A former Philadelphia police officer who retired just before he was charged with repeatedly raping a girl starting when she was 12 will face trial, a judge ruled Thursday.
Tyrone Wiggins, 50, was arrested in November, a day after he retired following a two-year police investigation into the case.
During a hearing in Municipal Court, Judge Alfred J. DiBona ordered Wiggins held for trial on rape, statutory rape, and other charges.
The victim testified that the assaults had continued for eight years. She described a "series of horrible acts" by "someone who abused his position over years," Assistant District Attorney Mark Cipolletti said.
At the time of his arrest, Wiggins was teaching martial-arts classes at the Olney Recreation Center. The city Recreation Department did not know of his arrest until media reports a month later.
Police Chief Charles H. Ramsey said there had been no deal to allow Wiggins to retire with his pension.
The victim has told police that Wiggins befriended her and her family when she started attending his karate class when she was 10.
Two years later, according to court records, Wiggins drove her to Fairmount Park in his van and exposed himself to her. A week later, he again took her to the park in his van and sexually assaulted her, the records said.
Over eight years, Wiggins sexually and physically assault the girl in his van, at his home, and elsewhere, the records said.
Internal Affairs first interviewed the victim in August 2007.
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Thursday, January 14, 2010
Lawswuit Filed by Two Students Who Were Tasered
Two federal lawsuits each seek more than $10 million on behalf of two Illinois 12-year-olds allegedly shocked during an unauthorized Taser demonstration by a school officer.
Police say the officer is on administrative leave following the Tuesday incident at a junior high in Kankakee, about 60 miles south of Chicago.
The officer allegedly used the Taser on three students who volunteered for the demonstration. A parent later took one student to a hospital, where he was examined and released.
The lawsuits filed Thursday name the police officer, the city, the school district and two teachers. Messages seeking comment have been left with city and school district officials.
The boys' attorney, James Meeks, says they also want the officer fired and criminal charges filed.
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Police say the officer is on administrative leave following the Tuesday incident at a junior high in Kankakee, about 60 miles south of Chicago.
The officer allegedly used the Taser on three students who volunteered for the demonstration. A parent later took one student to a hospital, where he was examined and released.
The lawsuits filed Thursday name the police officer, the city, the school district and two teachers. Messages seeking comment have been left with city and school district officials.
The boys' attorney, James Meeks, says they also want the officer fired and criminal charges filed.
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Sheriff Deputy Investigated for Sex with Teen Boy
A Montgomery County Sheriff's Deputy is being investigated after reports that he had sex with a teenage boy he met on the Internet.
Another man, from West Carrollton, was arrested in the case after the 17-year-old said he engaged in separate sexual encounters with both men.
The sergeant, whose name was not released, has been placed on medical leave while the case is investigated, and he has not been charged with anything.
Warren County is handling the investigation into the deputy because the alleged incident occurred there.
Deputies arrested 49-year-old Kevin Hetzer on three charges – unlawful sexual contact, pandering obscenity and pandering sexually-oriented material – after searching his home Thursday.
Investigators said Hetzer owns a transportation company and often travels out of state with youth groups in the community.
The boy said he met Hetzer through craigslist.org, investigators said, and is currently undergoing treatment for drug addiction, where he told a counselor about the alleged encounters.
Authorities said the teen likely had sexual encounters with other area men.
Another man, from West Carrollton, was arrested in the case after the 17-year-old said he engaged in separate sexual encounters with both men.
The sergeant, whose name was not released, has been placed on medical leave while the case is investigated, and he has not been charged with anything.
Warren County is handling the investigation into the deputy because the alleged incident occurred there.
Deputies arrested 49-year-old Kevin Hetzer on three charges – unlawful sexual contact, pandering obscenity and pandering sexually-oriented material – after searching his home Thursday.
Investigators said Hetzer owns a transportation company and often travels out of state with youth groups in the community.
The boy said he met Hetzer through craigslist.org, investigators said, and is currently undergoing treatment for drug addiction, where he told a counselor about the alleged encounters.
Authorities said the teen likely had sexual encounters with other area men.
Officer Raymond Bessette Has History of Complaints
Even before the videotape surfaced of a Nov. 27 arrest which shows him striking a drug suspect with a flashlight, the record of police misconduct allegations involving patrolman Jeffrey M. Asher was coming under increased scrutiny.
Details of the Police Department’s handling of seven civilian complaints brought against Asher over the past 12 years will play a role in the defense of New York man accused of assaulting Asher during his arrest at a downtown club in October 2008.
The Police Department internal investigations records about Asher were turned over in November by the city to a lawyer for Raymond Bessette, 34, of North Granville, N.Y.
Bessette is due to face trial on Jan. 22 in District Court where he has pleaded innocent to charges of assault and battery on a police officer and trespassing. He may claim self-defense, his lawyer Frank Flannery advised the court in filings.
Flannery was successful in seeking access to the Police Department internal investigations records for Asher, including those involving incidents in which the 16-year veteran was charged with using excessive force and inappropriate conduct.
Jeffrey M. Asher Asher is now among four officers under both internal and criminal investigations in connection with the Nov. 27 arrest of Melvin Jones III during a traffic stop on Rifle Street. Asher was identified in a police report of that incident as having struck Jones repeatedly during a scuffle which ensued when the suspect tried to flee the scene and then grabbed another officer’s gun.
According to a police report of the Oct. 19, 2008, incident, police were called to the Salty Dog club at 280 Bridge St. Asher and another officer were taking Bessette, who they said was drunk and disruptive, out of the club shortly after midnight when Bessette struck Asher open-handed in the chest, according to the report.
The report states that as the police officers were escorting Bessette from the bar he lost his footing and fell in the parking lot outside, getting a minor scrape.
In preparation for trial, Flannery filed a motion asking that the city be ordered to provide all internal investigation records about Asher for seven different incidents, including the 1997 case in which Asher and the department drew national attention. In that case, Asher was also caught on videotape, kicking a suspect in the head while he was restrained by other officers.
District Court Judge Jacques C. Leroy ordered the city to provide the records. Only the defense can look at the records, and they are sealed from public review, according to the judge’s order. Flannery confirmed that he has seen the records but declined to comment further.
The defense filing states that Bessette says he never struck Asher. Bessette claims Asher struck him in the shoulder with his fist, shoved him down a hallway and then threw him through swinging doors, according to the court document.
In the most recent incident involving Asher, the suspect, the 28-year-old Jones, according to his father, reportedly suffered fractures to the bones in his face and remains partially blind in one eye.
Among the incidents for which Flannery sought records are:
• The 1997 suspension of Asher without pay by the Police Commission for kicking Roy Parker, a drug suspect, who was restrained and being handcuffed by two officers. Asher was cleared of criminal wrongdoing, and an original year-long suspension was later overturned and reduced to six months.
• A 2004 incident in which Asher was among a group of officers who were the subjects of a brutality complaint by a black school principal injured by police while he was in the throes of a diabetic seizure in his car at a South End gas station. After a month-long review, the Police Commission voted 3-2 to exonerate the officers. The city paid a $180,000 settlement.
• A 1994 incident which did not come to light until after the Parker case in which the city paid $75,000 in 2000 to settle a brutality complaint against Asher and another officer, Daniel Brunton. Michael J. Cuzzone, of Springfield, claimed he was beaten unconscious by Asher on May 26, 1994, after Cuzzone’s friend had a dispute with Asher’s father, Michael Asher, a bartender at Donnie’s Cafe on Chestnut Street. The city made no admission of wrongdoing in paying the settlement, and neither Asher nor Brunton was disciplined by the Police Department.
• A 12-day suspension of Asher without pay for violation of departmental rules and regulations for an incident that occurred on Clyde Street on Jan. 29, 2001. A complaint was filed by a 12-year-old boy, Luis D. Soto, and his mother, Rosa M. Sepulveda, both of Springfield. They said the side mirror of Asher’s cruiser hit the boy’s right arm while the boy was walking with friends. The child required treatment at Baystate Medical Center.
• Asher’s reprimand in 2005 by then acting Police Commissioner William J. Fitchet for “failing to show respectful treatment” in connection with a resident’s complaint of mistreatment in April related to Asher’s response to a dog attack. Jerry A. Belair, of Nassau Drive, said his encounter with Asher occurred when he was attempting to take his injured dog to an animal hospital after the pet was attacked by a pit bull outside his home. Belair said that despite repeated pleas to take his bleeding dog to the hospital, Asher detained him for more than 90 minutes, stated he was under arrest, handcuffed him and placed him a cruiser, all without cause. Asher denied wrongdoing, but Fitchet issued the reprimand and it was about this time that Asher was transferred to inside duty in the department’s Records Division.
• A 1995 case which resulted in a civil lawsuit filed by a former Springfield man, Brent Whitley. The Whitley case was dismissed in 1999 after Whitley appeared to lose interest in the matter and failed to contact his lawyer or appear in U.S. District Court. Whitley had claimed he was doused with a chemical spray, clubbed, arrested and pushed down stairs by Asher and another officer during his arrest on charges for which he was later acquitted.
• A 2004 incident in which, Holly M. Marion, 24, filed a complaint with the Police Department, saying Asher punched her in the face and broke her left leg on Oct. 7 as emergency workers responded to a call about a drug overdose at 75 Avon Place. Marion admitted, according to police reports of the incident, that she threatened to “stab” Asher with a hypodermic needle if he “didn’t let go” but later told him she did not have a weapon.
Details of the Police Department’s handling of seven civilian complaints brought against Asher over the past 12 years will play a role in the defense of New York man accused of assaulting Asher during his arrest at a downtown club in October 2008.
The Police Department internal investigations records about Asher were turned over in November by the city to a lawyer for Raymond Bessette, 34, of North Granville, N.Y.
Bessette is due to face trial on Jan. 22 in District Court where he has pleaded innocent to charges of assault and battery on a police officer and trespassing. He may claim self-defense, his lawyer Frank Flannery advised the court in filings.
Flannery was successful in seeking access to the Police Department internal investigations records for Asher, including those involving incidents in which the 16-year veteran was charged with using excessive force and inappropriate conduct.
Jeffrey M. Asher Asher is now among four officers under both internal and criminal investigations in connection with the Nov. 27 arrest of Melvin Jones III during a traffic stop on Rifle Street. Asher was identified in a police report of that incident as having struck Jones repeatedly during a scuffle which ensued when the suspect tried to flee the scene and then grabbed another officer’s gun.
According to a police report of the Oct. 19, 2008, incident, police were called to the Salty Dog club at 280 Bridge St. Asher and another officer were taking Bessette, who they said was drunk and disruptive, out of the club shortly after midnight when Bessette struck Asher open-handed in the chest, according to the report.
The report states that as the police officers were escorting Bessette from the bar he lost his footing and fell in the parking lot outside, getting a minor scrape.
In preparation for trial, Flannery filed a motion asking that the city be ordered to provide all internal investigation records about Asher for seven different incidents, including the 1997 case in which Asher and the department drew national attention. In that case, Asher was also caught on videotape, kicking a suspect in the head while he was restrained by other officers.
District Court Judge Jacques C. Leroy ordered the city to provide the records. Only the defense can look at the records, and they are sealed from public review, according to the judge’s order. Flannery confirmed that he has seen the records but declined to comment further.
The defense filing states that Bessette says he never struck Asher. Bessette claims Asher struck him in the shoulder with his fist, shoved him down a hallway and then threw him through swinging doors, according to the court document.
In the most recent incident involving Asher, the suspect, the 28-year-old Jones, according to his father, reportedly suffered fractures to the bones in his face and remains partially blind in one eye.
Among the incidents for which Flannery sought records are:
• The 1997 suspension of Asher without pay by the Police Commission for kicking Roy Parker, a drug suspect, who was restrained and being handcuffed by two officers. Asher was cleared of criminal wrongdoing, and an original year-long suspension was later overturned and reduced to six months.
• A 2004 incident in which Asher was among a group of officers who were the subjects of a brutality complaint by a black school principal injured by police while he was in the throes of a diabetic seizure in his car at a South End gas station. After a month-long review, the Police Commission voted 3-2 to exonerate the officers. The city paid a $180,000 settlement.
• A 1994 incident which did not come to light until after the Parker case in which the city paid $75,000 in 2000 to settle a brutality complaint against Asher and another officer, Daniel Brunton. Michael J. Cuzzone, of Springfield, claimed he was beaten unconscious by Asher on May 26, 1994, after Cuzzone’s friend had a dispute with Asher’s father, Michael Asher, a bartender at Donnie’s Cafe on Chestnut Street. The city made no admission of wrongdoing in paying the settlement, and neither Asher nor Brunton was disciplined by the Police Department.
• A 12-day suspension of Asher without pay for violation of departmental rules and regulations for an incident that occurred on Clyde Street on Jan. 29, 2001. A complaint was filed by a 12-year-old boy, Luis D. Soto, and his mother, Rosa M. Sepulveda, both of Springfield. They said the side mirror of Asher’s cruiser hit the boy’s right arm while the boy was walking with friends. The child required treatment at Baystate Medical Center.
• Asher’s reprimand in 2005 by then acting Police Commissioner William J. Fitchet for “failing to show respectful treatment” in connection with a resident’s complaint of mistreatment in April related to Asher’s response to a dog attack. Jerry A. Belair, of Nassau Drive, said his encounter with Asher occurred when he was attempting to take his injured dog to an animal hospital after the pet was attacked by a pit bull outside his home. Belair said that despite repeated pleas to take his bleeding dog to the hospital, Asher detained him for more than 90 minutes, stated he was under arrest, handcuffed him and placed him a cruiser, all without cause. Asher denied wrongdoing, but Fitchet issued the reprimand and it was about this time that Asher was transferred to inside duty in the department’s Records Division.
• A 1995 case which resulted in a civil lawsuit filed by a former Springfield man, Brent Whitley. The Whitley case was dismissed in 1999 after Whitley appeared to lose interest in the matter and failed to contact his lawyer or appear in U.S. District Court. Whitley had claimed he was doused with a chemical spray, clubbed, arrested and pushed down stairs by Asher and another officer during his arrest on charges for which he was later acquitted.
• A 2004 incident in which, Holly M. Marion, 24, filed a complaint with the Police Department, saying Asher punched her in the face and broke her left leg on Oct. 7 as emergency workers responded to a call about a drug overdose at 75 Avon Place. Marion admitted, according to police reports of the incident, that she threatened to “stab” Asher with a hypodermic needle if he “didn’t let go” but later told him she did not have a weapon.
Probation Official Richard Asperger Charged with Theft
A long-time Madison County probation official faces felony charges of theft and obstructing justice.
A grand jury today accused 53-year-old Richard N. Asperger of stealing $355 cash from a woman’s purse in Troy, Ill., on Nov. 22 and lying to police about it. Bail was set at $5,000 and Asperger was expected to surrender to authorities.
Asperger is human services administrator in the county’s Probation and Court Services Department and has been with the department for 25 years. Chief Judge Ann Callis and Probation and Court Services Director Judith Dallas late today said they planned “prompt and appropriate action” regarding Asperger’s employment status.
Charles Zalar, a special prosecutor with the state’s appellate prosecutor’s office, said an 85-year-old Troy woman left her purse in a shopping cart at a Walgreens store. Zalar said the woman soon realized the purse was missing, returned to the store and was given the purse and a bank envelope that had been in the purse. There was some money in the envelope but $355 was missing.
Zalar said Asperger gave the purse to a pharmacist and later pointed out the envelope to store personnel. The prosecutor said a surveillance video contradicted Asperger’s statements to police about the matter.
Madison County State’s Attorney William Mudge requested a special prosecutor for the case to avoid potential conflict of interest.
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A grand jury today accused 53-year-old Richard N. Asperger of stealing $355 cash from a woman’s purse in Troy, Ill., on Nov. 22 and lying to police about it. Bail was set at $5,000 and Asperger was expected to surrender to authorities.
Asperger is human services administrator in the county’s Probation and Court Services Department and has been with the department for 25 years. Chief Judge Ann Callis and Probation and Court Services Director Judith Dallas late today said they planned “prompt and appropriate action” regarding Asperger’s employment status.
Charles Zalar, a special prosecutor with the state’s appellate prosecutor’s office, said an 85-year-old Troy woman left her purse in a shopping cart at a Walgreens store. Zalar said the woman soon realized the purse was missing, returned to the store and was given the purse and a bank envelope that had been in the purse. There was some money in the envelope but $355 was missing.
Zalar said Asperger gave the purse to a pharmacist and later pointed out the envelope to store personnel. The prosecutor said a surveillance video contradicted Asperger’s statements to police about the matter.
Madison County State’s Attorney William Mudge requested a special prosecutor for the case to avoid potential conflict of interest.
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Officer Lawrence Furlow Arrested For Shaking Down Drug Dealers
The state Attorney General’s Office has decided to retry its case against a Newark police officer accused of shaking down drug dealers for money, drugs and guns, after his first trial ended last month with a hung jury.
The officer, Lawrence Furlow, 49, was arrested in 2004 and charged with conspiracy, official misconduct and theft, according to the original indictment.
A new trial isn’t expected to begin until May because Furlow’s attorney, Thomas Ashley, is handling a death penalty case in Philadelphia, authorities said.
Attorneys on both sides will meet Friday morning with Superior Court Judge Peter Ryan in Newark to set a new trial date, said Peter Aseltine, a spokesman for the attorney general’s office.
Ashley, who represented Furlow in the previous trial that ended Dec. 16 with a hung jury, said he intends to stay on as counsel. He said his client was "heartened" when the jury revealed it had voted, 8-4, in favor of acquittal, before deadlocking.
Furlow’s arrest — along with fellow officer Darius Smith — was part of a larger investigation by the state Division of Criminal Justice and Newark police into allegations so-called rogue officers robbed drug dealers and prostitutes, resold drugs and sold guns, planted drugs on victims and filed false reports over a three-year period.
Smith, 38, whose charges mirror Furlow’s, will be tried separately. His trial will start March 23, according to court records.
Both men, who are out on bail, have been suspended from the police department since their arrests more than five years ago. Ashley said Furlow, who has been on the force since 1996, has found other employment, but is only making "a modicum of a living."
Smith’s attorney, Raymond Beam Jr., could not be reached for comment.
Deputy Attorneys General Annmarie Taggart and Mark Ondris will prosecute the case against Furlow. Office policy prohibits attorneys from discussing an ongoing case, Aseltine said.
Furlow and Smith were implicated by another police officer, Tyrone Dudley, who went into witness protection after pleading guilty to participating in the thefts.
The charges against Furlow cover December 2001 to 2003, when he patrolled the West Ward. Authorities say he took cash, drugs and weapons from drug dealers, criminal suspects and others by shaking them down. He also planted drugs on other victims to increase his arrests and cover up his illegal actions, according to the original indictment.
Ashley said his client denies any wrongdoing and "professes his innocence. I am very confident that at the end of the day, he will be absolutely innocent."
The officer, Lawrence Furlow, 49, was arrested in 2004 and charged with conspiracy, official misconduct and theft, according to the original indictment.
A new trial isn’t expected to begin until May because Furlow’s attorney, Thomas Ashley, is handling a death penalty case in Philadelphia, authorities said.
Attorneys on both sides will meet Friday morning with Superior Court Judge Peter Ryan in Newark to set a new trial date, said Peter Aseltine, a spokesman for the attorney general’s office.
Ashley, who represented Furlow in the previous trial that ended Dec. 16 with a hung jury, said he intends to stay on as counsel. He said his client was "heartened" when the jury revealed it had voted, 8-4, in favor of acquittal, before deadlocking.
Furlow’s arrest — along with fellow officer Darius Smith — was part of a larger investigation by the state Division of Criminal Justice and Newark police into allegations so-called rogue officers robbed drug dealers and prostitutes, resold drugs and sold guns, planted drugs on victims and filed false reports over a three-year period.
Smith, 38, whose charges mirror Furlow’s, will be tried separately. His trial will start March 23, according to court records.
Both men, who are out on bail, have been suspended from the police department since their arrests more than five years ago. Ashley said Furlow, who has been on the force since 1996, has found other employment, but is only making "a modicum of a living."
Smith’s attorney, Raymond Beam Jr., could not be reached for comment.
Deputy Attorneys General Annmarie Taggart and Mark Ondris will prosecute the case against Furlow. Office policy prohibits attorneys from discussing an ongoing case, Aseltine said.
Furlow and Smith were implicated by another police officer, Tyrone Dudley, who went into witness protection after pleading guilty to participating in the thefts.
The charges against Furlow cover December 2001 to 2003, when he patrolled the West Ward. Authorities say he took cash, drugs and weapons from drug dealers, criminal suspects and others by shaking them down. He also planted drugs on other victims to increase his arrests and cover up his illegal actions, according to the original indictment.
Ashley said his client denies any wrongdoing and "professes his innocence. I am very confident that at the end of the day, he will be absolutely innocent."
Kind Act of Stranger Lands Him in Jail
We're learning more about a Eugene man, Ben Bond, who was fined $810 after a confrontation with a meter maid. The trouble started Wednesday when Bond tried paying the expired parking meters of strangers.
Outside the Fifth Street Market is where Ben Bond was arrested. He admits he fed the expired meters of strangers and used profanity at one point when he stopped his truck and confronted a Eugene parking enforcement officer. He says he never physically got in her way and was just trying to make sure other people avoided getting hit with parking tickets.
"They asked me what I was doing and I said 'Trying to keep the meter maid from getting a cramp in her hand from writing tickets'. And they instantly said 'Put your change in your pocket. You are under arrest,' " said Bond.
Ben Bond never believed putting a few coins in a few parking meters could lead to this. "The handcuff marks are still on my hands," said Bond.
The 30-year old was arrested by Eugene Police Wednesday and charged with Harassment and Obstruction of Governmental Administration after a run in with one of the city's parking enforcement officers. What sparked the incident was what Bond considered an act of kindness: putting coins in the expired parking meters of strangers.
"Got into my truck, and she pulled right here right as I was getting ready to put the money in and she said she saw that it was expired and that she's still getting a ticket," said Bond.
The parking services employee advised him to stop, then she moved on down Fifth Street.
"Had a pocket full of change and decided nobody else needs to get a ticket on this street and decided to change everybody up," said Bond.
Bond admits to stopping his truck next to the parking attendant outside the Fifth Street Market and confronting her. "I told her 'I don't think you're a crappy person, but what you're doing is a crappy ordeal," said Bond.
Bond parked, paid his own meter, then continued to pay others. "When I pulled up across the block, she instantly just stopped doing her job and I figured she was calling the police and I stuck around and waited for them," said Bond.
Three officers arrived, and within moments Bond was in cuffs and in a police cruiser. "I didn't have a chance from the get go. As soon as they showed up, I think minds were made up that I was going to be arrested and fined," said Bond.
Meanwhile, KEZI 9 News spoke with another witness to this incident. He didn't want to go on camera, but what he says corroborates much of Bond's recollection of events that the only time Bond confronted the parking officer was from inside his truck and he did not block her from doing her job. He says Bond disappeared for a short time as police were called to the scene. Bond says he intends to fight his charges in court.
When our photographer arrived at the scene Wednesday night, the responding police officers left before we could contact them. We made four separate calls to the Eugene Police Department. None were returned before our story first aired.
The Eugene Police Department spoke with KEZI 9 News Thursday morning. They were eager to talk with us and tell their side of the story. We sat down with EPD's Patrol Captain Rich Stronach.
It should be noted though, Captain Stronach was not on the scene, had not seen a copy of the report, and said he only had a brief talk with one of the responding police officers.
"This guy was running ahead and putting coins in the meters as the parking control officer would stop to begin writing citations," said Eugene Police Capt. Rich Stronach.
Captain Rich Stronach says that's not what led to 30-year-old Ben Bond's arrest, but he claims Bond's verbal assaults and following a parking enforcement officer is what landed him in the back of a patrol car.
"She did finally start to feel physically intimidated. I can't tell you what was said, I haven't seen the report like I said, I don't know what exactly he said," said Capt. Stronach. "Eventually got to the point where she felt threatened enough where she contacted police."
KEZI 9 News asked further about that physical intimidation.
"What the officer described to me was over the course of several blocks, of this parking control officer trying to do her job, that he continually followed along was interfering with her. I'm going to assume her way was blocked, exactly what went on I can't tell you. Like I said I wasn't there, I haven't even read the report. I spoke with the officer briefly this morning about it," said Capt. Stronach.
But after our cameras were off, Stronach called the officer and told KEZI 9 News that Bond did not physically block the parking enforcement officer from doing her job. Stronach says when officers arrived on the scene Bond wasn't around. It was later while three EPD officers were talking to the parking control officer that Bond walked by. According to Capt. Stronach, after talking with him, police put him in handcuffs and into the patrol car. "The officers elected to put him in handcuffs, and it was very non eventful. Contrary to one account where he was thrown up against the wall, that did not occur," said Stronach.
However, five witnesses who spoke with KEZI 9 News say otherwise. They say he was handled harshly. "The only thing I can suggest to the people that reported to your cameraman that they're perception is that they were seeing what was going on at this one particular point. Again, parking control officers deal with this stuff all the time just not to this extent," said Capt. Stronach.
Police cited Bond for Harassment and Obstructing Governmental Administration. With Bond's citations, he had two options: spend the night in jail or receive a citation for $810, stop his behavior, and leave the area. He opted for the fine and left.
The harassment charge comes with a $280 fine. Obstructing Governmental Administration packs a $530 fine. The harassment charge is for those verbal assaults, but what is the obstruction of governmental administration for if it wasn't for plugging parking meters?
The definition according to Oregon law states, "If the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle."
So how was Bond hindering the parking enforcement officer from doing her job? Police say he did not block her, those verbal assaults were for the harassment charge. He was filling those meters though, but police say he wasn't charged for that. Bond is set to appear in court on January 28th, and he plans to fight it.
KEZI 9 News also spoke to Mayor Kitty Piercy about the incident. She maintains this is not a case about plugging a meter but rather someone harassing a city employee.
While EPD maintains that Bond was not actually fined for plugging meters, there is an ordinance on the books that says it's illegal to feed other people's meters.
The city though says that law's not enforced. In turn, Mayor Piercy says she stands by the actions of everyone involved on the city's side of things.
"The message from me to the people of this community is if they think we would ever send an officer out over a meter plugging incident, we wouldn't. And secondly, we do support and admire people who try to be Good Samaritans and help their fellow citizens," said Piercy.
Mayor Piercy says, while Ben Bond may have been trying to be a Good Samaritan, that's not what this case is about.
"It's really about what happened after that where an employee doing her job was harassed and intimidated and felt so frightened for her well being she had to call the police to help her out. That's the issue that's at hand," says Piercy.
City Councilor Mike Clark agrees. "At the end of the day, I think it's a good idea to try and do the Good Samaritan type of thing that he was doing, but it's a bad idea to harass and follow people down the street when you're mad about it," said Clark. "You don't get to yell and you don't get to threaten city employees, even if they behave dumb or mean."
What both Clark and the mayor are assuming of course is that Bond's story isn't true. As it stands, the city has yet to offer up an interview with any of the officers who were on the scene or the woman who Bond had the confrontation with. That's all stacked against the eyewitness accounts who say Bond was not physically threatening or impeding the officer.
Meanwhile, Clark says situations like this could be avoided if the city would just get rid of meters in the first place. "People are sick to death of getting tickets at parking meters, and that's why I've been trying to get rid of them for a year. I think that's what really creates the rub her," said Clark.
When KEZI 9 News spoke to parking services Wednesday morning, they initially agreed to speak to us, though they stipulated they would only talk about parking operations and not about the incident itself. They told KEZI 9 News they first needed to check in with the police department. From that point on though, they did not get back to us and did not return any of our calls.
Outside the Fifth Street Market is where Ben Bond was arrested. He admits he fed the expired meters of strangers and used profanity at one point when he stopped his truck and confronted a Eugene parking enforcement officer. He says he never physically got in her way and was just trying to make sure other people avoided getting hit with parking tickets.
"They asked me what I was doing and I said 'Trying to keep the meter maid from getting a cramp in her hand from writing tickets'. And they instantly said 'Put your change in your pocket. You are under arrest,' " said Bond.
Ben Bond never believed putting a few coins in a few parking meters could lead to this. "The handcuff marks are still on my hands," said Bond.
The 30-year old was arrested by Eugene Police Wednesday and charged with Harassment and Obstruction of Governmental Administration after a run in with one of the city's parking enforcement officers. What sparked the incident was what Bond considered an act of kindness: putting coins in the expired parking meters of strangers.
"Got into my truck, and she pulled right here right as I was getting ready to put the money in and she said she saw that it was expired and that she's still getting a ticket," said Bond.
The parking services employee advised him to stop, then she moved on down Fifth Street.
"Had a pocket full of change and decided nobody else needs to get a ticket on this street and decided to change everybody up," said Bond.
Bond admits to stopping his truck next to the parking attendant outside the Fifth Street Market and confronting her. "I told her 'I don't think you're a crappy person, but what you're doing is a crappy ordeal," said Bond.
Bond parked, paid his own meter, then continued to pay others. "When I pulled up across the block, she instantly just stopped doing her job and I figured she was calling the police and I stuck around and waited for them," said Bond.
Three officers arrived, and within moments Bond was in cuffs and in a police cruiser. "I didn't have a chance from the get go. As soon as they showed up, I think minds were made up that I was going to be arrested and fined," said Bond.
Meanwhile, KEZI 9 News spoke with another witness to this incident. He didn't want to go on camera, but what he says corroborates much of Bond's recollection of events that the only time Bond confronted the parking officer was from inside his truck and he did not block her from doing her job. He says Bond disappeared for a short time as police were called to the scene. Bond says he intends to fight his charges in court.
When our photographer arrived at the scene Wednesday night, the responding police officers left before we could contact them. We made four separate calls to the Eugene Police Department. None were returned before our story first aired.
The Eugene Police Department spoke with KEZI 9 News Thursday morning. They were eager to talk with us and tell their side of the story. We sat down with EPD's Patrol Captain Rich Stronach.
It should be noted though, Captain Stronach was not on the scene, had not seen a copy of the report, and said he only had a brief talk with one of the responding police officers.
"This guy was running ahead and putting coins in the meters as the parking control officer would stop to begin writing citations," said Eugene Police Capt. Rich Stronach.
Captain Rich Stronach says that's not what led to 30-year-old Ben Bond's arrest, but he claims Bond's verbal assaults and following a parking enforcement officer is what landed him in the back of a patrol car.
"She did finally start to feel physically intimidated. I can't tell you what was said, I haven't seen the report like I said, I don't know what exactly he said," said Capt. Stronach. "Eventually got to the point where she felt threatened enough where she contacted police."
KEZI 9 News asked further about that physical intimidation.
"What the officer described to me was over the course of several blocks, of this parking control officer trying to do her job, that he continually followed along was interfering with her. I'm going to assume her way was blocked, exactly what went on I can't tell you. Like I said I wasn't there, I haven't even read the report. I spoke with the officer briefly this morning about it," said Capt. Stronach.
But after our cameras were off, Stronach called the officer and told KEZI 9 News that Bond did not physically block the parking enforcement officer from doing her job. Stronach says when officers arrived on the scene Bond wasn't around. It was later while three EPD officers were talking to the parking control officer that Bond walked by. According to Capt. Stronach, after talking with him, police put him in handcuffs and into the patrol car. "The officers elected to put him in handcuffs, and it was very non eventful. Contrary to one account where he was thrown up against the wall, that did not occur," said Stronach.
However, five witnesses who spoke with KEZI 9 News say otherwise. They say he was handled harshly. "The only thing I can suggest to the people that reported to your cameraman that they're perception is that they were seeing what was going on at this one particular point. Again, parking control officers deal with this stuff all the time just not to this extent," said Capt. Stronach.
Police cited Bond for Harassment and Obstructing Governmental Administration. With Bond's citations, he had two options: spend the night in jail or receive a citation for $810, stop his behavior, and leave the area. He opted for the fine and left.
The harassment charge comes with a $280 fine. Obstructing Governmental Administration packs a $530 fine. The harassment charge is for those verbal assaults, but what is the obstruction of governmental administration for if it wasn't for plugging parking meters?
The definition according to Oregon law states, "If the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle."
So how was Bond hindering the parking enforcement officer from doing her job? Police say he did not block her, those verbal assaults were for the harassment charge. He was filling those meters though, but police say he wasn't charged for that. Bond is set to appear in court on January 28th, and he plans to fight it.
KEZI 9 News also spoke to Mayor Kitty Piercy about the incident. She maintains this is not a case about plugging a meter but rather someone harassing a city employee.
While EPD maintains that Bond was not actually fined for plugging meters, there is an ordinance on the books that says it's illegal to feed other people's meters.
The city though says that law's not enforced. In turn, Mayor Piercy says she stands by the actions of everyone involved on the city's side of things.
"The message from me to the people of this community is if they think we would ever send an officer out over a meter plugging incident, we wouldn't. And secondly, we do support and admire people who try to be Good Samaritans and help their fellow citizens," said Piercy.
Mayor Piercy says, while Ben Bond may have been trying to be a Good Samaritan, that's not what this case is about.
"It's really about what happened after that where an employee doing her job was harassed and intimidated and felt so frightened for her well being she had to call the police to help her out. That's the issue that's at hand," says Piercy.
City Councilor Mike Clark agrees. "At the end of the day, I think it's a good idea to try and do the Good Samaritan type of thing that he was doing, but it's a bad idea to harass and follow people down the street when you're mad about it," said Clark. "You don't get to yell and you don't get to threaten city employees, even if they behave dumb or mean."
What both Clark and the mayor are assuming of course is that Bond's story isn't true. As it stands, the city has yet to offer up an interview with any of the officers who were on the scene or the woman who Bond had the confrontation with. That's all stacked against the eyewitness accounts who say Bond was not physically threatening or impeding the officer.
Meanwhile, Clark says situations like this could be avoided if the city would just get rid of meters in the first place. "People are sick to death of getting tickets at parking meters, and that's why I've been trying to get rid of them for a year. I think that's what really creates the rub her," said Clark.
When KEZI 9 News spoke to parking services Wednesday morning, they initially agreed to speak to us, though they stipulated they would only talk about parking operations and not about the incident itself. They told KEZI 9 News they first needed to check in with the police department. From that point on though, they did not get back to us and did not return any of our calls.
Three Calgary Officers Charged with Using Excessive Force
Three Calgary police officers were charged with assault Wednesday after motorists in two separate incidents accused them of using excessive force.
In the first case, which dates back to December 2008, a pair of officers were charged with assault following a physical altercation with a 50-year-old man they pulled over.
The second incident involved a single officer who used a Taser during a struggle with a 73-year-old man pulled over for a traffic violation.
Police said they have interviewed independent witnesses who saw the second encounter in April 2009.
While police and the association that represents the rank-and-file stressed they will let the courts decide whether the actions were justified, officials on both sides said they don't believe the officers deliberately crossed the line.
"Our officers are called upon to make split-second decisions," said deputy Chief Al Redford.
"I am totally confident none of these three officers reported for duty . . . with the intention of committing a criminal offence; they reported for duty with the intention of enforcing the law."
President of the Calgary Police Association, John Dooks, echoed Redford's sentiment, and added the officers in both cases were reacting to a perceived threat from the motorists.
In the 2008 incident, the two officers were responding to a call about a motorist behaving erratically in the area around 17th Avenue S.E. in Forest Lawn, Dooks said.
The man didn't pull over when the officers first activated the lights and sirens on their marked cruiser, Dooks said.
When the 50-year-old motorist did pull over, he didn't comply with instructions and reached for one of the officers while still behind the wheel of his vehicle, said Dooks.
"That is a grave risk," he said, adding an officer had been dragged by a motorist the night before.
There was a struggle between the man and the officers, resulting in the motorist filing a formal complaint with police.
The incident happened at 2:15 a.m. and there were no independent witnesses, but an independent Crown prosecutor recommended charging the officers after reviewing the findings of an investigation by the Calgary police professional standards section.
The two officers, who each have four years' experience, have been charged with assault and are on administrative duties pending the outcome of the court case.
In the second case, a six-year member of the force patrolling in a marked cruiser pulled over a 73-year-old man for a traffic violation in the northeast Calgary on the afternoon of April 17, 2009.
"During his dealings with the officer, the motorist was non-compliant with the officer's demands and instructions," Dooks said.
The two became involved in a physical confrontation -- though neither police nor the association said what sparked it -- and the officer had to defend himself, said Dooks.
"The officer was losing the struggle and as a result, resorted to the Taser to subdue the individual," he said.
The officer involved in the Taser incident has been charged with assault with a weapon and assault causing bodily harm. He is also on administrative duties until the allegations are dealt with. The driver of the car was charged with a traffic violation.
The courts will render a verdict on whether the officers should have reacted the way they did, but Dooks said both confrontations could have been avoided if the motorists simply followed instructions.
"I would not, in either case, try to paint these motorists as sinister individuals."
But traffic stops are high-risk situations for officers because motorists can easily conceal weapons or use their vehicles to injure officers, making immediate compliance especially vital, said Dooks.
"Any time an officer approaches a vehicle, it's always the motorist or the offender who has the advantage. There are lots of grey areas for officers, and on safety issues, they'll err on the side of safety."
Police did not release the names of the officers who have been charged, citing a recently instituted policy against publicly identifying members who have been accused of an offence while carrying out their duties.
The intent, Redford said, is to prevent harassment against the officers and their families in cases where they may have simply been doing their jobs.
"We will give them the benefit of the doubt," he said.
Under the policy, police will release the names of the officers if they are convicted. As well, the policy does not protect the identity of officers accused of committing serious crimes while off-duty.
In the first case, which dates back to December 2008, a pair of officers were charged with assault following a physical altercation with a 50-year-old man they pulled over.
The second incident involved a single officer who used a Taser during a struggle with a 73-year-old man pulled over for a traffic violation.
Police said they have interviewed independent witnesses who saw the second encounter in April 2009.
While police and the association that represents the rank-and-file stressed they will let the courts decide whether the actions were justified, officials on both sides said they don't believe the officers deliberately crossed the line.
"Our officers are called upon to make split-second decisions," said deputy Chief Al Redford.
"I am totally confident none of these three officers reported for duty . . . with the intention of committing a criminal offence; they reported for duty with the intention of enforcing the law."
President of the Calgary Police Association, John Dooks, echoed Redford's sentiment, and added the officers in both cases were reacting to a perceived threat from the motorists.
In the 2008 incident, the two officers were responding to a call about a motorist behaving erratically in the area around 17th Avenue S.E. in Forest Lawn, Dooks said.
The man didn't pull over when the officers first activated the lights and sirens on their marked cruiser, Dooks said.
When the 50-year-old motorist did pull over, he didn't comply with instructions and reached for one of the officers while still behind the wheel of his vehicle, said Dooks.
"That is a grave risk," he said, adding an officer had been dragged by a motorist the night before.
There was a struggle between the man and the officers, resulting in the motorist filing a formal complaint with police.
The incident happened at 2:15 a.m. and there were no independent witnesses, but an independent Crown prosecutor recommended charging the officers after reviewing the findings of an investigation by the Calgary police professional standards section.
The two officers, who each have four years' experience, have been charged with assault and are on administrative duties pending the outcome of the court case.
In the second case, a six-year member of the force patrolling in a marked cruiser pulled over a 73-year-old man for a traffic violation in the northeast Calgary on the afternoon of April 17, 2009.
"During his dealings with the officer, the motorist was non-compliant with the officer's demands and instructions," Dooks said.
The two became involved in a physical confrontation -- though neither police nor the association said what sparked it -- and the officer had to defend himself, said Dooks.
"The officer was losing the struggle and as a result, resorted to the Taser to subdue the individual," he said.
The officer involved in the Taser incident has been charged with assault with a weapon and assault causing bodily harm. He is also on administrative duties until the allegations are dealt with. The driver of the car was charged with a traffic violation.
The courts will render a verdict on whether the officers should have reacted the way they did, but Dooks said both confrontations could have been avoided if the motorists simply followed instructions.
"I would not, in either case, try to paint these motorists as sinister individuals."
But traffic stops are high-risk situations for officers because motorists can easily conceal weapons or use their vehicles to injure officers, making immediate compliance especially vital, said Dooks.
"Any time an officer approaches a vehicle, it's always the motorist or the offender who has the advantage. There are lots of grey areas for officers, and on safety issues, they'll err on the side of safety."
Police did not release the names of the officers who have been charged, citing a recently instituted policy against publicly identifying members who have been accused of an offence while carrying out their duties.
The intent, Redford said, is to prevent harassment against the officers and their families in cases where they may have simply been doing their jobs.
"We will give them the benefit of the doubt," he said.
Under the policy, police will release the names of the officers if they are convicted. As well, the policy does not protect the identity of officers accused of committing serious crimes while off-duty.
Former Officer Stephen Wassel Pleads Guilty to Using Excessive Force
A former police officer has admitted to using excessive force on a 12-year-old concerning a stolen bike.
Stephen Wassel pleaded guilty Wednesday to a disorderly persons offense and paid a $750 fine. The 47-year-old Hamburg resident retired from the Fair Lawn Police force after the April incident.
The child's mother said her son's friend was stopped after stealing a bike. Police also called for the boy to stop. But Hansel Castillo ran away.
Authorities said the officer grabbed the boy by his head and smashed his face into the pavement.
The boy was never charged in the bike case. A lawyer for the child said he plans to file a lawsuit against Fair Lawn.
Stephen Wassel pleaded guilty Wednesday to a disorderly persons offense and paid a $750 fine. The 47-year-old Hamburg resident retired from the Fair Lawn Police force after the April incident.
The child's mother said her son's friend was stopped after stealing a bike. Police also called for the boy to stop. But Hansel Castillo ran away.
Authorities said the officer grabbed the boy by his head and smashed his face into the pavement.
The boy was never charged in the bike case. A lawyer for the child said he plans to file a lawsuit against Fair Lawn.
Two Detroit Officer Under Investigation for Fraud
One Detroit police officer is suspended and another is under investigation in alleged time-card fraud that has cost the department more than $15,000, the Free Press has learned.
Police Chief Warren Evans confirmed the internal investigation, which he said could lead to criminal charges against at least two officers. The cases will be forwarded to the Wayne County Prosecutor’s Office to determine if charges such as fraud or obtaining money under false pretenses are warranted.
The department declined to release the officers’ names, citing personnel issues, but said that both work in the department’s Eastern District. Their supervisor is also under investigation for approving their fraudulent time cards, said police spokesman John Roach.
“I’m trying to find money to hire police officers and get equipment to make our streets safer,” Evans said today. “There’s no way in the world I’m going to tolerate this.”
He said some of the officers’ colleagues alerted the administration to the alleged fraud, prompting the month-long investigation.
In one case, a male officer was moonlighting working security at St. John Hospital and Medical Center in Detroit, and his shifts overlapped by up to a couple of hours, Evans said. The officer would leave his department patrol early to go to his night hospital job, while still getting paid by the city.
Roach said the department estimates the officer bilked the city out of $15,000 over more than a year.
The other case involved a female officer who submitted fraudulent activity logs while on vacation out of the country, Evans said. The department confirmed she was not in Detroit, as her time logs stated, and was paid her normal salary for what should have been vacation days.
“I’m running a police department, but I’m running a business, too,” Evans said. “This cannot happen.”
The male officer is suspended with pay until the Detroit Board of Police Commissioners meeting today, when Evans said he plans to recommend that he be suspended without pay. Evans said he intends to follow suit with the female officer.
Police Chief Warren Evans confirmed the internal investigation, which he said could lead to criminal charges against at least two officers. The cases will be forwarded to the Wayne County Prosecutor’s Office to determine if charges such as fraud or obtaining money under false pretenses are warranted.
The department declined to release the officers’ names, citing personnel issues, but said that both work in the department’s Eastern District. Their supervisor is also under investigation for approving their fraudulent time cards, said police spokesman John Roach.
“I’m trying to find money to hire police officers and get equipment to make our streets safer,” Evans said today. “There’s no way in the world I’m going to tolerate this.”
He said some of the officers’ colleagues alerted the administration to the alleged fraud, prompting the month-long investigation.
In one case, a male officer was moonlighting working security at St. John Hospital and Medical Center in Detroit, and his shifts overlapped by up to a couple of hours, Evans said. The officer would leave his department patrol early to go to his night hospital job, while still getting paid by the city.
Roach said the department estimates the officer bilked the city out of $15,000 over more than a year.
The other case involved a female officer who submitted fraudulent activity logs while on vacation out of the country, Evans said. The department confirmed she was not in Detroit, as her time logs stated, and was paid her normal salary for what should have been vacation days.
“I’m running a police department, but I’m running a business, too,” Evans said. “This cannot happen.”
The male officer is suspended with pay until the Detroit Board of Police Commissioners meeting today, when Evans said he plans to recommend that he be suspended without pay. Evans said he intends to follow suit with the female officer.
Officer Andrew Biggs Demoted for Shooting Wal-Mart Shoplifter
Gilbert Police Chief Tim Dorn has demoted a police officer who was off duty when he shot an alleged accomplice to a shoplifting suspect during a scuffle.
Gilbert Police Officer Andrew "Chad" Biggs said he feared for his life after being physically attacked by a Sacaton woman he suspected of shoplifting from a Walmart late Aug. 9.
As Veronica Rodriguez, 25, continued threw punches and slaps upon the off-duty officer, her boyfriend, Therin Castillo, 28, advanced on him, recently released police reports state.
Biggs, the son of state Rep. Andy Biggs, R-Gilbert, pulled his handgun tucked in a cargo pant pocket and fired, hitting Castillo in the groin.
While a Maricopa County Attorney's Office shooting review panel last month cleared Biggs of criminal wrongdoing, an internal investigation approved by Dorn found differently.
On Dec. 16, an internal affairs panel ruled Biggs broke four policies and recommended the officer of more than two years be fired. In a Dec. 29 memo to Biggs, Dorn opted to demote the officer to a 911 dispatcher.
"Based on your actions and decisions, continued assignment as a police officer exposes you, your family, your fellow officers and the public to unacceptable risk," Dorn wrote.
Biggs began his position as a dispatcher Jan. 4, but is contesting the chief's decision.
"It's very sad to see a chief do this type of action," said Biggs' attorney, Kathryn Baillie. "What he's telling his officers is that they don't have a right to defend themselves."
The internal affairs panel found Biggs violated four policies including: use of force, wearing a uniform in public view, wearing a uniform while off duty, and taking action while off duty.
Criminal charges are pending against Castillo and Rodriguez, who recently went before a grand jury, said Sgt. Mark Marino, a police spokesman. Castillo has convictions for shoplifting in December 2006 and June 2009, and failure to appear in June 2009 on the latter shoplifting charge, records show.
After the shooting, Biggs was treated at Mercy Gilbert Medical Center for a contusion to his head and abrasions suffered from Rodriguez's alleged assault.
But therein lies the problem, Dorn writes.
"You utilized deadly force on the male suspect who had made no verbal threats and had not committed any physical assault on you," Dorn states. "She was obviously the aggressor in this incident."
Biggs told internal investigators his wife and their two young children picked him up from the department's San Tan District office after he finished his shift just after 9 a.m. Aug. 9.
He and his family were on their way home about 11 p.m. when they decided to stop at the Walmart at 2501 S. Market Street.
Biggs told investigators his wife advised him against going into the store in his partial uniform, which is against department policy. However, Biggs "reasoned" with her and the family went inside the store, the report states.
As Biggs walked into the store, he saw Rodriguez giggling as she allegedly placed an object under her shirt and proceed out the door.
"Officer Biggs then advised Rodriguez, 'Gilbert Police, you need to come back in the store,'" internal police documents state.
He reached for the woman's arm, and she then turned around and "began flailing" punches and slaps at him. Biggs then yelled for someone to call 911 as Rodriguez continued walking to the parking lot with Biggs and Castillo following.
"I knew there was nobody else there that'd be able to stop them," Biggs told investigators. "Initially I was going to stop her for the property and then, you know, then I have a fleeing suspect who's now assaulted a police officer. It's, you know, it's my duty to protect life and property."
In an interview with police, Rodriguez said she didn't recall anything that happened "due to the amount of alcohol she consumed."
While in the parking lot, Castillo walked between 15 to 30 feet of Biggs, who ordered him to "get on the ground." Castillo refused, Biggs said, and Rodriguez came at him punching again.
Biggs' cell phone and eye glasses were knocked away from him and he drew his gun "because I thought they were going to hurt me."
Biggs managed to knock Rodriguez to the ground, but let her up when Castillo advanced on him. The officer then backed up to near the entrance to the store, as Rodriguez and Castillo followed.
Castillo continued to advance on Biggs and the officer pulled his handgun again.
"I don't know if backup's coming and (Castillo) was now coming at me," Biggs stated. "He was coming to beat me up and I thought that he was going to kill me . . . he continued to come at me and that's at the point I shot."
"I didn't want to shoot him at the time either, but I kind of felt - I just felt I had to stop him. I felt sick to my stomach."
The bullet hit Castillo in the scrotum. Rodriguez then advanced and began hitting the officer again.
Biggs holstered his gun and "punched her right in the face and she completely collapsed right in front of me," he stated. Seconds later additional officers arrived and Rodriguez was handcuffed and dragged to a nearby police car.
Castillo was transported to a local hospital.
Gilbert Police Officer Andrew "Chad" Biggs said he feared for his life after being physically attacked by a Sacaton woman he suspected of shoplifting from a Walmart late Aug. 9.
As Veronica Rodriguez, 25, continued threw punches and slaps upon the off-duty officer, her boyfriend, Therin Castillo, 28, advanced on him, recently released police reports state.
Biggs, the son of state Rep. Andy Biggs, R-Gilbert, pulled his handgun tucked in a cargo pant pocket and fired, hitting Castillo in the groin.
While a Maricopa County Attorney's Office shooting review panel last month cleared Biggs of criminal wrongdoing, an internal investigation approved by Dorn found differently.
On Dec. 16, an internal affairs panel ruled Biggs broke four policies and recommended the officer of more than two years be fired. In a Dec. 29 memo to Biggs, Dorn opted to demote the officer to a 911 dispatcher.
"Based on your actions and decisions, continued assignment as a police officer exposes you, your family, your fellow officers and the public to unacceptable risk," Dorn wrote.
Biggs began his position as a dispatcher Jan. 4, but is contesting the chief's decision.
"It's very sad to see a chief do this type of action," said Biggs' attorney, Kathryn Baillie. "What he's telling his officers is that they don't have a right to defend themselves."
The internal affairs panel found Biggs violated four policies including: use of force, wearing a uniform in public view, wearing a uniform while off duty, and taking action while off duty.
Criminal charges are pending against Castillo and Rodriguez, who recently went before a grand jury, said Sgt. Mark Marino, a police spokesman. Castillo has convictions for shoplifting in December 2006 and June 2009, and failure to appear in June 2009 on the latter shoplifting charge, records show.
After the shooting, Biggs was treated at Mercy Gilbert Medical Center for a contusion to his head and abrasions suffered from Rodriguez's alleged assault.
But therein lies the problem, Dorn writes.
"You utilized deadly force on the male suspect who had made no verbal threats and had not committed any physical assault on you," Dorn states. "She was obviously the aggressor in this incident."
Biggs told internal investigators his wife and their two young children picked him up from the department's San Tan District office after he finished his shift just after 9 a.m. Aug. 9.
He and his family were on their way home about 11 p.m. when they decided to stop at the Walmart at 2501 S. Market Street.
Biggs told investigators his wife advised him against going into the store in his partial uniform, which is against department policy. However, Biggs "reasoned" with her and the family went inside the store, the report states.
As Biggs walked into the store, he saw Rodriguez giggling as she allegedly placed an object under her shirt and proceed out the door.
"Officer Biggs then advised Rodriguez, 'Gilbert Police, you need to come back in the store,'" internal police documents state.
He reached for the woman's arm, and she then turned around and "began flailing" punches and slaps at him. Biggs then yelled for someone to call 911 as Rodriguez continued walking to the parking lot with Biggs and Castillo following.
"I knew there was nobody else there that'd be able to stop them," Biggs told investigators. "Initially I was going to stop her for the property and then, you know, then I have a fleeing suspect who's now assaulted a police officer. It's, you know, it's my duty to protect life and property."
In an interview with police, Rodriguez said she didn't recall anything that happened "due to the amount of alcohol she consumed."
While in the parking lot, Castillo walked between 15 to 30 feet of Biggs, who ordered him to "get on the ground." Castillo refused, Biggs said, and Rodriguez came at him punching again.
Biggs' cell phone and eye glasses were knocked away from him and he drew his gun "because I thought they were going to hurt me."
Biggs managed to knock Rodriguez to the ground, but let her up when Castillo advanced on him. The officer then backed up to near the entrance to the store, as Rodriguez and Castillo followed.
Castillo continued to advance on Biggs and the officer pulled his handgun again.
"I don't know if backup's coming and (Castillo) was now coming at me," Biggs stated. "He was coming to beat me up and I thought that he was going to kill me . . . he continued to come at me and that's at the point I shot."
"I didn't want to shoot him at the time either, but I kind of felt - I just felt I had to stop him. I felt sick to my stomach."
The bullet hit Castillo in the scrotum. Rodriguez then advanced and began hitting the officer again.
Biggs holstered his gun and "punched her right in the face and she completely collapsed right in front of me," he stated. Seconds later additional officers arrived and Rodriguez was handcuffed and dragged to a nearby police car.
Castillo was transported to a local hospital.
Lt. Gregory Melvin Accused of Belittling Officers
A rift in the Police Department has resulted in an investigation into a police lieutenant whose behavior, in a letter from 20 fellow officers to city leaders, was described as belittling and unprofessional.
The investigation into Lt. Gregory Melvin was prompted by the allegations officers made in their complaint, Orange City Police Chief Jeffrey Baskoff said.
Melvin is not on suspension or under any disciplinary action while the investigation is conducted, City Attorney Gary Glassman said.
The Daytona Beach News-Journal obtained a copy of the complaint, written on Police Department letterhead, sent to Baskoff. It is signed by 20 officers who wrote down their badge numbers next to their signatures. The only officers excluded are the chief, Melvin, a commander and a sergeant. The officers who signed the complaint said they no longer have confidence in Melvin's leadership.
In the letter, the officers accuse Melvin of belittling them in public time and time again, ignoring the chain of command and being unprofessional on the road, "so much so, that every one of us would prefer that he not respond to our calls."
Melvin has an "unharnessed and unpredictable temper and escalates every scene he responds to," the officers also said in the letter.
The complaint states that many officers are on the verge of resignation because of Melvin's behavior and that morale in the department has reached an all-time low, and "nothing short of the lieutenant's resignation/termination will rectify the irreparable damage he caused."
Melvin could not be reached for comment Wednesday, and Baskoff said neither he nor Melvin will speak on the matter.
"We will not discuss anything whatsoever that has to do with that complaint," Baskoff said.
Information in the complaint is all the information about Melvin that could be obtained by The News-Journal as the chief and city officials are keeping his records secret.
Baskoff ignored a written public records request from the newspaper for documents regarding Melvin. The request asked for Melvin's personnel, disciplinary, performance and evaluation files. The newspaper also asked for Melvin's job specifications, records of suspension, commendations and completed internal affairs reports.
Baskoff responded to the newspaper's request after nine days, only after The News-Journal made repeated calls to the city attorney, Glassman, and after a visit to the police station and City Hall. Glassman promised the records would be available for inspection Wednesday morning but by late Wednesday, Baskoff had not granted access to the files.
"We are not official record-keepers," Baskoff said. "We don't hold the records. You sent me the request and I sent it to the city clerk."
City Clerk Debbie Renner said Wednesday staff members are working on the request.
Barbara Petersen, attorney and president of the First Amendment Foundation in Tallahassee, said the "jerking around" by officials goes against the requirement of the public records law.
"There is a requirement under public records law that requires an agency to respond promptly and in good faith, and produce records within a reasonable time," Petersen said. "For it to take eight days to get a copy of a personnel file is not prompt and reasonable. There is a violation of the prompt-response requirement."
"You are asking for something for which you have the constitutional right to have access to."
Orange City Mayor Harley Strickland also declined to comment, stating the city attorney directed him not to say anything about the complaint.
But the mayor's brother James Hugh Strickland, a lifelong resident who maintains a blog about city affairs called "Birds Sleep With One Eye Open," said there is concern in the community about how the chief and city manager are handling the situation.
James Strickland said when officers "are willing to put their names and badge numbers in a complaint, it's an indication that the problem has been going on for a long time."
The investigation into Lt. Gregory Melvin was prompted by the allegations officers made in their complaint, Orange City Police Chief Jeffrey Baskoff said.
Melvin is not on suspension or under any disciplinary action while the investigation is conducted, City Attorney Gary Glassman said.
The Daytona Beach News-Journal obtained a copy of the complaint, written on Police Department letterhead, sent to Baskoff. It is signed by 20 officers who wrote down their badge numbers next to their signatures. The only officers excluded are the chief, Melvin, a commander and a sergeant. The officers who signed the complaint said they no longer have confidence in Melvin's leadership.
In the letter, the officers accuse Melvin of belittling them in public time and time again, ignoring the chain of command and being unprofessional on the road, "so much so, that every one of us would prefer that he not respond to our calls."
Melvin has an "unharnessed and unpredictable temper and escalates every scene he responds to," the officers also said in the letter.
The complaint states that many officers are on the verge of resignation because of Melvin's behavior and that morale in the department has reached an all-time low, and "nothing short of the lieutenant's resignation/termination will rectify the irreparable damage he caused."
Melvin could not be reached for comment Wednesday, and Baskoff said neither he nor Melvin will speak on the matter.
"We will not discuss anything whatsoever that has to do with that complaint," Baskoff said.
Information in the complaint is all the information about Melvin that could be obtained by The News-Journal as the chief and city officials are keeping his records secret.
Baskoff ignored a written public records request from the newspaper for documents regarding Melvin. The request asked for Melvin's personnel, disciplinary, performance and evaluation files. The newspaper also asked for Melvin's job specifications, records of suspension, commendations and completed internal affairs reports.
Baskoff responded to the newspaper's request after nine days, only after The News-Journal made repeated calls to the city attorney, Glassman, and after a visit to the police station and City Hall. Glassman promised the records would be available for inspection Wednesday morning but by late Wednesday, Baskoff had not granted access to the files.
"We are not official record-keepers," Baskoff said. "We don't hold the records. You sent me the request and I sent it to the city clerk."
City Clerk Debbie Renner said Wednesday staff members are working on the request.
Barbara Petersen, attorney and president of the First Amendment Foundation in Tallahassee, said the "jerking around" by officials goes against the requirement of the public records law.
"There is a requirement under public records law that requires an agency to respond promptly and in good faith, and produce records within a reasonable time," Petersen said. "For it to take eight days to get a copy of a personnel file is not prompt and reasonable. There is a violation of the prompt-response requirement."
"You are asking for something for which you have the constitutional right to have access to."
Orange City Mayor Harley Strickland also declined to comment, stating the city attorney directed him not to say anything about the complaint.
But the mayor's brother James Hugh Strickland, a lifelong resident who maintains a blog about city affairs called "Birds Sleep With One Eye Open," said there is concern in the community about how the chief and city manager are handling the situation.
James Strickland said when officers "are willing to put their names and badge numbers in a complaint, it's an indication that the problem has been going on for a long time."
Chief Matthew Nestor Charged with Obstructing Justice
A police chief charged with obstructing justice in the fatal beating of a Mexican immigrant by white teenagers in northeastern Pennsylvania can be released from jail until his trial.
A federal judge granted bail to Shenandoah police Chief Matthew Nestor on Thursday. Nestor and two other officers are accused of orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez in July 2008.
Two teens were convicted of assault in Ramirez's death. They also face federal hate crime charges.
Nestor is also awaiting trial in another case. Prosecutors charged him and another officer in December with extorting cash payoffs from illegal gambling operations and a local businessman.
The other officers charged have been released on home confinement.
A federal judge granted bail to Shenandoah police Chief Matthew Nestor on Thursday. Nestor and two other officers are accused of orchestrating a cover-up as the FBI investigated the fatal attack on Luis Ramirez in July 2008.
Two teens were convicted of assault in Ramirez's death. They also face federal hate crime charges.
Nestor is also awaiting trial in another case. Prosecutors charged him and another officer in December with extorting cash payoffs from illegal gambling operations and a local businessman.
The other officers charged have been released on home confinement.
Former Officer Frank Suprenard Trying to Clear His Name
A former police officer accused of doctoring his time sheets is trying to clear his name.
A court found Frank Suprenard guilty of stealing from the town of Freedom, N.H., while he worked for the Police Department. The Carroll County Attorney’s Office said Suprenard now wants a jury to reconsider that conviction.
Suprenard’s appeal is scheduled for later this month.
Suprenard is free because the court decided not to sentence him to jail time for the conviction.
A court found Frank Suprenard guilty of stealing from the town of Freedom, N.H., while he worked for the Police Department. The Carroll County Attorney’s Office said Suprenard now wants a jury to reconsider that conviction.
Suprenard’s appeal is scheduled for later this month.
Suprenard is free because the court decided not to sentence him to jail time for the conviction.
Officer Daniel Shafranek Charged with OWI
Ottumwa Police Chief Jim Clark confirmed Tuesday that one of his officers is on administrative leave after a weekend arrest.
Officer Daniel Shafranek, 33, was charged with operating a motor vehicle while intoxicated by an Iowa State Patrol trooper on Sunday. The charge is a serious misdemeanor but could have a major impact on Shafranek’s career with the OPD.
Clark said his department is conducting an internal investigation into the arrest.
Shafranek is a relatively new hire for the department. He started work in Ottumwa last February.
This appears to be Shafranek’s first OWI charge. Aggravated misdemeanors can carry up to two years in prison upon conviction, but such a stiff penalty would be very unusual for a first-time offense.
Officer Daniel Shafranek, 33, was charged with operating a motor vehicle while intoxicated by an Iowa State Patrol trooper on Sunday. The charge is a serious misdemeanor but could have a major impact on Shafranek’s career with the OPD.
Clark said his department is conducting an internal investigation into the arrest.
Shafranek is a relatively new hire for the department. He started work in Ottumwa last February.
This appears to be Shafranek’s first OWI charge. Aggravated misdemeanors can carry up to two years in prison upon conviction, but such a stiff penalty would be very unusual for a first-time offense.
Wednesday, January 13, 2010
Officer Jesus Sanchez in Court for Sexual Assault
A Salinas police officer charged arrested in July on suspicion of three counts of sexual assault was in court Tuesday. Prosecutors opted to charge Jesus Sanchez with two counts of sexual battery instead.
Tuesday Sanchez waived his right to a preliminary hearing and will go directly to trial.
The alleged assualt dates back to May of 2002 through May of 2005.
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Tuesday Sanchez waived his right to a preliminary hearing and will go directly to trial.
The alleged assualt dates back to May of 2002 through May of 2005.
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Previous Post
Officer Angelo Passanisi Accused of Staging Hit-and-Run
The city police officer accused of staging a hit-and-run to cover-up his own accident applied for accelerated rehabilitation in Middletown Superior Court Tuesday.
Angelo Passanisi, along with his attorney, John Kelly, filed the necessary paperwork for the program with Judge Elpedio Vitale and now must wait until Feb. 17 to find out if the program will be granted.
Accelerated rehabilitation, also called AR, is a program that gives persons charged with a crime or motor vehicle violation for the first time a second chance. The person is placed on probation for up to two years. If probation is completed satisfactorily, the charges are dismissed.
Before Passanisi’s next court date Feb. 17, lawyers for the state will contact the alleged victim in the case to see if they object to the program being granted. In this case, the victim would be Passanisi’s car insurance company, whom he is accused of defrauding.
The company that insured Passanisi’s Jetta, Massachusetts-based Hanover Insurance Co., paid out $4,400 for work to repair the vehicle, with more money requested, and paid for a rental car for Passanisi to use while his car was being fixed.
Passanisi, who is free on $2,500 bond, is charged with tampering and fabricating evidence, insurance fraud and falsely reporting an accident in the second-degree.
After a night spent with friends at a local bar Sept. 23, Passanisi, 25, of Middletown, allegedly crashed his 2001 Volkswagen Jetta into a telephone pole while driving too fast and then made it look as though the damage had been done to his parked car by a vehicle that then fled.
Immediately following the crash, Passanisi reportedly contacted a fellow officer and informed him of the accident. The officer and Passanisi had spent time together earlier in the evening at a city bar. Passanisi would not tell the officer where the accident occurred but informed him that he was alright, according to the arrest warrant.
According to court records, Passanisi later reported to Middletown police at 2:45 a.m. that a vehicle sideswiped his parked car on Prout Hill Road and then drove off. A Middletown police officer came to the scene and took an accident report, and two officers unsuccessfully canvassed the area in search of a suspect vehicle, according to court records.
Passanisi confided in a fellow officer the next day that he had created an accident scene by placing pieces of debris from his damaged car on a lawn, according to court records.
The officer, who told his supervisor about the conversation on Oct. 14 and made a written statement the next day, wrote in the statement that though he never spoke of the incident with Passanisi again after the initial phone call, he heard Passanisi retell the story of his parked car getting hit and saw him driving a new truck, according to court records.
Also according to court records, the officer said he eventually came forward because he did not want to risk losing his job for someone else’s mistake.
According to court records, there was no evidence of paint transfer, usually present on a car that has been sideswiped, on Passanisi’s Volkswagen.
Passanisi has been a member of the Middletown Police Department since February 2008, and is currently on paid administrative leave pending the results of an internal affairs investigation.
Angelo Passanisi, along with his attorney, John Kelly, filed the necessary paperwork for the program with Judge Elpedio Vitale and now must wait until Feb. 17 to find out if the program will be granted.
Accelerated rehabilitation, also called AR, is a program that gives persons charged with a crime or motor vehicle violation for the first time a second chance. The person is placed on probation for up to two years. If probation is completed satisfactorily, the charges are dismissed.
Before Passanisi’s next court date Feb. 17, lawyers for the state will contact the alleged victim in the case to see if they object to the program being granted. In this case, the victim would be Passanisi’s car insurance company, whom he is accused of defrauding.
The company that insured Passanisi’s Jetta, Massachusetts-based Hanover Insurance Co., paid out $4,400 for work to repair the vehicle, with more money requested, and paid for a rental car for Passanisi to use while his car was being fixed.
Passanisi, who is free on $2,500 bond, is charged with tampering and fabricating evidence, insurance fraud and falsely reporting an accident in the second-degree.
After a night spent with friends at a local bar Sept. 23, Passanisi, 25, of Middletown, allegedly crashed his 2001 Volkswagen Jetta into a telephone pole while driving too fast and then made it look as though the damage had been done to his parked car by a vehicle that then fled.
Immediately following the crash, Passanisi reportedly contacted a fellow officer and informed him of the accident. The officer and Passanisi had spent time together earlier in the evening at a city bar. Passanisi would not tell the officer where the accident occurred but informed him that he was alright, according to the arrest warrant.
According to court records, Passanisi later reported to Middletown police at 2:45 a.m. that a vehicle sideswiped his parked car on Prout Hill Road and then drove off. A Middletown police officer came to the scene and took an accident report, and two officers unsuccessfully canvassed the area in search of a suspect vehicle, according to court records.
Passanisi confided in a fellow officer the next day that he had created an accident scene by placing pieces of debris from his damaged car on a lawn, according to court records.
The officer, who told his supervisor about the conversation on Oct. 14 and made a written statement the next day, wrote in the statement that though he never spoke of the incident with Passanisi again after the initial phone call, he heard Passanisi retell the story of his parked car getting hit and saw him driving a new truck, according to court records.
Also according to court records, the officer said he eventually came forward because he did not want to risk losing his job for someone else’s mistake.
According to court records, there was no evidence of paint transfer, usually present on a car that has been sideswiped, on Passanisi’s Volkswagen.
Passanisi has been a member of the Middletown Police Department since February 2008, and is currently on paid administrative leave pending the results of an internal affairs investigation.
Trial Begins for Deputy Gregory Bowden Accused of Enticing Child
The trial of a former Bibb County deputy accused of enticing a child for sex began Tuesday.
Gregory Todd Bowden, 43, of Byron, is accused of making arrangements in an online chat room to meet a mother and her 7-year-old daughter in Sandy Springs for sex. Unknown to him, he was chatting with an undercover FBI agent assigned to the Innocent Images Task Force.
In opening statements Tuesday morning in federal court, Bowden’s attorney said Bowden never believed the child was real or that she would be waiting for him when he arrived in Sandy Springs in 2009.
Instead, Bowden was planning on role playing with the woman he’d been chatting with using an incestuous fantasy, Macon attorney Franklin J. Hogue.
“He’s not proud of that. He’s shamed by that,” Hogue said. “But that is legal to do.”
But prosecutor Robert McBurney said Bowden had the intent to have sex with the fictional 7-year-old girl.
Sandy Springs police detective Elizabeth Concepcion, an FBI agent, testified she was monitoring a chat room in October 2008 when Bowden sent her a message. In an effort to catch individuals exploiting children, she portrayed a 30-year-old woman with a 7-year-old daughter.
In testimony that spanned at least three hours, Concepcion walked jurors through the chat room discussions, e-mails and phone conversations she had with Bowden between October 2008 and his arrest Feb. 11, 2009.
Jurors followed along on electronic monitors as McBurney and Concepcion read portions of sexually explicit chats and e-mails. They also viewed photos exchanged by the FBI agent and Bowden, including photos of a man’s genitals, a photo of Bowden’s face and a photo Concepcion sent Bowden portraying a woman and a child.
The conversation began with Bowden asking if Concepcion’s online identity, Tiff, would join an online role-playing relationship with Bowden and another person, she testified.
She replied saying that she was only interested in real-world activity. Over several chats, the conversation evolved to Bowden planning to meet Tiff and her daughter in Sandy Springs for sex, she said.
In chats and phone conversations, Bowden discussed how the girl would handle the situation, “good touch, bad touch” lessons taught in schools and assurance that the girl wouldn’t talk about the sexual encounter. On the morning of the planned meeting, Bowden called “Tiff” and said he was excited and nervous, but he also expressed concern.
“I don’t want to go to jail,” he said.
Concepcion testified she was waiting in the parking lot of a J. Christopher’s restaurant in Sandy Springs when Bowden circled the parking lot without parking. She said it looked like he was looking for police.
Police and FBI agents arrested him when he parked.
Michael Yoder, the FBI coordinator for Atlanta’s Innocent Images Task Force in February 2009, testified that Bowden told agents he didn’t think the girl was real.
But at some point in the FBI interview, Yoder said Bowden said he traveled to Atlanta to meet with “a 30ish-year-old woman and her daughter.”
Yoder said agents didn’t know Bowden was a Bibb County deputy until he told them he was “a cop” while he was being arrested.
In the days after his arrest, authorities seized a laptop computer from Bowden’s home and found 307 images of suspected child pornography, Concepcion testified.
David Freyman, a member of the FBI’s computer analysis response team, testified he found “registry cleaners” on Bowden’s computer that are used to erase a user’s online history.
While he didn’t find files of Bowden’s chats with Concepcion on the computer, he said he found references to them on the laptop.
He also found copies of other chats. At least one appeared to be with a father who claimed to being sexually active with his 12-year-old daughter.
Sexually explicit photos sent by both the father and Bowden also were recovered.
Freyman said he also found records of multiple chats in which Bowden and other people set a scene for sexual role-play discussions.
The prosecution rested its case Tuesday, and the defense is expected to begin this morning. Jury deliberations are expected to begin this afternoon.
If convicted, Bowden faces a minimum penalty of 10 years in prison and a maximum sentence of 20 years.
Information from The Telegraph’s archives was used in this report.
Previos Post
Gregory Todd Bowden, 43, of Byron, is accused of making arrangements in an online chat room to meet a mother and her 7-year-old daughter in Sandy Springs for sex. Unknown to him, he was chatting with an undercover FBI agent assigned to the Innocent Images Task Force.
In opening statements Tuesday morning in federal court, Bowden’s attorney said Bowden never believed the child was real or that she would be waiting for him when he arrived in Sandy Springs in 2009.
Instead, Bowden was planning on role playing with the woman he’d been chatting with using an incestuous fantasy, Macon attorney Franklin J. Hogue.
“He’s not proud of that. He’s shamed by that,” Hogue said. “But that is legal to do.”
But prosecutor Robert McBurney said Bowden had the intent to have sex with the fictional 7-year-old girl.
Sandy Springs police detective Elizabeth Concepcion, an FBI agent, testified she was monitoring a chat room in October 2008 when Bowden sent her a message. In an effort to catch individuals exploiting children, she portrayed a 30-year-old woman with a 7-year-old daughter.
In testimony that spanned at least three hours, Concepcion walked jurors through the chat room discussions, e-mails and phone conversations she had with Bowden between October 2008 and his arrest Feb. 11, 2009.
Jurors followed along on electronic monitors as McBurney and Concepcion read portions of sexually explicit chats and e-mails. They also viewed photos exchanged by the FBI agent and Bowden, including photos of a man’s genitals, a photo of Bowden’s face and a photo Concepcion sent Bowden portraying a woman and a child.
The conversation began with Bowden asking if Concepcion’s online identity, Tiff, would join an online role-playing relationship with Bowden and another person, she testified.
She replied saying that she was only interested in real-world activity. Over several chats, the conversation evolved to Bowden planning to meet Tiff and her daughter in Sandy Springs for sex, she said.
In chats and phone conversations, Bowden discussed how the girl would handle the situation, “good touch, bad touch” lessons taught in schools and assurance that the girl wouldn’t talk about the sexual encounter. On the morning of the planned meeting, Bowden called “Tiff” and said he was excited and nervous, but he also expressed concern.
“I don’t want to go to jail,” he said.
Concepcion testified she was waiting in the parking lot of a J. Christopher’s restaurant in Sandy Springs when Bowden circled the parking lot without parking. She said it looked like he was looking for police.
Police and FBI agents arrested him when he parked.
Michael Yoder, the FBI coordinator for Atlanta’s Innocent Images Task Force in February 2009, testified that Bowden told agents he didn’t think the girl was real.
But at some point in the FBI interview, Yoder said Bowden said he traveled to Atlanta to meet with “a 30ish-year-old woman and her daughter.”
Yoder said agents didn’t know Bowden was a Bibb County deputy until he told them he was “a cop” while he was being arrested.
In the days after his arrest, authorities seized a laptop computer from Bowden’s home and found 307 images of suspected child pornography, Concepcion testified.
David Freyman, a member of the FBI’s computer analysis response team, testified he found “registry cleaners” on Bowden’s computer that are used to erase a user’s online history.
While he didn’t find files of Bowden’s chats with Concepcion on the computer, he said he found references to them on the laptop.
He also found copies of other chats. At least one appeared to be with a father who claimed to being sexually active with his 12-year-old daughter.
Sexually explicit photos sent by both the father and Bowden also were recovered.
Freyman said he also found records of multiple chats in which Bowden and other people set a scene for sexual role-play discussions.
The prosecution rested its case Tuesday, and the defense is expected to begin this morning. Jury deliberations are expected to begin this afternoon.
If convicted, Bowden faces a minimum penalty of 10 years in prison and a maximum sentence of 20 years.
Information from The Telegraph’s archives was used in this report.
Previos Post
Officer Bradley Jardis Called Unstable by Fellow Officers Returns to Work
A police officer who was called "unstable" by fellow officers and described by his chief as someone who "shouldn't wear the badge" of a law enforcement agency says he'll be back on the job tomorrow.
Officer Bradley Jardis is returning to work after passing a psychological evaluation ordered by selectmen who refused to fire him despite Police Chief Gregory Dodge's recommendation that he be terminated.
Jardis, 29, of Hooksett, is returning to the force after being suspended and placed on paid leave following an internal investigation. The probe resulted from a disagreement between him and then-Sgt. Sean Gallagher over the handling of a case last July.
In August, Dodge ordered that Jardis be suspended for insubordination and violating police procedures. Dodge recommended that Jardis be fired in October.
Jardis fought the suspension and demanded that a hearing on his appeal held on Nov. 30 be done in public.
Jardis has long claimed that he's been targeted by other officers who don't like him because of his political views and his affiliation with Law Enforcement Against Prohibition, a group pushing for the legalization of drugs.
Selectmen upheld the suspension, but decided against firing Jardis, who argued that the town had no grounds for termination.
During the public hearing, Dodge painted Jardis as a man who couldn't be trusted, has used poor judgment, and is a "liability to the town." Dodge also told selectmen that other officers voiced concern about Jardis' return, saying they feel he isn't stable and could exploit them by exposing personal and work-related issues. A statement of those concerns was signed by five officers.
Jardis has insisted that the chief brought up incidents from years ago during the November hearing that never resulted in any disciplinary action against him.
Dodge was unavailable for comment yesterday.
Selectmen agreed to reinstate Jardis depending on the results of a psychological evaluation. That test was completed on Jan. 5 with a doctor in Manchester at a cost of $5,775 to the town.
In his written report, Jardis said the doctor concluded that he was "fit for duty." Yesterday, Jardis said there was not a "single shred of evidence (submitted at the hearing) to prove anything to the contrary about my mental status, with the exception of a signed statement by five obviously disgruntled coworkers." Jardis also said it was "unfortunate that people were embarrassed by my choice to exercise my right to inform the public of everything, but embarrassment of other town employees does not make me 'mentally unstable,' nor does it make me unable to do my job effectively."
When asked whether he has concerns about returning, Jardis said, "I am a professional and will do my job appropriately. I would expect nothing but the same from my fellow co-workers."
Officer Bradley Jardis is returning to work after passing a psychological evaluation ordered by selectmen who refused to fire him despite Police Chief Gregory Dodge's recommendation that he be terminated.
Jardis, 29, of Hooksett, is returning to the force after being suspended and placed on paid leave following an internal investigation. The probe resulted from a disagreement between him and then-Sgt. Sean Gallagher over the handling of a case last July.
In August, Dodge ordered that Jardis be suspended for insubordination and violating police procedures. Dodge recommended that Jardis be fired in October.
Jardis fought the suspension and demanded that a hearing on his appeal held on Nov. 30 be done in public.
Jardis has long claimed that he's been targeted by other officers who don't like him because of his political views and his affiliation with Law Enforcement Against Prohibition, a group pushing for the legalization of drugs.
Selectmen upheld the suspension, but decided against firing Jardis, who argued that the town had no grounds for termination.
During the public hearing, Dodge painted Jardis as a man who couldn't be trusted, has used poor judgment, and is a "liability to the town." Dodge also told selectmen that other officers voiced concern about Jardis' return, saying they feel he isn't stable and could exploit them by exposing personal and work-related issues. A statement of those concerns was signed by five officers.
Jardis has insisted that the chief brought up incidents from years ago during the November hearing that never resulted in any disciplinary action against him.
Dodge was unavailable for comment yesterday.
Selectmen agreed to reinstate Jardis depending on the results of a psychological evaluation. That test was completed on Jan. 5 with a doctor in Manchester at a cost of $5,775 to the town.
In his written report, Jardis said the doctor concluded that he was "fit for duty." Yesterday, Jardis said there was not a "single shred of evidence (submitted at the hearing) to prove anything to the contrary about my mental status, with the exception of a signed statement by five obviously disgruntled coworkers." Jardis also said it was "unfortunate that people were embarrassed by my choice to exercise my right to inform the public of everything, but embarrassment of other town employees does not make me 'mentally unstable,' nor does it make me unable to do my job effectively."
When asked whether he has concerns about returning, Jardis said, "I am a professional and will do my job appropriately. I would expect nothing but the same from my fellow co-workers."
Six Hollywood Officres Fired for Doctoring Police Report
Hollywood police fired six of its own this week -- most of whom were accused of taking part in the doctoring of a police report after a car crash with an alleged drunken driver.
The employees received notices last Wednesday that Police Chief Chad Wagner intended to fire them. But they were given five days to appeal to Wagner and met with the chief and their attorneys Monday.
Tuesday, they were fired: Officers Joel Francisco and Dewey Pressley, Community Service Officer Karim Thomas, Sgt. Andrew Diaz and crime scene technician Andrea Tomassi. A criminal investigation remains open.
Officer Oscar Sola-Vega was terminated for a separate matter related to an accusation that he worked his off-duty detail during his police shift Sept. 25.
The terminations of the other five stem from how they handled the reporting of a car accident about midnight Feb. 16, when Francisco rear-ended Alexandra Torrens-Vilas' car.
In a recording taken while Torrens-Vilas sat in the back seat of a police cruiser, officers can be heard discussing how to distort the facts to shift blame from the officer.
In a copy of that recording posted on The Sun Sentinel, parts of the conversation are muddled but one officer says what sounds like: ``We are going to bend this a little bit because she is drunk, so it is what it is.''
Torrens-Vilas was arrested on a drunken driving charge, but the case was later dropped.
The fired employees are expected to file grievances with City Manager Cameron Benson and ultimately will likely go to arbitration.
Jeff Marano, a union leader for the Police Benevolent Association, said Wagner reacted to the negative nationwide publicity about the case. ``I think it was pressure from elected officials on both the manager and the chief and the PBA is in it for the long road,'' he said.
Does the union have proof elected officials exerted pressure? ``I am hoping we can develop that proof,'' he said.
The union recently submitted a public record request to the city for communications involving Mayor Peter Bober and other officials about the investigations.
Bober could not be reached Wednesday but last week defended the chief's decision.
Attorney Al Milian, representing Diaz, questioned why Wagner fired the workers before the outcome of the state attorney investigation.
``I don't understand why the city of Hollywood decided to terminate them without a criminal probe completed,'' Milian said. ``You don't throw away decades of procedure and due process unless it's been politically motivated.''
But the majority of the City Commission expressed support for Wagner's actions. ``I have absolute full confidence in Chief Wagner and how he has handled it,'' City Commissioner Heidi O'Sheehan said after Wagner announced his intent to fire the employees last week.
Wagner, who rose through the ranks and was named interim police chief in 2007, did not respond to an interview request Wednesday.
The employees received notices last Wednesday that Police Chief Chad Wagner intended to fire them. But they were given five days to appeal to Wagner and met with the chief and their attorneys Monday.
Tuesday, they were fired: Officers Joel Francisco and Dewey Pressley, Community Service Officer Karim Thomas, Sgt. Andrew Diaz and crime scene technician Andrea Tomassi. A criminal investigation remains open.
Officer Oscar Sola-Vega was terminated for a separate matter related to an accusation that he worked his off-duty detail during his police shift Sept. 25.
The terminations of the other five stem from how they handled the reporting of a car accident about midnight Feb. 16, when Francisco rear-ended Alexandra Torrens-Vilas' car.
In a recording taken while Torrens-Vilas sat in the back seat of a police cruiser, officers can be heard discussing how to distort the facts to shift blame from the officer.
In a copy of that recording posted on The Sun Sentinel, parts of the conversation are muddled but one officer says what sounds like: ``We are going to bend this a little bit because she is drunk, so it is what it is.''
Torrens-Vilas was arrested on a drunken driving charge, but the case was later dropped.
The fired employees are expected to file grievances with City Manager Cameron Benson and ultimately will likely go to arbitration.
Jeff Marano, a union leader for the Police Benevolent Association, said Wagner reacted to the negative nationwide publicity about the case. ``I think it was pressure from elected officials on both the manager and the chief and the PBA is in it for the long road,'' he said.
Does the union have proof elected officials exerted pressure? ``I am hoping we can develop that proof,'' he said.
The union recently submitted a public record request to the city for communications involving Mayor Peter Bober and other officials about the investigations.
Bober could not be reached Wednesday but last week defended the chief's decision.
Attorney Al Milian, representing Diaz, questioned why Wagner fired the workers before the outcome of the state attorney investigation.
``I don't understand why the city of Hollywood decided to terminate them without a criminal probe completed,'' Milian said. ``You don't throw away decades of procedure and due process unless it's been politically motivated.''
But the majority of the City Commission expressed support for Wagner's actions. ``I have absolute full confidence in Chief Wagner and how he has handled it,'' City Commissioner Heidi O'Sheehan said after Wagner announced his intent to fire the employees last week.
Wagner, who rose through the ranks and was named interim police chief in 2007, did not respond to an interview request Wednesday.
Officer Richard Evans Arrested for Domestic Violence
A Columbus police officer was arrested on domestic-violence charges after an incident Monday morning at his ex-wife's home in Delaware County.
Richard L. Evans, 41, of 250 East St. in Sunbury, is charged with aggravated menacing, menacing by stalking, domestic violence and two counts of violating a protection order.
A judge ordered the 17-year Police Division veteran to submit to continuous GPS monitoring, to not have any weapons, and to stay away from his ex-wife, Laura L. Evans, who also is a Columbus police officer.
Richard Evans pleaded not guilty to the misdemeanors in Delaware County Municipal Court yesterday. He was being held in the Delaware County jail in lieu of a $150,000 bond.
Columbus police supervisors were notified of Evans' arrest on Monday, said Sgt. Rich Weiner, police spokesman.
A report on the incident gave no details, other than to say that Evans threatened his ex-wife. Delaware County Sheriff Walter L. Davis III did not return a phone call requesting information.
Evans already was under duty restrictions and not allowed to carry a gun because of a protection order prohibiting him from contact with his ex-wife, said Sgt. Jim Gilbert, president of the Fraternal Order of Police Capital City Lodge No. 9.
Delaware County court records show that Laura L. Evans obtained a protection order against her ex-husband on Nov. 23. The couple's marriage ended with a dissolution May 14, 2009, according to Franklin County court records.
After the criminal case is settled, the police internal affairs bureau will investigate Monday's incident, Weiner said.
Evans could face discipline depending on what the investigation finds and what supervisors decide.
The FOP will represent Evans in his administrative cases with the Columbus police, Gilbert said. But he said that Evans is responsible for his own legal representation in the criminal cases in Delaware County.
The couple attended the Columbus Police Academy in 1992, and supervisors then said they were the first husband and wife to go through the training together.
Before that, they both worked as correction officers in Delaware County, according to a 1993 story in The Dispatch.
Richard L. Evans, 41, of 250 East St. in Sunbury, is charged with aggravated menacing, menacing by stalking, domestic violence and two counts of violating a protection order.
A judge ordered the 17-year Police Division veteran to submit to continuous GPS monitoring, to not have any weapons, and to stay away from his ex-wife, Laura L. Evans, who also is a Columbus police officer.
Richard Evans pleaded not guilty to the misdemeanors in Delaware County Municipal Court yesterday. He was being held in the Delaware County jail in lieu of a $150,000 bond.
Columbus police supervisors were notified of Evans' arrest on Monday, said Sgt. Rich Weiner, police spokesman.
A report on the incident gave no details, other than to say that Evans threatened his ex-wife. Delaware County Sheriff Walter L. Davis III did not return a phone call requesting information.
Evans already was under duty restrictions and not allowed to carry a gun because of a protection order prohibiting him from contact with his ex-wife, said Sgt. Jim Gilbert, president of the Fraternal Order of Police Capital City Lodge No. 9.
Delaware County court records show that Laura L. Evans obtained a protection order against her ex-husband on Nov. 23. The couple's marriage ended with a dissolution May 14, 2009, according to Franklin County court records.
After the criminal case is settled, the police internal affairs bureau will investigate Monday's incident, Weiner said.
Evans could face discipline depending on what the investigation finds and what supervisors decide.
The FOP will represent Evans in his administrative cases with the Columbus police, Gilbert said. But he said that Evans is responsible for his own legal representation in the criminal cases in Delaware County.
The couple attended the Columbus Police Academy in 1992, and supervisors then said they were the first husband and wife to go through the training together.
Before that, they both worked as correction officers in Delaware County, according to a 1993 story in The Dispatch.
Sgt. Craig Martin Arrested for Inhaling Substances
Police sergeant arrested 2nd time
An Austin police sergeant has been arrested twice in the past few weeks after Central Texas law enforcement agencies say he was inhaling substances.
Cedar Park police arrested and charged Sgt. Craig Martin early Tuesday with illegal use or inhaling glue or paint, sheriff's spokesman John Foster said. He was booked into the Williamson County Jail but has since been released on bail.
No other details were immediately available.
Martin also was arrested about 3 p.m. Dec. 16 by Kyle police, city spokesman Jerry Hendrix said. Hendrix said that officers were dispatched to a Lowe's parking lot after receiving a report that a man was ingesting a substance from an aerosol can. He was charged with illegal possession and use of glue or paint.
Martin is assigned to supervise detectives in South-Central Austin. He has been placed on restricted duty.
Austin police Chief Art Acevedo said he is disappointed by the arrests of Martin and officer Leonardo Quintana, who was charged with drunken driving early Tuesday in Williamson County.
Acevedo said the department has numerous services available for officers and that "there is really no excuse for that type of behavior."
An Austin police sergeant has been arrested twice in the past few weeks after Central Texas law enforcement agencies say he was inhaling substances.
Cedar Park police arrested and charged Sgt. Craig Martin early Tuesday with illegal use or inhaling glue or paint, sheriff's spokesman John Foster said. He was booked into the Williamson County Jail but has since been released on bail.
No other details were immediately available.
Martin also was arrested about 3 p.m. Dec. 16 by Kyle police, city spokesman Jerry Hendrix said. Hendrix said that officers were dispatched to a Lowe's parking lot after receiving a report that a man was ingesting a substance from an aerosol can. He was charged with illegal possession and use of glue or paint.
Martin is assigned to supervise detectives in South-Central Austin. He has been placed on restricted duty.
Austin police Chief Art Acevedo said he is disappointed by the arrests of Martin and officer Leonardo Quintana, who was charged with drunken driving early Tuesday in Williamson County.
Acevedo said the department has numerous services available for officers and that "there is really no excuse for that type of behavior."
Officer Jessica Phillips Charged with Harassment
A Saint Paul police officer is accused repeatedly texting, emailing and leaving voicemails for another woman about sleeping with that's woman's ex-husband.
Officer Jessica Phillips was charged with two gross misdemeanor counts of harassment and one gross misdemeanor count of unauthorized computer access.
According to the criminal complaint, Phillips left a voicemail message that said "We had sex probably 10 times this month and I have actual pictures... if you would like to see them."
Phillips allegedly contacted the woman over 100 times.
The Saint Paul City Attorney has asked the Minneapolis City Attorney's Office to review the case to avoid a conflict of interest.
Officer Phillips is on paid administrative leave.
Officer Jessica Phillips was charged with two gross misdemeanor counts of harassment and one gross misdemeanor count of unauthorized computer access.
According to the criminal complaint, Phillips left a voicemail message that said "We had sex probably 10 times this month and I have actual pictures... if you would like to see them."
Phillips allegedly contacted the woman over 100 times.
The Saint Paul City Attorney has asked the Minneapolis City Attorney's Office to review the case to avoid a conflict of interest.
Officer Phillips is on paid administrative leave.
Ex-Officer Cody Theriot Arrested for Impersonating a Police Officer
The St. Martin Parish Sheriff’s Office arrested a 27-year-old New Iberia man on a charge of impersonating a police officer.
According to a news release, patrol deputies spotted what appeared to be a law enforcement unit parked along La. 347 in Parks. The vehicle was described as a white Ford Explorer with license plate SLC462.
The vehicle was equipped with several decals commonly found on law enforcement units along with operable red and blue lights, an audible siren and a law enforcement push-style bumper.
At the time of his arrest, Cody Patrick Theriot allegedly was wearing tactical-style pants and a red and silver reflective “K-9 Search and Rescue Team” jacket. Deputies also discovered he was in possession of two official law enforcement badges, a semi-automatic handgun, riot baton, handcuffs, a police scanner and a K-9 tracking harness.
According to the release, Theriot is not a commissioned officer with any law enforcement agency.
He allegedly continued to give different names when officers asked for his real identity.
They later determined he had an active warrant for drug court with a $100,000 bond.
Anyone that may have encountered this vehicle or Theriot in this capacity is asked to contact the Criminal Investigations Bureau at (337) 394-2670 or (337) 394-3071.
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According to a news release, patrol deputies spotted what appeared to be a law enforcement unit parked along La. 347 in Parks. The vehicle was described as a white Ford Explorer with license plate SLC462.
The vehicle was equipped with several decals commonly found on law enforcement units along with operable red and blue lights, an audible siren and a law enforcement push-style bumper.
At the time of his arrest, Cody Patrick Theriot allegedly was wearing tactical-style pants and a red and silver reflective “K-9 Search and Rescue Team” jacket. Deputies also discovered he was in possession of two official law enforcement badges, a semi-automatic handgun, riot baton, handcuffs, a police scanner and a K-9 tracking harness.
According to the release, Theriot is not a commissioned officer with any law enforcement agency.
He allegedly continued to give different names when officers asked for his real identity.
They later determined he had an active warrant for drug court with a $100,000 bond.
Anyone that may have encountered this vehicle or Theriot in this capacity is asked to contact the Criminal Investigations Bureau at (337) 394-2670 or (337) 394-3071.
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Rape Cases Handled by Officer Tyler Kennedy Will Be Re-Examined
A Los Angeles County prosecutor said Wednesday his office will re-examine rape cases investigated by a West Covina police officer in the wake of allegations of misconduct.
Deputy District Attorney Gary Hearnsberger, who leads criminal prosecutions in the Pomona branch of the District Attorney's Office, said rape cases worked by West Covina police Officer Tyler Kennedy would be scrutinized.
"My understanding is Kennedy is no longer working sexual assault cases, so it won't be a problem in the future," Hearnsberger said. "... we will have to look back ... at whether there have been cases in the interim that would cause a problem."
Kennedy could not be reached for comment at the West Covina Police Department. A cell phone assigned to him had been disconnected.
On Monday, officials suspended Kennedy for the second time in less than a year, according to department sources who spoke on condition of anonymity. The action came after a 49-year-old woman alleged Kennedy sexually harassed and propositioned her.
Kennedy was assigned to investigate an apparent spousal rape involving the alleged victim, documents show.
West Covina police Chief Frank Wills confirmed Wednesday his department is investigating Kennedy, but said the Police Officer's Bill of Rights prohibits him from commenting.
Kennedy's first suspension came late last year, sources said. The detective was demoted and returned to patrol after an internal affairs investigation, the sources said.
That investigation revealed Kennedy engaged in an intimate relationship with a 39-year-old woman who alleged she was sexually battered, harassed and secretly videotaped by her ex-husband in February, according to Hearnsberger and documents.
Kennedy opened an investigation into the woman's case and arrested her ex-husband, according court documents.
On March 20, Kennedy appeared in West Covina court and asked the ex-husband, who had been released on his own recognizance, be held without bail, court documents show.
Based on Kennedy's testimony, Judge Lesley Green increased the man's bail to $100,000, according to court documents.
The ex-husband was subsequently charged with three misdemeanors, but the case was thrown out in November when prosecutors learned of Kennedy's relationship with the alleged victim, Hearnsberger said.
"The relationship between Kennedy and the woman was ultimately reported to us" by internal affairs investigators, Hearnsberger said. "Because Kennedy was the investigating officer and (the relationship) calls his credibility into question ... there was a decision that it wouldn't be a viable case."
This newspaper does not identify alleged victims of sexual assault.
An attorney for the woman's ex-husband said Kennedy worked the system to keep the man in custody so the detective could continue his relationship with the 39-year-old woman.
"He had the bail imposed because he was trying to foster a relationship with the alleged victim," said the man's civil attorney, Arnoldo Casillas.
In September, the man filed a civil rights claim against West Covina seeking unspecified damages for false imprisonment and a damaged reputation. The City Council rejected that claim in November.
"(Kennedy) almost ruined my life," the man said. "He called my employer and told my boss that I was going to jail for a very long time for rape. I got written up and I'll never be able to get promoted."
Council members Mike Touhey and Sherri Lane said City Attorney Arnold Alvarez-Glasman advised them not to comment.
Mayor Shelley Sanderson and council members Steve Herfert and Roger Hernandez did not return repeated requests for comment.
"They're not returning your calls because they're acting in the best interest of the city," Alvarez-Glasman said.
An attorney from Alvarez-Glasman's office represented the West Covina Police Department in a Nov. 9 court appearance regarding the man's criminal case, according to court documents.
Alvarez-Glasman declined to comment on that court appearance.
In a related but separate investigation, officials said the Los Angeles County Sheriff's Department is continuing its probe into allegations of misconduct by Baldwin Park police Chief Lili Hadsell. That probe was requested by Hadsell.
The 49-year-old woman accused Hadsell's brother of spousal rape in 2008. That investigation was overseen by Kennedy.
The alleged victim, who had been Hadsell's sister-in-law, said she went to Hadsell for help after the alleged rape.
"I asked Lili for help right after he raped me," the woman said. "She told me not to say anything because it could jeopardize her position."
The District Attorney's Office declined to file rape or any other charges.
Kennedy sent the woman several text messages she claimed referenced sexual acts.
In one photo message sent to the woman's cell phone, Kennedy posed in a tank top.
The woman said she believes Hadsell used her familiarity with Wills to influence the West Covina rape investigation.
"They worked together for years in the San Marino Police Department," the woman said.
Casillas said he believes Kennedy was assigned to the case in order to cover up the rape.
"You have two police chiefs in neighboring towns and one police officer with a history of inappropriate conduct," Casillas said. "This is a coverup, and I will ask the United States Attorney's Office and FBI to investigate it."
Deputy District Attorney Gary Hearnsberger, who leads criminal prosecutions in the Pomona branch of the District Attorney's Office, said rape cases worked by West Covina police Officer Tyler Kennedy would be scrutinized.
"My understanding is Kennedy is no longer working sexual assault cases, so it won't be a problem in the future," Hearnsberger said. "... we will have to look back ... at whether there have been cases in the interim that would cause a problem."
Kennedy could not be reached for comment at the West Covina Police Department. A cell phone assigned to him had been disconnected.
On Monday, officials suspended Kennedy for the second time in less than a year, according to department sources who spoke on condition of anonymity. The action came after a 49-year-old woman alleged Kennedy sexually harassed and propositioned her.
Kennedy was assigned to investigate an apparent spousal rape involving the alleged victim, documents show.
West Covina police Chief Frank Wills confirmed Wednesday his department is investigating Kennedy, but said the Police Officer's Bill of Rights prohibits him from commenting.
Kennedy's first suspension came late last year, sources said. The detective was demoted and returned to patrol after an internal affairs investigation, the sources said.
That investigation revealed Kennedy engaged in an intimate relationship with a 39-year-old woman who alleged she was sexually battered, harassed and secretly videotaped by her ex-husband in February, according to Hearnsberger and documents.
Kennedy opened an investigation into the woman's case and arrested her ex-husband, according court documents.
On March 20, Kennedy appeared in West Covina court and asked the ex-husband, who had been released on his own recognizance, be held without bail, court documents show.
Based on Kennedy's testimony, Judge Lesley Green increased the man's bail to $100,000, according to court documents.
The ex-husband was subsequently charged with three misdemeanors, but the case was thrown out in November when prosecutors learned of Kennedy's relationship with the alleged victim, Hearnsberger said.
"The relationship between Kennedy and the woman was ultimately reported to us" by internal affairs investigators, Hearnsberger said. "Because Kennedy was the investigating officer and (the relationship) calls his credibility into question ... there was a decision that it wouldn't be a viable case."
This newspaper does not identify alleged victims of sexual assault.
An attorney for the woman's ex-husband said Kennedy worked the system to keep the man in custody so the detective could continue his relationship with the 39-year-old woman.
"He had the bail imposed because he was trying to foster a relationship with the alleged victim," said the man's civil attorney, Arnoldo Casillas.
In September, the man filed a civil rights claim against West Covina seeking unspecified damages for false imprisonment and a damaged reputation. The City Council rejected that claim in November.
"(Kennedy) almost ruined my life," the man said. "He called my employer and told my boss that I was going to jail for a very long time for rape. I got written up and I'll never be able to get promoted."
Council members Mike Touhey and Sherri Lane said City Attorney Arnold Alvarez-Glasman advised them not to comment.
Mayor Shelley Sanderson and council members Steve Herfert and Roger Hernandez did not return repeated requests for comment.
"They're not returning your calls because they're acting in the best interest of the city," Alvarez-Glasman said.
An attorney from Alvarez-Glasman's office represented the West Covina Police Department in a Nov. 9 court appearance regarding the man's criminal case, according to court documents.
Alvarez-Glasman declined to comment on that court appearance.
In a related but separate investigation, officials said the Los Angeles County Sheriff's Department is continuing its probe into allegations of misconduct by Baldwin Park police Chief Lili Hadsell. That probe was requested by Hadsell.
The 49-year-old woman accused Hadsell's brother of spousal rape in 2008. That investigation was overseen by Kennedy.
The alleged victim, who had been Hadsell's sister-in-law, said she went to Hadsell for help after the alleged rape.
"I asked Lili for help right after he raped me," the woman said. "She told me not to say anything because it could jeopardize her position."
The District Attorney's Office declined to file rape or any other charges.
Kennedy sent the woman several text messages she claimed referenced sexual acts.
In one photo message sent to the woman's cell phone, Kennedy posed in a tank top.
The woman said she believes Hadsell used her familiarity with Wills to influence the West Covina rape investigation.
"They worked together for years in the San Marino Police Department," the woman said.
Casillas said he believes Kennedy was assigned to the case in order to cover up the rape.
"You have two police chiefs in neighboring towns and one police officer with a history of inappropriate conduct," Casillas said. "This is a coverup, and I will ask the United States Attorney's Office and FBI to investigate it."
Correctional Officer Alfonso Alanis Arrested for Embezzlement
A Fresno County correctional officer was arrested on embezzlement charges, it was announced on Wednesday.
Alfonso Alanis, 28, worked as a correctional officer for five years.
His duties include handling the release of inmates and their property from the jail.
He was arrrested after a two-week investigation that resulted in sheriff's detectives serving a search warrant at his Fresno home.
They were looking for stolen property reported missing by inmates who were being released from jail.
Authorities say Alanis was withholding cash and other property from the prisoners.
Alfonso Alanis, 28, worked as a correctional officer for five years.
His duties include handling the release of inmates and their property from the jail.
He was arrrested after a two-week investigation that resulted in sheriff's detectives serving a search warrant at his Fresno home.
They were looking for stolen property reported missing by inmates who were being released from jail.
Authorities say Alanis was withholding cash and other property from the prisoners.
Officer Steven Campbell Charged with Attempted Murder & Rape
A police officer has appeared in court charged with the attempted murder and rape of a woman.
Steven Campbell, 40, is accused of allegations which span more than 13 years. It is alleged that on various occasions between January 1995 and October 2008, he tried to kill the woman at a number of addresses in East Kilbride, Airdrie and the Asda supermarket in Hamilton.
The charge includes claims that the Strathclyde Police sergeant shout, swore and "uttered threats of violence". It is said he assaulted the woman in various ways such as throwing her against a tractor.
The woman is also alleged to have been thrown against walls, door and furniture and had her throat compressed which restricted her breathing.
Campbell, of Hamilton, Lanarkshire, is then accused of raping his alleged victim during the same dates.
The charge includes claims that he indecently assaulted her with a sex toy and also took indecent photographs of her. Campbell also faces two firearms charges dating between January 1 2000 and October 9, 2008.
It is alleged that at a farm in Shotts, Lanarkshire, he possessed bullets without holding a relevant firearms certificate or having the permission of the Scottish Ministers.
Mark Moir, defending, said Campbell denied all charges during a hearing at the High Court in Glasgow on Wednesday. Mr Moir and prosecutor Bruce Erroch said inquiries were ongoing and that a trial date could not yet be set.
Judge Lord Turnbull adjourned the case for a further hearing in March.
Steven Campbell, 40, is accused of allegations which span more than 13 years. It is alleged that on various occasions between January 1995 and October 2008, he tried to kill the woman at a number of addresses in East Kilbride, Airdrie and the Asda supermarket in Hamilton.
The charge includes claims that the Strathclyde Police sergeant shout, swore and "uttered threats of violence". It is said he assaulted the woman in various ways such as throwing her against a tractor.
The woman is also alleged to have been thrown against walls, door and furniture and had her throat compressed which restricted her breathing.
Campbell, of Hamilton, Lanarkshire, is then accused of raping his alleged victim during the same dates.
The charge includes claims that he indecently assaulted her with a sex toy and also took indecent photographs of her. Campbell also faces two firearms charges dating between January 1 2000 and October 9, 2008.
It is alleged that at a farm in Shotts, Lanarkshire, he possessed bullets without holding a relevant firearms certificate or having the permission of the Scottish Ministers.
Mark Moir, defending, said Campbell denied all charges during a hearing at the High Court in Glasgow on Wednesday. Mr Moir and prosecutor Bruce Erroch said inquiries were ongoing and that a trial date could not yet be set.
Judge Lord Turnbull adjourned the case for a further hearing in March.
Sgt. Robert Martin Found Huffing Aerosol Computer Cleaner
Austin Police Chief Art Acevedo spoke out Wednesday after two officers were arrested within hours of each other in Williamson County.
On Monday, officers were called to an apartment complex on Colonial Parkway in Cedar Park, where they say they found Sgt. Robert Craig Martin surrounded by 36 cans of aerosol computer cleaner. Investigators say Martin was "huffing," or inhaling the canisters to get high.
This wasn't the first time Martin has been in trouble. He was also arrested by Kyle police on December 16 after someone claimed they saw him sniffing something from an aerosol can in a Lowes parking lot.
Wayne Vincent, president of the Austin Police Association, says constant stress and scrutiny can cause officers to fall prey to drugs and alcohol abuse. He also says that's no excuse for what Martin has been accused of doing.
"The problem is officers through their culture help people and very rarely no matter how hard you try, do they feel they need or deserve help themselves," Vincent said. "Make no mistake about it, it can be a career ending event."
Early Tuesday morning, just hours after Martin was arrested, APD Officer Lenny Quintana was arrested and accused of driving drunk, then crashing into a traffic circle at Saddle Blanket and Osage in Leander.
Quintana's arrest affidavit says he refused a breathalyzer and a blood draw.
The officer also says that Quintana's eyes were glassy and blood shot and that he failed a field sobriety test.
"It is an embarrassment; it's something we're not proud of," said Chief Acevedo. "But like I tell folks we're a reflection of the community that we serve; we're a reflection of society we don't grow officers in a little petri-dish and that sprout to be perfect humane beings."
APD has a psychologist on hand and numerous programs to help any officer who may face a substance abuse problem, and the chief says there's no excuse for officers to get out of control when it comes to drugs and alcohol.
In 2008, more than 200 officers took part in the employee assistance programs. In 2009, more than 600 turned to the program for help.
"We do care about our people, we care about our image, we care about our community," Acevedo said.
Chief Acevedo says in the past two and a half years, there have been approximately 10 officers cited for alcohol and drug abuse. He also says the department knew about Sgt. Martin's first arrest in December, and he's been off active duty ever since. Quintana is on restricted duty as well.
On Monday, officers were called to an apartment complex on Colonial Parkway in Cedar Park, where they say they found Sgt. Robert Craig Martin surrounded by 36 cans of aerosol computer cleaner. Investigators say Martin was "huffing," or inhaling the canisters to get high.
This wasn't the first time Martin has been in trouble. He was also arrested by Kyle police on December 16 after someone claimed they saw him sniffing something from an aerosol can in a Lowes parking lot.
Wayne Vincent, president of the Austin Police Association, says constant stress and scrutiny can cause officers to fall prey to drugs and alcohol abuse. He also says that's no excuse for what Martin has been accused of doing.
"The problem is officers through their culture help people and very rarely no matter how hard you try, do they feel they need or deserve help themselves," Vincent said. "Make no mistake about it, it can be a career ending event."
Early Tuesday morning, just hours after Martin was arrested, APD Officer Lenny Quintana was arrested and accused of driving drunk, then crashing into a traffic circle at Saddle Blanket and Osage in Leander.
Quintana's arrest affidavit says he refused a breathalyzer and a blood draw.
The officer also says that Quintana's eyes were glassy and blood shot and that he failed a field sobriety test.
"It is an embarrassment; it's something we're not proud of," said Chief Acevedo. "But like I tell folks we're a reflection of the community that we serve; we're a reflection of society we don't grow officers in a little petri-dish and that sprout to be perfect humane beings."
APD has a psychologist on hand and numerous programs to help any officer who may face a substance abuse problem, and the chief says there's no excuse for officers to get out of control when it comes to drugs and alcohol.
In 2008, more than 200 officers took part in the employee assistance programs. In 2009, more than 600 turned to the program for help.
"We do care about our people, we care about our image, we care about our community," Acevedo said.
Chief Acevedo says in the past two and a half years, there have been approximately 10 officers cited for alcohol and drug abuse. He also says the department knew about Sgt. Martin's first arrest in December, and he's been off active duty ever since. Quintana is on restricted duty as well.
Officers Daniel Rodriguez & Jorge Baca Accused of Police Brutality
Two police officers accused of police brutality are under investigation by state authorities and prosecutors, the agencies confirmed Wednesday.
Officers Daniel Rodriguez and Jorge Baca arrested teenager Ewan Rose on Nov. 18, more than a year after his acquittal in a sexual battery case. The officers charged Rose, 18, with loitering, battery on a police officer and resisting arrest with violence.
Prosecutors with the Broward State Attorney's Office declined to file charges against Rose in late November.
Since then, a prosecutor with the Special Prosecutions Unit has been looking into claims the officers arrested the teen on false charges, battered him and engaged in official misconduct, State Attorney's Office spokesman Ron Ishoy said in an e-mail Wednesday. Prosecutors are reviewing the case to determine whether criminal charges will be filed.
Tony Livoti, a union attorney who is representing the two officers, could not be reached Wednesday for comment.
On Nov. 27, nine days after Rose's arrest, Sunrise Police Chief John Brooks put Rodriguez, 30, on administrative leave with pay, forcing him to turn in his gun and badge. The same day, Baca, 38, was taken off road patrol and assigned to desk duty. He also had to turn in his gun and badge.
Both officers earn $59,000 a year and joined the department on the same day in October 2007.
Sunrise officers arrested Rose in August 2007 on charges of burglary and sexual battery. A Broward jury acquitted him in the fall of 2008.
His run-in with Rodriguez and Baca came a year later. Brooks and other officials declined to discuss details, citing the open investigation.
Reached at her Sunrise home, Valarie Rose, Ewan's mother, referred all questions to her son's attorney, Jeff Ivashuk, who declined to comment Wednesday.
After learning of Rose's allegations of police brutaility, Brooks said, he referred the case to the Florida Department of Law Enforcement and the State Attorney's Office.
The FBI is keeping an eye on the case as well, according to officials. FBI spokeswoman Judy Orihuela said Tuesday she could not comment.
Officers Daniel Rodriguez and Jorge Baca arrested teenager Ewan Rose on Nov. 18, more than a year after his acquittal in a sexual battery case. The officers charged Rose, 18, with loitering, battery on a police officer and resisting arrest with violence.
Prosecutors with the Broward State Attorney's Office declined to file charges against Rose in late November.
Since then, a prosecutor with the Special Prosecutions Unit has been looking into claims the officers arrested the teen on false charges, battered him and engaged in official misconduct, State Attorney's Office spokesman Ron Ishoy said in an e-mail Wednesday. Prosecutors are reviewing the case to determine whether criminal charges will be filed.
Tony Livoti, a union attorney who is representing the two officers, could not be reached Wednesday for comment.
On Nov. 27, nine days after Rose's arrest, Sunrise Police Chief John Brooks put Rodriguez, 30, on administrative leave with pay, forcing him to turn in his gun and badge. The same day, Baca, 38, was taken off road patrol and assigned to desk duty. He also had to turn in his gun and badge.
Both officers earn $59,000 a year and joined the department on the same day in October 2007.
Sunrise officers arrested Rose in August 2007 on charges of burglary and sexual battery. A Broward jury acquitted him in the fall of 2008.
His run-in with Rodriguez and Baca came a year later. Brooks and other officials declined to discuss details, citing the open investigation.
Reached at her Sunrise home, Valarie Rose, Ewan's mother, referred all questions to her son's attorney, Jeff Ivashuk, who declined to comment Wednesday.
After learning of Rose's allegations of police brutaility, Brooks said, he referred the case to the Florida Department of Law Enforcement and the State Attorney's Office.
The FBI is keeping an eye on the case as well, according to officials. FBI spokeswoman Judy Orihuela said Tuesday she could not comment.
Tuesday, January 12, 2010
Trial Begins for Deputy Schene Accused of Beating 15-year-old
The assault trial began Tuesday in King County Superior Court for a man accused of beating a 15-year-old girl in a holding cell at the SeaTac City Hall.
She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
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She was a car theft suspect who was taken down violently in November 2008 after she kicked a shoe at Deputy Paul Schene. The incident was caught on video. Schene was fired last September.
Prosecutors played the tape in court and said Schene had failed to report slamming the girl into a wall, throwing her to the floor and striking her.
A defense lawyer says the girl provoked the attack with her behavior and yelling profanity.
Investigators believe that anger about the beating might have motivated Christopher Monfort who is accused of killing a Seattle police officer.
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