Authorities said a veteran Kerrville police officer resigned in the wake of his Dec. 27 arrest by a fellow officer on a charge of driving while intoxicated.
Detective Tomas Rodriguez, who was employed with the agency for 24 years, resigned last Tuesday. Kerrville Police Department spokesman Paul Gonzales said Monday.
Rodriguez, who couldn't be reached for comment, was pulled over on Water Street at about 2:30 a.m. on Dec. 27 after another motorist reported he was driving erratically, Gonzales said.
Upon his arrest, Rodriguez was placed on unpaid administrative leave, Gonzales said.
Monday, January 04, 2010
Officer Debra Davis Arrested for Drug Possession
A Jackson police officer faces drug charges in Miami, Fla., Jackson Police Department officials confirmed Monday.
Precinct 4 Officer Debra Davis was arrested and charged with drug possession over the Christmas holidays, police officials said. She has since returned to Jackson, Assistant Chief Lee Vance said.
“Officer Davis has been removed from the precinct and internally reassigned,” Vance said. “That means that she no longer has police duties but is doing other duties within JPD as her case is being investigated."
Vance said Miami police are investigating and handling the case against Davis.
Precinct 4 Officer Debra Davis was arrested and charged with drug possession over the Christmas holidays, police officials said. She has since returned to Jackson, Assistant Chief Lee Vance said.
“Officer Davis has been removed from the precinct and internally reassigned,” Vance said. “That means that she no longer has police duties but is doing other duties within JPD as her case is being investigated."
Vance said Miami police are investigating and handling the case against Davis.
Former Officer Julio "Trey" Reyes Had Previous History of Emotional Problems
Julio “Trey” Reyes, the Katy ISD police officer who took former girlfriend and fellow police officer Rachel Hillsman hostage last August before taking his own life during an armed stand-off, had a previous history of emotional problems, according to records recently released by Katy ISD.
Records obtained by InstantNewsKaty through the Texas Public Information Act showed Reyes was placed on administrative in 2007 after threatening to kill himself.
In that incident, Reyes reportedly threatened to take his own life because of relationship problems with his ex-wife and Hillsman.
According to an April 30, 2007 report filed by KISD Police Cpl. Ryan Martinelli, Reyes was taken to a Sugar Land hospital after going on a “drinking binge” and telling others he was going to commit suicide.
According to information given to Martinelli by Reyes’ brother Randy at Sugar Land Memorial Hermann Hospital, Reyes learned that his ex-wife “had met someone else and was taking their son around him.” That, coupled with relationship problems between Reyes and Hillsman, apparently triggered the heavy drinking and suicide threats.
“Randy said he was called…to go to (ex-wife) Sandra’s residence because Julio was over there and threatening suicide. Randy said when he arrived that Julio was drunk and acting very erratic,” Martinelli’s report said. “Randy said that he has never seen Julio act like this and that he was not thinking rational at all.”
Randy Reyes and friend Mike Rozaro told Martinelli they called both the Fort Bend Sheriff’s Office and EMS because they feared Julio Reyes “would harm himself.”
“Randy said that when Fort Bend SO arrived, they tried talking Julio into going to the hospital on his own, at which point Julio advised them he was not going. Randy said that Julio would bow up and act like he was going to fight, but that he would then settle down,” Martinelli reported. “Randy said that Julio finally agreed to go to the hospital. Randy said that Mike took Julio’s duty weapon and he took the rest of Julio’s weapons, that way he would not have access to them.”
Martinelli also learned Reyes had written suicide notes to his ex-wife and son Jacob, telling them he loved them and “was sorry for what had happened.”
Martinelli also reported that he briefly interviewed Julio Reyes in the hospital’s emergency room. During that interview, Reyes told Martinelli that “there had been a little misunderstanding” and that he had been drinking heavily, but did not intend to take his own life.
“Julio advised us that that he had sent text messages about suicide the night before to his friend, Mike Rozaro, and his brother, Randy Reyes. Julio stated that he did it because he had been drinking heavily and having family problems,” Martinelli reported. “Julio advised that at no point did he intend to commit suicide.”
As he was returning to the KISD police headquarters, Martinelli said he received a phone call from Hillsman asking what was taking place. During the conversation, Hillsman expressed concern that Reyes might harm her.
“I advised her that I could not discuss (the incident) with her and she began to tell me that Julio had been cheating on her with another woman and (ex-wife) Sandra. Rachel said when she found out, that she split up with him,” Martinelli noted. “Rachel advised that she spoke with Sandra and found out that Julio had been seeing both of them. Rachel advised that she did not feel safe around Julio and that she was worried about what he might do to her. Rachel advised that she was leaving her house to go stay with her parents.”
Following the incident, Katy ISD Police Chief Mark Hopkins placed Reyes on paid leave.
“Pending the superintendent’s approval, you are being placed on administrative leave, with pay, effective on April 30, 2007 and until further notice. While on administrative leave, you shall make yourself available to the Chief of Police or his designee during the regular work day through normal means of communication,” Hopkins wrote in a letter to Reyes dated April 20, 2007. “Effective immediately, you shall not enter or remain on any Katy ISD property without expressed consent from the Chief of Police or his designee.”
The letter was copied to then-Katy ISD Superintendent Leonard Merrell.
In a follow-up letter, Hopkins removed Reyes from paid leave and informed the officer he would be allowed back to duty only after providing proof he had undergone psychological counseling.
“Effective at the end of the regular working day on May 15, 2007, you will be removed from administrative leave with pay. You may use appropriate personal leave until such time that you provide proof of your participation in psychological counseling to me or Captain Robert Jinks,” Hopkins wrote. “Furthermore, you shall sign a release for your treating doctor to report your attendance, cooperation and completion of treatment to me, Chief Mark L. Hopkins, or Captain Robert Jinks. Upon receipt of proof that you are participating in psychological counseling and a copy of the sign treatment release, you may return to regular police officer duty.”
The documents outlining Reyes’ 2007 suicide attempt were obtained through a public information request filed with the school district last August. The district initially sought to withhold the documents, claiming the information should not be disclosed to the public.
Through its law firm, Thompson & Horton of Houston, the school district asked for an attorney general’s ruling on the request. In a letter to the AG, attorney Christopher Gilbert asked whether the district could withhold the records.
“The district believes that the documents responsive to this request, or information contained within those documents, would be privileged from disclosure under sections 552.101 to 552.147 of the (Texas Public Information Act), including, but not limited to, the following exceptions: 552.101 Confidential Information and 552.102 Personnel Information,” Gilbert said in the letter. “On behalf of the district, we request a determination by your office that the exceptions stated above apply to the information requested by (InstantNewsKaty).”
The Attorney General’s Office subsequently ruled the school district would have to release documents related the 2007 incident.
Less than two years after this reported suicide attempt, Reyes took Hillsman hostage on Aug. 19, 2009 as she was leaving her mother’s Waller County home to report for duty. The abduction followed yet another break-up between the two.
The following day, law enforcement officers found Reyes holding Hillsman hostage in a vacant home on the north side of Brookshire. He ultimately took his life with a gunshot to the head after releasing Hillsman, ending a six-hour siege armed siege.
Records obtained by InstantNewsKaty through the Texas Public Information Act showed Reyes was placed on administrative in 2007 after threatening to kill himself.
In that incident, Reyes reportedly threatened to take his own life because of relationship problems with his ex-wife and Hillsman.
According to an April 30, 2007 report filed by KISD Police Cpl. Ryan Martinelli, Reyes was taken to a Sugar Land hospital after going on a “drinking binge” and telling others he was going to commit suicide.
According to information given to Martinelli by Reyes’ brother Randy at Sugar Land Memorial Hermann Hospital, Reyes learned that his ex-wife “had met someone else and was taking their son around him.” That, coupled with relationship problems between Reyes and Hillsman, apparently triggered the heavy drinking and suicide threats.
“Randy said he was called…to go to (ex-wife) Sandra’s residence because Julio was over there and threatening suicide. Randy said when he arrived that Julio was drunk and acting very erratic,” Martinelli’s report said. “Randy said that he has never seen Julio act like this and that he was not thinking rational at all.”
Randy Reyes and friend Mike Rozaro told Martinelli they called both the Fort Bend Sheriff’s Office and EMS because they feared Julio Reyes “would harm himself.”
“Randy said that when Fort Bend SO arrived, they tried talking Julio into going to the hospital on his own, at which point Julio advised them he was not going. Randy said that Julio would bow up and act like he was going to fight, but that he would then settle down,” Martinelli reported. “Randy said that Julio finally agreed to go to the hospital. Randy said that Mike took Julio’s duty weapon and he took the rest of Julio’s weapons, that way he would not have access to them.”
Martinelli also learned Reyes had written suicide notes to his ex-wife and son Jacob, telling them he loved them and “was sorry for what had happened.”
Martinelli also reported that he briefly interviewed Julio Reyes in the hospital’s emergency room. During that interview, Reyes told Martinelli that “there had been a little misunderstanding” and that he had been drinking heavily, but did not intend to take his own life.
“Julio advised us that that he had sent text messages about suicide the night before to his friend, Mike Rozaro, and his brother, Randy Reyes. Julio stated that he did it because he had been drinking heavily and having family problems,” Martinelli reported. “Julio advised that at no point did he intend to commit suicide.”
As he was returning to the KISD police headquarters, Martinelli said he received a phone call from Hillsman asking what was taking place. During the conversation, Hillsman expressed concern that Reyes might harm her.
“I advised her that I could not discuss (the incident) with her and she began to tell me that Julio had been cheating on her with another woman and (ex-wife) Sandra. Rachel said when she found out, that she split up with him,” Martinelli noted. “Rachel advised that she spoke with Sandra and found out that Julio had been seeing both of them. Rachel advised that she did not feel safe around Julio and that she was worried about what he might do to her. Rachel advised that she was leaving her house to go stay with her parents.”
Following the incident, Katy ISD Police Chief Mark Hopkins placed Reyes on paid leave.
“Pending the superintendent’s approval, you are being placed on administrative leave, with pay, effective on April 30, 2007 and until further notice. While on administrative leave, you shall make yourself available to the Chief of Police or his designee during the regular work day through normal means of communication,” Hopkins wrote in a letter to Reyes dated April 20, 2007. “Effective immediately, you shall not enter or remain on any Katy ISD property without expressed consent from the Chief of Police or his designee.”
The letter was copied to then-Katy ISD Superintendent Leonard Merrell.
In a follow-up letter, Hopkins removed Reyes from paid leave and informed the officer he would be allowed back to duty only after providing proof he had undergone psychological counseling.
“Effective at the end of the regular working day on May 15, 2007, you will be removed from administrative leave with pay. You may use appropriate personal leave until such time that you provide proof of your participation in psychological counseling to me or Captain Robert Jinks,” Hopkins wrote. “Furthermore, you shall sign a release for your treating doctor to report your attendance, cooperation and completion of treatment to me, Chief Mark L. Hopkins, or Captain Robert Jinks. Upon receipt of proof that you are participating in psychological counseling and a copy of the sign treatment release, you may return to regular police officer duty.”
The documents outlining Reyes’ 2007 suicide attempt were obtained through a public information request filed with the school district last August. The district initially sought to withhold the documents, claiming the information should not be disclosed to the public.
Through its law firm, Thompson & Horton of Houston, the school district asked for an attorney general’s ruling on the request. In a letter to the AG, attorney Christopher Gilbert asked whether the district could withhold the records.
“The district believes that the documents responsive to this request, or information contained within those documents, would be privileged from disclosure under sections 552.101 to 552.147 of the (Texas Public Information Act), including, but not limited to, the following exceptions: 552.101 Confidential Information and 552.102 Personnel Information,” Gilbert said in the letter. “On behalf of the district, we request a determination by your office that the exceptions stated above apply to the information requested by (InstantNewsKaty).”
The Attorney General’s Office subsequently ruled the school district would have to release documents related the 2007 incident.
Less than two years after this reported suicide attempt, Reyes took Hillsman hostage on Aug. 19, 2009 as she was leaving her mother’s Waller County home to report for duty. The abduction followed yet another break-up between the two.
The following day, law enforcement officers found Reyes holding Hillsman hostage in a vacant home on the north side of Brookshire. He ultimately took his life with a gunshot to the head after releasing Hillsman, ending a six-hour siege armed siege.
Corrections Officer Steven Crews Arrested for Having Child Perform Sex Acts on Him
Police said Steven Crews assaulted a girl under the age of 12 and was in possession of photos of sexual performance by a child. He was arrested Sunday in his home in Bradford County.
Baker County Sheriff Joey Dobson said Crews was employed at the new detention facility since it opened in May. Dobson said Crews was immediately fired as soon as the charges were made known.
"It's very heartbreaking," Bradford County Sheriff Gordon Smith said. "It's always sad to come before you and let you know that someone in the same profession as us committed such a heinous crime on children. We take that very serious."
According to a police report, Crews' wife found video of a child performing sex acts on him. Investigators fear this is not an isolated incident.
"In conducting the interview with the suspect, he made several admissions of locations and how long this had been ongoing," Smith said. "And apparently it had been ongoing for some time."
Crews is being held on $200,000 bond.-----(It should be $10 Million! This fucker should never get out of jail!)
Police said the investigation is ongoing, and they believe the case spans across several jurisdictions. Investigators ask anyone with information regarding the case to call the Baker County Sheriff's Office or the Bradford County Sheriff's Office.
Sgt Darcy Taylor Charged with Assault with Weapon
A veteran city police officer is facing an assault charge in an incident last summer.
Sergeant Darcy Taylor was today charged with a count of assault with a weapon for allegedly striking a man in the chest with a baton and knocking him down.
The incident last August 23 came during a police response to a 2:15 a.m. fight in central Vancouver that prompted the officer, who has 20 years experience and was first on the scene, to call for emergency cover.
The alleged victim was not injured.
Inspector Mario Giardini of the force's professional standards office told a news conference that regional crown counsel laid the charge today based on information gathered by a Vancouver police investigation into the matter.
Asked what made the confrontation egregious enough to warrant charges, Insp. Giardini urged reporters to read the criminal code.
“It really doesn't take much to commit an assault,” he said.
The inspector described the matter of an officer being charged with assault as rare.
He declined further comment on the case because the matter is before the courts.
The inspector said the sergeant continues to work in “non-operational” duties.
Sergeant Darcy Taylor was today charged with a count of assault with a weapon for allegedly striking a man in the chest with a baton and knocking him down.
The incident last August 23 came during a police response to a 2:15 a.m. fight in central Vancouver that prompted the officer, who has 20 years experience and was first on the scene, to call for emergency cover.
The alleged victim was not injured.
Inspector Mario Giardini of the force's professional standards office told a news conference that regional crown counsel laid the charge today based on information gathered by a Vancouver police investigation into the matter.
Asked what made the confrontation egregious enough to warrant charges, Insp. Giardini urged reporters to read the criminal code.
“It really doesn't take much to commit an assault,” he said.
The inspector described the matter of an officer being charged with assault as rare.
He declined further comment on the case because the matter is before the courts.
The inspector said the sergeant continues to work in “non-operational” duties.
Detention Officer David Ashton Arrested for Assault With Deadly Weapon
Prescott police officers arrested a detention officer with the Yavapai County Sheriff's Office for assault with a deadly weapon after he reportedly was involved in several confrontations at city bars early Sunday morning.
Prescott police officers learned that David Ashton, 43, had a confrontation with patrons inside Matt’s Saloon where he brandished a knife and was escorted out of the bar.
Dwight D'Evelyn, spokesman for the Sheriff's Office, said police officers were also contacted by an 18-year-old male who had been assaulted by Ashton after the incident at Matt’s Saloon.
The victim and several witnesses had seen Ashton leave the Bird Cage Saloon and shove his way through the crowd outside. According to D'Evelyn, when the victim approached Ashton about his behavior and confrontation with a man standing nearby, Ashton turned and pointed a handgun at the victim’s forehead. He also struck the side of the victim’s head with the firearm.
D'Evelyn said that after the assault, Ashton began waiving the gun in the crowd and pointed it at two Montezuma's Bar employees. Ashton left the area while police were being notified.
Officers arrested Ashton in the city parking garage at approximately 1:35 a.m. Sunday. Police officers also recovered a handgun.
Ashton was booked at the Camp Verde Detention Center. He is charged with three counts of aggravated assault with a deadly weapon, one count of recklessly handling a weapon and one count of carrying a deadly weapon in a public establishment. He remains in custody on a $150,000 bond.
YCSO has placed Ashton on unpaid administrative leave pending an internal investigation.
Prescott police officers learned that David Ashton, 43, had a confrontation with patrons inside Matt’s Saloon where he brandished a knife and was escorted out of the bar.
Dwight D'Evelyn, spokesman for the Sheriff's Office, said police officers were also contacted by an 18-year-old male who had been assaulted by Ashton after the incident at Matt’s Saloon.
The victim and several witnesses had seen Ashton leave the Bird Cage Saloon and shove his way through the crowd outside. According to D'Evelyn, when the victim approached Ashton about his behavior and confrontation with a man standing nearby, Ashton turned and pointed a handgun at the victim’s forehead. He also struck the side of the victim’s head with the firearm.
D'Evelyn said that after the assault, Ashton began waiving the gun in the crowd and pointed it at two Montezuma's Bar employees. Ashton left the area while police were being notified.
Officers arrested Ashton in the city parking garage at approximately 1:35 a.m. Sunday. Police officers also recovered a handgun.
Ashton was booked at the Camp Verde Detention Center. He is charged with three counts of aggravated assault with a deadly weapon, one count of recklessly handling a weapon and one count of carrying a deadly weapon in a public establishment. He remains in custody on a $150,000 bond.
YCSO has placed Ashton on unpaid administrative leave pending an internal investigation.
Sgt Mike Dawson Arrested for Public Intoxication
An Oklahoma City police officer is arrested for an incident, early New Years Day. Sargent Mike Dawson was arrested for public intoxication. He's an 11-year veteran of the OCPD. Dawson was found walking a rural road in Logan County wearing a t-shirt and shorts. He said he had been in an argument with his girlfriend. Logan county sheriff's found no signs of a physical altercation, but they did notice he was drunk.
Captain Patrick Stewart with the OKC Police Department said, "At that time, while he was in the back seat of the vehicle he did kick the window out of the back seat of the patrol vehicle."
Dawson is on paid administrative leave pending the outcome of Oklahoma City's investigation.
More Information
Captain Patrick Stewart with the OKC Police Department said, "At that time, while he was in the back seat of the vehicle he did kick the window out of the back seat of the patrol vehicle."
Dawson is on paid administrative leave pending the outcome of Oklahoma City's investigation.
More Information
Officer Kahlya Derkson Charged with Domestic Violence
A Cincinnati police officer has been arrested and charged with domestic violence, after an altercation the day after Christmas.
According to court papers, 34 year old Officer Kahlya Derkson got into an argument with the father of her child at his home in Norwood. The alleged victim says Derkson tried to take their baby from his car. They argued, and he says she tried to gouge his eyes. The father of Derkson's child claims he suffered a scratched face, and bloody nose.
A Cincinnati Police spokeswoman says Derkson is being assigned to desk duty and her police powers are in the process of being suspended.
She has been with the department since 1998.
According to court papers, 34 year old Officer Kahlya Derkson got into an argument with the father of her child at his home in Norwood. The alleged victim says Derkson tried to take their baby from his car. They argued, and he says she tried to gouge his eyes. The father of Derkson's child claims he suffered a scratched face, and bloody nose.
A Cincinnati Police spokeswoman says Derkson is being assigned to desk duty and her police powers are in the process of being suspended.
She has been with the department since 1998.
Former Officer David Reveille Beaten by Another Inmate at Jail
A fired Gainesville police officer will have to wait until at least the end of the week before he is sentenced in a felony sex case after being injured following a dispute over the television show "Law and Order."
David John Reveille, 47, appeared in court Monday afternoon with a bandage over his nose. He was scheduled to be sentenced as part of a plea deal after being charged with using his official position to obtain sexual favors. Specifically, Reveille was charged in February with eight counts of sexual battery, two counts of battery and one count each of false imprisonment and official misconduct.
According to the Alachua County Sheriff's Office, Reveille was beaten by another inmate, Willis Jamard Robinson, 19, after a dispute over a television show.
Reveille told investigators he had been watching the hour-long program "Law and Order" the night before the incident, the Sheriff's Office reported. According to Reveille, Robinson changed the channel with only a few minutes left in the show and refused to turn the channel back to the program for Reveille.
The next day, shortly before 11 a.m. on Dec. 29, according to the Sheriff's Office, Reveille had been let out of his cell while a nurse was distributing medications. Reveille was being held in protective custody because he was a former law enforcement officer. Inmate witnesses told investigators that Reveille was at the water fountain getting a drink when Robinson ran out of his cell and punched the former officer once in the face with a closed fist. Witnesses said Reveille fell to the floor motionless.
Sheriff's spokesman Lt. Steve Maynard said Reveille was taken to Shands at the University of Florida for treatment. Maynard said federal privacy laws prohibit releasing medical details, but he was able to characterize the injuries to Reveille as serious but not life-threatening. Reveille later told investigators he did not remember anything after being punched until he woke up in the hospital.
Following a nearly 15-minute long conference with attorneys in the case Monday, Judge Ysleta McDonald delayed sentencing until at least Friday. During the judge's conference with the attorneys, Reveille sat at a table with his head slightly tilted down and most of the time holding what appeared to be a white tissue or bandage over his mouth.
Robinson, who had been housed at the jail since late November on an attempted murder charge, was charged with battery in connection with the incident involving Reveille.
David John Reveille, 47, appeared in court Monday afternoon with a bandage over his nose. He was scheduled to be sentenced as part of a plea deal after being charged with using his official position to obtain sexual favors. Specifically, Reveille was charged in February with eight counts of sexual battery, two counts of battery and one count each of false imprisonment and official misconduct.
According to the Alachua County Sheriff's Office, Reveille was beaten by another inmate, Willis Jamard Robinson, 19, after a dispute over a television show.
Reveille told investigators he had been watching the hour-long program "Law and Order" the night before the incident, the Sheriff's Office reported. According to Reveille, Robinson changed the channel with only a few minutes left in the show and refused to turn the channel back to the program for Reveille.
The next day, shortly before 11 a.m. on Dec. 29, according to the Sheriff's Office, Reveille had been let out of his cell while a nurse was distributing medications. Reveille was being held in protective custody because he was a former law enforcement officer. Inmate witnesses told investigators that Reveille was at the water fountain getting a drink when Robinson ran out of his cell and punched the former officer once in the face with a closed fist. Witnesses said Reveille fell to the floor motionless.
Sheriff's spokesman Lt. Steve Maynard said Reveille was taken to Shands at the University of Florida for treatment. Maynard said federal privacy laws prohibit releasing medical details, but he was able to characterize the injuries to Reveille as serious but not life-threatening. Reveille later told investigators he did not remember anything after being punched until he woke up in the hospital.
Following a nearly 15-minute long conference with attorneys in the case Monday, Judge Ysleta McDonald delayed sentencing until at least Friday. During the judge's conference with the attorneys, Reveille sat at a table with his head slightly tilted down and most of the time holding what appeared to be a white tissue or bandage over his mouth.
Robinson, who had been housed at the jail since late November on an attempted murder charge, was charged with battery in connection with the incident involving Reveille.
Officer Suspended After Allegedly Having Sex in Church
Police in southern Germany say an officer has been suspended from duty after allegedly having sex in a Catholic church during a service.
Regional police spokesman Hans-Peter Kammerer told the German news agency DAPD on Monday that the 26-year-old faces possible disciplinary measures and a criminal complaint for allegedly disturbing religious activities.
He said a visitor discovered the officer with a woman in the church in Rennertshofen, near the Bavarian city of Ingolstadt, during an early-morning service last Thursday. The couple then fled, but a church employee recognized the officer.
The man was suspended the following day. Disturbing religious activities can carry a sentence of up to three years in prison.
More Information
Regional police spokesman Hans-Peter Kammerer told the German news agency DAPD on Monday that the 26-year-old faces possible disciplinary measures and a criminal complaint for allegedly disturbing religious activities.
He said a visitor discovered the officer with a woman in the church in Rennertshofen, near the Bavarian city of Ingolstadt, during an early-morning service last Thursday. The couple then fled, but a church employee recognized the officer.
The man was suspended the following day. Disturbing religious activities can carry a sentence of up to three years in prison.
More Information
Officer Marcus Kilpatrick Pleads No Contest to Killing 86-Year-old Driver
A police officer on Monday pleaded no contest to charges connected to a crash during a high-speed chase that killed a 86-year-old driver nearly one year ago.
Officer Marcus Kilpatrick pleaded no contest to culpable negligence and was sentenced to one year of probation and 100 hours of community service. Under the terms of the plea agreement, there will be no record of the conviction if Kilpatrick successfully completes his probation.
An Florida Highway Patrol investigation into the Jan. 14, 2009, wreck found that Kilpatrick's patrol car was going 98 mph on Merrill Road when he struck a pickup truck driven by Matthew Ogden Jr.
Matthew Ogden died in January when his pickup truck was struck by a JSO patrol car.
Ogden was ejected from the pickup and died at the scene. Kilpatrick received a minor injury and fully recovered.
Prior to sentencing on Monday, Kilpatrick apologized to Ogden's family. The family told the court they did not want to see Kilpatrick go to jail, but wanted the sheriff's office to change their vehicle chase procedures.
Kilpatrick, 30, told investigators he was trying to pull over a vehicle for a window-tint violation at the time, but the FHP said there were conflicting reports about whether the marked patrol car had lights and siren on at the time of the crash.
"Visibility was not a problem. Apparently, the driver of the pickup truck didn't see the patrol car coming," FHP Lt. Bill Leeper said at the time.
Kilpatrick was placed on desk duty after the wreck. The Jacksonville Sheriff's Office told Channel 4 that it was waiting on the state's case to be concluded before an internal investigation would be conducted. Undersheriff Frank Mackesy said an internal affairs probe of the wreck will take place and its recommendations forwarded to the sheriff.
Officer Marcus Kilpatrick pleaded no contest to culpable negligence and was sentenced to one year of probation and 100 hours of community service. Under the terms of the plea agreement, there will be no record of the conviction if Kilpatrick successfully completes his probation.
An Florida Highway Patrol investigation into the Jan. 14, 2009, wreck found that Kilpatrick's patrol car was going 98 mph on Merrill Road when he struck a pickup truck driven by Matthew Ogden Jr.
Matthew Ogden died in January when his pickup truck was struck by a JSO patrol car.
Ogden was ejected from the pickup and died at the scene. Kilpatrick received a minor injury and fully recovered.
Prior to sentencing on Monday, Kilpatrick apologized to Ogden's family. The family told the court they did not want to see Kilpatrick go to jail, but wanted the sheriff's office to change their vehicle chase procedures.
Kilpatrick, 30, told investigators he was trying to pull over a vehicle for a window-tint violation at the time, but the FHP said there were conflicting reports about whether the marked patrol car had lights and siren on at the time of the crash.
"Visibility was not a problem. Apparently, the driver of the pickup truck didn't see the patrol car coming," FHP Lt. Bill Leeper said at the time.
Kilpatrick was placed on desk duty after the wreck. The Jacksonville Sheriff's Office told Channel 4 that it was waiting on the state's case to be concluded before an internal investigation would be conducted. Undersheriff Frank Mackesy said an internal affairs probe of the wreck will take place and its recommendations forwarded to the sheriff.
Arrest of Officer Marcus Jackson Causes Charges to be Dropped Against Suspects
Fallout from the arrest of a Charlotte Mecklenburg Police officer on sexual assault charges is beginning to be felt outside the police department. Eyewitness News has learned Mecklenburg County prosecutors will be forced to drop charges against many of the suspects arrested by Marcus Jackson.
Jackson was arrested last week after two women, in separate incidents, told police they were forced to perform sexual acts after being stopped and questioned by Jackson. He is no longer on the police force.
A spokesman for District Attorney Peter Gilchrist said prosecutors are compiling a list of cases Jackson was involved in. Cases in which Jackson was scheduled to provide significant information will likely be dropped, said Bart Menser. “It’s a truthfulness issue. How can you ask folks to convict someone else when you have allegations like this” against a police officer who is a witness in the case?
Menser said it’s the same process used when other officers have found themselves charged with crimes. In 2008, officers Gerald Holas and Jason Ross were arrested and charged with tipping off drug dealers. Prosecutors dropped many of the cases they’d been working on.
For Marcus Jackson, the questions go beyond cases that may be dropped. Years before he became a police officer in September, 2008, Jackson was the focus of domestic violence allegations by two women who told a judge he had physically assaulted them. Both women took out restraining orders against Jackson.
CMPD has so far declined to say whether those domestic violence incidents should have disqualified Jackson from being hired. Nor has the department said whether Jackson had any discipline problems during his 15 months with the department.
Jackson was arrested last week after two women, in separate incidents, told police they were forced to perform sexual acts after being stopped and questioned by Jackson. He is no longer on the police force.
A spokesman for District Attorney Peter Gilchrist said prosecutors are compiling a list of cases Jackson was involved in. Cases in which Jackson was scheduled to provide significant information will likely be dropped, said Bart Menser. “It’s a truthfulness issue. How can you ask folks to convict someone else when you have allegations like this” against a police officer who is a witness in the case?
Menser said it’s the same process used when other officers have found themselves charged with crimes. In 2008, officers Gerald Holas and Jason Ross were arrested and charged with tipping off drug dealers. Prosecutors dropped many of the cases they’d been working on.
For Marcus Jackson, the questions go beyond cases that may be dropped. Years before he became a police officer in September, 2008, Jackson was the focus of domestic violence allegations by two women who told a judge he had physically assaulted them. Both women took out restraining orders against Jackson.
CMPD has so far declined to say whether those domestic violence incidents should have disqualified Jackson from being hired. Nor has the department said whether Jackson had any discipline problems during his 15 months with the department.
Former Officer Buck Morris Accused of Sexually Assaulting Teen Scheduled to Appear in Court Monday
A former Stillwater police officer accused of sexually assaulting a 15-year-old girl is scheduled to appear in court Monday.
A preliminary hearing is set for 9 a.m. Monday in Payne County District Court for 48-year-old Louis Alvie "Buck" Morris.
Morris was charged in June with two counts of rape by instrumentation and three counts of lewd acts with a child. An after-hours message left Saturday with Morris' attorney was not immediately returned.
According to an arrest warrant affidavit, the alleged victim dated Morris' 16-year-old son and continued to talk to Morris after the two teens broke up.
A 17-year veteran of the Stillwater Police Department, Morris was suspended June 2 and resigned from the force on June 26.
Information from: Stillwater News Press, http://www.stwnewspress.com
Previous Post
A preliminary hearing is set for 9 a.m. Monday in Payne County District Court for 48-year-old Louis Alvie "Buck" Morris.
Morris was charged in June with two counts of rape by instrumentation and three counts of lewd acts with a child. An after-hours message left Saturday with Morris' attorney was not immediately returned.
According to an arrest warrant affidavit, the alleged victim dated Morris' 16-year-old son and continued to talk to Morris after the two teens broke up.
A 17-year veteran of the Stillwater Police Department, Morris was suspended June 2 and resigned from the force on June 26.
Information from: Stillwater News Press, http://www.stwnewspress.com
Previous Post
Officer Kenitra Davis Arrested for Drunk Driving
A Mount Pleasant police officer has been placed on administrative leave after North Charleston police, responding to a New Year's Eve call about a car in an apartment complex pond, charged her with drunken driving.
Kenitra Davis of North Charleston was arrested by police and charged with driving under the influence after a wreck in her personal vehicle, according to a news release from Mount Pleasant Police Chief Harry Sewell. She was not on duty. She has been placed on leave without pay pending an internal investigation.
Police were called to a report on a car in the pond at the Cedar Grove Apartments at 11:30 p.m. Thursday, said Spencer Pryor, North Charleston police public information officer. It was a single-car wreck. Davis was arrested after police made contact with her.
The incident follows the arrest of a Charleston police officer Tuesday after the S.C. Highway Patrol investigated a weekend incident in which a parked car was struck by a vehicle that left the scene. Charles C. Missel was charged with first-offense driving under the influence and leaving the scene of an accident, according to the state Department of Public Safety. He too was placed on administrative leave pending investigation.
Kenitra Davis of North Charleston was arrested by police and charged with driving under the influence after a wreck in her personal vehicle, according to a news release from Mount Pleasant Police Chief Harry Sewell. She was not on duty. She has been placed on leave without pay pending an internal investigation.
Police were called to a report on a car in the pond at the Cedar Grove Apartments at 11:30 p.m. Thursday, said Spencer Pryor, North Charleston police public information officer. It was a single-car wreck. Davis was arrested after police made contact with her.
The incident follows the arrest of a Charleston police officer Tuesday after the S.C. Highway Patrol investigated a weekend incident in which a parked car was struck by a vehicle that left the scene. Charles C. Missel was charged with first-offense driving under the influence and leaving the scene of an accident, according to the state Department of Public Safety. He too was placed on administrative leave pending investigation.
Sunday, January 03, 2010
Preston Bussey III Dies After Being Tasered
Cocoa investigators are trying to figure out how a man died at a hospital after local police shocked him with a Taser.
On Sunday, the victim's family spoke out.
"I feel that he went there for safety, for a safe place and he should have been protected," said Pearl Morice, the mother of Preston Bussey III. "I don't know what happened, but I'm seeking justice."
Bussey, 41, admitted himself to Wuesthoff Hospital with apparent self-inflicted wounds, according to a police report. The emergency room physician called for an involuntary psychological examination. The police report said Buseey became combative and disruptive.
Hospital officials called the Rockledge Police Department, after which two officers deployed their Tasers. Bussey was kept in the waiting room, where he was given medication and placed on a gurney. Buseey died shortly after.
"It's agony to not have answers to dear questions especially when they're dealing with your children," said Preston Bussey Jr., the victim's father.
The family said their son's death was even more painful because another son died at Holmes Regional Medical Center after a struggle with police in 1999.
The Rockledge Police Department said in a statement that they sent their sincerest condolences to the Bussey family during the tragic event.
With the investigation ongoing by the Florida Department of Law Enforcement, the department said it would be premature to comment further on the incident.
On Sunday, the victim's family spoke out.
"I feel that he went there for safety, for a safe place and he should have been protected," said Pearl Morice, the mother of Preston Bussey III. "I don't know what happened, but I'm seeking justice."
Bussey, 41, admitted himself to Wuesthoff Hospital with apparent self-inflicted wounds, according to a police report. The emergency room physician called for an involuntary psychological examination. The police report said Buseey became combative and disruptive.
Hospital officials called the Rockledge Police Department, after which two officers deployed their Tasers. Bussey was kept in the waiting room, where he was given medication and placed on a gurney. Buseey died shortly after.
"It's agony to not have answers to dear questions especially when they're dealing with your children," said Preston Bussey Jr., the victim's father.
The family said their son's death was even more painful because another son died at Holmes Regional Medical Center after a struggle with police in 1999.
The Rockledge Police Department said in a statement that they sent their sincerest condolences to the Bussey family during the tragic event.
With the investigation ongoing by the Florida Department of Law Enforcement, the department said it would be premature to comment further on the incident.
Officer Kelly Maloney Charged with Domestic Violence
A Louisville Metro police officer is on administrative leave tonight after she was arrested for assault.
Kelly Maloney faces a fourth degree assault charge for domestic violence and minor injury.
She was booked into jail shortly before 10:30 p.m. Friday, and released on her own recognizance a little after 3:00 a.m. Saturday.
At this time, officials have not released any other details of this arrest.
----------
More Information and Photo
Kelly Maloney faces a fourth degree assault charge for domestic violence and minor injury.
She was booked into jail shortly before 10:30 p.m. Friday, and released on her own recognizance a little after 3:00 a.m. Saturday.
At this time, officials have not released any other details of this arrest.
----------
More Information and Photo
California Police Can be Held Liable for Using Tasers
In a case that could set the first broad judicial standards for the use of Tasers, a federal appeals court in California has ruled that the police can be held liable for using one of the devices against an unarmed person during a traffic stop.
The United States Court of Appeals for the Ninth Circuit, based in San Francisco, said the electrically disabling device constituted excessive force when used against an unarmed man who did not pose a threat, and it refused to allow a police officer immunity for its use.
In a vividly worded opinion issued by the court this week, Judge Kim McLane Wardlaw described a “bad morning” for Carl Bryan, a 21-year-old Californian who drove over large stretches of Southern California to retrieve car keys mistakenly taken by a friend and ended up being Tasered by a Coronado, Calif., policeman and breaking four teeth when he fell to the ground.
Mr. Bryan was stopped twice on his driving odyssey, once for speeding and once for not wearing his seat belt. After the second stop, he was “agitated, standing outside his car, yelling gibberish and hitting his thighs, clad only in his boxer shorts and tennis shoes,” the court said.
The judge noted, however, that Mr. Bryan did not threaten the officer, Brian McPherson, and was not trying to flee — all elements of a three-part test that the United States Supreme Court has used to determine when significant force is justified. As for the third factor in the court’s test, the severity of the offense at issue, the Ninth Circuit judges observed that “traffic violations generally will not support the use of a significant level of force.”
The court found that the policeman’s use of force so exceeded the threat posed by Mr. Bryan that it denied his request for immunity for his actions and for a quick dismissal of the case against him. Instead, the judges will allow the case to go forward.
Eugene G. Iredale, a lawyer for Mr. Bryan, hailed what he called a “landmark decision.”
A lawyer for Officer McPherson, Steven E. Boehmer, did not return calls seeking comment.
Orin S. Kerr, a former federal prosecutor and a professor at George Washington University Law School, called it “an important case” that was unusual in the way it set a broad rule without giving deference to the use of force by the police.
Geoffrey P. Alpert, a professor of criminal justice at the University of South Carolina who recently completed a four-year study of Tasers for the Department of Justice, said that Tasers and other “conducted electrical devices” were used by more than 17,000 law enforcement agencies and that some departments had already upgraded their rules to allow their use only in the case of an “active or immediate threat.”
If the Ninth Circuit ruling is not overturned, Professor Alpert said, the Bryan case “is going to impact a lot of departments that have not changed their standards.”
The United States Court of Appeals for the Ninth Circuit, based in San Francisco, said the electrically disabling device constituted excessive force when used against an unarmed man who did not pose a threat, and it refused to allow a police officer immunity for its use.
In a vividly worded opinion issued by the court this week, Judge Kim McLane Wardlaw described a “bad morning” for Carl Bryan, a 21-year-old Californian who drove over large stretches of Southern California to retrieve car keys mistakenly taken by a friend and ended up being Tasered by a Coronado, Calif., policeman and breaking four teeth when he fell to the ground.
Mr. Bryan was stopped twice on his driving odyssey, once for speeding and once for not wearing his seat belt. After the second stop, he was “agitated, standing outside his car, yelling gibberish and hitting his thighs, clad only in his boxer shorts and tennis shoes,” the court said.
The judge noted, however, that Mr. Bryan did not threaten the officer, Brian McPherson, and was not trying to flee — all elements of a three-part test that the United States Supreme Court has used to determine when significant force is justified. As for the third factor in the court’s test, the severity of the offense at issue, the Ninth Circuit judges observed that “traffic violations generally will not support the use of a significant level of force.”
The court found that the policeman’s use of force so exceeded the threat posed by Mr. Bryan that it denied his request for immunity for his actions and for a quick dismissal of the case against him. Instead, the judges will allow the case to go forward.
Eugene G. Iredale, a lawyer for Mr. Bryan, hailed what he called a “landmark decision.”
A lawyer for Officer McPherson, Steven E. Boehmer, did not return calls seeking comment.
Orin S. Kerr, a former federal prosecutor and a professor at George Washington University Law School, called it “an important case” that was unusual in the way it set a broad rule without giving deference to the use of force by the police.
Geoffrey P. Alpert, a professor of criminal justice at the University of South Carolina who recently completed a four-year study of Tasers for the Department of Justice, said that Tasers and other “conducted electrical devices” were used by more than 17,000 law enforcement agencies and that some departments had already upgraded their rules to allow their use only in the case of an “active or immediate threat.”
If the Ninth Circuit ruling is not overturned, Professor Alpert said, the Bryan case “is going to impact a lot of departments that have not changed their standards.”
Officer Marcus Jackson Charged with Sexual Assault Had Prior Record
Fox News is reporting nationally the story that ran in the Charlotte Observer earlier about a Charlotte-Mecklenburg police officer, Marcus Jackson, who was fired and has been charged with 3 counts of sexual assault on two different women he pulled for traffic offenses.
We were rather suspicious when the Charlotte-Mecklenburg Police Chief Rodney Monroe said "it would be naïve" to believe that the officer hadn't assaulted other women. He issued the officer's mug shot to the media, hoping other potential victims will come forward, according the Charlotte Observer.
Sure enough, there is more. Now we learn that this same officer apparently has a previous record of domestic violence and was at one time order not to carry a gun by a restraining ordered issued against him. But he was not convicted.
He actually has two records, one 2003 and another in 2005. CPD admitted they knew about the 2003 complaint but contended that a criminal records check turned up nothing on the 2005 incident. So he was hired in 2008 as a police officer.
The current charges are that on December 18 Jackson pulled a 17 year-old girl and offered to not write her a ticket if she performed sex acts on him. Then a 21-year old woman came forward to say that Jackson had pulled her and forced her to commit similar acts.
There is some question about whether the CPD knew about the first attack before the second one took place.
The revelations follow a number of reports in recent months about other law enforcement officers being involved in sex acts, some with victims they had pulled. Other reports were related to highway patrol troopers engaging in sex acts while on duty and some were alleged to be in patrol cars.
There have been similar reports from New Jersey, and Tennessee.
And of course, most of our readers are well aware of the reports of similar activities in the N. C. Highway Patrol. As McClatchy reports, there have been at least 27 cases of sexual misconduct in the Patrol since 1998.
After a previous story similar to this one ran on the Beaufort Observer we received reports of other incidents that have not been reported. One former state trooper indicated to us that "it is a common occurrence and it is known by supervisors who even joke about it at times."
We were rather suspicious when the Charlotte-Mecklenburg Police Chief Rodney Monroe said "it would be naïve" to believe that the officer hadn't assaulted other women. He issued the officer's mug shot to the media, hoping other potential victims will come forward, according the Charlotte Observer.
Sure enough, there is more. Now we learn that this same officer apparently has a previous record of domestic violence and was at one time order not to carry a gun by a restraining ordered issued against him. But he was not convicted.
He actually has two records, one 2003 and another in 2005. CPD admitted they knew about the 2003 complaint but contended that a criminal records check turned up nothing on the 2005 incident. So he was hired in 2008 as a police officer.
The current charges are that on December 18 Jackson pulled a 17 year-old girl and offered to not write her a ticket if she performed sex acts on him. Then a 21-year old woman came forward to say that Jackson had pulled her and forced her to commit similar acts.
There is some question about whether the CPD knew about the first attack before the second one took place.
The revelations follow a number of reports in recent months about other law enforcement officers being involved in sex acts, some with victims they had pulled. Other reports were related to highway patrol troopers engaging in sex acts while on duty and some were alleged to be in patrol cars.
There have been similar reports from New Jersey, and Tennessee.
And of course, most of our readers are well aware of the reports of similar activities in the N. C. Highway Patrol. As McClatchy reports, there have been at least 27 cases of sexual misconduct in the Patrol since 1998.
After a previous story similar to this one ran on the Beaufort Observer we received reports of other incidents that have not been reported. One former state trooper indicated to us that "it is a common occurrence and it is known by supervisors who even joke about it at times."
Saturday, January 02, 2010
Diabetic Man Tasered 11 Times While Unconscious
Police officers from two Chicago suburbs are being sued after one of them allegedly Tasered a man having a diabetic seizure because the diabetic involuntarily hit the officer while being taken to an ambulance.
Prospero Lassi, a 40-year-old employee of Southwest Airlines, filed the lawsuit with a federal court in Chicago last week, following an April 9, 2009, incident in which Lassi was taken to hospital following a violent diabetic seizure -- and being Tasered 11 times while unconscious.
That day, Lassi's roommate found the man on the floor of his apartment having a seizure and foaming at the mouth, according to the statement filed with the court. The roommate called 911 for help, and police officers from the Brookfield and LaGrange Park police departments arrived to help with the situation.
As police officers were helping the paramedics move Lassi to an ambulance, Lassi -- still in the midst of the seizure and described as "unresponsive" -- involuntarily smacked one of the officers with his arm.
"Reacting to Mr. Lassi’s involuntary movement, one or more of the [officers] pushed Mr. Lassi to the ground, forcibly restraining him there," the complaint states. "[LaGrange Park Officer Darren] Pedota then withdrew his Taser, an electroshock weapon that uses electrical current to disrupt a person’s control over his muscles, and electrocuted Mr. Lassi eleven times.
"Mr. Lassi remained immobile on the floor and was unable to defend himself during this attack. None of the other LaGrange and Brookfield Defendants attempted to interrupt Defendant Pedota's repeated use of the Taser."
The filing says that Lassi spent five days in hospital, and "as a result of this incident, Mr. Lassi has permanent scars on his skin, including a scar on his face. Mr. Lassi has also suffered, and continues to suffer, neurological and musculoskeletal injuries, among other injuries."
According to Courthouse News, Lassi is seeking "punitive damages for battery, excessive force, and failure to intervene."
Prospero Lassi, a 40-year-old employee of Southwest Airlines, filed the lawsuit with a federal court in Chicago last week, following an April 9, 2009, incident in which Lassi was taken to hospital following a violent diabetic seizure -- and being Tasered 11 times while unconscious.
That day, Lassi's roommate found the man on the floor of his apartment having a seizure and foaming at the mouth, according to the statement filed with the court. The roommate called 911 for help, and police officers from the Brookfield and LaGrange Park police departments arrived to help with the situation.
As police officers were helping the paramedics move Lassi to an ambulance, Lassi -- still in the midst of the seizure and described as "unresponsive" -- involuntarily smacked one of the officers with his arm.
"Reacting to Mr. Lassi’s involuntary movement, one or more of the [officers] pushed Mr. Lassi to the ground, forcibly restraining him there," the complaint states. "[LaGrange Park Officer Darren] Pedota then withdrew his Taser, an electroshock weapon that uses electrical current to disrupt a person’s control over his muscles, and electrocuted Mr. Lassi eleven times.
"Mr. Lassi remained immobile on the floor and was unable to defend himself during this attack. None of the other LaGrange and Brookfield Defendants attempted to interrupt Defendant Pedota's repeated use of the Taser."
The filing says that Lassi spent five days in hospital, and "as a result of this incident, Mr. Lassi has permanent scars on his skin, including a scar on his face. Mr. Lassi has also suffered, and continues to suffer, neurological and musculoskeletal injuries, among other injuries."
According to Courthouse News, Lassi is seeking "punitive damages for battery, excessive force, and failure to intervene."
Court Rules Coronado Officer Used Excessive Force when Tasering
In what could be considered a landmark ruling on the police use of Tasers, a federal court of appeals issued a strongly-worded judgment this week blaming a Coronado police officer for using excessive force when he shot the device at an unarmed, noncombative motorist during a traffic stop in 2005.
The ruling by the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, means officers can be held liable for their use of Taser weapons and allows the driver, Carl Bryan, to continue to pursue his lawsuit against the Coronado officer.
“It really is the first decision that makes a comprehensive survey of case law, as well as good discussion of exactly how to categorize the use of the Taser in the continuum of force,” said Gene Iredale, Bryan’s San Diego-based attorney.
The appeals decision, written by Judge Kim McLane Wardlaw, describes the officer’s use of the Taser as “unconstitutionally excessive and a violation of Bryan’s clearly established rights.”
“The physiological effects, the high level of pain, and foreseeable risk of physical injury leads us to conclude that the X26 (Taser) and similar devices are a greater intrusion than other nonlethal methods of force we have confronted,” the judge wrote.
The ruling has attracted the attention of local law enforcement agencies, including the San Diego County Sheriff’s Department, which will review the case in the coming weeks to see if policies on Taser use need to change.
Coronado Police Chief Lou Scanlon said yesterday that the department’s Taser policies have evolved since the incident, and they currently comply with the court ruling, including considering the use of Tasers more serious when compared with other nonlethal weapons and, when possible, warning people before they are about to be shot using a Taser.
“But we certainly reviewed our policy after the court decision to make sure we were in compliance,” said Scanlon, who stressed that the case has not been to trial and much of the officer’s side of the story has not been presented in court.
The 22-page decision illustrates how “an already bad morning for Bryan took a turn for the worst” in the summer of 2005.
Bryan, then 21, had spent the night in Ventura County with family and had planned to drive his brother to his parents’ house in Coronado when he realized that someone had accidentally taken his car keys to Los Angeles.
Wearing the T-shirt and boxers he had slept in, Bryan got a ride to Los Angeles with his cousins, retrieved his keys, then headed back to Ventura County to pick up his brother for the ride south again.
On the way to Coronado, the California Highway Patrol stopped Bryan for speeding, and then later Coronado Officer Brian McPherson pulled him over for not wearing a seat belt.
Angry at himself for forgetting to buckle up and for getting his second ticket in a day, the judge wrote, Bryan was clearly agitated during the second stop, at one point hitting the steering wheel and cursing at himself.
He then got out of the car, and was “yelling gibberish and hitting his thighs, clad only in boxers and tennis shoes,” while McPherson stood 20 to 25 feet away, the judge wrote. Bryan reportedly made no threats to the officer and did not attempt to flee.
The officer testified that he had told Bryan to stay in the car and that Bryan had taken “one step” toward him. Bryan denied both statements.
Then “without giving any warning, Officer McPherson shot Bryan with a Taser,” Wardlaw wrote. Bryan, who according to physical evidence was facing away from the officer fell on his face as 50,000 volts of electricity ran through his body. Four teeth shattered when he hit the pavement.
Bryan was hospitalized and charged with resisting an officer in performance of his duties. The case ended with a hung jury, and the charge was dismissed.
Bryan, who lives in Spain and is a tennis coach and part-time actor, sued the city of Coronado and McPherson for excessive force, assault and battery and intentional infliction of emotional distress. A federal judge denied McPherson’s request for summary judgment to rule in his favor. McPherson appealed.
With Monday’s Court of Appeals ruling, which denied McPherson immunity, the officer can either petition for a rehearing, appeal to the U.S. Supreme Court or likely face a jury trial in San Diego Federal Court under the lawsuit.
McPherson’s attorney, Steve Boehmer, did not return a call seeking comment yesterday. McPherson left the Coronado department about three years ago and works as a police officer at a San Diego-area university.
The ruling by the U.S. Court of Appeals for the Ninth Circuit, based in San Francisco, means officers can be held liable for their use of Taser weapons and allows the driver, Carl Bryan, to continue to pursue his lawsuit against the Coronado officer.
“It really is the first decision that makes a comprehensive survey of case law, as well as good discussion of exactly how to categorize the use of the Taser in the continuum of force,” said Gene Iredale, Bryan’s San Diego-based attorney.
The appeals decision, written by Judge Kim McLane Wardlaw, describes the officer’s use of the Taser as “unconstitutionally excessive and a violation of Bryan’s clearly established rights.”
“The physiological effects, the high level of pain, and foreseeable risk of physical injury leads us to conclude that the X26 (Taser) and similar devices are a greater intrusion than other nonlethal methods of force we have confronted,” the judge wrote.
The ruling has attracted the attention of local law enforcement agencies, including the San Diego County Sheriff’s Department, which will review the case in the coming weeks to see if policies on Taser use need to change.
Coronado Police Chief Lou Scanlon said yesterday that the department’s Taser policies have evolved since the incident, and they currently comply with the court ruling, including considering the use of Tasers more serious when compared with other nonlethal weapons and, when possible, warning people before they are about to be shot using a Taser.
“But we certainly reviewed our policy after the court decision to make sure we were in compliance,” said Scanlon, who stressed that the case has not been to trial and much of the officer’s side of the story has not been presented in court.
The 22-page decision illustrates how “an already bad morning for Bryan took a turn for the worst” in the summer of 2005.
Bryan, then 21, had spent the night in Ventura County with family and had planned to drive his brother to his parents’ house in Coronado when he realized that someone had accidentally taken his car keys to Los Angeles.
Wearing the T-shirt and boxers he had slept in, Bryan got a ride to Los Angeles with his cousins, retrieved his keys, then headed back to Ventura County to pick up his brother for the ride south again.
On the way to Coronado, the California Highway Patrol stopped Bryan for speeding, and then later Coronado Officer Brian McPherson pulled him over for not wearing a seat belt.
Angry at himself for forgetting to buckle up and for getting his second ticket in a day, the judge wrote, Bryan was clearly agitated during the second stop, at one point hitting the steering wheel and cursing at himself.
He then got out of the car, and was “yelling gibberish and hitting his thighs, clad only in boxers and tennis shoes,” while McPherson stood 20 to 25 feet away, the judge wrote. Bryan reportedly made no threats to the officer and did not attempt to flee.
The officer testified that he had told Bryan to stay in the car and that Bryan had taken “one step” toward him. Bryan denied both statements.
Then “without giving any warning, Officer McPherson shot Bryan with a Taser,” Wardlaw wrote. Bryan, who according to physical evidence was facing away from the officer fell on his face as 50,000 volts of electricity ran through his body. Four teeth shattered when he hit the pavement.
Bryan was hospitalized and charged with resisting an officer in performance of his duties. The case ended with a hung jury, and the charge was dismissed.
Bryan, who lives in Spain and is a tennis coach and part-time actor, sued the city of Coronado and McPherson for excessive force, assault and battery and intentional infliction of emotional distress. A federal judge denied McPherson’s request for summary judgment to rule in his favor. McPherson appealed.
With Monday’s Court of Appeals ruling, which denied McPherson immunity, the officer can either petition for a rehearing, appeal to the U.S. Supreme Court or likely face a jury trial in San Diego Federal Court under the lawsuit.
McPherson’s attorney, Steve Boehmer, did not return a call seeking comment yesterday. McPherson left the Coronado department about three years ago and works as a police officer at a San Diego-area university.
Corrections Officer Wayne Kerschner Fired for Belonging to KKK
An Alachua County Sheriff's Office corrections officer who acknowledged being a member of the Ku Klux Klan has been fired for belonging to a subversive or terrorist organization, a violation of the agency's code of ethics.
Wayne Kerschner was fired Tuesday following a 10-month internal investigation.
The investigation revealed that Kerschner applied online for membership to the United Northern and Southern Knights of the Ku Klux Klan a year ago, paid $30 a month for access to a members-only Klan Web site and that the group did a thorough background check that included his credit history before allowing him to join.
The Klan has "extremely high standards," Kerschner told investigators, according to an administrative investigation report released Thursday. "They do a complete criminal background check on everybody."
A spokesman for the sheriff's office didn't return a phone call Thursday, and Kerschner's telephone number was not listed.
During the internal probe, Kerschner told investigators the Klan never asked him for information about the jail or the sheriff's office and that he never let his membership interfere with his job. He said he would never get involved with anything criminal and wouldn't ever jeopardize the sheriff's office. He said he viewed the Klan as a religious or political organization.
"I don't let it interfere with my job," he said, according to the report. "I don't let it interfere with my personal judgment call on anything like that. I mean, I think I am a pretty dang fair officer."
Kerschner told authorities that he blogged regularly on a KKK Web site, attended two rallies in Tennessee and was an officer of the United Northern and Southern Knights of the Ku Klux Klan. He said his wife was also a dues-paying member.
Kerschner gave some details into how he was inducted into the Klan in a process called "naturalization." He said he was blindfolded during the ceremony and was touched on the shoulder with a sword after taking an oath. He said he was on probation for a month before he could have full access to the Klan Web site, which offered information on Klan handshakes and the different colors available for Klan robes.
Kerschner told investigators he was sorry for getting involved with the Klan.
"If I could erase time, I would," he said.
Wayne Kerschner was fired Tuesday following a 10-month internal investigation.
The investigation revealed that Kerschner applied online for membership to the United Northern and Southern Knights of the Ku Klux Klan a year ago, paid $30 a month for access to a members-only Klan Web site and that the group did a thorough background check that included his credit history before allowing him to join.
The Klan has "extremely high standards," Kerschner told investigators, according to an administrative investigation report released Thursday. "They do a complete criminal background check on everybody."
A spokesman for the sheriff's office didn't return a phone call Thursday, and Kerschner's telephone number was not listed.
During the internal probe, Kerschner told investigators the Klan never asked him for information about the jail or the sheriff's office and that he never let his membership interfere with his job. He said he would never get involved with anything criminal and wouldn't ever jeopardize the sheriff's office. He said he viewed the Klan as a religious or political organization.
"I don't let it interfere with my job," he said, according to the report. "I don't let it interfere with my personal judgment call on anything like that. I mean, I think I am a pretty dang fair officer."
Kerschner told authorities that he blogged regularly on a KKK Web site, attended two rallies in Tennessee and was an officer of the United Northern and Southern Knights of the Ku Klux Klan. He said his wife was also a dues-paying member.
Kerschner gave some details into how he was inducted into the Klan in a process called "naturalization." He said he was blindfolded during the ceremony and was touched on the shoulder with a sword after taking an oath. He said he was on probation for a month before he could have full access to the Klan Web site, which offered information on Klan handshakes and the different colors available for Klan robes.
Kerschner told investigators he was sorry for getting involved with the Klan.
"If I could erase time, I would," he said.
Homeland Security Officer Denise Bermudez Arrested for Public Intoxication
A 33-year-old employee of the U.S. Department of Homeland Security was arrested on New Year's Eve and charged with being intoxicated in public, as well as battery on a law enforcement officer and resisting arrest with violence.
Denise Bermudez was at the parking garage on Channelside Drive when a deputy saw her "causing a disturbance while she was intoxicated," according to a report by the Hillsborough County Sheriff's Office.
She grabbed the deputy's arm "in an aggressive manner" and disregarded commands to let go, the report states.
Denise Bermudez was at the parking garage on Channelside Drive when a deputy saw her "causing a disturbance while she was intoxicated," according to a report by the Hillsborough County Sheriff's Office.
She grabbed the deputy's arm "in an aggressive manner" and disregarded commands to let go, the report states.
Friday, January 01, 2010
Harold Ricky Hughes Suing Police for Violating his Civil Rights
An Oklahoma Borough man is suing Vandergrift police for allegedly violating his civil rights in July 2007.
The federal lawsuit by Harold R. "Ricky" Hughes, of Thorne Street, was filed last month in the Westmoreland County Prothonotary's office in Greensburg and recently transferred to federal court in Pittsburgh.
In 2007 and until last month, Vandergrift provided police service for Oklahoma.
That borough voted last month to end police coverage by Vandergrift and relies on state police for patrols.
Hughes alleges that he saw Vandergrift police Sgt. Steve Callipare twice on one day fail to stop at two stop signs near the Hughes home. Hughes said he motioned for Callipare to pull over, and the officer pulled over and opened his window.
According to the suit, Hughes asked Callipare "if he thought he was above the law," and the men exchanged swear words.
Hughes claims the sergeant handcuffed him and put him into the police car. At the police station in Vandergrift, Callipare "grabbed Hughes by the back of his collar with force, hit him in the head and told him to move towards the police station," according to the lawsuit.
Hughes was charged with disorderly conduct.
At a preliminary hearing in October 2007, all state charges against Hughes were dismissed.
District Judge Bernice McCutcheon dismissed the disorderly conduct charge, but told Hughes he had other options rather than calling the officer over in what she termed a "ballsy move."
She said Hughes should have called the police chief to complain about the officer's driving rather than confront him.
In the lawsuit, Hughes' attorney Craig H. Alexander asserts the incident violated Hughes' free speech rights and the right protecting him from unreasonable search and seizure.
He alleges that Callipare and police Chief Joseph Caporali were "deliberately indifferent" to citizens' rights.
Defense counsel Paul D. Krepps said the case is properly in federal court.
"In this case, whether there was a conviction or not is irrelevant," Krepps said. "The issue is if there was probable cause for the officer to make the arrest. That will be up to a judge or jury to decide."
Krepps, who was a police officer in Pennsylvania and Florida before becoming an attorney, specializes in civil rights cases and was hired by the borough's insurance company.
The federal lawsuit by Harold R. "Ricky" Hughes, of Thorne Street, was filed last month in the Westmoreland County Prothonotary's office in Greensburg and recently transferred to federal court in Pittsburgh.
In 2007 and until last month, Vandergrift provided police service for Oklahoma.
That borough voted last month to end police coverage by Vandergrift and relies on state police for patrols.
Hughes alleges that he saw Vandergrift police Sgt. Steve Callipare twice on one day fail to stop at two stop signs near the Hughes home. Hughes said he motioned for Callipare to pull over, and the officer pulled over and opened his window.
According to the suit, Hughes asked Callipare "if he thought he was above the law," and the men exchanged swear words.
Hughes claims the sergeant handcuffed him and put him into the police car. At the police station in Vandergrift, Callipare "grabbed Hughes by the back of his collar with force, hit him in the head and told him to move towards the police station," according to the lawsuit.
Hughes was charged with disorderly conduct.
At a preliminary hearing in October 2007, all state charges against Hughes were dismissed.
District Judge Bernice McCutcheon dismissed the disorderly conduct charge, but told Hughes he had other options rather than calling the officer over in what she termed a "ballsy move."
She said Hughes should have called the police chief to complain about the officer's driving rather than confront him.
In the lawsuit, Hughes' attorney Craig H. Alexander asserts the incident violated Hughes' free speech rights and the right protecting him from unreasonable search and seizure.
He alleges that Callipare and police Chief Joseph Caporali were "deliberately indifferent" to citizens' rights.
Defense counsel Paul D. Krepps said the case is properly in federal court.
"In this case, whether there was a conviction or not is irrelevant," Krepps said. "The issue is if there was probable cause for the officer to make the arrest. That will be up to a judge or jury to decide."
Krepps, who was a police officer in Pennsylvania and Florida before becoming an attorney, specializes in civil rights cases and was hired by the borough's insurance company.
Officer Charles Missel Arrested for DUI
A Charleston police officer was arrested Tuesday after the S.C. Highway Patrol investigated a weekend incident in which a parked car was struck by a vehicle that left the scene.
Charles C. Missel is charged with first-offense driving under the influence and leaving the scene of an accident, said Sid Gaulden, press officer for the state Department of Public Safety.
Missel has been placed on administrative leave without pay pending the outcome of the charges, Charleston police public information officer Charles Francis said.
The Highway Patrol was asked to assist in the investigation of a wreck that took place in a parking lot late Saturday or early Sunday, Gaulden said.
"A parked car was hit and a second car left," Gaulden said. As a result of the patrol's investigation, Missel was charged.
Charles C. Missel is charged with first-offense driving under the influence and leaving the scene of an accident, said Sid Gaulden, press officer for the state Department of Public Safety.
Missel has been placed on administrative leave without pay pending the outcome of the charges, Charleston police public information officer Charles Francis said.
The Highway Patrol was asked to assist in the investigation of a wreck that took place in a parking lot late Saturday or early Sunday, Gaulden said.
"A parked car was hit and a second car left," Gaulden said. As a result of the patrol's investigation, Missel was charged.
Sgt Reginald McReynolds Says He is Victim of Racial Profiling by NYPD
The New York Police Department has been accused of racial profiling by one of its own.
NYPD Sgt. Reginald McReynolds, who is African-American, said he was a victim of racial profiling when he was stopped by two fellow police officers while in his girlfriend's apartment building in the Bronx on October 26.
According to the official police report, the officers were responding to a domestic abuse call in the same building and mistook McReynolds for the suspect, handcuffing him after he refused to identify himself.
Eric Sanders, McReynolds' attorney, told a different story.
As a former NYPD officer himself, Sanders claims McReynolds immediately identified himself despite what he said was a lack of grounds for stopping him.
"You have to have a legal basis to stop someone in the first place," Sanders said. "They can't do that in a private building unless they establish that there are some grounds for suspicion."
The police report cites the Clean Halls program, which allows officers to stop suspicious occupants of private buildings, interrogate them and place them under arrest for criminal trespass, as legal basis for interrogating McReynolds,
McReynolds was walking up the building's stairs, returning with a bag of take-out Chinese food, when he encountered Officers Kyle Bach and Joseph Azevedo. Both officers had just left an apartment on the same floor as McReynolds' girlfriend, Yvelisse Cruz, in response to a domestic abuse call.
The police report said, after being advised that the alleged suspect might still in the building, the officers immediately stopped McReynolds thinking he might be the alleged abuser.
The report also said that after refusing to answer interrogation questions, they attempted to handcuff him as McReynolds pushed Azevedo in the chest. Cruz, who took pictures of the incident, was then instructed by McReynolds to call 911, and, according to the report, was told to lie to the dispatcher and claim that "a uniformed member of the services was hitting him in the face."
When back-up officers were called in, McReynolds was released, but was later suspended for 30 days on charges of misconduct toward an officer. He has since been ruled to be fit for duty and has returned to his position in the Quality Assurance Division of the department.
Sanders maintained that McReynolds is innocent on all counts of alleged misconduct.
Both Sanders and the police report said that McReynolds clarified that he "was on the job." Sanders explained this is a common phrase among the law enforcement community as indication of officer status, adding that the officers should have recognized that.
Sanders also said McReynolds never pushed any of the officers, and never instructed Cruz to lie on the 911 call, citing the lack of a call transcript in the police report.
A spokesperson for the NYPD said that the police commissioner was aware of the incident but had no comment.
Sanders said he plans on filing suit against the City of New York and linking this case with another racial profiling case involving three black detectives to show a pattern of racial profiling in the city.
"African-Americans and Latino citizens are stopped by police on a higher basis than any other group in New York and most don't even end in arrest," said Sanders. "They're tossing people to find an arrest. It's like shooting fish in a barrel. They think 'If I toss ten people, then I'll find maybe one out of ten.'"
No charges have been filed against the officers involved.
NYPD Sgt. Reginald McReynolds, who is African-American, said he was a victim of racial profiling when he was stopped by two fellow police officers while in his girlfriend's apartment building in the Bronx on October 26.
According to the official police report, the officers were responding to a domestic abuse call in the same building and mistook McReynolds for the suspect, handcuffing him after he refused to identify himself.
Eric Sanders, McReynolds' attorney, told a different story.
As a former NYPD officer himself, Sanders claims McReynolds immediately identified himself despite what he said was a lack of grounds for stopping him.
"You have to have a legal basis to stop someone in the first place," Sanders said. "They can't do that in a private building unless they establish that there are some grounds for suspicion."
The police report cites the Clean Halls program, which allows officers to stop suspicious occupants of private buildings, interrogate them and place them under arrest for criminal trespass, as legal basis for interrogating McReynolds,
McReynolds was walking up the building's stairs, returning with a bag of take-out Chinese food, when he encountered Officers Kyle Bach and Joseph Azevedo. Both officers had just left an apartment on the same floor as McReynolds' girlfriend, Yvelisse Cruz, in response to a domestic abuse call.
The police report said, after being advised that the alleged suspect might still in the building, the officers immediately stopped McReynolds thinking he might be the alleged abuser.
The report also said that after refusing to answer interrogation questions, they attempted to handcuff him as McReynolds pushed Azevedo in the chest. Cruz, who took pictures of the incident, was then instructed by McReynolds to call 911, and, according to the report, was told to lie to the dispatcher and claim that "a uniformed member of the services was hitting him in the face."
When back-up officers were called in, McReynolds was released, but was later suspended for 30 days on charges of misconduct toward an officer. He has since been ruled to be fit for duty and has returned to his position in the Quality Assurance Division of the department.
Sanders maintained that McReynolds is innocent on all counts of alleged misconduct.
Both Sanders and the police report said that McReynolds clarified that he "was on the job." Sanders explained this is a common phrase among the law enforcement community as indication of officer status, adding that the officers should have recognized that.
Sanders also said McReynolds never pushed any of the officers, and never instructed Cruz to lie on the 911 call, citing the lack of a call transcript in the police report.
A spokesperson for the NYPD said that the police commissioner was aware of the incident but had no comment.
Sanders said he plans on filing suit against the City of New York and linking this case with another racial profiling case involving three black detectives to show a pattern of racial profiling in the city.
"African-Americans and Latino citizens are stopped by police on a higher basis than any other group in New York and most don't even end in arrest," said Sanders. "They're tossing people to find an arrest. It's like shooting fish in a barrel. They think 'If I toss ten people, then I'll find maybe one out of ten.'"
No charges have been filed against the officers involved.
Police Officer's 3-year-old Son Shoots Cousin
A police officer's 3-year-old son shot his cousin of the same age to death in what the county sheriff is calling a "tragic accident."
The New Year's Eve shooting happened in Rayville, in northeastern Louisiana.
The 3-year-old victim was the officer's niece. He had gone to visit another off-duty officer, according to thenewsstar.com.
Sheriff Charles McDonald says the two children were playing in the front yard.
The police officer reached inside his vehicle to get something and turned away, the paper said.
While his back was turned, the little boy reached inside the driver's side door and grabbed the officer's sidearm, pulling the trigger.
The bullet accidentally struck the girl, killing her instantly.
The names of the officers and children involved were not released.
The New Year's Eve shooting happened in Rayville, in northeastern Louisiana.
The 3-year-old victim was the officer's niece. He had gone to visit another off-duty officer, according to thenewsstar.com.
Sheriff Charles McDonald says the two children were playing in the front yard.
The police officer reached inside his vehicle to get something and turned away, the paper said.
While his back was turned, the little boy reached inside the driver's side door and grabbed the officer's sidearm, pulling the trigger.
The bullet accidentally struck the girl, killing her instantly.
The names of the officers and children involved were not released.
Officer Kevin McCann Charged with Abusing Children with Taser-Like Weapon
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.
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.
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.
Subscribe to:
Posts (Atom)