyota Highlander collided with a Chrysler PT Cruiser that had been traveling south on Evening Star Drive and attempted to turn east in front of him, according to a press release issued by the Fort Worth Police Department this morning.

The Cruiser’s driver, identified by the Tarrant County Medical Examiner's office as Sonia Baker of Fort Worth, was pronounced dead at the scene at 2:44 a.m.

Cisneros was taken to John Peter Smith Hospital in serious condition where it was determined alcohol may have been involved on the part of the off-duty officer, the release states.

The release adds, however, blood test results have not yet been returned.

“If the results reveal any alcohol in Cisneros’ system he will be immediately placed on restricted duty pending the outcome of an administrative investigation,” the release states.

The release states if the test show Cisneros had a blood alcohol content of .08 or higher, he will face driving while intoxicated and possibly intoxication manslaughter charges. Cisneros, 37, has been with the department since September 2001.

“This is a tragic incident and a very, very serious matter,” Lt. Paul Henderson, the department’s chief of staff states in the release. “Our thoughts and prayers are with the families.”

Officer Jason Anderson Fired After Being Charged with Manslaughter

Police commissioners in Milford Monday night fired a town police officer charged with manslaughter in a crash that killed two teenagers in June.

Commissioners agreed with Police Chief Keith Mello's recommendation to fire Officer Jason Anderson, of Milford.

The accident in Orange killed two 19-year-olds, David Servin and Ashlie Krakowski, both of Orange.

Police say Anderson was driving 94 miles an hour while returning from a mutual aid call in West Haven and didn't have his emergency lights or siren on when the teens' car turned in front of him on Route 1. Anderson and his lawyer have declined to comment on the allegations.

Commissioners on Monday also suspended Officer Richard Pisani for 30 days without pay. Pisani was driving alongside Anderson that night.
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Saturday, December 12, 2009

Columbus Officer Accused of Giving Student Back Confiscated Drug

A Columbus police officer who was working at East High School has been accused of confiscating an illegal drug from a student and then giving it back to that student.

The officer, who was not identified, faces an internal police investigation, Sgt. Richard Weiner said yesterday. He said he was unable to share more information about the case, including the type of drug involved, while the investigation is under way.

"It was some kind of narcotic," Weiner said.

Hearing Set for Former Officer Rodney Frick Accused of Raping Minor

Rodney Frick, a former Pocola auxiliary police officer accused of raping a minor, will have a preliminary hearing of his case at 9 a.m. Jan. 14, according to court records.

Frick, 51, of Pocola had an initial appearance in District Court on Thursday. Frick is accused of second-degree rape and soliciting sexual conduct or communication with a minor by use of technology.

Preliminary hearings are held to allow the judge to determine if there is sufficient evidence of the alleged offense/s to bind defendants over for trial.

District Attorney Jeffrey Smith has said that Frick, who also owns Hot Rod’s BBQ in Pocola, turned himself in on a complaint he had sex on multiple occasions with a teenager over an up to two-year period.

Smith has said Frick met the teen through his restaurant and is not suspected of illegal activity with any other minors.

Frick was arrested Nov. 10 and released on a $10,000 bond.

He is represented by Poteau defense attorney Gary Buckles.

On Thursday, Pocola Police Chief Dale Fout said Frick was an unpaid auxiliary officer who worked infrequently for the Pocola Police Department.

Fout said as soon as the information came in regarding the pending charges against Frick, Frick was no longer considered an employee.

Former Officer Christopher Dunbar Charged with Stabbing Man

A former Winchester (Va.) Police Department officer has been charged with stabbing a man at his home, according to Berkeley County Magistrate Court records.

Christopher Andrew Dunbar, 25, of 590 Platt Mountain Lane near Inwood, W.Va., was arraigned Friday by Magistrate Sandra L. Miller on one count of malicious wounding.

When Berkeley County Sheriff’s deputies went to Dunbar’s home at 2:23 a.m. Friday, they found Dunbar, a man with cuts to his right hand and neck, and a female applying pressure to the wounds to stop the bleeding, according to a complaint by Deputy Caleb Pearson.

Dunbar told police he understood his rights because he “used to be a cop in Winchester,” and he apologized for having to call the police to his residence for “small stuff like this,” according to Pearson’s complaint.

In a City of Winchester news bulletin in January 2009, Dunbar was listed as one of seven police officers to graduate in November 2008 from Rappahannock Regional Criminal Justice Academy’s law enforcement basic academy. Upon graduation, Dunbar was recognized for placing second in physical fitness, according to the bulletin

A City of Winchester official confirmed Friday that Dunbar no longer was employed with the police department.