A part-time police officer has reportedly been charged for allegedly abusing his girlfriend's young children with a Taser-like weapon.
Kevin McCann, 47, of Lawrence Township, Ohio, has been charged with two counts of felonious assault and two counts of felony child endangering. McCann allegedly used a Taser-like weapon this on Christina Robinson's 3-year-old daughter and 2-year-old son, the Canton Repository reports.
Authorities do not believe McCann shocked the children and they do not believe the weapon he allegedly used in this incident was given to him as part of his official duties, according to the newspaper.
Robinson, 22, also of Lawrence Township, is charged with four counts of felony child endangering.
Both suspects were arraigned Wednesday and denied all charges. They remain in the Stark County Jail with bond set at $500,000.
The two children in question and a younger sibling have been placed with a relative with supervision provided by the Stark County Department of Job and Family Services, the newspaper reports.
Friday, January 01, 2010
Former Officer Jared Rohrig Faces New Charge of Illegally Hunting Deer
The ex-Orange police officer accused of posing as his identical twin to lure a woman to his bedroom and then raping her after she realized she was with the wrong man now also faces a charge that he was illegally hunting deer.
During Jared S. Rohrig’s brief court appearance Tuesday, Superior Court Judge Eddie Rodriguez Jr. said he would preside over pretrial proceedings involving the misdemeanor charge of violating deer hunting regulations, and the felony charges of first-degree sexual assault and criminal impersonation.
Rohrig, 25, of 7 Flax Mill Lane, was arrested Oct. 17 after a Department of Environmental Protection conservation officer came upon Rohrig perched in a tree stand with a hunting bow, but no hunting license, said DEP spokesman Dennis Schain.
Rohrig was allegedly hunting on Beard Sand and Gravel Co. property. It was deer hunting season, but failure to have a hunting license carries a $200 to $400 fine and up to 60 days in prison.
Rohrig was free on $50,000 bail from his August sexual assault arrest when he was arrested in connection with the hunting incident.
Rohrig is accused of pretending to be his twin brother, Joseph, to have sex with a woman who came to the Flax Mill Lane home to see Joseph in July. In statements to police, the alleged victim said after she realized she was with the wrong Rohrig, she was forced back onto the bed, and Jared Rohrig continued the sexual encounter against her will.
Jared Rohrig has pleaded innocent to charges stemming from the alleged sexual assault, but has yet to enter a plea to the illegal hunting charge.
Bridgeport defense attorney Ed Gavin said he received Tuesday a computer disc from State’s Attorney Kevin D. Lawlor containing information about the alleged sexual assault. The case was continued to Feb. 23 to give both sides time to review the evidence in the case.
“Hopefully, we’ll be able to have substantive discussions before the next court date,” Rodriguez said.
Four motions Gavin previously filed, including a motion to dismiss the case, were not heard or ruled on Tuesday.
“It was only a status conference,” Gavin said outside the courtroom.
Gavin said the motions to dismiss the charges, suppress certain evidence, have other evidence preserved and to be notified of any misconduct that Rohrig will not be charged with, but may still be used at trial, are routine and filed in almost every criminal case. A hearing date for those motions has not been set.
During Jared S. Rohrig’s brief court appearance Tuesday, Superior Court Judge Eddie Rodriguez Jr. said he would preside over pretrial proceedings involving the misdemeanor charge of violating deer hunting regulations, and the felony charges of first-degree sexual assault and criminal impersonation.
Rohrig, 25, of 7 Flax Mill Lane, was arrested Oct. 17 after a Department of Environmental Protection conservation officer came upon Rohrig perched in a tree stand with a hunting bow, but no hunting license, said DEP spokesman Dennis Schain.
Rohrig was allegedly hunting on Beard Sand and Gravel Co. property. It was deer hunting season, but failure to have a hunting license carries a $200 to $400 fine and up to 60 days in prison.
Rohrig was free on $50,000 bail from his August sexual assault arrest when he was arrested in connection with the hunting incident.
Rohrig is accused of pretending to be his twin brother, Joseph, to have sex with a woman who came to the Flax Mill Lane home to see Joseph in July. In statements to police, the alleged victim said after she realized she was with the wrong Rohrig, she was forced back onto the bed, and Jared Rohrig continued the sexual encounter against her will.
Jared Rohrig has pleaded innocent to charges stemming from the alleged sexual assault, but has yet to enter a plea to the illegal hunting charge.
Bridgeport defense attorney Ed Gavin said he received Tuesday a computer disc from State’s Attorney Kevin D. Lawlor containing information about the alleged sexual assault. The case was continued to Feb. 23 to give both sides time to review the evidence in the case.
“Hopefully, we’ll be able to have substantive discussions before the next court date,” Rodriguez said.
Four motions Gavin previously filed, including a motion to dismiss the case, were not heard or ruled on Tuesday.
“It was only a status conference,” Gavin said outside the courtroom.
Gavin said the motions to dismiss the charges, suppress certain evidence, have other evidence preserved and to be notified of any misconduct that Rohrig will not be charged with, but may still be used at trial, are routine and filed in almost every criminal case. A hearing date for those motions has not been set.
Officers Getting Rich on DUI Scheme
Drunk driving is a real problem, with real victims. We assume that the police officers driving the streets of our city are out to protect us. We hope that each drunk driving charge -- each arrest -- is one less dangerous driver for us to worry about.
But what if the police officer is the real danger? What if drunk drivers are not the ones being charged? What if we're all simply open game in a get-rich-quick scheme?
We would be furious and, in Chicago, many citizens are.
When a police officer writes a DUI ticket, he faces the possibility of being called to testify in court if the charge is challenged. By appearing in court, the officer is able to claim overtime pay. If a crooked cop is charging innocent drivers, who will most likely contest the charge, you can imagine that he or she would be bringing in a lot of overtime pay.
Recent public outrage has been focused on Officer Richard Fiorito, a Chicago cop accused of, not only padding his DUI arrests, but of targeting gay and lesbian drivers.
A quick search online turns up multiple videos of Fiorito, recorded on his dashboard camera. Onscreen, the alleged drunk drivers complete every task he gives them, but are eventually taken into custody anyway, confused and scared.
As of late November, Officer Fiorito was still on the city payroll, despite a pile of evidence showing his misconduct and a growing number of lawsuits. Many wonder just exactly what it will take to make city officials take definitive action.
Officer Fiorito isn't the first Chicago officer accused of filing false and misleading DUI charges against innocent drivers. Earlier this year, Officer Joe Parker was accused of the same thing and, in 2008, another Chicago cop, John Haleas, was brought to trial over alleged indiscretions.
In Officer Haleas' case, a Cook County judge dismissed the indictment against him in early November -- hardly the justice his victims were hoping for.
Not only were these three officers engaging in extremely suspect actions, they were commended for it. Fiorito was personally honored by Mothers Against Drunk Driving (MADD) for his number of DUI arrests, and Parker had been widely acclaimed by DUI enforcers throughout Illinois. Haleas was about to be honored by the Alliance Against Intoxicated Motorists when allegations against him began to roll in.
The idea that someone would willfully abuse a system meant to protect innocent people in order to make money is extremely troubling.
While one will hope that such instances are isolated and that a few bad apples don't reflect on the entire system, who can say? One can imagine that, in the future, high-performing DUI officers will be watched more closely -- or so we can hope.
If you have been falsely accused of a DUI offense, contact an experienced criminal defense attorney with extensive DUI experience.
Article provided by Michael T. Norris, Ltd. and John W. Callahan, Ltd.
Visit them at www.chicagocriminallaw.com
But what if the police officer is the real danger? What if drunk drivers are not the ones being charged? What if we're all simply open game in a get-rich-quick scheme?
We would be furious and, in Chicago, many citizens are.
When a police officer writes a DUI ticket, he faces the possibility of being called to testify in court if the charge is challenged. By appearing in court, the officer is able to claim overtime pay. If a crooked cop is charging innocent drivers, who will most likely contest the charge, you can imagine that he or she would be bringing in a lot of overtime pay.
Recent public outrage has been focused on Officer Richard Fiorito, a Chicago cop accused of, not only padding his DUI arrests, but of targeting gay and lesbian drivers.
A quick search online turns up multiple videos of Fiorito, recorded on his dashboard camera. Onscreen, the alleged drunk drivers complete every task he gives them, but are eventually taken into custody anyway, confused and scared.
As of late November, Officer Fiorito was still on the city payroll, despite a pile of evidence showing his misconduct and a growing number of lawsuits. Many wonder just exactly what it will take to make city officials take definitive action.
Officer Fiorito isn't the first Chicago officer accused of filing false and misleading DUI charges against innocent drivers. Earlier this year, Officer Joe Parker was accused of the same thing and, in 2008, another Chicago cop, John Haleas, was brought to trial over alleged indiscretions.
In Officer Haleas' case, a Cook County judge dismissed the indictment against him in early November -- hardly the justice his victims were hoping for.
Not only were these three officers engaging in extremely suspect actions, they were commended for it. Fiorito was personally honored by Mothers Against Drunk Driving (MADD) for his number of DUI arrests, and Parker had been widely acclaimed by DUI enforcers throughout Illinois. Haleas was about to be honored by the Alliance Against Intoxicated Motorists when allegations against him began to roll in.
The idea that someone would willfully abuse a system meant to protect innocent people in order to make money is extremely troubling.
While one will hope that such instances are isolated and that a few bad apples don't reflect on the entire system, who can say? One can imagine that, in the future, high-performing DUI officers will be watched more closely -- or so we can hope.
If you have been falsely accused of a DUI offense, contact an experienced criminal defense attorney with extensive DUI experience.
Article provided by Michael T. Norris, Ltd. and John W. Callahan, Ltd.
Visit them at www.chicagocriminallaw.com
Const Kevin Gregson Charged with Killing Officer
An RCMP officer accused in the stabbing death of an Ottawa police officer was allegedly dressed like a detective, wearing a Kevlar vest, a holster and carrying a pellet gun, sources tell CTV Ottawa.
Const. Kevin Gregson, 43, is under suicide watch following a court appearance where he faced first-degree murder charges in connection with the death.
He held his head low during the appearance on Wednesday morning, and is remanded in protective custody until Jan. 7.
Gregson is charged with first-degree murder, robbery and using an imitation firearm.
The robbery charge is in relation to a vehicle that was found parked at the Civic Campus of the Ottawa Hospital, where Const. Eric Czapnik, 51, was killed.
Judge Richard Sculthorpe granted a Crown request to put Gregson under suicide watch on Wednesday morning.
However, defence lawyer Israel Gencher said the move is precautionary.
"It's a precaution that the police are seeking. Something during the course of their interviews have caused them to have concerns; and in an abundance of caution, they've requested it from the court," said Gencher.
He said he could not comment on the state of his client's mind. However, he is considering asking for a psychiatric assessment for his client.
He also said it's common for police officers to be granted protective custody regardless of the situation because police have been known to be in danger when they are put behind bars.
Family shaken by charges
Gregson's parents, who were visibly shaken and upset, sat in the courtroom as their son appeared before the judge. They asked not to be questioned by the media.
"His parents are understandable quite upset. They are asking to please honour their privacy," said Gencher.
"They're elderly. This has rocked their world and they're really not in a position to give a statement at this time."
He said his next step is to take the case to a superior court judge to ask for bail for his client.
Suspect's past
Gregson -- who has two daughters and is originally from Ottawa -- worked for the RCMP in Saskatchewan. He was suspended with pay in 2006. However, he was recently suspended without pay.
Gencher could not say how long his client has been residing in Ottawa, or where he was living.
In 2006, Gregson was arrested for pulling a knife on a Mormon church official in Regina.
He received a conditional discharge after explaining to the court that he had recently undergone brain surgery for cysts on his brain.
Following the incident, a formal RCMP board reviewed the case in 2008 and ordered Gregson to either resign or be dismissed.
Gregson appealed the decision, which is currently being reviewed by an external review committee.
Murder charges
The charges were laid Tuesday night, more than 15 hours after Czapnik was killed.
Police say Czapnik was sitting in his cruiser outside the emergency room of the Ottawa Hospital taking notes on an unrelated case when he was attacked by a male suspect at about 4:30 a.m.
RCMP Commissioner William Elliott said late Tuesday that he was "shocked" to learn the suspect charged in the case was a member of the RCMP.
Love for others
Czapnik was a Polish immigrant who moved to Canada in 1990. He was a proud father of three sons and one daughter.
He joined the Ottawa police force late in life, after deciding to follow in his father's footsteps in 2007.
Those who knew Czapnik say it was his love for people and his determination that brought him to the ranks of the Ottawa police.
"His dream was to be a police officer," said friend Roger Furmanczyk, who sits on the parish council of the St-Hyacinth Polish Church, where Czapnik was a parishioner.
Others remembered him as a man who always had a smile on his face, and left a powerful impression on everyone he met.
"He will be missed certainly by everybody -- by his family, our community and the entire Ottawa community. It's a loss for all of us," said Wlodek Ciepala, who played soccer with Czapnik.
A memorial will be held at the St-Hyacinth Polish Church at 201 LeBreton St. N. on Monday.
Outpouring of support
People streamed in and out of Ottawa police headquarters on Wednesday to sign a book of condolences for the slain officer.
Many wiped away tears and tried to muffle sniffles as they wrote messages of support. The book at 474 Elgin St. is available to sign 24 hours a day.
Other books of condolences are also available at police stations across the city from 9 a.m. to 5 p.m. Monday to Friday. Those locations include:
* 4561 Bank St.,
* 211 Huntmar Dr.,
* 3343 St. Joseph Blvd.,
* and 245 Greenbank Rd.
Those who can't make it to the police station are invited to send email messages to info@ottawapolice.ca.
His funeral will be held at Lansdowne Park on Thursday, Jan. 7 at 1:30 p.m. Visitations will be at Beechwood Cemetery, 280 Beechwood Ave., on Tuesday and Wednesday from 2 p.m. to 4 p.m. and 7 p.m. to 9 p.m.
Donations to a trust fund for the children can be made at the Ottawa Police Credit Union at 274 Elgin Street.
Const. Kevin Gregson, 43, is under suicide watch following a court appearance where he faced first-degree murder charges in connection with the death.
He held his head low during the appearance on Wednesday morning, and is remanded in protective custody until Jan. 7.
Gregson is charged with first-degree murder, robbery and using an imitation firearm.
The robbery charge is in relation to a vehicle that was found parked at the Civic Campus of the Ottawa Hospital, where Const. Eric Czapnik, 51, was killed.
Judge Richard Sculthorpe granted a Crown request to put Gregson under suicide watch on Wednesday morning.
However, defence lawyer Israel Gencher said the move is precautionary.
"It's a precaution that the police are seeking. Something during the course of their interviews have caused them to have concerns; and in an abundance of caution, they've requested it from the court," said Gencher.
He said he could not comment on the state of his client's mind. However, he is considering asking for a psychiatric assessment for his client.
He also said it's common for police officers to be granted protective custody regardless of the situation because police have been known to be in danger when they are put behind bars.
Family shaken by charges
Gregson's parents, who were visibly shaken and upset, sat in the courtroom as their son appeared before the judge. They asked not to be questioned by the media.
"His parents are understandable quite upset. They are asking to please honour their privacy," said Gencher.
"They're elderly. This has rocked their world and they're really not in a position to give a statement at this time."
He said his next step is to take the case to a superior court judge to ask for bail for his client.
Suspect's past
Gregson -- who has two daughters and is originally from Ottawa -- worked for the RCMP in Saskatchewan. He was suspended with pay in 2006. However, he was recently suspended without pay.
Gencher could not say how long his client has been residing in Ottawa, or where he was living.
In 2006, Gregson was arrested for pulling a knife on a Mormon church official in Regina.
He received a conditional discharge after explaining to the court that he had recently undergone brain surgery for cysts on his brain.
Following the incident, a formal RCMP board reviewed the case in 2008 and ordered Gregson to either resign or be dismissed.
Gregson appealed the decision, which is currently being reviewed by an external review committee.
Murder charges
The charges were laid Tuesday night, more than 15 hours after Czapnik was killed.
Police say Czapnik was sitting in his cruiser outside the emergency room of the Ottawa Hospital taking notes on an unrelated case when he was attacked by a male suspect at about 4:30 a.m.
RCMP Commissioner William Elliott said late Tuesday that he was "shocked" to learn the suspect charged in the case was a member of the RCMP.
Love for others
Czapnik was a Polish immigrant who moved to Canada in 1990. He was a proud father of three sons and one daughter.
He joined the Ottawa police force late in life, after deciding to follow in his father's footsteps in 2007.
Those who knew Czapnik say it was his love for people and his determination that brought him to the ranks of the Ottawa police.
"His dream was to be a police officer," said friend Roger Furmanczyk, who sits on the parish council of the St-Hyacinth Polish Church, where Czapnik was a parishioner.
Others remembered him as a man who always had a smile on his face, and left a powerful impression on everyone he met.
"He will be missed certainly by everybody -- by his family, our community and the entire Ottawa community. It's a loss for all of us," said Wlodek Ciepala, who played soccer with Czapnik.
A memorial will be held at the St-Hyacinth Polish Church at 201 LeBreton St. N. on Monday.
Outpouring of support
People streamed in and out of Ottawa police headquarters on Wednesday to sign a book of condolences for the slain officer.
Many wiped away tears and tried to muffle sniffles as they wrote messages of support. The book at 474 Elgin St. is available to sign 24 hours a day.
Other books of condolences are also available at police stations across the city from 9 a.m. to 5 p.m. Monday to Friday. Those locations include:
* 4561 Bank St.,
* 211 Huntmar Dr.,
* 3343 St. Joseph Blvd.,
* and 245 Greenbank Rd.
Those who can't make it to the police station are invited to send email messages to info@ottawapolice.ca.
His funeral will be held at Lansdowne Park on Thursday, Jan. 7 at 1:30 p.m. Visitations will be at Beechwood Cemetery, 280 Beechwood Ave., on Tuesday and Wednesday from 2 p.m. to 4 p.m. and 7 p.m. to 9 p.m.
Donations to a trust fund for the children can be made at the Ottawa Police Credit Union at 274 Elgin Street.
Thursday, December 31, 2009
Connecticut Man Dies After Being Tasered
Authorities say a man has died of unknown causes after struggling with Stamford police officers who were called to a city home to detain him.
The man, whose name was not released, was pronounced dead at Stamford Hospital after the incident Wednesday morning.
Connecticut State Police say Stamford officers were called to a Lafayette Street home on a report that the man was agitated and aggressive, and that officers had to use pepper spray and a Taser to subdue him.
They say he went into "medical distress" after being handcuffed, and was treated at the scene until an ambulance arrived to take him to the hospital.
State police officers are investigating the incident.
The man, whose name was not released, was pronounced dead at Stamford Hospital after the incident Wednesday morning.
Connecticut State Police say Stamford officers were called to a Lafayette Street home on a report that the man was agitated and aggressive, and that officers had to use pepper spray and a Taser to subdue him.
They say he went into "medical distress" after being handcuffed, and was treated at the scene until an ambulance arrived to take him to the hospital.
State police officers are investigating the incident.
Deputy Brian Weber Arrested for Domestic Violence
A Washoe County Sheriff’s Deputy has been arrested, accused of domestic battery. Brian Weber was booked into the jail Wednesday night.
There are not a lot of details regarding his arrest. The Sheriff’s department tells us that Weber has been with the department for the fast five years and was assigned to patrol.
Weber has been reassigned to other duties while the Reno Police Department investigates the allegations against him.
There are not a lot of details regarding his arrest. The Sheriff’s department tells us that Weber has been with the department for the fast five years and was assigned to patrol.
Weber has been reassigned to other duties while the Reno Police Department investigates the allegations against him.
Former Chief Knew Officer Michael Mabe was Accused of Touching Child
The Walnut Cove Police Department allegedly knew of allegations against an officer that he was accused of inappropriately touching a child, according to officials with the Stokes County Sheriff's Office.
Investigators say Michael Mabe, a former Walnut Cove police officer, was arrested in mid-December and charged with 15 counts of indecent liberties with a child. According to officials, the alleged incidents took place more than 20 years ago.
Mabe worked as a part-time deputy for the Stokes County Sheriff's office until the mid-1990's. Officials say he left the Stokes County department when allegations of his alleged contact with a child surfaced in the mid-1990's. Mabe left the department and began working in Walnut Cove.
According to Stokes County Sheriff's officials, former Walnut Cove Police Chief Barry Conaway was aware of the allegations against Mabe while he was employed with the department. Capt. Craig Carico with the Stokes County Sheriff's Office said their records indicate Stokes County Deputies were sent to Walnut Cove to inform and discuss the allegations against Mabe.
"The Walnut Cove Police Department was notified at the time the allegations were made available to us," said capt. Carico.
Former Walnut Cove Police Chief Barry Conaway served as chief in the mid-1990's but is no longer with the department.
"I've had a lot of people concerned with the fact that it was known about and nothing done about it. I had a lot of people ask, why... and I can't tell them why...because I wasn't here," said James Hill, the current Police Chief for the Walnut Cove Police Department. "I feel like that should have happened... I feel like it should have been taken care of."
Hill, the current Walnut Cove Police Chief, said Mabe was a good officer. "He was a good person. I never had any problems with him whatsoever," said Hill.
Stokes County officials said Michael Mabe's wife works in the Child Support division in the Department of Social Services where the allegations were initially filed.
Mabe resigned from his position in the police department the day he was arrest, Walnut Cove Town Manager Homer Dearmin said.
Mabe is currently out on bond. His court date is set for January 20.
Investigators say Michael Mabe, a former Walnut Cove police officer, was arrested in mid-December and charged with 15 counts of indecent liberties with a child. According to officials, the alleged incidents took place more than 20 years ago.
Mabe worked as a part-time deputy for the Stokes County Sheriff's office until the mid-1990's. Officials say he left the Stokes County department when allegations of his alleged contact with a child surfaced in the mid-1990's. Mabe left the department and began working in Walnut Cove.
According to Stokes County Sheriff's officials, former Walnut Cove Police Chief Barry Conaway was aware of the allegations against Mabe while he was employed with the department. Capt. Craig Carico with the Stokes County Sheriff's Office said their records indicate Stokes County Deputies were sent to Walnut Cove to inform and discuss the allegations against Mabe.
"The Walnut Cove Police Department was notified at the time the allegations were made available to us," said capt. Carico.
Former Walnut Cove Police Chief Barry Conaway served as chief in the mid-1990's but is no longer with the department.
"I've had a lot of people concerned with the fact that it was known about and nothing done about it. I had a lot of people ask, why... and I can't tell them why...because I wasn't here," said James Hill, the current Police Chief for the Walnut Cove Police Department. "I feel like that should have happened... I feel like it should have been taken care of."
Hill, the current Walnut Cove Police Chief, said Mabe was a good officer. "He was a good person. I never had any problems with him whatsoever," said Hill.
Stokes County officials said Michael Mabe's wife works in the Child Support division in the Department of Social Services where the allegations were initially filed.
Mabe resigned from his position in the police department the day he was arrest, Walnut Cove Town Manager Homer Dearmin said.
Mabe is currently out on bond. His court date is set for January 20.
Deputy James Pruitt Arrested for Drunk Driving
Polk County deputies arrested one of their own this morning after finding the officer passed out behind the steering wheel of his Jeep.
Sheriff's Deputy James Pruitt was charged with driving under the influence, the Polk County Sheriff's Office said.
Deputies found Pruitt, 37, passed out at the steering wheel of his 1997 Jeep about 7 a.m. The engine was running when deputies found the vehicle at the entrance of the Pier Place subdivision, the sheriff's office said.
Pruitt was taken to the Polk County Jail after deputies gave him field sobriety tests. He refused to submit to a breath test, the sheriff's office said.
The department hired Pruitt in April 1994 and he was assigned to the Southeast Division patrol. He is suspended without pay until the department finishes an internal investigation, the sheriff's office said.
Sheriff's Deputy James Pruitt was charged with driving under the influence, the Polk County Sheriff's Office said.
Deputies found Pruitt, 37, passed out at the steering wheel of his 1997 Jeep about 7 a.m. The engine was running when deputies found the vehicle at the entrance of the Pier Place subdivision, the sheriff's office said.
Pruitt was taken to the Polk County Jail after deputies gave him field sobriety tests. He refused to submit to a breath test, the sheriff's office said.
The department hired Pruitt in April 1994 and he was assigned to the Southeast Division patrol. He is suspended without pay until the department finishes an internal investigation, the sheriff's office said.
Lt William Scott Richard Accused of Stalking
A University of Florida police officer accused of stalking a woman the past two years was charged with aggravated stalking and obstructing justice, according to the Florida Department of Law Enforcement.
UF Police Department Lt. William Scott Richard, 38, was arrested and booked into the Alachua County Jail. He posted $250,000 bond and was released late Wednesday on several conditions, including that Richard surrender all firearms to the Alachua County Sheriff's Office and he be placed on electronic monitoring.
The arrest affidavit accuses Richard of sexually battering and stalking a woman in the fall of 2007 and winter of 2008. The crimes went unreported at the time, but the stalking started again over the summer when the woman moved back to Gainesville, according to court documents.
In July 2009, Richard was placed on administrative leave and ordered him to not have any contact with the victim. Authorities report that Richard was seen driving back and forth by the victim's home in November and December. The affidavit said he was arrested after he made contact with the woman on Tuesday.
UF Police Department Lt. William Scott Richard, 38, was arrested and booked into the Alachua County Jail. He posted $250,000 bond and was released late Wednesday on several conditions, including that Richard surrender all firearms to the Alachua County Sheriff's Office and he be placed on electronic monitoring.
The arrest affidavit accuses Richard of sexually battering and stalking a woman in the fall of 2007 and winter of 2008. The crimes went unreported at the time, but the stalking started again over the summer when the woman moved back to Gainesville, according to court documents.
In July 2009, Richard was placed on administrative leave and ordered him to not have any contact with the victim. Authorities report that Richard was seen driving back and forth by the victim's home in November and December. The affidavit said he was arrested after he made contact with the woman on Tuesday.
Officer Eric Boughton Accused of Drunk Driving
A Shreveport police officer is on paid administrative leave as a result of being accused of drunken driving in DeSoto, according to a Police Department news release.
Eric Boughton, 29, of the 800 block of Francine Drive in Shreveport, was booked into DeSoto Detention Center about 9:30 a.m. Wednesday on one count of first-offense driving while intoxicated. He was released on $1,088 bond at 11:30 a.m.
About the same time, Police Chief Henry Whitehorn received a call from the DeSoto sheriff's office informing him of the officer's arrest. Boughton, who was hired in 2007, immediately was placed on leave pending an internal investigation.
Eric Boughton, 29, of the 800 block of Francine Drive in Shreveport, was booked into DeSoto Detention Center about 9:30 a.m. Wednesday on one count of first-offense driving while intoxicated. He was released on $1,088 bond at 11:30 a.m.
About the same time, Police Chief Henry Whitehorn received a call from the DeSoto sheriff's office informing him of the officer's arrest. Boughton, who was hired in 2007, immediately was placed on leave pending an internal investigation.
Officer Jeff Redcross Accused of Theft
A Florence police officer who was terminated Monday was issued a summons Thursday to appear in Florence Municipal Court on a charge of theft of lost property, officials said.
Jeff Redcross, 38, is being represented by Florence attorney Tim Case. Case said the summons is not a warrant and Redcross was not arrested.
"It just summons him to appear in court on the allegations," Case said.
Florence Police Chief Rick Singleton said Redcross' termination had nothing to do with the summons. He said Redcross has filed an appeal with the city's civil service board and is on paid administrative leave while the appeals process continues.
The chief said his recommendation to terminate Redcross' employment was a result of an administrative hearing and was based on a violation of departmental rules not a violation of the law.
"My decision had nothing to do with the summons or what's going on with the court," Singleton said. "We have rules and they are to be followed."
According to the summons, which was issued by the municipal magistrate's office, Redcross is to appear at 8 a.m. Tuesday, Jan. 26, in Florence City Court.
The charge of third-degree theft of lost property is a Class A misdemeanor, which is punishable by a year in jail and a fine, if convicted.
A person with direct knowledge of the case said Tony Armstead is accusing Redcross of taking money that Armstead claims to have lost on the dance floor of a local nightclub.
According to an incident report filed at the Florence Police Department, the 38-year-old Florence man claimed $300 in $100 bills were taken from him at Side Pockets Billiards on Darby Drive between 11 p.m. and 1 a.m. Dec. 3-4. The report was filed Dec. 8.
Authorities said Redcross was off duty and was a customer at the business when the theft is supposed to have taken place.
"I've known Jeff Redcross for 17 years. He's enjoyed a good reputation as a UNA football standout, as a radio announcer and as a person in the community," said Case.
Case said this is the first time in his 17 years as a defense attorney that he has ever "defended or been confronted" with a charge like this.
"We look forward to defending this in court and based upon our initial investigations and interviewing the witnesses we have done so far, we feel like we should prevail and Jeff will and should be exonerated of these charges," Case said.
Case said he is also representing Redcross in the termination appeal process.
"We are anxious to present his case before the civil service board," Case said.
Redcross has been a member of the department for 17 years and has been a patrol sergeant for the past three years.
Jeff Redcross, 38, is being represented by Florence attorney Tim Case. Case said the summons is not a warrant and Redcross was not arrested.
"It just summons him to appear in court on the allegations," Case said.
Florence Police Chief Rick Singleton said Redcross' termination had nothing to do with the summons. He said Redcross has filed an appeal with the city's civil service board and is on paid administrative leave while the appeals process continues.
The chief said his recommendation to terminate Redcross' employment was a result of an administrative hearing and was based on a violation of departmental rules not a violation of the law.
"My decision had nothing to do with the summons or what's going on with the court," Singleton said. "We have rules and they are to be followed."
According to the summons, which was issued by the municipal magistrate's office, Redcross is to appear at 8 a.m. Tuesday, Jan. 26, in Florence City Court.
The charge of third-degree theft of lost property is a Class A misdemeanor, which is punishable by a year in jail and a fine, if convicted.
A person with direct knowledge of the case said Tony Armstead is accusing Redcross of taking money that Armstead claims to have lost on the dance floor of a local nightclub.
According to an incident report filed at the Florence Police Department, the 38-year-old Florence man claimed $300 in $100 bills were taken from him at Side Pockets Billiards on Darby Drive between 11 p.m. and 1 a.m. Dec. 3-4. The report was filed Dec. 8.
Authorities said Redcross was off duty and was a customer at the business when the theft is supposed to have taken place.
"I've known Jeff Redcross for 17 years. He's enjoyed a good reputation as a UNA football standout, as a radio announcer and as a person in the community," said Case.
Case said this is the first time in his 17 years as a defense attorney that he has ever "defended or been confronted" with a charge like this.
"We look forward to defending this in court and based upon our initial investigations and interviewing the witnesses we have done so far, we feel like we should prevail and Jeff will and should be exonerated of these charges," Case said.
Case said he is also representing Redcross in the termination appeal process.
"We are anxious to present his case before the civil service board," Case said.
Redcross has been a member of the department for 17 years and has been a patrol sergeant for the past three years.
Four Officers Face Federal Charges for Trying to Cover up Beating Death
Four police officers who are facing federal charges are now officially off the force. The borough council in Shenandoah, Schuylkill County accepted the resignations of Chief Matthew Nestor and three of his fellow officers last night. Nestor and two others are accused of trying to cover up the beating death of illegal immigrant Luis Ramirez last summer.
Nestor and a fourth officer are charged with extortion and civil rights violations in a separate case. Now the police department has only three officers, so state police are stepping in to help patrol the town.
Nestor and a fourth officer are charged with extortion and civil rights violations in a separate case. Now the police department has only three officers, so state police are stepping in to help patrol the town.
Former Officer Marcus Tafoya Accused of Trying to Intimidate Witnesses
A former Fresno police officer on trial for accusations of using excessive force faces new allegations of witness tampering.
During a special hearing Thursday in Fresno County Superior Court called to investigate the allegations, prosecutor Blake Gunderson accused Marcus Tafoya of trying to intimidate witnesses.
A police officer called to testify at the hearing broke down on the stand and exercised his Fifth Amendment right not to incriminate himself. Judge John Vogt ordered a police cell phone be turned over to the District Attorney's Office before ending the surprising day in court. No jury was present.
Tafoya, 39, went on trial Nov. 17 on eight felony counts of excessive force at a welcome-home party for a soldier returning from Iraq in March 2005. Tafoya has pleaded not guilty. The trial is scheduled to resume Monday.
Gunderson alleges that Tafoya wanted a fellow police officer to appear in the courtroom audience when officer Steve Gonzales testified Dec. 17.
* External Link Crime and courts coverage
Gonzales was back in court Thursday for the special hearing. He said that after he testified at Tafoya's trial, he returned to a police substation to go off duty.
Gonzales said while he was at the substation, Sgt. Cary Weigant pulled him aside and confided in him: Another officer, Sgt. Dave Madrigal, wanted Weigant to be in the courtroom during Tafoya's trial. Gonzales said he thought the purpose was to interfere with the trial.
"I had a nauseous feeling in my stomach," Gonzales said. "I didn't know if they were trying to intimidate by putting Weigant and Madrigal in the audience.
"I felt someone was trying to underhand the investigation."
Gonzales said he then contacted the District Attorney's Office.
Madrigal, who was subpoenaed to appear at Thursday's hearing, broke down in tears when Gunderson asked him whether he knew prosecutors had been trying to reach him since Dec. 18.
Superior Court Judge John Vogt called a recess to allow Madrigal to compose himself. When testimony resumed, Madrigal asserted his Fifth Amendment right against self-incrimination, declining to answer Gunderson's questions. Vogt then excused him from the hearing.
Vogt ordered Madrigal's cell phone be turned over to the District Attorney's Office. Specifically, prosecutors want to examine calls and text messages between Madrigal and Tafoya and between Madrigal and Weigant. The cell phone was given to prosecutors Thursday.
Tafoya was fired from the Fresno Police Department in July 2007.
During his trial, jurors heard from partygoers who said Tafoya struck them with a police baton for no reason. Several police officers have given testimony that supported Tafoya, including Sgt. Michael Manfredi, who last week said that Tafoya made the right call to order another officer to shoot partygoers with bean bags.
Manfredi rebutted another officer who testified that he was shocked to hear Tafoya tell him to start shooting defenseless partygoers with bean bags. The officer refused to do it.
And earlier in the trial, a former Fresno police officer who now works for the Santa Maria Police Department testified that Tafoya slugged a partygoer for no apparent reason.
The city of Fresno agreed in 2006 to pay $1.6 million to settle an excessive-force case stemming from the party. Tafoya, Manfredi, the city of Fresno and Police Chief Jerry Dyer are defendants in a related civil-rights trial pending in Fresno federal court.
During a special hearing Thursday in Fresno County Superior Court called to investigate the allegations, prosecutor Blake Gunderson accused Marcus Tafoya of trying to intimidate witnesses.
A police officer called to testify at the hearing broke down on the stand and exercised his Fifth Amendment right not to incriminate himself. Judge John Vogt ordered a police cell phone be turned over to the District Attorney's Office before ending the surprising day in court. No jury was present.
Tafoya, 39, went on trial Nov. 17 on eight felony counts of excessive force at a welcome-home party for a soldier returning from Iraq in March 2005. Tafoya has pleaded not guilty. The trial is scheduled to resume Monday.
Gunderson alleges that Tafoya wanted a fellow police officer to appear in the courtroom audience when officer Steve Gonzales testified Dec. 17.
* External Link Crime and courts coverage
Gonzales was back in court Thursday for the special hearing. He said that after he testified at Tafoya's trial, he returned to a police substation to go off duty.
Gonzales said while he was at the substation, Sgt. Cary Weigant pulled him aside and confided in him: Another officer, Sgt. Dave Madrigal, wanted Weigant to be in the courtroom during Tafoya's trial. Gonzales said he thought the purpose was to interfere with the trial.
"I had a nauseous feeling in my stomach," Gonzales said. "I didn't know if they were trying to intimidate by putting Weigant and Madrigal in the audience.
"I felt someone was trying to underhand the investigation."
Gonzales said he then contacted the District Attorney's Office.
Madrigal, who was subpoenaed to appear at Thursday's hearing, broke down in tears when Gunderson asked him whether he knew prosecutors had been trying to reach him since Dec. 18.
Superior Court Judge John Vogt called a recess to allow Madrigal to compose himself. When testimony resumed, Madrigal asserted his Fifth Amendment right against self-incrimination, declining to answer Gunderson's questions. Vogt then excused him from the hearing.
Vogt ordered Madrigal's cell phone be turned over to the District Attorney's Office. Specifically, prosecutors want to examine calls and text messages between Madrigal and Tafoya and between Madrigal and Weigant. The cell phone was given to prosecutors Thursday.
Tafoya was fired from the Fresno Police Department in July 2007.
During his trial, jurors heard from partygoers who said Tafoya struck them with a police baton for no reason. Several police officers have given testimony that supported Tafoya, including Sgt. Michael Manfredi, who last week said that Tafoya made the right call to order another officer to shoot partygoers with bean bags.
Manfredi rebutted another officer who testified that he was shocked to hear Tafoya tell him to start shooting defenseless partygoers with bean bags. The officer refused to do it.
And earlier in the trial, a former Fresno police officer who now works for the Santa Maria Police Department testified that Tafoya slugged a partygoer for no apparent reason.
The city of Fresno agreed in 2006 to pay $1.6 million to settle an excessive-force case stemming from the party. Tafoya, Manfredi, the city of Fresno and Police Chief Jerry Dyer are defendants in a related civil-rights trial pending in Fresno federal court.
Wednesday, December 30, 2009
Sgt. Laura Delgado Arrested for Shoplifting
A Bexar County Sheriff's Office sergeant is one of two women accused of shoplifting nearly $200 worth of clothing and jewelry from Macy's in South Park Mall on Tuesday evening, officials said.
San Antonio police arrested Sgt. Laura Delgado, 31, and Lori Marsden, 36, about 6 p.m. on one count each of theft from $50 to $500. They were held on $1,000 bail, with Delgado released after posting it early Wednesday.
An 11-year veteran most recently assigned to the detention unit, Delgado was placed on administrative duty pending the outcome of the investigation, said Sheriff's Office spokesman Deputy Ino Badillo. Delgado was off duty Tuesday night, he said.
A police report says the women were seen going into dressing rooms with merchandise that was not in sight when they emerged. When a security guard detained them, Delgado tried to escape and was aggressive, the report says.
The women continued to be argumentative in the store's loss-prevention office, where police found two shirts, a pair of jeans, a watch, two pairs of earrings and a bracelet in their purses, the police report says.
Delgado told police she works for the Sheriff's Office and her duty weapon was in her personal car in the mall parking lot. A deputy picked up the gun.
San Antonio police arrested Sgt. Laura Delgado, 31, and Lori Marsden, 36, about 6 p.m. on one count each of theft from $50 to $500. They were held on $1,000 bail, with Delgado released after posting it early Wednesday.
An 11-year veteran most recently assigned to the detention unit, Delgado was placed on administrative duty pending the outcome of the investigation, said Sheriff's Office spokesman Deputy Ino Badillo. Delgado was off duty Tuesday night, he said.
A police report says the women were seen going into dressing rooms with merchandise that was not in sight when they emerged. When a security guard detained them, Delgado tried to escape and was aggressive, the report says.
The women continued to be argumentative in the store's loss-prevention office, where police found two shirts, a pair of jeans, a watch, two pairs of earrings and a bracelet in their purses, the police report says.
Delgado told police she works for the Sheriff's Office and her duty weapon was in her personal car in the mall parking lot. A deputy picked up the gun.
Corrections Officer Tonya Henderson Arrested for Stealing from Target
A state corrections officer clad in her uniform and with her 6-year-old son in tow allegedly stole items worth about $2,800 from a Target store in Victorville.
Tonya Henderson, 40, of Adelanto left the store on Palmdale Road about 9:45 a.m. Tuesday without paying for a big-screen television, steam cleaner and Xbox 360 video-game console, San Bernardino County sheriff's officials said.
Henderson works at the California Institution for Men in Chino. The state Department of Corrections on Wednesday placed Henderson on paid leave. Department officials are investigating the incident.
"We don't know how long (the investigation) could last," said Terry Thornton, spokeswoman for the California Department of Corrections.
A loss-prevention officer at the Target noticed Henderson loading the items into her vehicle and informed the Sheriff's Department. Deputies tracked Henderson's license-plate number to her home. She was arrested on suspicion of commercial burglary.
"If someone is found guilty of a felony, that would disqualify them from a peace officer position," Thornton said.
Henderson was released on bail Wednesday morning from West Valley Detention Center in Rancho Cucamonga.
Henderson was hired July 1, 2002, by the Department of Corrections.
She has worked full time as a relief corrections officer and has filled in for officers on vacation or furlough, Thornton said.
Tonya Henderson, 40, of Adelanto left the store on Palmdale Road about 9:45 a.m. Tuesday without paying for a big-screen television, steam cleaner and Xbox 360 video-game console, San Bernardino County sheriff's officials said.
Henderson works at the California Institution for Men in Chino. The state Department of Corrections on Wednesday placed Henderson on paid leave. Department officials are investigating the incident.
"We don't know how long (the investigation) could last," said Terry Thornton, spokeswoman for the California Department of Corrections.
A loss-prevention officer at the Target noticed Henderson loading the items into her vehicle and informed the Sheriff's Department. Deputies tracked Henderson's license-plate number to her home. She was arrested on suspicion of commercial burglary.
"If someone is found guilty of a felony, that would disqualify them from a peace officer position," Thornton said.
Henderson was released on bail Wednesday morning from West Valley Detention Center in Rancho Cucamonga.
Henderson was hired July 1, 2002, by the Department of Corrections.
She has worked full time as a relief corrections officer and has filled in for officers on vacation or furlough, Thornton said.
Lt Steven Hanners Charged with Theft
The Eufaula Police Department arrested and charged one of their own on Monday. According to EPD Chief Jim West, Lt. Steven Hanners, who joined the force in 1998, has been charged with a Class B felony for theft of property.
West said the investigation continues and additional charges could be filed. “We are currently examining all of Lt. Hanners’ case files and paperwork.”
According to West, Hanners has been the Eufaula Police Department supervisor over Special Operations and the SWAT team.
“The public trusts us and we are going to be worthy of that trust. We will be spotless” West said. “This must not taint the reputation of other officers or the department.”
Eufaula Mayor Jay Jaxon echoed those sentiments. “I hate that this has happened. I see that the chief was on top of this and has acted on his concerns.”
West said the investigation continues and additional charges could be filed. “We are currently examining all of Lt. Hanners’ case files and paperwork.”
According to West, Hanners has been the Eufaula Police Department supervisor over Special Operations and the SWAT team.
“The public trusts us and we are going to be worthy of that trust. We will be spotless” West said. “This must not taint the reputation of other officers or the department.”
Eufaula Mayor Jay Jaxon echoed those sentiments. “I hate that this has happened. I see that the chief was on top of this and has acted on his concerns.”
Two Officers Fired, One Arrested After Standoff
Two police officers in the small town of West Tawakoni have been fired amid an investigation into alleged misconduct, and one of them was arrested after a standoff.
West Tawakoni Police Chief Jack Schultz tells The Greenville Herald-Banner that the men violated department policy and are being investigated by the Texas Rangers.
One of the men, Perry Reed, remained jailed Wednesday on a charge of assault after his arrest in nearby Greenville following a standoff Tuesday night. Details regarding the assault and standoff weren't immediately available.
Reed and the other officer don't yet have attorneys who can comment on their behalf.
West Tawakoni is a town of about 1,000 residents located about 45 miles east of Dallas.
___
Information from: Herald-Banner, http://www.heraldbanner.com
West Tawakoni Police Chief Jack Schultz tells The Greenville Herald-Banner that the men violated department policy and are being investigated by the Texas Rangers.
One of the men, Perry Reed, remained jailed Wednesday on a charge of assault after his arrest in nearby Greenville following a standoff Tuesday night. Details regarding the assault and standoff weren't immediately available.
Reed and the other officer don't yet have attorneys who can comment on their behalf.
West Tawakoni is a town of about 1,000 residents located about 45 miles east of Dallas.
___
Information from: Herald-Banner, http://www.heraldbanner.com
Corrections Officer Mark Barber Accused of Extorting Sexual Favors From Inmates
A Long Island corrections officer is being accused of extorting sexual favors from female inmates.
Nassau County District Attorney Kathleen Rice says 47-year-old Mark Barber, of Levittown, was arrested Wednesday and charged with multiple counts of rape, sexual abuse, and forcible touching.
Rice says Barber used his position as a grievance officer for the Nassau County Correctional Center to engage in various sexual activity with female inmates.
Rice says Barber, a corrections officer since 1987, would target inmates who had histories of drug abuse, prostitution, or mental health treatment.
Barber's lawyer, Frederick James Annibale Jr., told reporters that his client denies the charges.
Barber is due back in court Jan. 4. If convicted, he faces up to 16 years in prison.
Nassau County District Attorney Kathleen Rice says 47-year-old Mark Barber, of Levittown, was arrested Wednesday and charged with multiple counts of rape, sexual abuse, and forcible touching.
Rice says Barber used his position as a grievance officer for the Nassau County Correctional Center to engage in various sexual activity with female inmates.
Rice says Barber, a corrections officer since 1987, would target inmates who had histories of drug abuse, prostitution, or mental health treatment.
Barber's lawyer, Frederick James Annibale Jr., told reporters that his client denies the charges.
Barber is due back in court Jan. 4. If convicted, he faces up to 16 years in prison.
Tuesday, December 29, 2009
Deputy John Franklin Accused of Shaking Down Priest
A San Luis Obispo Sheriff’s deputy has filed a civil claim seeking an unspecified amount of money against a Roman Catholic priest whom he said emotionally traumatized him during an undercover sting operation.
Claiming personal injuries, Sheriff’s Deputy John Franklin filed a civil claim against a Roman Catholic priest he arrested in 2007 for lewd conduct in a public place near Avila Beach. Franklin claims he suffers “mental and emotional distress including feelings of anger, rage, disgust, revulsion and embarrassment as a result of the despicable and oppressive behavior” of the former assistant pastor of St. Joseph’s Roman Catholic Church in Nipomo.
“It is not so much monetary as a position of principal he is seeking. My client is making a statement that this is not acceptable behavior,” said James R. Murphy, the deputy’s attorney.
Church officials, their attorneys and the priest’s attorney contend Franklin is attempting to strong-arm the priest and the church for monetary gain.
“I think John Franklin is just looking for money,” said Thomas Riordan, vicar for temporalities for the Roman Catholic Diocese of Monterey, which includes San Luis Obispo County. “We continue to be surprised by his actions.”
On July 18, 2007, Franklin was working undercover at the area around Pirate’s Cove, a nude beach with a reputation as a hook-up spot for homosexuals, when he spotted the priest, Geronimo Cuevas, standing in the brush rubbing his genitals through his shorts.
“I asked him (Cuevas), ‘What have you got over there,” Franklin said in the arrest report. “With his right hand he motioned for me to come towards me and he stated, ‘Touch me.’”
“I took two steps towards him asking him, ‘What did you say?’ He reached out with his right hand and touched my genitals,” Franklin said in the report.
Franklin then informed Cuevas, who claimed he was unemployed and living in Las Vegas, that he was under arrest for sexual battery and lewd acts.
Cuevas was convicted in 2008 of two misdemeanor counts of lewd conduct in a public place, ordered to take an AIDS awareness course and placed on three years probation. The church also stripped the fallen priest of his “faculties” (permission to perform church duties).
“My client (Franklin) was ordered to do patrol duty there,” Murphy said. “While he was minding his own business, he was grabbed by a priest.”
Following Cuevas’ conviction, Murphy sent a letter to the Roman Catholic Diocese of Monterey stating his client’s plans to seek monetary damages for injuries incurred during the arrest.
“A demand was made upon the diocese and refused,” said attorney for the Diocese of Monterey, Paul Gaspari of the San Francisco-based Tobin and Tobin law firm. “I think it was a claim that had no foundation in law or fact.”
Murphy said he wrote the diocese a letter at the time because he assumed Cuevas was still a priest. Later, he was informed that Cuevas was no longer performing priestly duties. He contends that, due to past transgressions, attorneys for the church should not be discussing his client’s case.
“The attorney for the diocese is a rude and tasteless individual,” Murphy said. “With the past cover-ups of indecent conduct, he should mind his own business.”
Both James McKiernan, attorney for Cuevas, as well as Gaspri contend that the case has no merit and, because of the Fireman’s Rule, Franklin has no legal standing to seek damages.
California’s Fireman’s Rule bars lawsuits by police officers and firefighters for collecting on damages that occur in the course of their duties, even when there is negligence by another party.
Two of the precedent-setting cases that form the basis for the Fireman’s Rule involving law enforcement cases occurred in San Luis Obispo County.
In 1982, San Luis Obispo police officer and ex-county supervisor, Jerry Lenthall, filed an injury claim against an assailant who shot him. The case was dismissed under the Fireman’s Rule.
In 1999, a psychiatric patient shot Atascadero Police Officer William Tilley. Tilley’s attorney, Eric Parkinson, then filed suit against the man’s psychiatrist, claiming negligent care. Again, the case was dismissed because of the Fireman’s Rule.
“In a nutshell, firemen get burned, dog catchers get bitten, police get shot and vice cops get groped,” McKiernan says in court documents. “A person, like the defendant, specifically hired to encounter and combat particular dangers is owed no independent tort duty by the party who created the dangers.”
Murphy’s rebuttal is that in some cases of intentional criminal activity the rule has been overridden.
“Just because you are on duty, someone has a right to grab your scrotum and penis?” Murphy asked. “How much has the diocese spent paying out claims of sexual abuse by priests and they dump Cuevas?”
In the past, Franklin has filed numerous workers’ compensation claims for incidents such as slipping down an embankment and multiple exposures to blood and toxic mold, according to court documents. However, he has not filed a workers’ compensation claim or received medical assistance regarding the Pirates Cove incident.
“This is the type of lawsuit that gives the judicial system and lawyers a bad name” McKiernan said. “This is a case when the ranting, raving, threatening and blustering is over, the Fireman’s Rule will kick it out of court.”
Another bone of contention centers around why Franklin has continued to serve as an armed sheriff’s deputy when he states in his civil claim that he suffers from daily feelings of anger and rage.
“We have programs available to our staff suffering from Post Traumatic Stress Disorder after highly special incidents,” said Rob Bryn, spokesman for the San Luis Obispo County Sheriff’s Department, who said because of personnel privacy issues he was not permitted to say if Franklin informed the sheriff’s department of his alleged emotional injuries.
“If someone is allegedly suffering some type of emotional distress, tell someone and we would assist them.”
Claiming personal injuries, Sheriff’s Deputy John Franklin filed a civil claim against a Roman Catholic priest he arrested in 2007 for lewd conduct in a public place near Avila Beach. Franklin claims he suffers “mental and emotional distress including feelings of anger, rage, disgust, revulsion and embarrassment as a result of the despicable and oppressive behavior” of the former assistant pastor of St. Joseph’s Roman Catholic Church in Nipomo.
“It is not so much monetary as a position of principal he is seeking. My client is making a statement that this is not acceptable behavior,” said James R. Murphy, the deputy’s attorney.
Church officials, their attorneys and the priest’s attorney contend Franklin is attempting to strong-arm the priest and the church for monetary gain.
“I think John Franklin is just looking for money,” said Thomas Riordan, vicar for temporalities for the Roman Catholic Diocese of Monterey, which includes San Luis Obispo County. “We continue to be surprised by his actions.”
On July 18, 2007, Franklin was working undercover at the area around Pirate’s Cove, a nude beach with a reputation as a hook-up spot for homosexuals, when he spotted the priest, Geronimo Cuevas, standing in the brush rubbing his genitals through his shorts.
“I asked him (Cuevas), ‘What have you got over there,” Franklin said in the arrest report. “With his right hand he motioned for me to come towards me and he stated, ‘Touch me.’”
“I took two steps towards him asking him, ‘What did you say?’ He reached out with his right hand and touched my genitals,” Franklin said in the report.
Franklin then informed Cuevas, who claimed he was unemployed and living in Las Vegas, that he was under arrest for sexual battery and lewd acts.
Cuevas was convicted in 2008 of two misdemeanor counts of lewd conduct in a public place, ordered to take an AIDS awareness course and placed on three years probation. The church also stripped the fallen priest of his “faculties” (permission to perform church duties).
“My client (Franklin) was ordered to do patrol duty there,” Murphy said. “While he was minding his own business, he was grabbed by a priest.”
Following Cuevas’ conviction, Murphy sent a letter to the Roman Catholic Diocese of Monterey stating his client’s plans to seek monetary damages for injuries incurred during the arrest.
“A demand was made upon the diocese and refused,” said attorney for the Diocese of Monterey, Paul Gaspari of the San Francisco-based Tobin and Tobin law firm. “I think it was a claim that had no foundation in law or fact.”
Murphy said he wrote the diocese a letter at the time because he assumed Cuevas was still a priest. Later, he was informed that Cuevas was no longer performing priestly duties. He contends that, due to past transgressions, attorneys for the church should not be discussing his client’s case.
“The attorney for the diocese is a rude and tasteless individual,” Murphy said. “With the past cover-ups of indecent conduct, he should mind his own business.”
Both James McKiernan, attorney for Cuevas, as well as Gaspri contend that the case has no merit and, because of the Fireman’s Rule, Franklin has no legal standing to seek damages.
California’s Fireman’s Rule bars lawsuits by police officers and firefighters for collecting on damages that occur in the course of their duties, even when there is negligence by another party.
Two of the precedent-setting cases that form the basis for the Fireman’s Rule involving law enforcement cases occurred in San Luis Obispo County.
In 1982, San Luis Obispo police officer and ex-county supervisor, Jerry Lenthall, filed an injury claim against an assailant who shot him. The case was dismissed under the Fireman’s Rule.
In 1999, a psychiatric patient shot Atascadero Police Officer William Tilley. Tilley’s attorney, Eric Parkinson, then filed suit against the man’s psychiatrist, claiming negligent care. Again, the case was dismissed because of the Fireman’s Rule.
“In a nutshell, firemen get burned, dog catchers get bitten, police get shot and vice cops get groped,” McKiernan says in court documents. “A person, like the defendant, specifically hired to encounter and combat particular dangers is owed no independent tort duty by the party who created the dangers.”
Murphy’s rebuttal is that in some cases of intentional criminal activity the rule has been overridden.
“Just because you are on duty, someone has a right to grab your scrotum and penis?” Murphy asked. “How much has the diocese spent paying out claims of sexual abuse by priests and they dump Cuevas?”
In the past, Franklin has filed numerous workers’ compensation claims for incidents such as slipping down an embankment and multiple exposures to blood and toxic mold, according to court documents. However, he has not filed a workers’ compensation claim or received medical assistance regarding the Pirates Cove incident.
“This is the type of lawsuit that gives the judicial system and lawyers a bad name” McKiernan said. “This is a case when the ranting, raving, threatening and blustering is over, the Fireman’s Rule will kick it out of court.”
Another bone of contention centers around why Franklin has continued to serve as an armed sheriff’s deputy when he states in his civil claim that he suffers from daily feelings of anger and rage.
“We have programs available to our staff suffering from Post Traumatic Stress Disorder after highly special incidents,” said Rob Bryn, spokesman for the San Luis Obispo County Sheriff’s Department, who said because of personnel privacy issues he was not permitted to say if Franklin informed the sheriff’s department of his alleged emotional injuries.
“If someone is allegedly suffering some type of emotional distress, tell someone and we would assist them.”
Officer Eugene Hlavac Fired for Slapping Girlfriend so Hard he Dislocated Her Jaw
Pittsburgh's police chief has suspended a sergeant for five days pending his eventual firing for allegedly slapping his former girlfriend so hard he dislocated her jaw.
Chief Nate Harper made that decision following a 90-minute disciplinary hearing Tuesday for 42-year-old Eugene Hlavac (huh-LAH'-vac) Jr. The sergeant is awaiting trial on a simple assault charge in the incident Dec. 18.
Authorities say Hlavac slapped the 23-year-old woman because she was late picking up their son, making him late for work.
Hlavac's attorney has said the sergeant was attacked and merely defending himself.
Hlavac told reporters he'll fight the decision, saying "I've been a police officer since 1991 and I've never been more eager to go to court."
Chief Nate Harper made that decision following a 90-minute disciplinary hearing Tuesday for 42-year-old Eugene Hlavac (huh-LAH'-vac) Jr. The sergeant is awaiting trial on a simple assault charge in the incident Dec. 18.
Authorities say Hlavac slapped the 23-year-old woman because she was late picking up their son, making him late for work.
Hlavac's attorney has said the sergeant was attacked and merely defending himself.
Hlavac told reporters he'll fight the decision, saying "I've been a police officer since 1991 and I've never been more eager to go to court."
Officer Doyle Braden Arrested for Threatening Neighbor with Gun
A Belton Police Officer, who lives in Killeen, is under arrest for threatening his neighbor with a hand gun.
The incident happened Sunday in the 4300 Block of Neta Drive, and has been under investigation by Killeen Police since then.
This evening Killeen Police arrested a 44-year-old Doyle Ray Braden on a warrant charging him with aggravated assault. Braden is currently an officer with the Belton PD, but was placed on administrative leave Monday.
The below is a description from the Killeen Police Department of what happened leading up to Doyle's arrest:
"Officers responded to the 4300 block of Neta Drive on Sunday, December 27, 2009 at 6:10pm, after a 911 call was received stating that one neighbor threatened another neighbor with a handgun. Officers responded to Neta Drive to speak with the victim, who advised she was having a verbal altercation with the neighbor when he threatened her with a gun. The victim and her husband went back to their residence and called 911. Officers spoke with all the parties involved and a report was filed.
The suspect in this case is employed as an officer with the Belton Police Department; he was placed on administrative leave by his department on Monday, December 28, 2009, pending the results of this investigation."
This case was reviewed by the Bell County District Attorney's Office on Tuesday, December 29, 2009 and a complaint was returned charging Doyle Ray Braden with Aggravated Assault with a Firearm; a warrant was issued by Justice of the Peace Garland Potvin."
Braden was arrested by officers at the Killeen Police Department at 6:13pm without incident; he is currently in the Killeen City Jail with a $100,000 bond issued by Justice of the Peace Garland Potvin."
The incident happened Sunday in the 4300 Block of Neta Drive, and has been under investigation by Killeen Police since then.
This evening Killeen Police arrested a 44-year-old Doyle Ray Braden on a warrant charging him with aggravated assault. Braden is currently an officer with the Belton PD, but was placed on administrative leave Monday.
The below is a description from the Killeen Police Department of what happened leading up to Doyle's arrest:
"Officers responded to the 4300 block of Neta Drive on Sunday, December 27, 2009 at 6:10pm, after a 911 call was received stating that one neighbor threatened another neighbor with a handgun. Officers responded to Neta Drive to speak with the victim, who advised she was having a verbal altercation with the neighbor when he threatened her with a gun. The victim and her husband went back to their residence and called 911. Officers spoke with all the parties involved and a report was filed.
The suspect in this case is employed as an officer with the Belton Police Department; he was placed on administrative leave by his department on Monday, December 28, 2009, pending the results of this investigation."
This case was reviewed by the Bell County District Attorney's Office on Tuesday, December 29, 2009 and a complaint was returned charging Doyle Ray Braden with Aggravated Assault with a Firearm; a warrant was issued by Justice of the Peace Garland Potvin."
Braden was arrested by officers at the Killeen Police Department at 6:13pm without incident; he is currently in the Killeen City Jail with a $100,000 bond issued by Justice of the Peace Garland Potvin."
Patrolman Scott Garan Arrested Again for Drunk Driving
Aurora Patrolman Scott A. Garan was arrested Dec. 19 in Kent, where he lives, on drunken driving and criminal damaging charges.
Kent Patrolman Martin Gilliland stopped Garan, 41, driving his wife's car. Garan refused to take a breath-alcohol test, so his driver's license was automatically suspended. Kent Patrolman John Altomare brought the criminal damaging charge. Kent police would not discuss the case.
Mayor Lynn McGill placed Garan on leave from the police force he has been a part of for 17 years.
Kent Municipal Court Judge John Plough ordered Garan to wear a SCRAM alcohol monitoring device. The ankle bracelet will detect around the clock whether Garan drinks alcohol. Court records indicate that this was Garan's second drunken driving charge.
And Garan has a prior conviction in Kent for disorderly conduct. Then-Sgt. Garan pleaded guilty July 23, 2007, and was fined $130. McGill took away Garan's sergeant stripes.
McGill said any misbehavior is unacceptable for a police officer, "but I can't prejudge. We have to have the appropriate hearings" about the latest charges.
Garan is on paid leave for now. He's due back in Kent Municipal Court Jan. 20.
In October, the Portage County chapter of Mothers Against Drunk Driving named Garan Aurora's top cop for getting drunken drivers off the road, McGill said.
Three years ago, an Aurora lieutenant was demoted to patrolman after a drunken driving conviction.
---------------------------
Previous Post
Kent Patrolman Martin Gilliland stopped Garan, 41, driving his wife's car. Garan refused to take a breath-alcohol test, so his driver's license was automatically suspended. Kent Patrolman John Altomare brought the criminal damaging charge. Kent police would not discuss the case.
Mayor Lynn McGill placed Garan on leave from the police force he has been a part of for 17 years.
Kent Municipal Court Judge John Plough ordered Garan to wear a SCRAM alcohol monitoring device. The ankle bracelet will detect around the clock whether Garan drinks alcohol. Court records indicate that this was Garan's second drunken driving charge.
And Garan has a prior conviction in Kent for disorderly conduct. Then-Sgt. Garan pleaded guilty July 23, 2007, and was fined $130. McGill took away Garan's sergeant stripes.
McGill said any misbehavior is unacceptable for a police officer, "but I can't prejudge. We have to have the appropriate hearings" about the latest charges.
Garan is on paid leave for now. He's due back in Kent Municipal Court Jan. 20.
In October, the Portage County chapter of Mothers Against Drunk Driving named Garan Aurora's top cop for getting drunken drivers off the road, McGill said.
Three years ago, an Aurora lieutenant was demoted to patrolman after a drunken driving conviction.
---------------------------
Previous Post
Corrections Officer Caught Asleep on the Job
Maybe the inmates really are running the asylum.
A correction officer has been disciplined for dozing on the job after a colleague snapped a picture of her asleep while on post at a Rikers Island infirmary, officials said yesterday.
A clearly conked-out Nadja Green is leaning in a chair with her head back, arms folded, eyes closed and mouth open.
But even more alarming is an amused inmate seen hovering above her, mere inches from a set of keys that hangs from her belt.
Green was transferred on the island and placed on modified duty watching female inmates. She will face charges of sleeping on the job and other security- and performance-related charges.
"We do not expect this type of behavior or performance from our officers, nor do we tolerate it," said city correction spokesman Steve Morello.
The officer who took the picture, Claudel Barrau, was also transferred and placed on modified duty.
Morello said possession and use of cellphones in jails, even by guards, is prohibited.
"They are only allowed to carry a cell into a property locker and not into jail proper," Morello said. "And not where inmates circulate. It's a basic and obvious regulation and this represents a breach."
Officials said the embarrassing photo was taken earlier this month in the prison's North Infirmary Command, formerly Rikers Island Hospital, which houses nearly 400 sick prisoners.
The facility includes a wing for AIDS patients, one for sex offenders and one for exceptionally violent inmates.
The disciplined officers will not be supervising inmates, according to officials.
Morello said the picture was brought to the attention of the department's senior management.
He said officials do not believe the sleeping officer was ever in any danger. There will be no charges against the inmate in the picture.
Green, who turned 30 yesterday, has been on the job 4½ years. She lives in Queens and could not be reached for comment.
Barrau, 47, has been on the job 18 years. When approached by a Post photographer at his Long Island home, he asked, "Why are you taking my picture?"
A prison source described Green as "the Precious of Corrections," a reference to the movie about a teen from a dysfunctional family.
A source said Green had a difficult upbringing and is the mother of several children. The source said she worked 96 hours of overtime this month.
A union official said prison authorities should avoid a rush to judgment.
"Many correction officers are forced to work 70 to 80 hours of mandatory overtime," said Correction Officer Benevolent Association spokesman Michael Skelly.
"Since we don't know the particular circumstances of that particular officer, we are not going to condemn her. She may have been sick.
"We believe it was highly suspect for the other officer to take a picture and potentially jeopardize her safety."
A correction officer has been disciplined for dozing on the job after a colleague snapped a picture of her asleep while on post at a Rikers Island infirmary, officials said yesterday.
A clearly conked-out Nadja Green is leaning in a chair with her head back, arms folded, eyes closed and mouth open.
But even more alarming is an amused inmate seen hovering above her, mere inches from a set of keys that hangs from her belt.
Green was transferred on the island and placed on modified duty watching female inmates. She will face charges of sleeping on the job and other security- and performance-related charges.
"We do not expect this type of behavior or performance from our officers, nor do we tolerate it," said city correction spokesman Steve Morello.
The officer who took the picture, Claudel Barrau, was also transferred and placed on modified duty.
Morello said possession and use of cellphones in jails, even by guards, is prohibited.
"They are only allowed to carry a cell into a property locker and not into jail proper," Morello said. "And not where inmates circulate. It's a basic and obvious regulation and this represents a breach."
Officials said the embarrassing photo was taken earlier this month in the prison's North Infirmary Command, formerly Rikers Island Hospital, which houses nearly 400 sick prisoners.
The facility includes a wing for AIDS patients, one for sex offenders and one for exceptionally violent inmates.
The disciplined officers will not be supervising inmates, according to officials.
Morello said the picture was brought to the attention of the department's senior management.
He said officials do not believe the sleeping officer was ever in any danger. There will be no charges against the inmate in the picture.
Green, who turned 30 yesterday, has been on the job 4½ years. She lives in Queens and could not be reached for comment.
Barrau, 47, has been on the job 18 years. When approached by a Post photographer at his Long Island home, he asked, "Why are you taking my picture?"
A prison source described Green as "the Precious of Corrections," a reference to the movie about a teen from a dysfunctional family.
A source said Green had a difficult upbringing and is the mother of several children. The source said she worked 96 hours of overtime this month.
A union official said prison authorities should avoid a rush to judgment.
"Many correction officers are forced to work 70 to 80 hours of mandatory overtime," said Correction Officer Benevolent Association spokesman Michael Skelly.
"Since we don't know the particular circumstances of that particular officer, we are not going to condemn her. She may have been sick.
"We believe it was highly suspect for the other officer to take a picture and potentially jeopardize her safety."
Cameras to Record Contacts with Civilians
San Jose police, under fire for interactions with the public that have turned violent, this weekend launched a pilot project equipping officers with head-mounted cameras to record contacts with civilians.
Officers will activate the cameras, about the size of a Bluetooth device and attached by a headband above the ear, every time they respond or make contact with a person. At the end of the officer's shift, the recording will be downloaded to a central server.
Chief Rob Davis said the devices, to be tested by 18 patrol officers, are a technological advance comparable to the advent of police cars, two-way radios and the 911 emergency system.
San Jose is the first major U.S. city to try out the devices, known as AXON.
Although officers are already bearing vests, weapons and radios, most of them welcome adding a camera to record their actions, Davis said. In addition, he said, "We're making it so it has cachet."
A leading critic of the department welcomed the cameras as a tool to provide useful evidence, but dismissed their significance as a solution to rocky police-community relations.
"The AXON project is unfortunately a positive thing right now because the level of distrust is so high," said Raj Jayadev, director of the community organization Silicon Valley De-Bug. "But it doesn't address the more fundamental problem: What stereotypes police may carry when they see people of color on the street and make assumptions about character."
The cost of the trial is being shouldered by maker Taser International Inc. of Scottsdale, Ariz.
The kit includes a camera, a control piece and a computer that can hang from the belt. In the pilot project, officers have been directed to switch on the camera as they are about to contact a civilian.
The cameras, equipped with an audio recorder, align with the officer's viewpoint, and can be switched to standby mode.
Afterward, the officer can switch the camera to a "buffer" mode, where it still records limited segments of video, and a non-record mode. The officer may review the tape, but it may not be erased. At the end of the shift, the device's memory is downloaded onto a central server.
Davis said commanders will randomly review the tapes, to evaluate the system and to gather information that could help assess police policies and procedures.
Officers, he said, welcomed the devices.
"I used it this morning in making an arrest," said William Doane, one of the AXON test officers. "It verified what I saw." In the two days of testing, he generally remembered to turn on the AXON before incidents, but sometimes forgot to turn it off afterward, he said. Overall, he said, "It's a good system."
The devices could provide evidence of crimes, timely information about suspects, help with police training and be a resource in investigations of complaints against police and deterrence of public misbehavior, Davis said. Critics, however, are interested in how the cameras might prevent police from overstepping bounds.
Over several months, groups representing Latinos, Asians and African-Americans have criticized San Jose police for too easily resorting to force. Per capita, San Jose police make more arrests for resisting arrest than does any other major California city, according to a San Jose Mercury News investigation.
Criticism spiked after police fatally shot a mentally ill man, Daniel Pham, in May and after a cell phone video showed officers apparently beating Phuong Ho, a San Jose State University student from Vietnam.
A detailed review by the Mercury News showed that San Jose police have repeatedly used force in incidents that began as seemingly benign situations. In response, Davis has formed a panel to review the department's use of force.
In 2008, police received 117 use-of-force complaints, but said none of the complaints was justified.
Davis said that the department will balance privacy concerns in making the camera footage public.
$2,888
Cost per officer in first year if San Jose fully adopted the police camera system. Chief Rob Davis said he expected the price would decrease.
Officers will activate the cameras, about the size of a Bluetooth device and attached by a headband above the ear, every time they respond or make contact with a person. At the end of the officer's shift, the recording will be downloaded to a central server.
Chief Rob Davis said the devices, to be tested by 18 patrol officers, are a technological advance comparable to the advent of police cars, two-way radios and the 911 emergency system.
San Jose is the first major U.S. city to try out the devices, known as AXON.
Although officers are already bearing vests, weapons and radios, most of them welcome adding a camera to record their actions, Davis said. In addition, he said, "We're making it so it has cachet."
A leading critic of the department welcomed the cameras as a tool to provide useful evidence, but dismissed their significance as a solution to rocky police-community relations.
"The AXON project is unfortunately a positive thing right now because the level of distrust is so high," said Raj Jayadev, director of the community organization Silicon Valley De-Bug. "But it doesn't address the more fundamental problem: What stereotypes police may carry when they see people of color on the street and make assumptions about character."
The cost of the trial is being shouldered by maker Taser International Inc. of Scottsdale, Ariz.
The kit includes a camera, a control piece and a computer that can hang from the belt. In the pilot project, officers have been directed to switch on the camera as they are about to contact a civilian.
The cameras, equipped with an audio recorder, align with the officer's viewpoint, and can be switched to standby mode.
Afterward, the officer can switch the camera to a "buffer" mode, where it still records limited segments of video, and a non-record mode. The officer may review the tape, but it may not be erased. At the end of the shift, the device's memory is downloaded onto a central server.
Davis said commanders will randomly review the tapes, to evaluate the system and to gather information that could help assess police policies and procedures.
Officers, he said, welcomed the devices.
"I used it this morning in making an arrest," said William Doane, one of the AXON test officers. "It verified what I saw." In the two days of testing, he generally remembered to turn on the AXON before incidents, but sometimes forgot to turn it off afterward, he said. Overall, he said, "It's a good system."
The devices could provide evidence of crimes, timely information about suspects, help with police training and be a resource in investigations of complaints against police and deterrence of public misbehavior, Davis said. Critics, however, are interested in how the cameras might prevent police from overstepping bounds.
Over several months, groups representing Latinos, Asians and African-Americans have criticized San Jose police for too easily resorting to force. Per capita, San Jose police make more arrests for resisting arrest than does any other major California city, according to a San Jose Mercury News investigation.
Criticism spiked after police fatally shot a mentally ill man, Daniel Pham, in May and after a cell phone video showed officers apparently beating Phuong Ho, a San Jose State University student from Vietnam.
A detailed review by the Mercury News showed that San Jose police have repeatedly used force in incidents that began as seemingly benign situations. In response, Davis has formed a panel to review the department's use of force.
In 2008, police received 117 use-of-force complaints, but said none of the complaints was justified.
Davis said that the department will balance privacy concerns in making the camera footage public.
$2,888
Cost per officer in first year if San Jose fully adopted the police camera system. Chief Rob Davis said he expected the price would decrease.
Sgt Steve Pelligra Arrested for Drunk Driving
A New Jersey State Police sergeant faces drunken-driving and other charges following a Dec. 17 two-vehicle crash on Route 517 north of Hackettstown, state police Capt. Gerald Lewis said Thursday.
Sgt. Steve Pelligra, 45, of Sussex County, was suspended without pay pending the outcome of the investigation, Lewis said. Pelligra is assigned to state police at Hope Township.
He was off duty and driving a Nissan Frontier pickup north on Route 517 when his vehicle crashed into the driver's side of a southbound 1999 Pontiac Grand Prix driven by Scott Lehnes, 40, of Vernon, N.J., said Lewis, who is based at state police headquarters in West Trenton, N.J.
The 10 p.m. crash occurred near Johnson Road just north of the Route 517 interchange on Interstate 80.
Pelligra fled after the crash, Lewis said.
The police sergeant was also charged with refusing to submit to an alcohol breath test, leaving the scene of a crash and failing to report a crash with injuries.
A person who is convicted for the first time of refusing to submit to a breath test faces a driver's license suspension between seven months and one year, according to the state Motor Vehicle Commission.
Details, including where Pelligra fled, who suffered injuries and the extent of those injuries were not immediately available from Lewis.
Pelligra could not be reached for comment. It was unknown if he had retained an attorney.
Another sergeant at the Hope Township barracks referred inquiries to the state police public information office at headquarters.
Sgt. Steve Pelligra, 45, of Sussex County, was suspended without pay pending the outcome of the investigation, Lewis said. Pelligra is assigned to state police at Hope Township.
He was off duty and driving a Nissan Frontier pickup north on Route 517 when his vehicle crashed into the driver's side of a southbound 1999 Pontiac Grand Prix driven by Scott Lehnes, 40, of Vernon, N.J., said Lewis, who is based at state police headquarters in West Trenton, N.J.
The 10 p.m. crash occurred near Johnson Road just north of the Route 517 interchange on Interstate 80.
Pelligra fled after the crash, Lewis said.
The police sergeant was also charged with refusing to submit to an alcohol breath test, leaving the scene of a crash and failing to report a crash with injuries.
A person who is convicted for the first time of refusing to submit to a breath test faces a driver's license suspension between seven months and one year, according to the state Motor Vehicle Commission.
Details, including where Pelligra fled, who suffered injuries and the extent of those injuries were not immediately available from Lewis.
Pelligra could not be reached for comment. It was unknown if he had retained an attorney.
Another sergeant at the Hope Township barracks referred inquiries to the state police public information office at headquarters.
Officer Eugene Hlavac Jr Charged with Assaulting Ex-Girlfriend
A Pittsburgh police officer who was arrested after assaulting his ex-girlfriend earlier this month will have an internal hearing regarding the incident today.
Eugene F. Hlavac Jr., 42, of Greenfield, was originally charged with aggravated assault, but that count was reduced to simple assault during a preliminary hearing.
According to Lauren Maughan, 23, Sgt. Hlavac slapped her face during an argument. She said she sustained a dislocated jaw in the incident.
Sgt. Hlavac claims he was defending himself.
Phillip DiLucente, who is representing Sgt. Hlavac in his criminal case, said all he hopes for is a thorough investigation.
"I truly believe if there is a complete and thorough investigation the disposition will be that Sgt. Hlavac should be able to maintain his job," Mr. DiLucente said.
While a judge last week approved a protection from abuse order in the matter requiring Sgt. Hlavac to stay away from Ms. Maughan and to give up all of his weapons, a final hearing on the matter is scheduled for Monday morning before Allegheny County Common Pleas Judge Kathryn Hens-Greco.
In the meantime, Sgt. Hlavac late last week filed for shared custody of the 3-year-old boy he has with Ms. Maughan.
Judge David Wecht, who is assigned to the custody matter, has ordered that both Ms. Maughan and Sgt. Hlavac attend an education and mediation session on Jan. 16 at the Wightman School Community Building. Further, the judge scheduled mandatory mediation on the matter for Feb. 5.
Sgt. Hlavac said in the court filing asking for shared custody that the best interest of the child would be served because he "has and will continue to provide the minor child with love, affection, care, treatment and all of the other necessary and proper parental duties and obligations which the said minor child needs and deserves."
Sgt. Hlavac, a night shift supervisor at the Zone 2 police station in the Hill District, has temporarily been assigned to the warrant office.
Eugene F. Hlavac Jr., 42, of Greenfield, was originally charged with aggravated assault, but that count was reduced to simple assault during a preliminary hearing.
According to Lauren Maughan, 23, Sgt. Hlavac slapped her face during an argument. She said she sustained a dislocated jaw in the incident.
Sgt. Hlavac claims he was defending himself.
Phillip DiLucente, who is representing Sgt. Hlavac in his criminal case, said all he hopes for is a thorough investigation.
"I truly believe if there is a complete and thorough investigation the disposition will be that Sgt. Hlavac should be able to maintain his job," Mr. DiLucente said.
While a judge last week approved a protection from abuse order in the matter requiring Sgt. Hlavac to stay away from Ms. Maughan and to give up all of his weapons, a final hearing on the matter is scheduled for Monday morning before Allegheny County Common Pleas Judge Kathryn Hens-Greco.
In the meantime, Sgt. Hlavac late last week filed for shared custody of the 3-year-old boy he has with Ms. Maughan.
Judge David Wecht, who is assigned to the custody matter, has ordered that both Ms. Maughan and Sgt. Hlavac attend an education and mediation session on Jan. 16 at the Wightman School Community Building. Further, the judge scheduled mandatory mediation on the matter for Feb. 5.
Sgt. Hlavac said in the court filing asking for shared custody that the best interest of the child would be served because he "has and will continue to provide the minor child with love, affection, care, treatment and all of the other necessary and proper parental duties and obligations which the said minor child needs and deserves."
Sgt. Hlavac, a night shift supervisor at the Zone 2 police station in the Hill District, has temporarily been assigned to the warrant office.
Officer Willie James Sharp Arrested for DUI
Gallatin police officer Willie James Sharp, 43, of 1200 Woodvale Drive, was arrested in Hendersonville and charged with driving under the influence on Saturday, Dec. 26.
According to a Hendersonville police, Sharp was spotted driving “all over the road” just before midnight driving eastbound on Vietnam Veterans Boulevard near New Shackle Island Road.
“The vehicle sped up and slowed down while having the right turning signal on moving in the left lane,” according to the affidavit filed in Sumner County General Sessions Court.
According to Hendersonville police affidavit, Sharp admitted he’d had “one Jack and Coke drink around 7 p.m.”
Police found Sharp’s police –issued .45-caliber Glock pistol in his vehicle. Sharp was charged with possessing a handgun while under the influence, a Class A misdemeanor.
He had two flasks full of Jack Daniels whiskey and another 20-ounce water bottle with a whiskey and Coke mixture, police said. Sharp is also charged with violation of the open container law, and an implied consent violation after refusing a blood alcohol test, the police affidavit said.
Gallatin Police Chief John Tisdale said Sharp was off duty and driving his personal vehicle when the arrest was made.
Sharp was released on $1,500 bond. He is scheduled to appear in Sumner County General Sessions Court on Jan. 12 at 9 a.m.
Sharp has been suspended from duty without pay pending the outcome of an internal investigation, Tisdale said.
“We’ll deal with it just like we would with anybody else,” Tisdale said on Monday. “Police officers are not above the law.”
He has been a police officer with the Gallatin Police Department for approximately four years, according to Tisdale.
According to a Hendersonville police, Sharp was spotted driving “all over the road” just before midnight driving eastbound on Vietnam Veterans Boulevard near New Shackle Island Road.
“The vehicle sped up and slowed down while having the right turning signal on moving in the left lane,” according to the affidavit filed in Sumner County General Sessions Court.
According to Hendersonville police affidavit, Sharp admitted he’d had “one Jack and Coke drink around 7 p.m.”
Police found Sharp’s police –issued .45-caliber Glock pistol in his vehicle. Sharp was charged with possessing a handgun while under the influence, a Class A misdemeanor.
He had two flasks full of Jack Daniels whiskey and another 20-ounce water bottle with a whiskey and Coke mixture, police said. Sharp is also charged with violation of the open container law, and an implied consent violation after refusing a blood alcohol test, the police affidavit said.
Gallatin Police Chief John Tisdale said Sharp was off duty and driving his personal vehicle when the arrest was made.
Sharp was released on $1,500 bond. He is scheduled to appear in Sumner County General Sessions Court on Jan. 12 at 9 a.m.
Sharp has been suspended from duty without pay pending the outcome of an internal investigation, Tisdale said.
“We’ll deal with it just like we would with anybody else,” Tisdale said on Monday. “Police officers are not above the law.”
He has been a police officer with the Gallatin Police Department for approximately four years, according to Tisdale.
Officer Miguel Gallegos Arrested for Drunk Driving
A member of the law enforcement community finds himself behind bars over the weekend for drunk driving.
Fifty five year old Miguel Angel Gallegos was arrested shortly after midnight on December 27th.
According to DPS reports, Gallegos was pulled over off Highway 83, outside Rio Bravo, for failing to use a turn signal.
He was arrested after failing a field sobriety test.
Sheriff Martin Cuellar says this sort of conduct is unbecoming for a member of the law enforcement community and will not be tolerated:
“That’s embarrassing, for someone like that to get arrested, one of our own. But again, we have to follow the procedures and protocol of the Civil Service Commission and we have to abide by what they say.”
Gallegos was charged with driving while intoxicated and has been placed on administrative duty.
Disciplinary action may be taken against Gallegos if convicted on the charge.
He has served as a corrections officer since 1988.
Fifty five year old Miguel Angel Gallegos was arrested shortly after midnight on December 27th.
According to DPS reports, Gallegos was pulled over off Highway 83, outside Rio Bravo, for failing to use a turn signal.
He was arrested after failing a field sobriety test.
Sheriff Martin Cuellar says this sort of conduct is unbecoming for a member of the law enforcement community and will not be tolerated:
“That’s embarrassing, for someone like that to get arrested, one of our own. But again, we have to follow the procedures and protocol of the Civil Service Commission and we have to abide by what they say.”
Gallegos was charged with driving while intoxicated and has been placed on administrative duty.
Disciplinary action may be taken against Gallegos if convicted on the charge.
He has served as a corrections officer since 1988.
Officers Dana & James DeVries Involved in Domestic Violence
Public Safety Officer Dana Bryce DeVries and her husband and fellow officer, James "Todd" DeVries, are no longer working for the department. The revelation comes nearly two months after allegations that Dana DeVries kicked her husband during a domestic assault.
"They no longer work for the city," Capt. Rick Yonker said of the couple today.
He would not say if the officers resigned or were terminated, and would not disclose any internal findings.
Dana DeVries was charged with misdemeanor domestic violence after allegedly kicking her husband in a Nov. 3 incident. Her employment ended Dec. 16. Her husband's employment ended Nov. 25.
The couple had been married about two years, each bringing a child from previous relationships, records showed. No serious injuries were reported after the alleged fight, but police said the husband had a red mark on his body.
"They no longer work for the city," Capt. Rick Yonker said of the couple today.
He would not say if the officers resigned or were terminated, and would not disclose any internal findings.
Dana DeVries was charged with misdemeanor domestic violence after allegedly kicking her husband in a Nov. 3 incident. Her employment ended Dec. 16. Her husband's employment ended Nov. 25.
The couple had been married about two years, each bringing a child from previous relationships, records showed. No serious injuries were reported after the alleged fight, but police said the husband had a red mark on his body.
Subscribe to:
Posts (Atom)