One Central Texas woman says she feels Waco Police were putting on a show and using excessive force when they used a Taser on her brother-in-law last week.
Waco resident Jessica Smith says her brother-in-law, Brent Smith, was stunned and arrested by police at Cricket's Bar and Grill last week after he confronted another patron who publicly molested her.
“The guy walked by and squeezed my breast and I wasn't the only one who felt it and saw it," Smith told News 10.
Cell phone video shows a man being stunned with a Taser and then taken into police custody inside the doorway of the popular downtown pub.
“We thought the police were there to help us,” Smith said “I was so relieved when we heard police were coming because maybe somebody would listen to us.”
But Waco Police Sgt Melvin Roseborough says there is more to the story than what is shown by the dark, shaky video.
“Whenever the officer tried to handcuff this individual, he got one handcuff on,” Roseborough said.
The man in the video then pulled away from the police officer, Roseborough told News 10, and the handcuff became a weapon.
The officers responded in a manner to keep anyone from getting hurt in that situation, Roseborough said.
“I don’t feel my brother-in-law deserves this at all,” says Smith.
Brent Smith agreed, “My civil rights were violated by the city in which I pay my bills and that that’s what bothers me.”
Roseborough says an entire division exists within the Waco Police Department to hold officers accountable by listening to complaints.
Waco Police say, however, that no complaints have been filed in connection with the incident.
Wednesday, December 23, 2009
Officer Thomas Walker Arrested for Drunk Driving
An off-duty South Fayette Township police officer accused of driving under the influence of alcohol in a Cecil Township crash that injured two Bridgeville police officers was suspended from his job without pay Monday night.
Thomas J. Walker, 38, of 7 S. DePaoli Road, Cecil, was arrested Friday after his vehicle crashed into a Bridgeville police cruiser and knocked it into another, injuring two officers who were assisting on a call in Cecil. He also was charged with aggravated assault by motor vehicle while driving under the influence of alcohol.
Bridgeville police Chief Chad King said Tuesday that the two officers, Sgt. Gary James and Officer Chris Manolakos, are recovering at home. The officers were assisting Cecil police on a report of shots fired in a home on Millers Run Road (Route 50.)
"Sgt. James is in a lot of pain. He had to have part of his ear reattached and suffered a concussion," said King, who just took over as chief earlier this month. "He was partially ejected through the door of his cruiser. He was knocked totally out."
James was getting into his unmarked cruiser when it was hit by Walker's Hummer H-3. The door on the cruiser was not completely closed.
The unmarked car was knocked into Manolakos' marked car. King said he also suffered a concussion.
James will be off work for at least a month, while Manolakos' is awaiting clearance from his doctor to return to work.
Meanwhile, the eight-man Bridgeville department is down a quarter of its force and two of its fleet of four cruisers are off the road.
"Two of the six (officers) that are still working are on vacation," said King. "We are in a bind. I'm doubling out Christmas Day."
A preliminary hearing for Walker, scheduled for Tuesday, was continued at the request of his attorney, Noah Geary. Walker, who is a former police officer for Hanover and North Franklin townships, twice refused to submit to a blood-alcohol test.
South Fayette Township commissioners voted following an executive session Monday to suspend Walker without pay pending the investigation and disposition of charges, said Commissioner Deron Gabriel.
"Initially, (Chief Louis Volle) had suspended him with pay and we took action to make certain not to give Officer Walker a paid vacation based on his egregious actions," Gabriel said.
Thomas J. Walker, 38, of 7 S. DePaoli Road, Cecil, was arrested Friday after his vehicle crashed into a Bridgeville police cruiser and knocked it into another, injuring two officers who were assisting on a call in Cecil. He also was charged with aggravated assault by motor vehicle while driving under the influence of alcohol.
Bridgeville police Chief Chad King said Tuesday that the two officers, Sgt. Gary James and Officer Chris Manolakos, are recovering at home. The officers were assisting Cecil police on a report of shots fired in a home on Millers Run Road (Route 50.)
"Sgt. James is in a lot of pain. He had to have part of his ear reattached and suffered a concussion," said King, who just took over as chief earlier this month. "He was partially ejected through the door of his cruiser. He was knocked totally out."
James was getting into his unmarked cruiser when it was hit by Walker's Hummer H-3. The door on the cruiser was not completely closed.
The unmarked car was knocked into Manolakos' marked car. King said he also suffered a concussion.
James will be off work for at least a month, while Manolakos' is awaiting clearance from his doctor to return to work.
Meanwhile, the eight-man Bridgeville department is down a quarter of its force and two of its fleet of four cruisers are off the road.
"Two of the six (officers) that are still working are on vacation," said King. "We are in a bind. I'm doubling out Christmas Day."
A preliminary hearing for Walker, scheduled for Tuesday, was continued at the request of his attorney, Noah Geary. Walker, who is a former police officer for Hanover and North Franklin townships, twice refused to submit to a blood-alcohol test.
South Fayette Township commissioners voted following an executive session Monday to suspend Walker without pay pending the investigation and disposition of charges, said Commissioner Deron Gabriel.
"Initially, (Chief Louis Volle) had suspended him with pay and we took action to make certain not to give Officer Walker a paid vacation based on his egregious actions," Gabriel said.
Tuesday, December 22, 2009
Retired Officer Stephen Robert Deck Found Guilty of Attempted Lewd Act with Child
A retired California Highway Patrol lieutenant was convicted today of trying to have sex with someone he thought was a 13-year-old girl who was actually an adult undercover officer.
Stephen Robert Deck, 55, a Carlsbad resident who spent 23 years with the CHP, was found guilty of one felony count of attempted lewd acts on a child under 14, the Orange County district attorney's office said.
StephenDeck Deck was among 13 men swept up in a 2006 undercover sting by the Laguna Beach Police Department.
He initially had conversations over the Internet with a person he believed was a 13-year-old girl. He was in fact communicating with an adult volunteer from Perverted-Justice.com, a nonprofit organization that works with law enforcement nationwide to catch Internet sexual predators, prosecutors said.
Deck continued online communications and phone calls with an undercover officer who sounded young, authorities said. He made graphic sexual comments, including a statement about eating pie, according to prosecutors.
After arranging to meet the girl, Deck showed up at a Laguna Beach apartment with a key lime pie and a digital camera, prosecutors said. He was arrested at the scene.
He is scheduled to be sentenced Jan. 22 at the Santa Ana courthouse. He could serve up to four years in state prison.
Stephen Robert Deck, 55, a Carlsbad resident who spent 23 years with the CHP, was found guilty of one felony count of attempted lewd acts on a child under 14, the Orange County district attorney's office said.
StephenDeck Deck was among 13 men swept up in a 2006 undercover sting by the Laguna Beach Police Department.
He initially had conversations over the Internet with a person he believed was a 13-year-old girl. He was in fact communicating with an adult volunteer from Perverted-Justice.com, a nonprofit organization that works with law enforcement nationwide to catch Internet sexual predators, prosecutors said.
Deck continued online communications and phone calls with an undercover officer who sounded young, authorities said. He made graphic sexual comments, including a statement about eating pie, according to prosecutors.
After arranging to meet the girl, Deck showed up at a Laguna Beach apartment with a key lime pie and a digital camera, prosecutors said. He was arrested at the scene.
He is scheduled to be sentenced Jan. 22 at the Santa Ana courthouse. He could serve up to four years in state prison.
Officer John McCalister Charged with Assault
John McCalister, the Oakwood police officer who was charged with misdemeanor assault after striking a man inside a Dayton Rite Aid Pharmacy, submitted a letter of retirement, according to Oakwood Public Safety Chief Alex Bebris.
The letter said McCalister’s retirement was effective Dec. 18, Bebris said Monday, Dec. 21.
McCalister, 46, was caught on the pharmacy’s surveillance camera, striking Paul Watts, 48, of Dayton on Oct. 14 at 1158 Wilmington Ave. Watts did not attempt to strike back at McCalister, according to the video.
McCalister retired as a part of a written agreement between himself, the City of Oakwood and his union, the Fraternal Order of Police Lodge #107, Bebris said.
McCalister has been with the Oakwood Public Safety Department for 14 years and was a former Dayton Firefighter.
Neither John McCalister nor his attorney, Richard Skelton, could be reached for comment.
McCalister, along with wife and fellow Oakwood Officer Tiffany McCalister, had been on administrative leave since Oct. 30, according to letters filed in their personnel files.
John McCalister turned in his retirement letter before he was interviewed for the city’s internal investigation, Bebris said.
Tiffany McCalister witnessed the Oct. 14 event, according to a Dayton police report. She has not been charged.
The portion of the report that was released to the public said John McCalister advised his wife to go to a car and get a gun, but did not say if she actually sought a weapon.
“It is my understanding that no gun was shown,” said special prosecutor Michael Shiels, the city of Springfield’s chief prosecutor. However, he also said, “I don’t want to discuss the details of the case.”
Stephanie Cook, Dayton’s chief prosecutor, recused her office from the case because of a conflict of interest.
John McCalister is scheduled to appear at a pre-trial hearing before Judge John Pickrel on Feb. 23.
Tiffany McCalister was taken off of administrative leave last week and is now on sick leave, Bebris said.
“She is welcomed to come back to work,” Bebris said. He didn’t know when she would return, but said she is currently scheduled to return to work this week. He said also her internal investigation will be finished when she returns to work.
“I’m hoping that everyone involved is able to move forward on this,” Bebris said.
The letter said McCalister’s retirement was effective Dec. 18, Bebris said Monday, Dec. 21.
McCalister, 46, was caught on the pharmacy’s surveillance camera, striking Paul Watts, 48, of Dayton on Oct. 14 at 1158 Wilmington Ave. Watts did not attempt to strike back at McCalister, according to the video.
McCalister retired as a part of a written agreement between himself, the City of Oakwood and his union, the Fraternal Order of Police Lodge #107, Bebris said.
McCalister has been with the Oakwood Public Safety Department for 14 years and was a former Dayton Firefighter.
Neither John McCalister nor his attorney, Richard Skelton, could be reached for comment.
McCalister, along with wife and fellow Oakwood Officer Tiffany McCalister, had been on administrative leave since Oct. 30, according to letters filed in their personnel files.
John McCalister turned in his retirement letter before he was interviewed for the city’s internal investigation, Bebris said.
Tiffany McCalister witnessed the Oct. 14 event, according to a Dayton police report. She has not been charged.
The portion of the report that was released to the public said John McCalister advised his wife to go to a car and get a gun, but did not say if she actually sought a weapon.
“It is my understanding that no gun was shown,” said special prosecutor Michael Shiels, the city of Springfield’s chief prosecutor. However, he also said, “I don’t want to discuss the details of the case.”
Stephanie Cook, Dayton’s chief prosecutor, recused her office from the case because of a conflict of interest.
John McCalister is scheduled to appear at a pre-trial hearing before Judge John Pickrel on Feb. 23.
Tiffany McCalister was taken off of administrative leave last week and is now on sick leave, Bebris said.
“She is welcomed to come back to work,” Bebris said. He didn’t know when she would return, but said she is currently scheduled to return to work this week. He said also her internal investigation will be finished when she returns to work.
“I’m hoping that everyone involved is able to move forward on this,” Bebris said.
Former Officer Jay Simon Will be Allowed to Speak with His Children
A former Gurnee police officer accused of molesting two preteen girls will be allowed to speak with his children over the holidays - if the children elect to do so.
A Lake County circuit court judge on Monday granted the request of Jay Simon, 37, of Round Lake Park, to speak with his sons during the holidays, provided the sons contact Simon first.
Simon was arrested in June 2008 and charged with predatory criminal sexual assault and aggravated criminal abuse for, authorities said, molesting the two girls following an investigation by the Lake County Children's Advocacy Center.
The girls, who were under the age of 13, were molested in three separate attacks dating to November 2006, prosecutors said.
He was also charged with aggravated unlawful restraint, official misconduct and aggravated assault following a 2007 incident in which he identified himself as a police officer and used his duty handgun to threaten a man linked to his estranged wife, authorities said.
Simon has pleaded not guilty. He faces the possibility of multiple prison sentences of up to 30 years if convicted of all the most serious charges.
Simon has been released on $1 million bond since his arrest but is under a 24-hour home confinement and is allowed to leave only to go to court or to meet with his lawyer.
His trial is expected to begin Jan. 15.
A Lake County circuit court judge on Monday granted the request of Jay Simon, 37, of Round Lake Park, to speak with his sons during the holidays, provided the sons contact Simon first.
Simon was arrested in June 2008 and charged with predatory criminal sexual assault and aggravated criminal abuse for, authorities said, molesting the two girls following an investigation by the Lake County Children's Advocacy Center.
The girls, who were under the age of 13, were molested in three separate attacks dating to November 2006, prosecutors said.
He was also charged with aggravated unlawful restraint, official misconduct and aggravated assault following a 2007 incident in which he identified himself as a police officer and used his duty handgun to threaten a man linked to his estranged wife, authorities said.
Simon has pleaded not guilty. He faces the possibility of multiple prison sentences of up to 30 years if convicted of all the most serious charges.
Simon has been released on $1 million bond since his arrest but is under a 24-hour home confinement and is allowed to leave only to go to court or to meet with his lawyer.
His trial is expected to begin Jan. 15.
Officer Anthony Green Arrested for DUI
Patrol Officer Anthony Mathew Green repeatedly expressed interest in joining the St. Petersburg Police Department's traffic enforcement division.
But that goal and his law enforcement career were endangered by his arrest this weekend on charges that the off-duty officer drunkenly crashed into two different vehicles, then drove away.
Green, 30, was arrested early Saturday on charges of driving under the influence/crash, DUI involving property damage and two counts of leaving the scene of a crash involving property damage.
Both incidents took place on Fourth Street N about 10 p.m. Friday, according to St. Petersburg police.
The first crash took place as Green attempted to pass a vehicle near the 3500 block of Fourth Street.
Both vehicles were headed north. Green drove over the raised concrete median while passing a 2009 Honda sedan, police said, and struck the driver's side mirror of that vehicle.
The Honda's driver was not injured, but police said the officer didn't stop after the collision.
Instead, Green continued north on Fourth. Police said Green's vehicle struck another vehicle at 38th Avenue N and Fourth Street. Police said no one was injured in that crash, but that Green kept going.
After the incidents, officers searched the area and found Green's damaged vehicle parked outside his Shore Acres home.
Green, who was off duty, was still inside the vehicle, according to police. His blood-alcohol level tested at 0.179 and 0.173. Florida law presumes a driver is impaired at 0.08 or greater.
He was arrested and booked into the Pinellas County jail about 3:30 a.m. Saturday. He could not be reached for comment Monday.
Green, a graduate of Lakewood High School and the University of South Florida, has been a patrol officer since November 2005. His personnel file shows nothing but positive reviews.
His file also showed that he has never been disciplined by the department. Green was involved in three crashes while driving his police cruiser, according to records, but only one incident was declared "preventable." He received a warning for that incident.
According to police, he was placed on administrative duty pending an internal investigation. After the investigation, a chain-of-command board will determine any disciplinary action.
But that goal and his law enforcement career were endangered by his arrest this weekend on charges that the off-duty officer drunkenly crashed into two different vehicles, then drove away.
Green, 30, was arrested early Saturday on charges of driving under the influence/crash, DUI involving property damage and two counts of leaving the scene of a crash involving property damage.
Both incidents took place on Fourth Street N about 10 p.m. Friday, according to St. Petersburg police.
The first crash took place as Green attempted to pass a vehicle near the 3500 block of Fourth Street.
Both vehicles were headed north. Green drove over the raised concrete median while passing a 2009 Honda sedan, police said, and struck the driver's side mirror of that vehicle.
The Honda's driver was not injured, but police said the officer didn't stop after the collision.
Instead, Green continued north on Fourth. Police said Green's vehicle struck another vehicle at 38th Avenue N and Fourth Street. Police said no one was injured in that crash, but that Green kept going.
After the incidents, officers searched the area and found Green's damaged vehicle parked outside his Shore Acres home.
Green, who was off duty, was still inside the vehicle, according to police. His blood-alcohol level tested at 0.179 and 0.173. Florida law presumes a driver is impaired at 0.08 or greater.
He was arrested and booked into the Pinellas County jail about 3:30 a.m. Saturday. He could not be reached for comment Monday.
Green, a graduate of Lakewood High School and the University of South Florida, has been a patrol officer since November 2005. His personnel file shows nothing but positive reviews.
His file also showed that he has never been disciplined by the department. Green was involved in three crashes while driving his police cruiser, according to records, but only one incident was declared "preventable." He received a warning for that incident.
According to police, he was placed on administrative duty pending an internal investigation. After the investigation, a chain-of-command board will determine any disciplinary action.
Officer Jason East Arrested for Drunk Driving
A Forest Hill police officer accused of driving while intoxicated early Sunday in Johnson County has been placed on administrative leave pending an internal investigation, city officials said.
Officer Jason East was arrested by the Texas Department of Public Safety about midnight Sunday. He was released from the Johnson County Jail later that morning, according to a statement issued Monday by the city.
East has been with the department since 2000, a city spokeswoman said.
Officer Jason East was arrested by the Texas Department of Public Safety about midnight Sunday. He was released from the Johnson County Jail later that morning, according to a statement issued Monday by the city.
East has been with the department since 2000, a city spokeswoman said.
Officer Rhashim Campbell Accused of Using Excessive Force Faces Judge
A Hartford police officer, accused of using excessive force against a suspect, faced a judge Tuesday morning.
Rhashim Campbell's attorney, Salvatore Bonanno, wants to preserve any recordings involving his client.
Bonanno said, "I'm a little bit in the dark because I don't know what the video shows yet. I'm certain I'll have an opportunity to review that once I have my own copy."
Campbell is accused, along with now-retired Officer Kent Lee, of assaulting 41-year-old Michael Stewart of Long Island N.Y., in the early-morning hours after Halloween.
Campbell, not Lee, was arrested on charges including assault and fabricating physical evidence, a felony.
In the police report Campbell filed on the incident, he said Stewart struck him in the head, bit his finger, and Lee had to wrestle Stewart to a bench.
Campbell has been suspended without pay pending the outcome of the case. He is due back in court on Feb. 2.
Rhashim Campbell's attorney, Salvatore Bonanno, wants to preserve any recordings involving his client.
Bonanno said, "I'm a little bit in the dark because I don't know what the video shows yet. I'm certain I'll have an opportunity to review that once I have my own copy."
Campbell is accused, along with now-retired Officer Kent Lee, of assaulting 41-year-old Michael Stewart of Long Island N.Y., in the early-morning hours after Halloween.
Campbell, not Lee, was arrested on charges including assault and fabricating physical evidence, a felony.
In the police report Campbell filed on the incident, he said Stewart struck him in the head, bit his finger, and Lee had to wrestle Stewart to a bench.
Campbell has been suspended without pay pending the outcome of the case. He is due back in court on Feb. 2.
Corporal Meredith Hanley Arrested for Attacking her Husband
A South Bend police officer accused of attacking her husband was in court Tuesday. Corporal Meredith Hanley was arrested over the weekend. She is accused in a domestic violence attack on her husband. Her husband is also a South Bend police officer, but he was not arrested in the incident.
A special prosecutor from LaPorte County has been appointed to handle the case to avoid any conflict of interest.
Hanley will be back in court January 12th.
A special prosecutor from LaPorte County has been appointed to handle the case to avoid any conflict of interest.
Hanley will be back in court January 12th.
Officer Vernon Wolford Charged with Sexual Battery on Woman Prisoner
A police officer has been charged with a felony after he was accused of sexually assaulting a prisoner in handcuffs.
Officer Vernon Wolford was charged with sexual battery, after investigators said he offered a woman freedom in exchange for sex.
A woman was arrested, handcuffed, and put in an Obetz police cruiser on Nov. 10, and then driven to a private drive off Groveport Road.
A search warrant revealed investigators believe Wolford stopped the cruiser, walked around the car, and asked the female prisoner "You want to go home?"
Investigators said the woman asked to be un-handcuffed but the officer refused - and that is when they said she performed a sex act on the officer.
The warrant revealed that investigators found DNA evidence on the prisoner's tennis shoes, Kocot reported.
Franklin County Prosecutor Ron O'Brien said by law a prisoner cannot give consent to have sex with an arresting officer.
"Some instances, such as statutory rape, teachers have sex with students it may be so called consensual - again, that's all sexual battery because of the nature of the relationship," O'Brien said.
Prosecutors said Wolford did not take the prisoner home, but instead he took her to the Franklin County Jail, where the woman told her story to deputies.
Wolford has been working as a full time officer for a year. He was placed on administrative leave during the investigation.
The charge of sexual battery is punishable by up to five years in prison.
Wolford is scheduled to be in court in January for a plea hearing.
Officer Vernon Wolford was charged with sexual battery, after investigators said he offered a woman freedom in exchange for sex.
A woman was arrested, handcuffed, and put in an Obetz police cruiser on Nov. 10, and then driven to a private drive off Groveport Road.
A search warrant revealed investigators believe Wolford stopped the cruiser, walked around the car, and asked the female prisoner "You want to go home?"
Investigators said the woman asked to be un-handcuffed but the officer refused - and that is when they said she performed a sex act on the officer.
The warrant revealed that investigators found DNA evidence on the prisoner's tennis shoes, Kocot reported.
Franklin County Prosecutor Ron O'Brien said by law a prisoner cannot give consent to have sex with an arresting officer.
"Some instances, such as statutory rape, teachers have sex with students it may be so called consensual - again, that's all sexual battery because of the nature of the relationship," O'Brien said.
Prosecutors said Wolford did not take the prisoner home, but instead he took her to the Franklin County Jail, where the woman told her story to deputies.
Wolford has been working as a full time officer for a year. He was placed on administrative leave during the investigation.
The charge of sexual battery is punishable by up to five years in prison.
Wolford is scheduled to be in court in January for a plea hearing.
Monday, December 21, 2009
Michael Hawkins Dies After Being Tasered
Springfield Police Department news release:
The Springfield Police Department is investigating the death of a suspect who was arrested Sunday morning just before 10:00 a.m. for burglary. Michael D. Hawkins, 39, of Springfield was arrested at the Eagles Lodge Motel, 2611 N. Glenstone, after police were called there reference a person hiding in a storage room and refusing to come out.
After police arrived they found Hawkins hiding in a crawl space just above the storage room. Police attempted to talk Hawkins down, but he refused to leave the crawl space. Officers entered the crawl space, along with a police service dog. The dog engaged the suspect in the crawl space. During the engagement the dog broke through the ceiling and fell on to the balcony. The suspect was able to hold on to a rafter and climb back into the crawl space.
After Hawkins got back into the crawl space officers located him, and after he refused to obey several police commands to surrender a Taser was deployed. Hawkins then was taken into custody.
Once in custody police had Hawkins transported by ambulance to the hospital for the dog bite that he received on his upper thigh. After arriving at the hospital Hawkins died.
An autopsy is pending to determine the cause of death.
9 p.m. Update:
Motel guests say they could hear someone crawling through their ceilings just before the confrontation with police. "From what I gathered he was hopped up on drugs," motel tenant Rob Perakis said. "He was on a no-rent list he had been here before."
Hawkins family says he was not an angel but he did just as much good as he did wrong. "I'm sure a lot of these days I’ll look over my shoulder and not see him, wishing he was there," said Greg Hawkins, the dead man's brother.
He says he wishes police just would have waited for his brother to come out. He says he saw the spot his brother's body was Tasered at the hospital. "It was about two inches below the heart," Hawkins says.
According to a training bulletin from the company, Taser International, officers should avoid chest shots to avoid controversy about whether or not the Taser caused a cardiac event.
In the same bulletin the company says those events are rare. “The available research does not support the idea that a TASER ECD can cause ventricular Fibrillation (VF) and demonstrates that while it may not be possible to say that an ECD could never affect the heart under any circumstances, the risk of VF is extremely rare and would be rounded to near zero,” according to the bulletin. It also states in changing situations an officer isn't always able to hit the preferred stomach and leg target areas.
"I just question the location I'm sure with all that voltage it caused his heart to beat irregular," Hawkins says. Police haven't confirmed where Hawkins was Tasered or details leading up to the deployment of the device. They aren't releasing more information until the autopsy is complete. "Whatever crime he was committing was it causing the officers a life and death situation, the dog a life and death situation...no,” Hawkins says. “The thing is he had no where to go."
The family says Hawkins did have some drugs in his system. They say they don't know how much. They, too, are waiting on autopsy results to know the exact cause of death.
The Springfield Police Department is investigating the death of a suspect who was arrested Sunday morning just before 10:00 a.m. for burglary. Michael D. Hawkins, 39, of Springfield was arrested at the Eagles Lodge Motel, 2611 N. Glenstone, after police were called there reference a person hiding in a storage room and refusing to come out.
After police arrived they found Hawkins hiding in a crawl space just above the storage room. Police attempted to talk Hawkins down, but he refused to leave the crawl space. Officers entered the crawl space, along with a police service dog. The dog engaged the suspect in the crawl space. During the engagement the dog broke through the ceiling and fell on to the balcony. The suspect was able to hold on to a rafter and climb back into the crawl space.
After Hawkins got back into the crawl space officers located him, and after he refused to obey several police commands to surrender a Taser was deployed. Hawkins then was taken into custody.
Once in custody police had Hawkins transported by ambulance to the hospital for the dog bite that he received on his upper thigh. After arriving at the hospital Hawkins died.
An autopsy is pending to determine the cause of death.
9 p.m. Update:
Motel guests say they could hear someone crawling through their ceilings just before the confrontation with police. "From what I gathered he was hopped up on drugs," motel tenant Rob Perakis said. "He was on a no-rent list he had been here before."
Hawkins family says he was not an angel but he did just as much good as he did wrong. "I'm sure a lot of these days I’ll look over my shoulder and not see him, wishing he was there," said Greg Hawkins, the dead man's brother.
He says he wishes police just would have waited for his brother to come out. He says he saw the spot his brother's body was Tasered at the hospital. "It was about two inches below the heart," Hawkins says.
According to a training bulletin from the company, Taser International, officers should avoid chest shots to avoid controversy about whether or not the Taser caused a cardiac event.
In the same bulletin the company says those events are rare. “The available research does not support the idea that a TASER ECD can cause ventricular Fibrillation (VF) and demonstrates that while it may not be possible to say that an ECD could never affect the heart under any circumstances, the risk of VF is extremely rare and would be rounded to near zero,” according to the bulletin. It also states in changing situations an officer isn't always able to hit the preferred stomach and leg target areas.
"I just question the location I'm sure with all that voltage it caused his heart to beat irregular," Hawkins says. Police haven't confirmed where Hawkins was Tasered or details leading up to the deployment of the device. They aren't releasing more information until the autopsy is complete. "Whatever crime he was committing was it causing the officers a life and death situation, the dog a life and death situation...no,” Hawkins says. “The thing is he had no where to go."
The family says Hawkins did have some drugs in his system. They say they don't know how much. They, too, are waiting on autopsy results to know the exact cause of death.
Officer Draws Gun During Snow Ball Fight
A senior police official in Washington DC has said an off-duty officer who drew a gun at a snowball fight behaved in a "totally inappropriate" way.
Metropolitan Police Chief Cathy Lanier said video footage left "no doubt" the officer drew his gun after his vehicle, a Hummer, was pelted with snowballs.
The footage showed an angry crowd gathering, chanting: "You don't bring a gun to a snowball fight".
Ms Lanier said the officer had been placed on desk duty.
She said he had not denied the allegations.
Is a statement, Ms Lanier said she had reviewed all the video footage of the incident taken by the public and it was "very obvious" the officer had drawn his police-issue gun "in response to the snowballs hitting his vehicle".
"I have no doubt about this, nor has the officer denied the accusations," she said.
"Let me be very clear in stating that I believe the actions of the officer were totally inappropriate!
"In no way, should he have handled the situation in this manner."
Assistant Police Chief Peter Newsham told reporters the detective, who has not been officially named, had more than 25 years of experience.
"He has a very good reputation," he told the Associated Press.
'Disturbing'
The incident took place on Saturday, as a large crowd of people were taking part in a mass snowball fight in the US capital during a blizzard.
Snow in Washington DC, US (19 December 2009)
Washington DC has been hit by the worst snow storms in years
Snowballs were thrown at the man's car and as he got out he exposed his gun briefly, always pointing towards the snow on the ground.
Panicked residents can be heard shouting, "He's got a gun," but others continue to throw snowballs his way.
At one point on the video - shown on YouTube - the man identifies himself as a "detective", but refuses to give his full name.
Then he proceeds to admit to pulling his gun.
"Yes I did because I got hit by snowballs," he tells angry residents who demand to know his badge number.
He challenges them to "throw another snowball".
The confrontation ended only when other policemen were despatched to the scene, and managed to calm everyone down.
Ms Lanier said the officer's actions "in no way, reflects the training and the standards" of the Washington DC Police Department.
She said it was disturbing that the "negative actions of one officer" had eclipsed the work of the police force during the blizzard
Metropolitan Police Chief Cathy Lanier said video footage left "no doubt" the officer drew his gun after his vehicle, a Hummer, was pelted with snowballs.
The footage showed an angry crowd gathering, chanting: "You don't bring a gun to a snowball fight".
Ms Lanier said the officer had been placed on desk duty.
She said he had not denied the allegations.
Is a statement, Ms Lanier said she had reviewed all the video footage of the incident taken by the public and it was "very obvious" the officer had drawn his police-issue gun "in response to the snowballs hitting his vehicle".
"I have no doubt about this, nor has the officer denied the accusations," she said.
"Let me be very clear in stating that I believe the actions of the officer were totally inappropriate!
"In no way, should he have handled the situation in this manner."
Assistant Police Chief Peter Newsham told reporters the detective, who has not been officially named, had more than 25 years of experience.
"He has a very good reputation," he told the Associated Press.
'Disturbing'
The incident took place on Saturday, as a large crowd of people were taking part in a mass snowball fight in the US capital during a blizzard.
Snow in Washington DC, US (19 December 2009)
Washington DC has been hit by the worst snow storms in years
Snowballs were thrown at the man's car and as he got out he exposed his gun briefly, always pointing towards the snow on the ground.
Panicked residents can be heard shouting, "He's got a gun," but others continue to throw snowballs his way.
At one point on the video - shown on YouTube - the man identifies himself as a "detective", but refuses to give his full name.
Then he proceeds to admit to pulling his gun.
"Yes I did because I got hit by snowballs," he tells angry residents who demand to know his badge number.
He challenges them to "throw another snowball".
The confrontation ended only when other policemen were despatched to the scene, and managed to calm everyone down.
Ms Lanier said the officer's actions "in no way, reflects the training and the standards" of the Washington DC Police Department.
She said it was disturbing that the "negative actions of one officer" had eclipsed the work of the police force during the blizzard
Officer Jesus Cisneros Accused of Fatal Crash was Speeding
In addition to being intoxicated, a Fort Worth police officer was speeding when he collided with a car earlier this month, killing its 27-year-old driver, according to an arrest warrant affidavit released Tuesday.
Jesus Cisneros is believed to have been traveling at least twice the posted speed limit when his unmarked city vehicle struck Sonia Baker’s PT Cruiser at the intersection of Columbus Trail and Evening Star, according to the affidavit, written by traffic investigator R.L. Wangler.
“The collision was of such a violent nature that the vehicles traveled at least 100 feet to rest,” the affidavit states.
The posted speed limit, according to an accident report, is 35 mph.
Cisneros surrendered Monday to the Tarrant County Jail on an arrest warrant for intoxication manslaughter. He was released after posting a $25,000 bond.
As conditions of his bail, he will be required to install a Breathalyzer in his vehicle within 30 days, cannot drive without the device and is prohibited from consuming alcoholic beverages, according to Tarrant County probation department records.
Cisneros, 37, who police say has submitted his resignation, is accused of driving intoxicated in his unmarked patrol car on Dec. 11 before the crash that killed Sonia Baker. Fort Worth police said Cisneros’ blood-alcohol content was 0.17.
Jail records show a warrant was issued for Cisneros’ arrest on suspicion of intoxication manslaughter, a felony punishable by two to 20 years in prison and up to a $10,000 fine.
Lt. Paul Henderson, a Fort Worth police spokesman, said the department will issue a statement today about Cisneros’ case.
"Regardless of who you are or who you work for, DWI is a crime and we will pursue it," he said.
Baker’s husband, Demond Baker, said Monday night that he was unaware Cisneros is facing charges.
"Of course I want him to be prosecuted to the fullest," Baker said. "I will leave it in God’s hands."
Fort Worth Police Chief Jeff Halstead issued a statement last week saying the department was "embarrassed by this tragic incident." Mayor Mike Moncrief was also critical of the incident.
Baker was driving to a fast-food restaurant near her southwest Fort Worth home about 2:30 a.m. when she turned in front of Cisneros’ Toyota Highlander. Baker had two sons, ages 4 and 5.
Police, who consulted a private accident reconstruction company that works with the Tarrant County district attorney, have not said whether speed was a factor or whether Baker was at fault in the crash. Police have also not released the findings of an internal affairs investigation, which is examining what Cisneros was doing before the crash.
Jesus Cisneros is believed to have been traveling at least twice the posted speed limit when his unmarked city vehicle struck Sonia Baker’s PT Cruiser at the intersection of Columbus Trail and Evening Star, according to the affidavit, written by traffic investigator R.L. Wangler.
“The collision was of such a violent nature that the vehicles traveled at least 100 feet to rest,” the affidavit states.
The posted speed limit, according to an accident report, is 35 mph.
Cisneros surrendered Monday to the Tarrant County Jail on an arrest warrant for intoxication manslaughter. He was released after posting a $25,000 bond.
As conditions of his bail, he will be required to install a Breathalyzer in his vehicle within 30 days, cannot drive without the device and is prohibited from consuming alcoholic beverages, according to Tarrant County probation department records.
Cisneros, 37, who police say has submitted his resignation, is accused of driving intoxicated in his unmarked patrol car on Dec. 11 before the crash that killed Sonia Baker. Fort Worth police said Cisneros’ blood-alcohol content was 0.17.
Jail records show a warrant was issued for Cisneros’ arrest on suspicion of intoxication manslaughter, a felony punishable by two to 20 years in prison and up to a $10,000 fine.
Lt. Paul Henderson, a Fort Worth police spokesman, said the department will issue a statement today about Cisneros’ case.
"Regardless of who you are or who you work for, DWI is a crime and we will pursue it," he said.
Baker’s husband, Demond Baker, said Monday night that he was unaware Cisneros is facing charges.
"Of course I want him to be prosecuted to the fullest," Baker said. "I will leave it in God’s hands."
Fort Worth Police Chief Jeff Halstead issued a statement last week saying the department was "embarrassed by this tragic incident." Mayor Mike Moncrief was also critical of the incident.
Baker was driving to a fast-food restaurant near her southwest Fort Worth home about 2:30 a.m. when she turned in front of Cisneros’ Toyota Highlander. Baker had two sons, ages 4 and 5.
Police, who consulted a private accident reconstruction company that works with the Tarrant County district attorney, have not said whether speed was a factor or whether Baker was at fault in the crash. Police have also not released the findings of an internal affairs investigation, which is examining what Cisneros was doing before the crash.
Sunday, December 20, 2009
Officer Sean Heyenga Accused of Trying to Strangle Wife
An Omaha police officer has been accused of trying to strangle his wife.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Sgt Eugene Hlavac Charged with Domestic Violence
Pittsburgh police Sgt. Eugene Hlavac is facing assault charges after the mother of his son claimed he hit her.
Sgt. Eugene Hlavac was charged with aggravated assault after the mother of his child, Lauren Noel Maughan, came forward, saying he hit her across the face this week.
According to the police criminal complaint, the two got into an argument. Maughan said Hlavac hit her and then tried to get her to say she was injured in a fall.
An emergency room doctor didn't believe the story, and eventually, the woman told police her injury was caused by Hlavac.
When the couple was together, police had been called to their home for reports of loud arguments.
Sgt. Eugene Hlavac was charged with aggravated assault after the mother of his child, Lauren Noel Maughan, came forward, saying he hit her across the face this week.
According to the police criminal complaint, the two got into an argument. Maughan said Hlavac hit her and then tried to get her to say she was injured in a fall.
An emergency room doctor didn't believe the story, and eventually, the woman told police her injury was caused by Hlavac.
When the couple was together, police had been called to their home for reports of loud arguments.
Saturday, December 19, 2009
More Woman Come Forward Against Deputy Donald Harder III Accused of Forced Sexual Contact
More women have come forward to accuse a Saratoga County sheriff's deputy of forced sexual contact while he was on the job and in uniform.
Donald A. Harder III, 29, of Hadley was indicted Thursday in Saratoga County Court on 11 additional charges of criminal sexual act, sexual abuse, forcible touching and official misconduct, District Attorney James A. Murphy III said.
Murphy said three women came forward with complaints against Harder after hearing of his Aug. 13 arrest, when a 27-year-old acquaintance told police the police officer forced her to commit a sexual act on him. Harder had responded to a call to assist with a civil matter on Shields Road in Edinburg and the alleged sexual incident occurred on a roadside.
Harder, who has worked for the department for three years, allegedly forced sexual contact with all four women while he was on duty.
In the new allegations, one woman reported that Harder forcefully touched her in a sexual way on June 2 and 3 at the sheriff's substation in Corinth while the deputy was investigating a crime.
A second woman has alleged unwanted sexual contact from Harder in the summer of 2007 and in June and July of this year. The June incident allegedly occurred in a store in Greenfield, officials said. That woman first had contact with Harder as a crime victim and then later as a suspect in a case Harder investigated.
The third woman accused Harder of sexual contact that allegedly happened several years ago, for which the statute of limitations had run out, Murphy said. Harder faces a charge of official misconduct for that incident.
"These allegations were as shocking to me as they were to the sheriff," Murphy said in a news release announcing the indictment. "He and I were both very concerned about this alleged conduct and that is why, after a full investigation, the grand jury heard the case. These women were terrified and frightened."
The grand jury had been hearing the case over the last several weeks from the alleged victims and from other law enforcement personnel.
''This guy went over the line,'' said Sheriff James Bowen, who plans to attend Harder's arraignment Tuesday in Saratoga County Court. ''This guy let everybody down. We investigated it thoroughly. We turned it over to the D.A.''
Murphy said the deputy has been suspended without pay until the conclusion of his criminal case. He is married with three children.
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Donald A. Harder III, 29, of Hadley was indicted Thursday in Saratoga County Court on 11 additional charges of criminal sexual act, sexual abuse, forcible touching and official misconduct, District Attorney James A. Murphy III said.
Murphy said three women came forward with complaints against Harder after hearing of his Aug. 13 arrest, when a 27-year-old acquaintance told police the police officer forced her to commit a sexual act on him. Harder had responded to a call to assist with a civil matter on Shields Road in Edinburg and the alleged sexual incident occurred on a roadside.
Harder, who has worked for the department for three years, allegedly forced sexual contact with all four women while he was on duty.
In the new allegations, one woman reported that Harder forcefully touched her in a sexual way on June 2 and 3 at the sheriff's substation in Corinth while the deputy was investigating a crime.
A second woman has alleged unwanted sexual contact from Harder in the summer of 2007 and in June and July of this year. The June incident allegedly occurred in a store in Greenfield, officials said. That woman first had contact with Harder as a crime victim and then later as a suspect in a case Harder investigated.
The third woman accused Harder of sexual contact that allegedly happened several years ago, for which the statute of limitations had run out, Murphy said. Harder faces a charge of official misconduct for that incident.
"These allegations were as shocking to me as they were to the sheriff," Murphy said in a news release announcing the indictment. "He and I were both very concerned about this alleged conduct and that is why, after a full investigation, the grand jury heard the case. These women were terrified and frightened."
The grand jury had been hearing the case over the last several weeks from the alleged victims and from other law enforcement personnel.
''This guy went over the line,'' said Sheriff James Bowen, who plans to attend Harder's arraignment Tuesday in Saratoga County Court. ''This guy let everybody down. We investigated it thoroughly. We turned it over to the D.A.''
Murphy said the deputy has been suspended without pay until the conclusion of his criminal case. He is married with three children.
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Officer Sheva Howard Arrested for Stealing Purse
36-year-old Sheva Howard of the Little Rock Police Department was served a bench warrant this month for allegedly stealing a purse.
Reports indicate that in August 2009, Howard was caught stealing a high-priced purse from Dillard's department store.
Lt. Terry Hastings told Today's THV that Howard has been terminated, although he noted she does have rights to appeal. As of right now, however, Howard is no longer with the Little Rock Police Department.
"Anytime one of our officers is involved in any type of incident like this we do a complete internal investigation as well as a criminal investigation," says Hastings.
If Howard is convicted of the crime she could face up to a year in jail and/or a $2,500.00 fine.
Reports indicate that in August 2009, Howard was caught stealing a high-priced purse from Dillard's department store.
Lt. Terry Hastings told Today's THV that Howard has been terminated, although he noted she does have rights to appeal. As of right now, however, Howard is no longer with the Little Rock Police Department.
"Anytime one of our officers is involved in any type of incident like this we do a complete internal investigation as well as a criminal investigation," says Hastings.
If Howard is convicted of the crime she could face up to a year in jail and/or a $2,500.00 fine.
Former Officer Alan Vigiard Accused of Looking at Child Porn at Work
A veteran Adams police officer accused of looking at child pornography on a police station computer is due back in court.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Alan Vigiard is scheduled to appear Monday in Northern Berkshire District Court for a pretrial conference on charges of child pornography possession.
According to state police, time stamps reporting access to the pornographic files matched the times Vigiard had been logged into the system. He was just one of four officers with access to the department’s evidence room.
The 45-year-old officer resigned from the department last month, shortly after his arrest. He has pleaded not guilty.
It could not immediately be determined if Vigiard has a lawyer. Vigiard’s home number is unlisted.
Friday, December 18, 2009
Officer Edward Krawetz Charged with Assaulting Woman
A Rhode Island police officer has been charged with assaulting a woman after she was taken out of a slot parlor for being disorderly, authorities said Friday.
Officer Edward Krawetz has been suspended without pay and faces administrative charges as well, Lincoln police Capt. Raymond Bousquet said.
A person with knowledge of the May 31 incident tells The Associated Press a videotape shows Krawetz kicking the handcuffed woman in the head as the two waited outside for a patrol car to arrive. The person is not authorized to publicly discuss the case and spoke on condition of anonymity.
A telephone listing for Krawetz could not immediately be found and it was not immediately known if he has an attorney. Krawetz has been with the department for 12 1/2 years, Bousquet said.
The state attorney general's office is handling the criminal case and did not return calls seeking comment Friday.
A spokeswoman for Twin River in Lincoln, just north of Providence, also did not immediately comment.
Krawetz, who was in uniform and working at the slots parlor, is charged with felony assault. He will be arraigned Jan. 6, said Capt. David Neill, a state police spokesman.
He is the second Rhode Island officer to be charged in an alleged beating in the past two weeks. A Woonsocket officer was indicted last week on federal civil rights charges accusing him of beating a 16-year-old boy and urging fellow officers to lie about it to the FBI.
The FBI is also investigating a separate beating of a suspect by Providence police officers
Officer Edward Krawetz has been suspended without pay and faces administrative charges as well, Lincoln police Capt. Raymond Bousquet said.
A person with knowledge of the May 31 incident tells The Associated Press a videotape shows Krawetz kicking the handcuffed woman in the head as the two waited outside for a patrol car to arrive. The person is not authorized to publicly discuss the case and spoke on condition of anonymity.
A telephone listing for Krawetz could not immediately be found and it was not immediately known if he has an attorney. Krawetz has been with the department for 12 1/2 years, Bousquet said.
The state attorney general's office is handling the criminal case and did not return calls seeking comment Friday.
A spokeswoman for Twin River in Lincoln, just north of Providence, also did not immediately comment.
Krawetz, who was in uniform and working at the slots parlor, is charged with felony assault. He will be arraigned Jan. 6, said Capt. David Neill, a state police spokesman.
He is the second Rhode Island officer to be charged in an alleged beating in the past two weeks. A Woonsocket officer was indicted last week on federal civil rights charges accusing him of beating a 16-year-old boy and urging fellow officers to lie about it to the FBI.
The FBI is also investigating a separate beating of a suspect by Providence police officers
Former Officer Stephanie Lazarus Bail Set At $10 Million
The judge in the Stephanie Lazarus trial today set a $10-million bail for the LAPD detective accused of murder, saying he believed it was a “near certainty” she would flee if granted a lower amount.
Lazarus, a 26-year veteran of the LAPD, is accused of bludgeoning and then shooting to death the wife of a man she had dated. She was arrested earlier this year after cold case detectives reexamined the murder and linked Lazarus to the killing through saliva found in a bite mark on the victim.
The unusually high amount, which Los Angeles County Superior Court Judge Robert J. Perry compounded, Lazarus' attorney said, by requiring it to be presented in cash, sent a wave of gasps through the courtroom. Lazarus showed a rare sign of emotion as her head fell in disappointment.
Her attorney, Mark Overland, said his client had no way to amass the money – meaning she will remain in detention until her trial, which is not likely to open for several months.
As they have throughout the trial proceedings, the parents of the victim, Sherri Rae Rasmussen, sat stoically in the courtroom.
The amount was double what prosecutors had requested and far greater than the $300,000 to $500,000 Overland had sought.
In leading up to his decision, Perry summarized the reasoning behind his decision. Calling it “an admittedly unusual case,” he said prosecutors had presented “compelling evidence” at a preliminary hearing that spoke to Lazarus’ “motive, means, opportunity and identity.”
He acknowledged that Lazarus, if freed on bail, would have access to weapons through her husband, who is also an LAPD detective, and could be a risk to herself and others. The most pressing issue for Perry, however, was the “strong incentive,” he concluded, that Lazarus has to flee and the likelihood she would in fact do so.
The usually even-keeled Overland reacted with dismay afterward, saying he interpreted Perry’s decision as a de facto denial of bail and plans to appeal the amount.
“It’s ridiculous. Phil Spector gets $1 million bail? Robert Blake get’s $1 million bail? They’ve got the money to go anywhere,” he said, referring to the celebrity music producer and actor recently tried on murder charges. “Who has $10 million cash? It is basically preventative detention.”
Perry “does not know the case,” Overland said, reacting to the judge’s forceful comments about Lazarus and the evidence against her. “He’s only seen bits of it.”
Sherri Rae Rasmussen, 29, was killed in her Van Nuys condominium Feb. 24, 1986. The original investigators on the case were convinced that Rasmussen had been killed by a pair of men who were burglarizing the home. Detectives concluded that was wrong when they reopened the case early this year and DNA tests on the saliva showed that it belonged to a woman.
They retraced the investigation, once again interviewing Rasmussen's parents and her husband, John Ruetten. As they had at the time of the killing, the family and Ruetten told investigators about Lazarus, whom Ruetten had dated for several years before meeting Rasmussen.
An undercover officer surreptitiously trailed Lazarus, 49, as she ran errands, waiting until she discarded a plastic utensil or other object with her saliva on it. The DNA in her saliva was compared with evidence collected from the murder scene. The genetic code in the samples matched conclusively, police and prosecutors have said.
John Taylor, an attorney representing Rasmussen’s parents, said it has been “extremely hard” for the couple and their other children to revisit the death of their daughter in court and said the family “would like to proceed as quickly as possible to trail.”
If convicted, Lazarus would face up to life in prison.
Lazarus, a 26-year veteran of the LAPD, is accused of bludgeoning and then shooting to death the wife of a man she had dated. She was arrested earlier this year after cold case detectives reexamined the murder and linked Lazarus to the killing through saliva found in a bite mark on the victim.
The unusually high amount, which Los Angeles County Superior Court Judge Robert J. Perry compounded, Lazarus' attorney said, by requiring it to be presented in cash, sent a wave of gasps through the courtroom. Lazarus showed a rare sign of emotion as her head fell in disappointment.
Her attorney, Mark Overland, said his client had no way to amass the money – meaning she will remain in detention until her trial, which is not likely to open for several months.
As they have throughout the trial proceedings, the parents of the victim, Sherri Rae Rasmussen, sat stoically in the courtroom.
The amount was double what prosecutors had requested and far greater than the $300,000 to $500,000 Overland had sought.
In leading up to his decision, Perry summarized the reasoning behind his decision. Calling it “an admittedly unusual case,” he said prosecutors had presented “compelling evidence” at a preliminary hearing that spoke to Lazarus’ “motive, means, opportunity and identity.”
He acknowledged that Lazarus, if freed on bail, would have access to weapons through her husband, who is also an LAPD detective, and could be a risk to herself and others. The most pressing issue for Perry, however, was the “strong incentive,” he concluded, that Lazarus has to flee and the likelihood she would in fact do so.
The usually even-keeled Overland reacted with dismay afterward, saying he interpreted Perry’s decision as a de facto denial of bail and plans to appeal the amount.
“It’s ridiculous. Phil Spector gets $1 million bail? Robert Blake get’s $1 million bail? They’ve got the money to go anywhere,” he said, referring to the celebrity music producer and actor recently tried on murder charges. “Who has $10 million cash? It is basically preventative detention.”
Perry “does not know the case,” Overland said, reacting to the judge’s forceful comments about Lazarus and the evidence against her. “He’s only seen bits of it.”
Sherri Rae Rasmussen, 29, was killed in her Van Nuys condominium Feb. 24, 1986. The original investigators on the case were convinced that Rasmussen had been killed by a pair of men who were burglarizing the home. Detectives concluded that was wrong when they reopened the case early this year and DNA tests on the saliva showed that it belonged to a woman.
They retraced the investigation, once again interviewing Rasmussen's parents and her husband, John Ruetten. As they had at the time of the killing, the family and Ruetten told investigators about Lazarus, whom Ruetten had dated for several years before meeting Rasmussen.
An undercover officer surreptitiously trailed Lazarus, 49, as she ran errands, waiting until she discarded a plastic utensil or other object with her saliva on it. The DNA in her saliva was compared with evidence collected from the murder scene. The genetic code in the samples matched conclusively, police and prosecutors have said.
John Taylor, an attorney representing Rasmussen’s parents, said it has been “extremely hard” for the couple and their other children to revisit the death of their daughter in court and said the family “would like to proceed as quickly as possible to trail.”
If convicted, Lazarus would face up to life in prison.
Officer Richard Kleinpass Accused of Animal Cruelty
A Chicago cop is in the doghouse after being accused of neglecting animals he was keeping at his north suburban weekend getaway.
Officer Richard Kleinpass, 49, faces seven misdemeanor charges of cruelty to animals after five dogs and two birds were removed from his Lake County home in Grayslake last month.
Grayslake authorities say they seized five neglected dogs and two birds from this house, owned by Chicago Police Officer Richard J. Kleinpass. He says the village has been harassing him over the condition of his property and that the animal case is a result of that.
Appearing in court Thursday, Kleinpass agreed to forfeit the animals and pay $3,375 to reimburse Lake County for the cost of veterinary bills, food and shelter since Nov. 30, when they were seized.
Lake County Judge Charles Johnson scheduled a Jan. 28 pretrial hearing for Kleinpass, who is facing a separate investigation by the Chicago Police Department's Internal Affairs Division. Kleinpass, a patrol officer in the Albany Park District, has been stripped of his police powers.
Kleinpass said the Village of Grayslake has been harassing him over the condition of his property and that the animal case is a result of that. He called the charges against him an overreaction. The animals were safe and secure, he said.
Kleinpass said he has owned the home since 2000 as a place to get away from Chicago, where he is required to live as a police officer.
But the home, which is across a road from a lake, has been anything but relaxing lately, Kleinpass said. "They won't even let you build a campfire out here," he said.
According to Grayslake police, Kleinpass brought on the problems because of the poor condition of his home. The condition of the animals was deplorable, Grayslake police officer Joe Manges said.
"I've never smelled anything like it," Manges said. "They were living in their own urine and feces."
Some of the dogs' teeth were rotted, and the animals are now on soft-food diets, Manges said. Others were suffering from skin diseases and were emaciated, he said.
The trouble for Kleinpass started in late November, when a Grayslake building inspector and village attorney were visiting the property to check for possible code violations, Manges said. They heard dogs barking and called the police.
Manges said police made several attempts to contact Kleinpass. After four days, police got a warrant to enter the property and rescue the animals, which they said were left without food or water. The home wasn't heated, and the temperature dipped to about 30 degrees at night, Manges said.
Lake County authorities plan to seek new homes for the animals. If they fail, the animals will be donated to Orphans of the Storm, a private no-kill shelter, Manges said.
"We're hoping the animals will have a good Christmas this year," he said.
Officer Richard Kleinpass, 49, faces seven misdemeanor charges of cruelty to animals after five dogs and two birds were removed from his Lake County home in Grayslake last month.
Grayslake authorities say they seized five neglected dogs and two birds from this house, owned by Chicago Police Officer Richard J. Kleinpass. He says the village has been harassing him over the condition of his property and that the animal case is a result of that.
Appearing in court Thursday, Kleinpass agreed to forfeit the animals and pay $3,375 to reimburse Lake County for the cost of veterinary bills, food and shelter since Nov. 30, when they were seized.
Lake County Judge Charles Johnson scheduled a Jan. 28 pretrial hearing for Kleinpass, who is facing a separate investigation by the Chicago Police Department's Internal Affairs Division. Kleinpass, a patrol officer in the Albany Park District, has been stripped of his police powers.
Kleinpass said the Village of Grayslake has been harassing him over the condition of his property and that the animal case is a result of that. He called the charges against him an overreaction. The animals were safe and secure, he said.
Kleinpass said he has owned the home since 2000 as a place to get away from Chicago, where he is required to live as a police officer.
But the home, which is across a road from a lake, has been anything but relaxing lately, Kleinpass said. "They won't even let you build a campfire out here," he said.
According to Grayslake police, Kleinpass brought on the problems because of the poor condition of his home. The condition of the animals was deplorable, Grayslake police officer Joe Manges said.
"I've never smelled anything like it," Manges said. "They were living in their own urine and feces."
Some of the dogs' teeth were rotted, and the animals are now on soft-food diets, Manges said. Others were suffering from skin diseases and were emaciated, he said.
The trouble for Kleinpass started in late November, when a Grayslake building inspector and village attorney were visiting the property to check for possible code violations, Manges said. They heard dogs barking and called the police.
Manges said police made several attempts to contact Kleinpass. After four days, police got a warrant to enter the property and rescue the animals, which they said were left without food or water. The home wasn't heated, and the temperature dipped to about 30 degrees at night, Manges said.
Lake County authorities plan to seek new homes for the animals. If they fail, the animals will be donated to Orphans of the Storm, a private no-kill shelter, Manges said.
"We're hoping the animals will have a good Christmas this year," he said.
Officer Jack Tiller Accused of Abusing Daughter
Charges have been filed against the Walkerton police officer accused of abusing his teenage daughter.
36-year-old Walkerton Officer Jack Tiller is being charged with misdemeanor battery on accusations of abusing his 16-year-old daughter.
Tiller must appear in court on January 12th.
You may remember Tiller from his time as a Roseland police officer, when he was accused of hitting David Snyder during a town meeting.
Fast forward to the present: Tiller's daughter apparently reported the abuse to a resource officer at Penn High School. According to the police report, she had several bruises on her body.
Tiller was apparently upset because his daughter was late when he picked her up from an after-school activity.
Tiller has not been arrested. The St. Joseph County Prosecutor's Office has not decided if charges will be filed.
36-year-old Walkerton Officer Jack Tiller is being charged with misdemeanor battery on accusations of abusing his 16-year-old daughter.
Tiller must appear in court on January 12th.
You may remember Tiller from his time as a Roseland police officer, when he was accused of hitting David Snyder during a town meeting.
Fast forward to the present: Tiller's daughter apparently reported the abuse to a resource officer at Penn High School. According to the police report, she had several bruises on her body.
Tiller was apparently upset because his daughter was late when he picked her up from an after-school activity.
Tiller has not been arrested. The St. Joseph County Prosecutor's Office has not decided if charges will be filed.
Officer Sean Heyenga Accused of Trying to Strangle His Wife
An Omaha police officer has been accused of trying to strangle his wife.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Sean Heyenga appeared in Douglas County Court on Friday on charges of domestic assault and making terroristic threats. He was ordered held on $20,000 bail.
He requested a public defender, but one hadn't been assigned to represent him as of Friday afternoon.
Prosecutors say Heyenga came home after drinking Thursday night and got into an argument with his wife. They say he then tried to strangle her, caused her to pass out and threatened to kill her.
Heyenga was sworn in as an officer in June 2008.
He has been placed on administrative leave pending a criminal and internal investigation.
A preliminary hearing is set for Jan. 12.
Thursday, December 17, 2009
Father Files Lawsuit After Sons Taser Death
The father of a Bay City teen who died after police used a stun gun to subdue him has filed a federal suit in U.S. District Court Wednesday.
Brett Elder, 15, died in March after an officer fired a Taser at him.
Police said Elder was intoxicated and took an aggressive stance toward officers responding to a report of a fight inside an apartment at 210 S. Catherine St.
According to documents, when police deployed the Taser to Elder’s chest, he collapsed face first on the living room floor.
Once officers handcuffed the teen, he “began to vomit and breath heavily.” Moments later, Elder "then apparently become unresponsive."
In May, Bay County prosecutor Kurt Asbury said officers would not be charged in Elder’s death, citing that "there isn't evidence that officers committed any criminal act that caused or contributed to the death of Brett Elder."
READ: Bay County Prosecutor Issues News Release
An autopsy performed by Dr. Kanu Virani, a forensic pathologist, found a two-part cause of death for Elder: "alcohol-induced excited delirium" and "application of an electromuscular disruption device," or Taser.
The lawsuit seeks an undisclosed amount of damages in excess of $75,000 and names the city of Bay City and police Cpl. James Lyman as defendants.
Brett Elder, 15, died in March after an officer fired a Taser at him.
Police said Elder was intoxicated and took an aggressive stance toward officers responding to a report of a fight inside an apartment at 210 S. Catherine St.
According to documents, when police deployed the Taser to Elder’s chest, he collapsed face first on the living room floor.
Once officers handcuffed the teen, he “began to vomit and breath heavily.” Moments later, Elder "then apparently become unresponsive."
In May, Bay County prosecutor Kurt Asbury said officers would not be charged in Elder’s death, citing that "there isn't evidence that officers committed any criminal act that caused or contributed to the death of Brett Elder."
READ: Bay County Prosecutor Issues News Release
An autopsy performed by Dr. Kanu Virani, a forensic pathologist, found a two-part cause of death for Elder: "alcohol-induced excited delirium" and "application of an electromuscular disruption device," or Taser.
The lawsuit seeks an undisclosed amount of damages in excess of $75,000 and names the city of Bay City and police Cpl. James Lyman as defendants.
Officer Reginald Jones Charged with Murder
An on-duty D.C. police officer charged with murder and accused of acting as a lookout in a street robbery gone fatally wrong also was present during the planning of the holdup and drove some of the participants to the crime scene, authorities said in a court affidavit.
Officer Reginald Jones, charged with felony murder in the Dec. 1 robbery in Southeast Washington, was parked a short distance from the shooting that night in a marked patrol car, according to an affidavit made public Tuesday in D.C. Superior Court. When shots were fired and a witness ran toward the police cruiser seeking help, Jones drove off "and left the area," the affidavit says.
The robbery victim, accused of being a drug dealer, survived a bullet wound. But police said the group of assailants included a 19-year-old man who fired an apparently errant shot that killed his father, an accomplice in the holdup.
Jones, 40, a six-year member of the force, is not accused of pulling the trigger. However, because he is accused of playing a role in the robbery, in the 4300 block of Fourth Street SE, he can be held legally culpable for the fatal result, authorities said. On Wednesday, a Superior Court judge ordered Jones, of Upper Marlboro, held without bail pending a Jan. 5 preliminary hearing.
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The affidavit says Jones, a uniformed member of the department's gun-recovery unit, shooed away loiterers who might see the crime by driving the patrol car through the courtyard of a housing complex in Washington Highlands shortly before the robbery occurred there.
"The worst thing an officer can do is betray the public trust," D.C. Police Chief Cathy L. Lanier said in announcing Jones's arrest Tuesday night. "In this case, the officer went far beyond that. He did so carrying our badge and wearing our uniform."
The unit to which Jones was assigned is part of the police Narcotics and Special Investigations Division. On Wednesday, reacting to Jones's arrest, Lanier transferred several supervisors in the division to less prestigious patrol commands, two police sources said.
The holdup victim, Tyrone D. Herring, 45, was charged with possessing cocaine with intent to distribute after police allegedly found 31.4 grams of crack in his pants while he was being treated at a hospital. Investigators said he told them that he was robbed of nearly $5,000.
Herring said $700 was in his pants pocket and about $4,000 was in the console of his car.
In court affidavits, police said Jones was present Nov. 30 at an auto detailing shop in Suitland when several men planned the robbery. Jones drove at least two of them to the housing complex in his cruiser on the night of the crime, police said.
They said Herring told them that he was walking along Fourth Street, near where his black Infiniti was parked, shortly before 9 p.m. when several men with guns accosted him, demanding money. As the robbers tried to force him into his car, Herring told investigators, he began to struggle because he feared he was about to be killed.
Police said one of the alleged robbers, Arvel Crawford, fired a shot that hit his father, Arvel S. Alston, 40, in the right side.
Officer Reginald Jones, charged with felony murder in the Dec. 1 robbery in Southeast Washington, was parked a short distance from the shooting that night in a marked patrol car, according to an affidavit made public Tuesday in D.C. Superior Court. When shots were fired and a witness ran toward the police cruiser seeking help, Jones drove off "and left the area," the affidavit says.
The robbery victim, accused of being a drug dealer, survived a bullet wound. But police said the group of assailants included a 19-year-old man who fired an apparently errant shot that killed his father, an accomplice in the holdup.
Jones, 40, a six-year member of the force, is not accused of pulling the trigger. However, because he is accused of playing a role in the robbery, in the 4300 block of Fourth Street SE, he can be held legally culpable for the fatal result, authorities said. On Wednesday, a Superior Court judge ordered Jones, of Upper Marlboro, held without bail pending a Jan. 5 preliminary hearing.
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The affidavit says Jones, a uniformed member of the department's gun-recovery unit, shooed away loiterers who might see the crime by driving the patrol car through the courtyard of a housing complex in Washington Highlands shortly before the robbery occurred there.
"The worst thing an officer can do is betray the public trust," D.C. Police Chief Cathy L. Lanier said in announcing Jones's arrest Tuesday night. "In this case, the officer went far beyond that. He did so carrying our badge and wearing our uniform."
The unit to which Jones was assigned is part of the police Narcotics and Special Investigations Division. On Wednesday, reacting to Jones's arrest, Lanier transferred several supervisors in the division to less prestigious patrol commands, two police sources said.
The holdup victim, Tyrone D. Herring, 45, was charged with possessing cocaine with intent to distribute after police allegedly found 31.4 grams of crack in his pants while he was being treated at a hospital. Investigators said he told them that he was robbed of nearly $5,000.
Herring said $700 was in his pants pocket and about $4,000 was in the console of his car.
In court affidavits, police said Jones was present Nov. 30 at an auto detailing shop in Suitland when several men planned the robbery. Jones drove at least two of them to the housing complex in his cruiser on the night of the crime, police said.
They said Herring told them that he was walking along Fourth Street, near where his black Infiniti was parked, shortly before 9 p.m. when several men with guns accosted him, demanding money. As the robbers tried to force him into his car, Herring told investigators, he began to struggle because he feared he was about to be killed.
Police said one of the alleged robbers, Arvel Crawford, fired a shot that hit his father, Arvel S. Alston, 40, in the right side.
Trooper Joseph Donovan Charged with Sexual Assault
A woman testified today during a preliminary hearing that a Michigan State Police trooper she had met at a strip club repeatedly sexually assaulted her at a Lansing home where the trooper had stopped supposedly to get money and a credit card.
The trooper is charged with sexually assaulting two women. Today’s hearing in 54A District Court determines whether the case goes to trial.
The woman, who was a waitress at Cheetah’s, in south Lansing, said Trooper Joseph Donovan, 48, a regular at the club, offered to give her a ride to a diner the night of March 17, 2008.
The woman testified he made her feel comfortable, and when they arrived at the house, he asked her to go inside because he had been recently divorced and didn’t want the neighbors to see him with another woman.
Once inside, she said, Donovan eventually approached her and forced her into a bedroom, where the assaults occurred. She testified that she has blacked out some of the memories of the incident.
“I have night terrors about this over and over,” she said. The State Journal does not identify victims of sexual abuse.
She said she screamed so much that she wondered whether neighbors would call police. “All I remember is yelling,” the woman said. “I did not want to do it.”
She said she eventually stopped fighting.
“I knew it wasn’t going to be over until he said it was over. So I gave up,” she testified.
The woman had to leave the witness stand during cross examination, because she was being affected by anti-anxiety medication she had just taken. Testimony is expected to resume this afternoon.
Donovan, of DeWitt, is charged with 10 counts of criminal sexual conduct. Six of the counts are first-degree criminal sexual conduct, which carries a maximum penalty of life in prison. Donovan has been placed on unpaid suspension, officials said. He is free on a $50,000 bond.
The alleged assaults happened in March and April 2008, according to court documents. Donovan met both women at Cheetah’s, authorities said.
Donovan’s attorney, Lawrence Emery, told the Lansing State Journal in October the charges are false. Emery said his client passed polygraph tests, and there is no scientific evidence connecting Donovan to any crimes.
The 21-year veteran of the state police was assigned to the Lansing post.
The Genesee County prosecutor’s office is handling the case, because Ingham County Prosecutor Stuart Dunnings III recused his office.
The trooper is charged with sexually assaulting two women. Today’s hearing in 54A District Court determines whether the case goes to trial.
The woman, who was a waitress at Cheetah’s, in south Lansing, said Trooper Joseph Donovan, 48, a regular at the club, offered to give her a ride to a diner the night of March 17, 2008.
The woman testified he made her feel comfortable, and when they arrived at the house, he asked her to go inside because he had been recently divorced and didn’t want the neighbors to see him with another woman.
Once inside, she said, Donovan eventually approached her and forced her into a bedroom, where the assaults occurred. She testified that she has blacked out some of the memories of the incident.
“I have night terrors about this over and over,” she said. The State Journal does not identify victims of sexual abuse.
She said she screamed so much that she wondered whether neighbors would call police. “All I remember is yelling,” the woman said. “I did not want to do it.”
She said she eventually stopped fighting.
“I knew it wasn’t going to be over until he said it was over. So I gave up,” she testified.
The woman had to leave the witness stand during cross examination, because she was being affected by anti-anxiety medication she had just taken. Testimony is expected to resume this afternoon.
Donovan, of DeWitt, is charged with 10 counts of criminal sexual conduct. Six of the counts are first-degree criminal sexual conduct, which carries a maximum penalty of life in prison. Donovan has been placed on unpaid suspension, officials said. He is free on a $50,000 bond.
The alleged assaults happened in March and April 2008, according to court documents. Donovan met both women at Cheetah’s, authorities said.
Donovan’s attorney, Lawrence Emery, told the Lansing State Journal in October the charges are false. Emery said his client passed polygraph tests, and there is no scientific evidence connecting Donovan to any crimes.
The 21-year veteran of the state police was assigned to the Lansing post.
The Genesee County prosecutor’s office is handling the case, because Ingham County Prosecutor Stuart Dunnings III recused his office.
Former Deputy Michelle Stiles Accused of Identity Theft
A former Knox County sheriff's deputy was arraigned in federal court in an identity theft case.
The Knoxville News Sentinel reports 38-year-old Michelle Stiles is accused of stealing the driver's license from a crime victim and using it to open two credit accounts that she used to buy more than $9,000 worth of furniture and goods.
Stiles resigned from the Knox County Sheriff's Office after she was arrested on related state charges in November. She is charged in federal court with bank fraud, mail fraud and aggravated identity theft.
Stiles was arrested Wednesday by agents with the U.S. Marshals Service and the U.S. Postal Inspection Service.
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Information from: The Knoxville News Sentinel, http://www.knoxnews.com
The Knoxville News Sentinel reports 38-year-old Michelle Stiles is accused of stealing the driver's license from a crime victim and using it to open two credit accounts that she used to buy more than $9,000 worth of furniture and goods.
Stiles resigned from the Knox County Sheriff's Office after she was arrested on related state charges in November. She is charged in federal court with bank fraud, mail fraud and aggravated identity theft.
Stiles was arrested Wednesday by agents with the U.S. Marshals Service and the U.S. Postal Inspection Service.
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Information from: The Knoxville News Sentinel, http://www.knoxnews.com
Officer Keith Ashley Accused of Faking Burglary Report
A Dallas police officer is under criminal investigation after being accused of faking a burglary report to hide the fact that he was elsewhere, allegedly having sex with a woman in his patrol car, police said.
Officer Keith Ashley, who joined the department in 2001, has been placed on restricted duty. He declined to comment Tuesday.
"We do have it in public integrity," said Assistant Chief Ron Waldrop, who oversees the investigations bureau. He said he could not comment further because the investigation was under way.
Ashley came under scrutiny after a Nov. 24 incident in which teachers at the Lighthouse Christian Academy on West Illinois Avenue in west Oak Cliff reported that they had seen him engaged in sexual acts in the back of his squad car while it was parked in a school parking lot.
At the same time, he was supposed to be on a burglary call at an apartment complex on Preakness Lane. Ashley wrote in a report that he was flagged down by an apartment complex employee, who told him that a former employee was trying to break into an apartment.
Police investigators are looking into whether Ashley concocted the entire police report. He had worked off-duty security at the complex.
The woman whom Ashley reported as the apartment complex employee in the police report told WFAA-TV that she no longer worked at the complex and that she had spoken to an investigator.
Angela Russell, one of the teachers, told WFAA that she looked out the window of the school and saw a squad car with the back driver's side door open.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle, and when we looked closer we realized they were engaging in improper conduct," she said.
She said the children saw what was going on, too. She approached the officer as the woman was leaving.
"I asked him, 'What's going on here? Do you know there are children in this building and this is a school and there are children here?' " she said. "Oh, and he gave us a story as to why it was going on, and then he left, and I immediately called and complained about it."
Ashley told commanders that the woman in the car with him was his wife and that they were having marital problems and he was consoling her.
Russell, who said she spoke with two police investigators last week, said she was infuriated and unsettled by the incident.
"Our children want to be police officers," she said. "We have a wall inside our school that if your father or mother or anybody in your family that's a police officer are put up on this wall, we say a prayer for you."
Ashley was previously in the news after he lost control of his squad car and struck a fence in May 2008. An iron rod from the fence broke the windshield and struck his chest.
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Officer Keith Ashley, who joined the department in 2001, has been placed on restricted duty. He declined to comment Tuesday.
"We do have it in public integrity," said Assistant Chief Ron Waldrop, who oversees the investigations bureau. He said he could not comment further because the investigation was under way.
Ashley came under scrutiny after a Nov. 24 incident in which teachers at the Lighthouse Christian Academy on West Illinois Avenue in west Oak Cliff reported that they had seen him engaged in sexual acts in the back of his squad car while it was parked in a school parking lot.
At the same time, he was supposed to be on a burglary call at an apartment complex on Preakness Lane. Ashley wrote in a report that he was flagged down by an apartment complex employee, who told him that a former employee was trying to break into an apartment.
Police investigators are looking into whether Ashley concocted the entire police report. He had worked off-duty security at the complex.
The woman whom Ashley reported as the apartment complex employee in the police report told WFAA-TV that she no longer worked at the complex and that she had spoken to an investigator.
Angela Russell, one of the teachers, told WFAA that she looked out the window of the school and saw a squad car with the back driver's side door open.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle, and when we looked closer we realized they were engaging in improper conduct," she said.
She said the children saw what was going on, too. She approached the officer as the woman was leaving.
"I asked him, 'What's going on here? Do you know there are children in this building and this is a school and there are children here?' " she said. "Oh, and he gave us a story as to why it was going on, and then he left, and I immediately called and complained about it."
Ashley told commanders that the woman in the car with him was his wife and that they were having marital problems and he was consoling her.
Russell, who said she spoke with two police investigators last week, said she was infuriated and unsettled by the incident.
"Our children want to be police officers," she said. "We have a wall inside our school that if your father or mother or anybody in your family that's a police officer are put up on this wall, we say a prayer for you."
Ashley was previously in the news after he lost control of his squad car and struck a fence in May 2008. An iron rod from the fence broke the windshield and struck his chest.
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Former Officer Lt. Rockey Kummer Arrested for Child Molestation
Sheriff’s deputies arrested a former veteran police officer Wednesday on child molestation charges.
Former Parker Police Lt. Rockey Kummer, 52, of Swan Road, was taken into custody when he arrived at the local airport Wednesday, according to the Bay County Sheriff’s Office.
Sheriff’s Maj. Tommy Ford said investigators “do believe that he was an officer during a portion of these incidents,” which are alleged to have occurred several times between 2000 and 2008.
He served 28 years in law enforcement in Bay County before heading overseas in May 2006, nearly tripling his salary to train border officers and Afghani police for U.S. government subcontractor DynCorp International.
Ford said Parker police came to sheriff’s investigators with the allegations in October, and over the next two months, interviews with the victim and witnesses “verified the original information.”
The victim was not someone Parker arrested, detained or encountered in his capacity as a police officer, Ford said.
Parker police declined to immediately release further details pending an internal investigation.
Kummer frequently served as a police media spokesman over the years. All the cases he worked as an officer are listed in Bay County’s online court records as traffic incidents.
In 2005, the city cut ties with a volunteer firefighter who was charged with disorderly conduct and resisting arrest after an argument with Kummer at the scene of a car crash. Those charges later were dropped.
Former Parker Police Lt. Rockey Kummer, 52, of Swan Road, was taken into custody when he arrived at the local airport Wednesday, according to the Bay County Sheriff’s Office.
Sheriff’s Maj. Tommy Ford said investigators “do believe that he was an officer during a portion of these incidents,” which are alleged to have occurred several times between 2000 and 2008.
He served 28 years in law enforcement in Bay County before heading overseas in May 2006, nearly tripling his salary to train border officers and Afghani police for U.S. government subcontractor DynCorp International.
Ford said Parker police came to sheriff’s investigators with the allegations in October, and over the next two months, interviews with the victim and witnesses “verified the original information.”
The victim was not someone Parker arrested, detained or encountered in his capacity as a police officer, Ford said.
Parker police declined to immediately release further details pending an internal investigation.
Kummer frequently served as a police media spokesman over the years. All the cases he worked as an officer are listed in Bay County’s online court records as traffic incidents.
In 2005, the city cut ties with a volunteer firefighter who was charged with disorderly conduct and resisting arrest after an argument with Kummer at the scene of a car crash. Those charges later were dropped.
Pennsylvania Officers Accused of Cover-up Face Lawsuit
A police chief charged with trying to cover up the fatal beating of a Mexican immigrant by white teenagers was named in a 2006 civil suit that made a startling claim: Borough police beat to death a Hispanic teenager, then hung him from the bars of his holding cell to make it appear a suicide.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
Police Chief Matthew Nestor was never charged, but the allegations contained in the lawsuit, in Tuesday's indictment and in other civil claims depict a police department with pervasive hostility to minorities.
The 2006 suit names Nestor and Capt. Jamie Gennarini as defendants. They have denied wrongdoing.
Nestor and two other officers were charged Tuesday with orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
SHENANDOAH, Pa. (AP) — After taking part in a fight that left a Mexican immigrant mortally wounded on the street, teenagers Brandon Piekarsky and Derrick Donchak fled. They didn't get very far before running into two police officers responding to a 911 call about the assault.
These were no ordinary officers. Patrolman Jason Hayes dated Piekarsky's mother, and Lt. William Moyer's son played with Piekarsky on the high school football team. Their commanding officer, Chief Matthew Nestor, was a friend of Piekarsky's mother and even vacationed with her.
Rather than place the popular white football players under arrest, the officers let them go — beginning a cover-up in their racially tense coal town, federal prosecutors allege.
The Department of Justice said Tuesday that Hayes, Moyer and Nestor have been indicted on obstruction charges for trying to "impede, obstruct and influence the investigation" into the July 2008 beating death of Luis Ramirez by tampering with evidence and witnesses or lying to the FBI.
The former athletes, who were acquitted of the most serious state charges against them in May, are charged with a federal hate crime for attacking Ramirez in a park as they headed home from a party, the Department of Justice said.
The police chief and his second in command, Jamie Gennarini, were charged with extortion and civil rights violations in a separate case. The two are accused of extorting cash payoffs from illegal gambling operations and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody.
The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out "until we work through this dilemma," said Borough Manager Joseph Palubinsky, who declined to comment on the indictment.
The officers pleaded not guilty before a federal magistrate in Wilkes-Barre and were being held until a bail hearing Wednesday. Donchak and Piekarsky have an initial court appearance scheduled for Dec. 22. Piekarsky's lawyer didn't return a call, and there was no lawyer listed for Donchak on the indictment.
State prosecutors who tried to win murder or ethnic intimidation convictions against the athletes had alleged that they yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power.
The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime and were outraged when the teenagers won acquittals on the most serious charges.
"This is what our family, friends and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez, in a statement released by the Mexican American Legal Defense & Educational Fund. "I truly believe in my heart that Luis can now rest a bit more peacefully knowing that these criminals and accomplices are being charged."
Barry Morrison, the Philadelphia-based regional director of the Anti-Defamation League, said the organization has visited the town several times and found evidence of racial divisions.
"There's nothing that we saw in the way that law enforcement conducted themselves to show that they were enlightened, progressive or separate and apart of the insularity of the community as a whole," he said.
Shenandoah, a blue-collar town of 5,000 residents about 80 miles northwest of Philadelphia, is best known as the birthplace of big band musicians Tommy and Jimmy Dorsey and the home of Mrs. T's Pierogies.
It also has a growing number of Hispanic residents drawn by jobs in factories and farm fields. Hispanics are believed to comprise as much as 10 percent of the population. Ramirez, a 25-year-old native of the small central Mexican town of Iramuco, was in the United States illegally working at various jobs.
The confrontation began when a half-dozen high school football players were headed home from a block party in Shenandoah. They came across Ramirez and his girlfriend in a park, and an argument broke out, then a fight. Defense attorneys called Ramirez the aggressor. Prosecutors said he was punched in the face, then was kicked in the head while unconscious.
The teens gathered at Donchak's home shortly after the attack ended, the indictment said. Piekarsky's mother showed up and told them that she had been in contact with her boyfriend, Hayes, and that they needed to "get their stories straight" because Hayes had told her that Ramirez's condition was deteriorating, it said.
Moyer separately went to the home of another teen present during the attack "and told him to talk to his friends about the version of events that would be communicated to the authorities," the indictment said.
A borough official tried to get the police department to recuse itself, but Nestor refused, the indictment said.
Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky at their trial in the spring.
Piekarsky was acquitted in May by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault.
Piekarsky was sentenced in June to six to 23 months in prison, and Donchak was sentenced to seven to 23 months. They are serving their sentences at the Schuylkill County jail.
A fourth teen was found delinquent in juvenile court for his role in the beating.
If convicted on the hate crime charge, Piekarsky and Donchak face maximum sentences of life in prison. The most serious count against the officers, obstruction, carries a maximum sentence of 20 years in prison.
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