One of two Vancouver police officers being investigated after a controversial arrest last Thursday is no longer on patrol.
He has been assigned to desk duty.
The Office of the Police Complaint Commissioner has been advised of the move.
Police Chief Jim Chu offered a personal apology to 44-year-old Yao Wei Wu after he was roughed up by police who went to the wrong address while investigating a domestic violence complaint.
Wu had to be taken to hospital to have facial injuries treated.
He didn't know the plainclothes officers were police because he doesn't speak English.
He also says he didn't resist them because they had guns.
Tuesday, January 26, 2010
Judicial Services Officer Julis Wardley Arrested for Assaulting Woman
Investigators with the Richland County Sheriff's Department say Judicial Services Officer Julius R. Wardley was arrested Wednesday after deputies say he assaulted a female victim.
Deputies say they responded to Providence Northeast Hospital where they found a woman with several facial injuries. At that point, Sheriff Leon Lott ordered an investigation, and deputies found that Wardley had assaulted the victim during an altercation.
Lott says Wardley was terminated after the investigation.
Wardley was detained at the Richland County jail but the jail's website no longer lists him as a detainee.
Deputies say they responded to Providence Northeast Hospital where they found a woman with several facial injuries. At that point, Sheriff Leon Lott ordered an investigation, and deputies found that Wardley had assaulted the victim during an altercation.
Lott says Wardley was terminated after the investigation.
Wardley was detained at the Richland County jail but the jail's website no longer lists him as a detainee.
Sgt George Chong Accused of Using Excessive Force
A veteran Victoria police officer has been suspended with pay and is the subject of criminal and Police Act investigations after a man was assaulted in police cells, Chief Jamie Graham announced Monday.
On Jan. 15, a 33-year-old man was arrested for violating court conditions and taken to the cells in the Victoria police headquarters on Caledonia Avenue. The sergeant monitoring the cells — identified as Sgt. George Chong — is accused of using force against the man, although the reasons for doing so were not made clear at a news conference yesterday.
“During the booking-in process, an incident occurred and the prisoner received injuries that required hospital treatment,” Graham said during a news conference.
That has led to an allegation of assault against Chong, who might have violated the department’s use-of-force policy.
Provincial cabinet minister Ida Chong confirmed that her brother is the subject of the complaint.
“It’s very troubling for all of us, for him and his family,” she said in a phone interview Monday. “I can only wish the matter is dealt with quickly.”
This is not the first time Chong, who is in his late 40s, has been investigated by the department.
He pleaded guilty to an off-duty assault that occurred in June 2008, which resulted in a written reprimand from Victoria police. A provincial court judge handed Chong a conditional discharge and nine months’ probation, as well as ordering him to undergo anger-management counselling.
Ida Chong, minister of Healthy Living and Sport, said she does not know whether her brother was attending anger-management classes. She said he has the support of his wife and children, and wants to continue to serve his community as a police officer.
Graham refused to name either the injured man or the officer, but did say the sergeant has 28 years of service with the department. Chong has been with the force for 28 years.
The speed with which the prisoner received medical attention is also under investigation, said Graham, as 30 to 45 minutes passed before he was taken to hospital.
Graham was vague on the details of the incident, saying only that the man received injuries to his face. He said he can’t go into specifics because the matter is being investigated. “I intend to make the findings public when appropriate.”
The sergeant disclosed the incident to his superiors later that day, Graham said, adding that there was enough information to warrant his suspension. The officer is co-operating with the investigation, Graham said.
Members of the Vancouver Police Department, who will lead the criminal investigation, are on their way to Victoria to talk to the officer.
The incident was captured on video cameras in the jail cells. While Graham said he has not watched the recording, it will be examined by the Vancouver officers as part of the investigation.
The Victoria department’s professional standards section will conduct a parallel internal Police Act investigation, which will be monitored by the Office of the Police Complaint Commissioner.
Police Complaint Commissioner spokesman Bruce Brown said the victim has not filed a complaint. The victim has recovered from his injuries and Deputy Chief John Ducker has contacted him and apologized.
“The incident is troubling,” Graham said, but added that it has to be put in the context of the 5,000 to 7,000 inmates a year that are processed in the cells.
As a result of excessive-force allegations in the past, Graham decided that a sergeant should supervise the cells around the clock. Asked if this policy backfired, Graham said it’s too early to tell.
Graham would not say whether the prisoner did anything to provoke the officer, but police spokesman Sgt. Grant Hamilton said the 33-year-old man was sober when arrested. He did not say whether the man was known to police.
Graham could not say how long the investigations will take but added: “This will receive rapid attention. I want the facts quickly so we can make decisions quickly.”
On Jan. 15, a 33-year-old man was arrested for violating court conditions and taken to the cells in the Victoria police headquarters on Caledonia Avenue. The sergeant monitoring the cells — identified as Sgt. George Chong — is accused of using force against the man, although the reasons for doing so were not made clear at a news conference yesterday.
“During the booking-in process, an incident occurred and the prisoner received injuries that required hospital treatment,” Graham said during a news conference.
That has led to an allegation of assault against Chong, who might have violated the department’s use-of-force policy.
Provincial cabinet minister Ida Chong confirmed that her brother is the subject of the complaint.
“It’s very troubling for all of us, for him and his family,” she said in a phone interview Monday. “I can only wish the matter is dealt with quickly.”
This is not the first time Chong, who is in his late 40s, has been investigated by the department.
He pleaded guilty to an off-duty assault that occurred in June 2008, which resulted in a written reprimand from Victoria police. A provincial court judge handed Chong a conditional discharge and nine months’ probation, as well as ordering him to undergo anger-management counselling.
Ida Chong, minister of Healthy Living and Sport, said she does not know whether her brother was attending anger-management classes. She said he has the support of his wife and children, and wants to continue to serve his community as a police officer.
Graham refused to name either the injured man or the officer, but did say the sergeant has 28 years of service with the department. Chong has been with the force for 28 years.
The speed with which the prisoner received medical attention is also under investigation, said Graham, as 30 to 45 minutes passed before he was taken to hospital.
Graham was vague on the details of the incident, saying only that the man received injuries to his face. He said he can’t go into specifics because the matter is being investigated. “I intend to make the findings public when appropriate.”
The sergeant disclosed the incident to his superiors later that day, Graham said, adding that there was enough information to warrant his suspension. The officer is co-operating with the investigation, Graham said.
Members of the Vancouver Police Department, who will lead the criminal investigation, are on their way to Victoria to talk to the officer.
The incident was captured on video cameras in the jail cells. While Graham said he has not watched the recording, it will be examined by the Vancouver officers as part of the investigation.
The Victoria department’s professional standards section will conduct a parallel internal Police Act investigation, which will be monitored by the Office of the Police Complaint Commissioner.
Police Complaint Commissioner spokesman Bruce Brown said the victim has not filed a complaint. The victim has recovered from his injuries and Deputy Chief John Ducker has contacted him and apologized.
“The incident is troubling,” Graham said, but added that it has to be put in the context of the 5,000 to 7,000 inmates a year that are processed in the cells.
As a result of excessive-force allegations in the past, Graham decided that a sergeant should supervise the cells around the clock. Asked if this policy backfired, Graham said it’s too early to tell.
Graham would not say whether the prisoner did anything to provoke the officer, but police spokesman Sgt. Grant Hamilton said the 33-year-old man was sober when arrested. He did not say whether the man was known to police.
Graham could not say how long the investigations will take but added: “This will receive rapid attention. I want the facts quickly so we can make decisions quickly.”
Former Officer Brett Hobbs Guilty of Larceny
A Brunswick County jury convicted a former Leland police officer today.
The jury found Brett Hobbs guilty of felony larceny and felony possession of stolen goods. The case stems from an incident at a convenience store in Holden Beach.
Hobbs resigned from the Leland Police Department in 2005 after a conviction for selling drugs. A judge sentenced Hobbs today to five to six months in prison.
The jury found Brett Hobbs guilty of felony larceny and felony possession of stolen goods. The case stems from an incident at a convenience store in Holden Beach.
Hobbs resigned from the Leland Police Department in 2005 after a conviction for selling drugs. A judge sentenced Hobbs today to five to six months in prison.
Officer James Formby Pleads Guitly to Having Sex with Woman He Was Helping
A Metropolitan Police officer has pleaded guilty to misconduct after he had sex on duty with a woman he was meant to be helping.
Pc James Formby, 31, and a colleague responded to a suspected domestic abuse incident in Bromley last September.
He stayed with the woman while a man was taken to a police station, then engaged in sexual activity with the woman, who had been drinking.
Formby, who has been suspended from the force, will be sentenced on 1 March.
'Vulnerable and scared'
The officer, based at Bromley Police station, pleaded guilty to one charge of misconduct in public office at Southwark Crown Court on Tuesday.
The investigation was carried out by the Independent Police Complaints Commission (IPCC) following a referral from the Met.
IPCC Commissioner Rachel Cerfontyne said: "Police officers hold a unique position of trust in the eyes of the public and it is disgraceful that Pc Formby abused that trust in this case.
"He should have been supporting a woman who was vulnerable and scared but instead he exploited the situation and his behaviour was completely inappropriate."
A Met Police spokesman said Pc Formby has been suspended pending disciplinary hearings, which will take place after sentencing.
Pc James Formby, 31, and a colleague responded to a suspected domestic abuse incident in Bromley last September.
He stayed with the woman while a man was taken to a police station, then engaged in sexual activity with the woman, who had been drinking.
Formby, who has been suspended from the force, will be sentenced on 1 March.
'Vulnerable and scared'
The officer, based at Bromley Police station, pleaded guilty to one charge of misconduct in public office at Southwark Crown Court on Tuesday.
The investigation was carried out by the Independent Police Complaints Commission (IPCC) following a referral from the Met.
IPCC Commissioner Rachel Cerfontyne said: "Police officers hold a unique position of trust in the eyes of the public and it is disgraceful that Pc Formby abused that trust in this case.
"He should have been supporting a woman who was vulnerable and scared but instead he exploited the situation and his behaviour was completely inappropriate."
A Met Police spokesman said Pc Formby has been suspended pending disciplinary hearings, which will take place after sentencing.
Monday, January 25, 2010
Corrections Officer Charles Rowe Arrested on Drug Charges
A veteran Calipatria State Prison Corrections officer could soon be on the other side of the jail cell.
A prison official says Charles Rowe was arrested by FBI agents at his home in Brawley on Friday.
The 42-year old sits behind bars at the Imperial County Jail facing charges on drug related offenses.
We're told Rowe has worked at Calipatria State Prison for the past 17 years.
A prison official says Charles Rowe was arrested by FBI agents at his home in Brawley on Friday.
The 42-year old sits behind bars at the Imperial County Jail facing charges on drug related offenses.
We're told Rowe has worked at Calipatria State Prison for the past 17 years.
Former Officer Nathan VanFleet Charged with Rape of Child
A 31-year-old former Hunter police officer will face a jury trial in Coxsackie court on Feb. 9, answering to accusations of sexual misconduct with an underage female.
Nathan VanFleet, of Durham, was charged in Dec. 2008 with third-degree rape and third-degree criminal sex act, both felonies, as well as endangering the welfare of a child and official misconduct, both misdemeanors.
VanFleet, whose case is being prosecuted by the Columbia County District Attorney’s Office, has since had his charges reduced to two counts of sexual misconduct, a class A misdemeanor.
The original charges, filed by the New York State Police with the assistance of the Greene County District Attorney’s Office, were the result of an investigation into reports that VanFleet was engaged in an unlawful relationship with an underage female. It has been alleged that the sexual incidents occurred while he was on duty as a police officer, as well as off duty.
Town of Hunter Police Chief Jennifer Reich assisted state police in the investigation.
The case will be heard before Coxsackie Town Justice Thomas J. Fori.
Jury selection is scheduled to being on Feb. 9 at 10 a.m.
Nathan VanFleet, of Durham, was charged in Dec. 2008 with third-degree rape and third-degree criminal sex act, both felonies, as well as endangering the welfare of a child and official misconduct, both misdemeanors.
VanFleet, whose case is being prosecuted by the Columbia County District Attorney’s Office, has since had his charges reduced to two counts of sexual misconduct, a class A misdemeanor.
The original charges, filed by the New York State Police with the assistance of the Greene County District Attorney’s Office, were the result of an investigation into reports that VanFleet was engaged in an unlawful relationship with an underage female. It has been alleged that the sexual incidents occurred while he was on duty as a police officer, as well as off duty.
Town of Hunter Police Chief Jennifer Reich assisted state police in the investigation.
The case will be heard before Coxsackie Town Justice Thomas J. Fori.
Jury selection is scheduled to being on Feb. 9 at 10 a.m.
Resource Officer Louis Buck Morris Given New Court Date
Judge Stephen Kistler granted a new date for a former Stillwater Police Department school resource officer’s arraignment during a court date on Friday.
Kistler scheduled the new date for 1:30 p.m. on March 12.
Louis Alvie “Buck” Morris, 48, was charged with three counts of inappropriate acts with a child less than 16 years old and two counts of rape by instrumentation on June 16, according to court documents. All five counts are felony offenses.
If convicted on all five counts, Morris could spend life in prison without parole, according to the documents.
“Eventually the judge will get the case set for a jury trial,” said Robert Hudson, Payne County district attorney, in a phone interview Thursday.
Morris was released on bond in June, according to court documents.
Morris’ counsel couldn’t be reached for comment.
On May 20, a Stillwater citizen reported that Morris was involved in an inappropriate relationship with a 15-year-old girl, according to a June 16, Stillwater police press release.
Two investigators were assigned to the case and on June 1 they found evidence that Morris might have broken the law.
That day, Stillwater Chief of Police, Norman McNickle, asked the Oklahoma State Bureau of Investigation to help Stillwater police investigate, according to the press release.
Morris was suspended June 2, when investigators found cause that he could have broken the law, according to the press release.
Morris worked as a Stillwater police officer for 17 years, according to the press release.
The Stillwater Police Department declined to comment further on the case.
The girl’s father said he allowed his daughter and Morris to spend time together and thought that he could trust Morris because he was a police officer, according to the affidavit.
Morris met the girl at Stillwater Junior High School where he worked, according to an Oklahoma State Bureau of Investigation affidavit.
“We’re really not changing anything (about our policies),” said Ann Caine, Stillwater Public Schools superintendent. “Our counselors are really great about telling the kids what is appropriate behavior and what’s not appropriate behavior. We weren’t aware of what was going on.”
After he found out he was under investigation, Morris spoke to a school resource officer who worked at another Stillwater school, according to the affidavit.
Morris said he was sorry; that he felt like he was 15 again.
Kistler scheduled the new date for 1:30 p.m. on March 12.
Louis Alvie “Buck” Morris, 48, was charged with three counts of inappropriate acts with a child less than 16 years old and two counts of rape by instrumentation on June 16, according to court documents. All five counts are felony offenses.
If convicted on all five counts, Morris could spend life in prison without parole, according to the documents.
“Eventually the judge will get the case set for a jury trial,” said Robert Hudson, Payne County district attorney, in a phone interview Thursday.
Morris was released on bond in June, according to court documents.
Morris’ counsel couldn’t be reached for comment.
On May 20, a Stillwater citizen reported that Morris was involved in an inappropriate relationship with a 15-year-old girl, according to a June 16, Stillwater police press release.
Two investigators were assigned to the case and on June 1 they found evidence that Morris might have broken the law.
That day, Stillwater Chief of Police, Norman McNickle, asked the Oklahoma State Bureau of Investigation to help Stillwater police investigate, according to the press release.
Morris was suspended June 2, when investigators found cause that he could have broken the law, according to the press release.
Morris worked as a Stillwater police officer for 17 years, according to the press release.
The Stillwater Police Department declined to comment further on the case.
The girl’s father said he allowed his daughter and Morris to spend time together and thought that he could trust Morris because he was a police officer, according to the affidavit.
Morris met the girl at Stillwater Junior High School where he worked, according to an Oklahoma State Bureau of Investigation affidavit.
“We’re really not changing anything (about our policies),” said Ann Caine, Stillwater Public Schools superintendent. “Our counselors are really great about telling the kids what is appropriate behavior and what’s not appropriate behavior. We weren’t aware of what was going on.”
After he found out he was under investigation, Morris spoke to a school resource officer who worked at another Stillwater school, according to the affidavit.
Morris said he was sorry; that he felt like he was 15 again.
Officer Dan Saba's Fall into Addiction
Within months of joining the Minnetonka Police Department, a young officer named Dan Saba won high praise from his chief for saving a woman's life on Christmas Eve in 1996.
Shortly before Christmas last month, that same officer sat in the Hennepin County jail on the verge of losing his job, addicted to pain medicine and awaiting sentencing on one burglary while being investigated in two others.
Strung out on Vicodin, Saba also has admitted to breaking into at least 10 homes last year looking for drugs. Many of those burglaries, he said, involved breaking into homes he'd responded to earlier while on duty as an officer.
"I have seen many officers make many mistakes of varying degrees," Robert Fowler, Saba's attorney and the general counsel for the Minnesota Fraternal Order of Police, said in court documents. "I have not seen a more tragic case involving the fall of a peace officer."
Those sentiments are echoed by friends, relatives, and colleagues who know Saba, arrested and convicted last year for burglary after breaking into a Chanhassen home looking for prescription drugs.
Saba, 38, was to be sentenced next week in Carver County District Court, but that has been postponed.
In the meantime, Saba also faces a burglary charge in Hennepin County District Court and a disorderly conduct citation in Carver County in connection with break-ins last month.
"It's a very complicated issue," said Minnetonka Police Chief Mark Raquet, who placed Saba on unpaid leave last year. "To navigate through this is difficult. I don't have any complaints about Dan as an officer. I would not describe him as a problem officer."
Rise and fall
By most accounts, Saba was a dedicated officer, joining Minnetonka in 1995 in what Saba described as his dream job.
Almost immediately Saba made an impact. On Christmas Eve in 1996 he saved a motorist who had suffered a stroke by running alongside her moving car and steering it into a snowbank before pulling her out.
"Officer Saba displayed an extraordinary amount of courage and good judgment at this call," then-Chief Richard Setter wrote in commending Saba.
But things began to fall apart by 2005. Saba's drug habit began after a doctor prescribed the painkiller Vicodin to help him deal with migraine headaches, according to court records.
As his addiction grew worse, so did his conduct, according to court papers and letters from friends, relatives and fellow officers in the department.
After Saba was caught in the break-in last May in Chanhassen, he also was arrested in December on suspicion of a similar incident in Hennepin County, where he has been charged with first-degree burglary.
A second Hennepin County complaint, in a burglary in Excelsior in early May, included an interview with Saba.
"He estimated that he has entered ... 10 residences without consent since February 2009 and has taken prescription medications in many of them," the complaint said.
A week later, the Carver County Sheriff's Office investigated an attempted break-in at a home in Victoria in which Saba was ultimately cited for disorderly conduct.
While investigators were talking to Saba he "made some suicidal threats," according to a Sheriff's Office report.
Unintended consequences
Saba has told police investigators he doesn't remember all of the details of his break-ins because his mind was so clouded by narcotics.
Saba has been through rehab at least twice. He also has been treated by a psychiatrist, according to court records.
Raquet and others who know Saba attribute much of his behavior and lapses in judgment to the grip that they say drugs have had on him for at least four years.
"Dan never intended for this to happen," his wife, Sheila, wrote to Carver County officials last year. "He did not choose this for himself, his family or his friends."
Many of his fellow officers in Minnetonka agreed, saying in letters to the court that they had witnessed changes in Saba over the past several years as the drugs slowly took over.
Shortly before Christmas last month, that same officer sat in the Hennepin County jail on the verge of losing his job, addicted to pain medicine and awaiting sentencing on one burglary while being investigated in two others.
Strung out on Vicodin, Saba also has admitted to breaking into at least 10 homes last year looking for drugs. Many of those burglaries, he said, involved breaking into homes he'd responded to earlier while on duty as an officer.
"I have seen many officers make many mistakes of varying degrees," Robert Fowler, Saba's attorney and the general counsel for the Minnesota Fraternal Order of Police, said in court documents. "I have not seen a more tragic case involving the fall of a peace officer."
Those sentiments are echoed by friends, relatives, and colleagues who know Saba, arrested and convicted last year for burglary after breaking into a Chanhassen home looking for prescription drugs.
Saba, 38, was to be sentenced next week in Carver County District Court, but that has been postponed.
In the meantime, Saba also faces a burglary charge in Hennepin County District Court and a disorderly conduct citation in Carver County in connection with break-ins last month.
"It's a very complicated issue," said Minnetonka Police Chief Mark Raquet, who placed Saba on unpaid leave last year. "To navigate through this is difficult. I don't have any complaints about Dan as an officer. I would not describe him as a problem officer."
Rise and fall
By most accounts, Saba was a dedicated officer, joining Minnetonka in 1995 in what Saba described as his dream job.
Almost immediately Saba made an impact. On Christmas Eve in 1996 he saved a motorist who had suffered a stroke by running alongside her moving car and steering it into a snowbank before pulling her out.
"Officer Saba displayed an extraordinary amount of courage and good judgment at this call," then-Chief Richard Setter wrote in commending Saba.
But things began to fall apart by 2005. Saba's drug habit began after a doctor prescribed the painkiller Vicodin to help him deal with migraine headaches, according to court records.
As his addiction grew worse, so did his conduct, according to court papers and letters from friends, relatives and fellow officers in the department.
After Saba was caught in the break-in last May in Chanhassen, he also was arrested in December on suspicion of a similar incident in Hennepin County, where he has been charged with first-degree burglary.
A second Hennepin County complaint, in a burglary in Excelsior in early May, included an interview with Saba.
"He estimated that he has entered ... 10 residences without consent since February 2009 and has taken prescription medications in many of them," the complaint said.
A week later, the Carver County Sheriff's Office investigated an attempted break-in at a home in Victoria in which Saba was ultimately cited for disorderly conduct.
While investigators were talking to Saba he "made some suicidal threats," according to a Sheriff's Office report.
Unintended consequences
Saba has told police investigators he doesn't remember all of the details of his break-ins because his mind was so clouded by narcotics.
Saba has been through rehab at least twice. He also has been treated by a psychiatrist, according to court records.
Raquet and others who know Saba attribute much of his behavior and lapses in judgment to the grip that they say drugs have had on him for at least four years.
"Dan never intended for this to happen," his wife, Sheila, wrote to Carver County officials last year. "He did not choose this for himself, his family or his friends."
Many of his fellow officers in Minnetonka agreed, saying in letters to the court that they had witnessed changes in Saba over the past several years as the drugs slowly took over.
Sunday, January 24, 2010
Former Officer Jonathan Bleiweiss Giving Bail
A judge has decided that a suspended Broward County deputy accused of intimidating eight undocumented male immigrants into performing sex acts with him will be allowed to go to Oregon until his trial.
The judge ruled Friday that 29-year-old Jonathan Bleiweiss, who has been jailed since his August arrest, can stay with his father in Oregon. Bleiweiss' bail was set at $250,000.
Bleiweiss has been charged with 73 counts ranging from sexual battery to false imprisonment. Authorities say Bleiweiss of used his position as a deputy to intimidate the immigrants into performing sex acts during traffic stops.
Bleiweiss' attorney says the state's case is based entirely on hearsay.
The judge ruled Friday that 29-year-old Jonathan Bleiweiss, who has been jailed since his August arrest, can stay with his father in Oregon. Bleiweiss' bail was set at $250,000.
Bleiweiss has been charged with 73 counts ranging from sexual battery to false imprisonment. Authorities say Bleiweiss of used his position as a deputy to intimidate the immigrants into performing sex acts during traffic stops.
Bleiweiss' attorney says the state's case is based entirely on hearsay.
Officer John Lewis Arrested for the Sixth Time
Schenectady Police Officer John Lewis was arrested on Saturday night for what is at least the sixth time in two years.
Department officials tell us that they received a call at approximately 6:00 p.m. that a drunk man had left the emergency department at Ellis Hospital, hit a car, and took off.
Investigators say that that man was Lewis - a 15-year veteran of the force who has spent much of the past two years off the job.
Lewis's troubles with the department date back to 1998 when he was fired for allegedly using a racial slur; an arbitrator later reinstated him.
Since the spring of 2008, Lewis has been arrested numerous times on charges that include drunk driving, stalking, harassment, and vandalism.
In December, a Schenectady County grand jury indicted Lewis for allegedly hacking into his ex-wife's e-mail account and threatening her.
Days later, he was apparently stabbed in Berkshire County.
Schenectady Police say Lewis's termination hearing has been completed and the department brass is waiting for a final decision by an arbitrator.
City residents say that Lewis has already had too many chances.
"Police are supposed to be models for the rest of the society and, certainly, this is not the kind of model that we want to have our kids and the rest of everybody else in the city to portray so, yeah, he definitely needs to go," says Don Ackerman of Schenectady.
City resident Chuck Tillman says, "He should be thrown off the force in my opinion."
Lewis is being held at Schenectady County Jail without bail.
Previous Post
Drunk Driving arrest
Stalking Arrest
Department officials tell us that they received a call at approximately 6:00 p.m. that a drunk man had left the emergency department at Ellis Hospital, hit a car, and took off.
Investigators say that that man was Lewis - a 15-year veteran of the force who has spent much of the past two years off the job.
Lewis's troubles with the department date back to 1998 when he was fired for allegedly using a racial slur; an arbitrator later reinstated him.
Since the spring of 2008, Lewis has been arrested numerous times on charges that include drunk driving, stalking, harassment, and vandalism.
In December, a Schenectady County grand jury indicted Lewis for allegedly hacking into his ex-wife's e-mail account and threatening her.
Days later, he was apparently stabbed in Berkshire County.
Schenectady Police say Lewis's termination hearing has been completed and the department brass is waiting for a final decision by an arbitrator.
City residents say that Lewis has already had too many chances.
"Police are supposed to be models for the rest of the society and, certainly, this is not the kind of model that we want to have our kids and the rest of everybody else in the city to portray so, yeah, he definitely needs to go," says Don Ackerman of Schenectady.
City resident Chuck Tillman says, "He should be thrown off the force in my opinion."
Lewis is being held at Schenectady County Jail without bail.
Previous Post
Drunk Driving arrest
Stalking Arrest
Saturday, January 23, 2010
Man Death in Police Custody Ruled Homicide
A 45-year-old man’s death in police custody at a North Andover sobriety checkpoint was caused by a beating and has been ruled a homicide, the state Office of the Chief Medical Examiner said.
But two months after Kenneth Howe of Worcester died, all of the officers involved in the case remain on full duty, his lawyer said.
And the account given by a state trooper differs from the one initially issued by Essex District Attorney Jonathan Blodgett’s Office.
“I’m not surprised, the way this investigation is proceeding,” the lawyer, Frances King, said.
The ME’s office determined the cause of death was “blunt impact of head and torso with compression of chest,” with “atherosclerosis and hypertensive cardiovascular disease” as “other contributory conditions.”
The homicide ruling assigns no blame or criminal wrongdoing, the medical examiner’s office said.
Steve O’Connell, a spokesman for Blodgett’s office, which is investigating Howe’s death, said investigators have conducted more than 50 interviews and are awaiting a final autopsy report and forensic results. Asked whether the probe is now a murder investigation, O’Connell said: “We’re not characterizing it.”
State police spokesman David Procopio declined to comment, other than to say the status of the troopers involved has not changed. North Andover police and the Essex Sheriff’s department referred all questions to Blodgett’s office.
Howe was a passenger in a car stopped on Thanksgiving Eve at a checkpoint manned by state and North Andover police and sheriff’s personnel when a trooper saw him making “furtive” movements, according to a statement Blodgett’s office released two days after the incident.
Howe “jumped out the window, struck the trooper and fled,” according to that statement, and was handcuffed after a brief foot chase and an “ensuing struggle.” Police later found 15 mg of Oxycodone, for which Howe had a prescription, in his pocket, Blodgett’s office said.
In her own statement, trooper Jodi A. Gerardi says Howe hit her twice before he got out of the vehicle, striking her a third time with the door. Gerardi yelled “help,” she says, and several troopers and town police ran after Howe, who “continued to assault everyone in his path” as a pit bull he released charged at officers.
Howe “was eventually taken to the ground, where he continued to disobey orders to ‘stop resisting’ by several other officers,” according to Gerardi’s report, which says he was charged with assaulting a police officer, assault with a dangerous weapon, resisting arrest and possession of marijuana and a controlled substance, OxyContin. The report makes no mention of Oxycodone.
But two months after Kenneth Howe of Worcester died, all of the officers involved in the case remain on full duty, his lawyer said.
And the account given by a state trooper differs from the one initially issued by Essex District Attorney Jonathan Blodgett’s Office.
“I’m not surprised, the way this investigation is proceeding,” the lawyer, Frances King, said.
The ME’s office determined the cause of death was “blunt impact of head and torso with compression of chest,” with “atherosclerosis and hypertensive cardiovascular disease” as “other contributory conditions.”
The homicide ruling assigns no blame or criminal wrongdoing, the medical examiner’s office said.
Steve O’Connell, a spokesman for Blodgett’s office, which is investigating Howe’s death, said investigators have conducted more than 50 interviews and are awaiting a final autopsy report and forensic results. Asked whether the probe is now a murder investigation, O’Connell said: “We’re not characterizing it.”
State police spokesman David Procopio declined to comment, other than to say the status of the troopers involved has not changed. North Andover police and the Essex Sheriff’s department referred all questions to Blodgett’s office.
Howe was a passenger in a car stopped on Thanksgiving Eve at a checkpoint manned by state and North Andover police and sheriff’s personnel when a trooper saw him making “furtive” movements, according to a statement Blodgett’s office released two days after the incident.
Howe “jumped out the window, struck the trooper and fled,” according to that statement, and was handcuffed after a brief foot chase and an “ensuing struggle.” Police later found 15 mg of Oxycodone, for which Howe had a prescription, in his pocket, Blodgett’s office said.
In her own statement, trooper Jodi A. Gerardi says Howe hit her twice before he got out of the vehicle, striking her a third time with the door. Gerardi yelled “help,” she says, and several troopers and town police ran after Howe, who “continued to assault everyone in his path” as a pit bull he released charged at officers.
Howe “was eventually taken to the ground, where he continued to disobey orders to ‘stop resisting’ by several other officers,” according to Gerardi’s report, which says he was charged with assaulting a police officer, assault with a dangerous weapon, resisting arrest and possession of marijuana and a controlled substance, OxyContin. The report makes no mention of Oxycodone.
Former Officer Adam Lee Meacham in Court for Sexually Abusing Teen in Ride-Along Program
A circuit court judge in Rawlins has opted to take under advisement a case against a former Rawlins police captain and Carbon County commissioner charged with sexual assault, soliciting a child to participate in illicit acts, furnishing alcohol to minors and other crimes.
Carbon County Circuit Court Judge Jane Eakin at a preliminary hearing on Friday did not make a ruling to send the felony counts faced by 45-year-old Adam "Lee" Meacham to Carbon County District Court.
Meacham has yet to enter pleas, and it's unclear when Eakin will make a ruling.
Authorities say Meacham sexually abused a teen between the ages of 15 and 17 while the girl was participating in a police department ride-along program. He faces 15 criminal charges in the case.
A former Rawlins resident sued Meacham and the city in 2007, contending Meacham sexually assaulted her. The lawsuit was settled for $250,000.
Information from: Rawlins Daily Times
Carbon County Circuit Court Judge Jane Eakin at a preliminary hearing on Friday did not make a ruling to send the felony counts faced by 45-year-old Adam "Lee" Meacham to Carbon County District Court.
Meacham has yet to enter pleas, and it's unclear when Eakin will make a ruling.
Authorities say Meacham sexually abused a teen between the ages of 15 and 17 while the girl was participating in a police department ride-along program. He faces 15 criminal charges in the case.
A former Rawlins resident sued Meacham and the city in 2007, contending Meacham sexually assaulted her. The lawsuit was settled for $250,000.
Information from: Rawlins Daily Times
Former Officer Geoffrey Presco Sentenced to More Than 3 Years in Prison
The former Yuma police officer convicted of stealing cash from evidence storage to support an addiction to prescription drugs has been sentenced to three years and four months in prison.
The sentence for Geoffrey Michael Presco was handed down Friday afternoon in Yuma County Superior Court.
Presco was convicted of stealing nearly $11,000 from evidence storage at the police department.
In his rookie year on the force, Presco was selected as the Yuma Police Department's 2008 Patrol Officer of the Year.
The former lawman offered apologies to his family, the court and prosecution, the department and to the community.
Presco says he had a knee injury and became addicted to the prescription drug Oxycontin.
Information from: The Sun, http://www.yumasun.com
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The sentence for Geoffrey Michael Presco was handed down Friday afternoon in Yuma County Superior Court.
Presco was convicted of stealing nearly $11,000 from evidence storage at the police department.
In his rookie year on the force, Presco was selected as the Yuma Police Department's 2008 Patrol Officer of the Year.
The former lawman offered apologies to his family, the court and prosecution, the department and to the community.
Presco says he had a knee injury and became addicted to the prescription drug Oxycontin.
Information from: The Sun, http://www.yumasun.com
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Couple File Civil Suit Alleging Abuse of Power
A couple has sued North Carolina's largest city and a former Charlotte police officer who is accused of sexually assaulting women while in uniform.
The Charlotte Observer reports the couple filed the civil suits Friday, alleging abuse of power by former Office Marcus Jackson and "inept" hiring practices.
They say the 26-year-old officer pulled them over Dec. 28 and made them follow him to a church parking lot. They say he fondled the woman, claiming he needed to search her, then ordered her boyfriend to fondle her as Jackson watched.
Six women over the past month have accused Jackson of sexually assaulting them. A grand jury has indicted Jackson in three cases. Jackson was arrested Dec. 30 and is in the Mecklenburg County jail.
An attorney for the city declined comment.
The Charlotte Observer reports the couple filed the civil suits Friday, alleging abuse of power by former Office Marcus Jackson and "inept" hiring practices.
They say the 26-year-old officer pulled them over Dec. 28 and made them follow him to a church parking lot. They say he fondled the woman, claiming he needed to search her, then ordered her boyfriend to fondle her as Jackson watched.
Six women over the past month have accused Jackson of sexually assaulting them. A grand jury has indicted Jackson in three cases. Jackson was arrested Dec. 30 and is in the Mecklenburg County jail.
An attorney for the city declined comment.
Friday, January 22, 2010
Deputy Robert Stogner Arrested for Stalking
A West Feliciana Parish sheriff’s deputy was fired Wednesday after being arrested for allegedly stalking a man he believed was seeing his wife.
Robert Wayne Stogner, 48, 8909 Island Road, St. Francisville, tried to contact the man Wednesday at his place of employment, Georgia Pacific’s Port Hudson mill, an affidavit of probable cause said.
Stogner arrived at the mill between Baton Rouge and St. Francisville around 3:30 p.m. Wednesday and asked a dispatcher to contact the man via radio, the affidavit said.
Sensing that something was wrong, the dispatcher continued talking to Stogner instead of contacting the mill employee, the affidavit said.
During their conversation, Stogner told the dispatcher “that if he were a crazy man, he could have killed everyone he contacted thus far with the two handguns and the shotgun that were in his truck,” the affidavit said.
The dispatcher told investigators with the East Baton Rouge Parish Sheriff’s Office that she saw the shotgun in Stogner’s vehicle, the affidavit said.
Stogner admitted to investigators he went to the mill with his service-issued .40-caliber weapon to talk to the man he believed was having an affair with his wife, the affidavit said.
Stogner also admitted to calling the man and going to the man’s motel room and the mill on previous occasions.
On one of two previous occasions at the mill, Stogner confronted the man with a hammer and a crowbar, the affidavit said. A fight did not ensue, but the man told investigators he felt threatened.
East Baton Rouge Parish sheriff’s deputies arrested Stogner and booked him into Parish Prison on one count each of stalking and aggravated assault.
As a result of his arrest, Stogner was fired from his position with the West Feliciana Parish Sheriff’s Office, West Feliciana Parish Sheriff J. Austin Daniel said.
The sheriff said Wednesday he wrote a letter to the Secretary of State’s Office asking that Stogner’s law enforcement commission be revoked.
Daniel said that on the same day deputies recovered Stogner’s service-issued weapons from his home.
Stogner started working with the Sheriff’s Office in March 2002, Sheriff’s Office records show. He left the office in June 2008 and was rehired in February. His position with the office as a patrol deputy was part time.
“He did a good job for us,” Daniel said. “He worked a lot of hours at night.”
According to West Feliciana Parish court records, Stogner’s latest arrest was not his first.
Stogner was arrested on Oct. 15, 1993, in St. Francisville for allegedly threatening to beat up his then-wife at a law office, court records show. Stogner was charged with disturbing the peace, simple assault and criminal damage to property.
Stogner was sentenced to one year of probation for the misdemeanor charge of criminal damage to property, court records show. The other two charges were dropped.
Robert Wayne Stogner, 48, 8909 Island Road, St. Francisville, tried to contact the man Wednesday at his place of employment, Georgia Pacific’s Port Hudson mill, an affidavit of probable cause said.
Stogner arrived at the mill between Baton Rouge and St. Francisville around 3:30 p.m. Wednesday and asked a dispatcher to contact the man via radio, the affidavit said.
Sensing that something was wrong, the dispatcher continued talking to Stogner instead of contacting the mill employee, the affidavit said.
During their conversation, Stogner told the dispatcher “that if he were a crazy man, he could have killed everyone he contacted thus far with the two handguns and the shotgun that were in his truck,” the affidavit said.
The dispatcher told investigators with the East Baton Rouge Parish Sheriff’s Office that she saw the shotgun in Stogner’s vehicle, the affidavit said.
Stogner admitted to investigators he went to the mill with his service-issued .40-caliber weapon to talk to the man he believed was having an affair with his wife, the affidavit said.
Stogner also admitted to calling the man and going to the man’s motel room and the mill on previous occasions.
On one of two previous occasions at the mill, Stogner confronted the man with a hammer and a crowbar, the affidavit said. A fight did not ensue, but the man told investigators he felt threatened.
East Baton Rouge Parish sheriff’s deputies arrested Stogner and booked him into Parish Prison on one count each of stalking and aggravated assault.
As a result of his arrest, Stogner was fired from his position with the West Feliciana Parish Sheriff’s Office, West Feliciana Parish Sheriff J. Austin Daniel said.
The sheriff said Wednesday he wrote a letter to the Secretary of State’s Office asking that Stogner’s law enforcement commission be revoked.
Daniel said that on the same day deputies recovered Stogner’s service-issued weapons from his home.
Stogner started working with the Sheriff’s Office in March 2002, Sheriff’s Office records show. He left the office in June 2008 and was rehired in February. His position with the office as a patrol deputy was part time.
“He did a good job for us,” Daniel said. “He worked a lot of hours at night.”
According to West Feliciana Parish court records, Stogner’s latest arrest was not his first.
Stogner was arrested on Oct. 15, 1993, in St. Francisville for allegedly threatening to beat up his then-wife at a law office, court records show. Stogner was charged with disturbing the peace, simple assault and criminal damage to property.
Stogner was sentenced to one year of probation for the misdemeanor charge of criminal damage to property, court records show. The other two charges were dropped.
Officer Anthony Vann Arrested for Drunk Driving
A Navajo Department of Public Safety officer was arrested on extreme DUI charges over the weekend.
According to Flagstaff police reports, Anthony J. Vann, 43, of Kaibeto, was arrested by Flagstaff police and charged with extreme DUI with a blood-alcohol content above .15 percent but below .20 percent at 2:11 a.m. Sunday.
Vann is a sergeant with the NDPS Dilkon district.
The arresting officer noted in his report that Vann handed over a Navajo Nation law enforcement identification and asked, “Can you help me out?”
According to police reports, Vann was arrested on a previous DUI charge in Flagstaff in 2006. According to information from the NDPS, Vann was not employed as a police officer at the time.
Lt. Emerson Lee of the Dilkon district said Vann is on paid administrative leave pending the outcome of an internal investigation.
“Nobody is above the law,” Lee said. “I commend the staff and law enforcement personnel at the Flagstaff Police Department on doing a fine job.”
According to Flagstaff police reports, Anthony J. Vann, 43, of Kaibeto, was arrested by Flagstaff police and charged with extreme DUI with a blood-alcohol content above .15 percent but below .20 percent at 2:11 a.m. Sunday.
Vann is a sergeant with the NDPS Dilkon district.
The arresting officer noted in his report that Vann handed over a Navajo Nation law enforcement identification and asked, “Can you help me out?”
According to police reports, Vann was arrested on a previous DUI charge in Flagstaff in 2006. According to information from the NDPS, Vann was not employed as a police officer at the time.
Lt. Emerson Lee of the Dilkon district said Vann is on paid administrative leave pending the outcome of an internal investigation.
“Nobody is above the law,” Lee said. “I commend the staff and law enforcement personnel at the Flagstaff Police Department on doing a fine job.”
Officer Mitchell Sent Text Messages to Woman Accused of Drunk Driving
Days after an officer arrested a woman on suspicion of drunken driving, police say he used his personal cell phone to send more than 90 text messages, some including photographs, to the suspect.
The texting is the basis of an internal investigation by Police Chief Robert Williams.
WHAT HAPPENED?
On Thanksgiving Day, three officers, including veteran officer John Mitchell, conducted a traffic stop at Wales Road and Andrew Avenue NE, according to police reports. Witnesses had reported a possible drunken driver operating a gold Ford Taurus in the area.
The officers conducted field sobriety tests on a 58-year-old Perry Township woman, who acted “lethargic” and failed to respond well to officers’ instructions, reports said. Police found in her car a straw and mirror, as well as bottles of prescription medications.
The suspect was taken to Affinity Medical Center for blood and urine tests. She was arrested and charged with misdemeanor counts of failure to control, operating a vehicle impaired, and possession of drugs and drug paraphernalia. The Independent generally does not name misdemeanors crime suspects.
Days after the arrest, more than 90 text messages were sent from Mitchell’s cell phone to the suspect. The suspect showed the material to her attorney, Jeff Jakmides, who took the information to Williams and Chief City Prosecutor John Simpson.
Williams said he immediately launched an internal investigation into Mitchell’s alleged misuse of a personal cell phone to communicate with the suspect.
Mitchell has not been charged with a crime. It is unknown if the allegations against him would rise to criminal charges if they are found to be true. Mitchell remains on duty, according to Mayor Francis H. Cicchinelli, because the matter still is being investigated.
NO DISCIPLINARY RECORD
Mitchell’s personnel record does not contain information about the investigation. He was hired March 18, 1996, and has no record of discipline.
Attempts to reach Mitchell at the Police Department on Thursday were unsuccessful. Williams, speaking through a clerk, would not permit The Independent to speak to Mitchell or his union representative.
Jakmides would not comment on specifics of the text messages.
“My client is cooperating with the Massillon Police Department, specifically Lt. (Keith) Moser, in the investigation of the conduct of one Massillon police officer that was involved in that arrest,” Jakmides said.
“The investigation is still ongoing, and my client and I are scheduled to meet again with the police authorities. We have turned over certain documentation and I suppose since the matter is a pending investigation, we probably shouldn’t comment any further.”
Jakmides said his client has no plans to take any legal action against the officer at this time.
“I don’t want to jeopardize any investigation, and I don’t know that it would really be fair to the officer either because the investigation is going to show what it’s going to show,” he said.
“I don’t know what they intend to do with the information. This is a police matter, and we’re going to let the police handle it the way they see fit.”
Williams said there is no timeline to complete the investigation. He noted that the suspect still was in the process of turning over about a dozen of the text messages as of Thursday.
Law Director Perry Stergios said his office is aware of the case, but is waiting for the department to finish its investigation.
Safety-Service Director Mike Loudiana said the case has been prolonged, in part, because the city is in the process of acquiring phone records. Stergios expects the case to be forwarded the Canton City Prosecutor’s Office when it is completed to avoid any appearance of impropriety.
DUI CHARGES DISMISSED
While the internal investigation continues into the officer’s actions after the drunken driving arrest, all but one traffic charge has been dismissed against the woman.
A blood test showed no signs of alcohol. A urine test showed no signs of drugs or alcohol. And crime lab test proved that the straw and mirror contained no drug residue, Prosecuting Attorney Laura Darrow said.
Jakmides also provided prescriptions for the medications found in the suspect’s car.
“I knew right away that I was going to dismiss this,” Darrow said. “As far as I’m concerned, these pictures or text messages have nothing to do with my case. My labs are what control my case. I cannot prosecute when the exculpatory evidence shows they are not guilty.”
Massillon Municipal Judge Edward Elum dismissed the criminal charges and the suspect pleaded to a charge of failure to control.
The texting is the basis of an internal investigation by Police Chief Robert Williams.
WHAT HAPPENED?
On Thanksgiving Day, three officers, including veteran officer John Mitchell, conducted a traffic stop at Wales Road and Andrew Avenue NE, according to police reports. Witnesses had reported a possible drunken driver operating a gold Ford Taurus in the area.
The officers conducted field sobriety tests on a 58-year-old Perry Township woman, who acted “lethargic” and failed to respond well to officers’ instructions, reports said. Police found in her car a straw and mirror, as well as bottles of prescription medications.
The suspect was taken to Affinity Medical Center for blood and urine tests. She was arrested and charged with misdemeanor counts of failure to control, operating a vehicle impaired, and possession of drugs and drug paraphernalia. The Independent generally does not name misdemeanors crime suspects.
Days after the arrest, more than 90 text messages were sent from Mitchell’s cell phone to the suspect. The suspect showed the material to her attorney, Jeff Jakmides, who took the information to Williams and Chief City Prosecutor John Simpson.
Williams said he immediately launched an internal investigation into Mitchell’s alleged misuse of a personal cell phone to communicate with the suspect.
Mitchell has not been charged with a crime. It is unknown if the allegations against him would rise to criminal charges if they are found to be true. Mitchell remains on duty, according to Mayor Francis H. Cicchinelli, because the matter still is being investigated.
NO DISCIPLINARY RECORD
Mitchell’s personnel record does not contain information about the investigation. He was hired March 18, 1996, and has no record of discipline.
Attempts to reach Mitchell at the Police Department on Thursday were unsuccessful. Williams, speaking through a clerk, would not permit The Independent to speak to Mitchell or his union representative.
Jakmides would not comment on specifics of the text messages.
“My client is cooperating with the Massillon Police Department, specifically Lt. (Keith) Moser, in the investigation of the conduct of one Massillon police officer that was involved in that arrest,” Jakmides said.
“The investigation is still ongoing, and my client and I are scheduled to meet again with the police authorities. We have turned over certain documentation and I suppose since the matter is a pending investigation, we probably shouldn’t comment any further.”
Jakmides said his client has no plans to take any legal action against the officer at this time.
“I don’t want to jeopardize any investigation, and I don’t know that it would really be fair to the officer either because the investigation is going to show what it’s going to show,” he said.
“I don’t know what they intend to do with the information. This is a police matter, and we’re going to let the police handle it the way they see fit.”
Williams said there is no timeline to complete the investigation. He noted that the suspect still was in the process of turning over about a dozen of the text messages as of Thursday.
Law Director Perry Stergios said his office is aware of the case, but is waiting for the department to finish its investigation.
Safety-Service Director Mike Loudiana said the case has been prolonged, in part, because the city is in the process of acquiring phone records. Stergios expects the case to be forwarded the Canton City Prosecutor’s Office when it is completed to avoid any appearance of impropriety.
DUI CHARGES DISMISSED
While the internal investigation continues into the officer’s actions after the drunken driving arrest, all but one traffic charge has been dismissed against the woman.
A blood test showed no signs of alcohol. A urine test showed no signs of drugs or alcohol. And crime lab test proved that the straw and mirror contained no drug residue, Prosecuting Attorney Laura Darrow said.
Jakmides also provided prescriptions for the medications found in the suspect’s car.
“I knew right away that I was going to dismiss this,” Darrow said. “As far as I’m concerned, these pictures or text messages have nothing to do with my case. My labs are what control my case. I cannot prosecute when the exculpatory evidence shows they are not guilty.”
Massillon Municipal Judge Edward Elum dismissed the criminal charges and the suspect pleaded to a charge of failure to control.
Lt James Cifala Charged with Receiving Child Porn
An Anne Arundel County police lieutenant is in federal custody on charges he received child pornography in the form of sexually explicit text messages and digital pictures sent to his cell phone by a teenage girl more than 30 years his junior.
Lt. James B. Cifala, 47, could be sentenced to between five and 20 years in prison if convicted. A detention hearing is scheduled today.
"This case is particularly disturbing because it involves an individual who had a professional duty of protecting our children," Richard McFeely, the special agent in charge of the Baltimore office of the FBI, said in a statement.
According to a redacted FBI affidavit filed, a mother and stepfather contacted the agency's Baltimore division in September, concerned that their daughter, who was born in 1993, was involved in a sexual relationship with an adult male.
Text messages between the girl and a man named "Johnny," identified by agents as Cifala, are explicit.
"You were great today," reads an Aug. 15 message sent from Johnny. "Sex with you is fun," the girl replied.
Between Aug. 14 and Sept. 6, 2009, there were more than 1,300 exchanges, mostly texts, between their cell phones. The girl told agents she also sent nude photos to Cifala, who is also accused of sending images of himself. Cifala made his initial appearance in Baltimore U.S. District Court on Thursday, wearing what appeared to be police apparel: a dark, long-sleeved shirt with epaulets and cargo-style pants. He was arrested Wednesday.
A defense attorney, standing in temporarily, declined to comment on Cifala's behalf, as did three family members, including his wife, who were in the courtroom. She passed Cifala his blood pressure medication after the brief hearing, and the couple exchanged a kiss by putting their lips to their fingertips and touching hands before he was led from the room in cuffs.
Anne Arundel County police spokesman Justin Mulcahey said Cifala, a 27-year member of the force, is still employed with the department. He declined to address whether he had been suspended, as was suggested in court. Department regulations allow an officer to be suspended without pay if charged with a felony.
"The Police Department holds its officers to the highest ethical standards," Col. James Teare, Sr., chief of police, said.
The Arundel state's attorney's office said that it's unlikely Cifalo was an arresting officer recently because of his rank. Still, officials plan to review whether his testimony is central to any pending cases, said spokeswoman Kristin Fleckenstein.
Lt. James B. Cifala, 47, could be sentenced to between five and 20 years in prison if convicted. A detention hearing is scheduled today.
"This case is particularly disturbing because it involves an individual who had a professional duty of protecting our children," Richard McFeely, the special agent in charge of the Baltimore office of the FBI, said in a statement.
According to a redacted FBI affidavit filed, a mother and stepfather contacted the agency's Baltimore division in September, concerned that their daughter, who was born in 1993, was involved in a sexual relationship with an adult male.
Text messages between the girl and a man named "Johnny," identified by agents as Cifala, are explicit.
"You were great today," reads an Aug. 15 message sent from Johnny. "Sex with you is fun," the girl replied.
Between Aug. 14 and Sept. 6, 2009, there were more than 1,300 exchanges, mostly texts, between their cell phones. The girl told agents she also sent nude photos to Cifala, who is also accused of sending images of himself. Cifala made his initial appearance in Baltimore U.S. District Court on Thursday, wearing what appeared to be police apparel: a dark, long-sleeved shirt with epaulets and cargo-style pants. He was arrested Wednesday.
A defense attorney, standing in temporarily, declined to comment on Cifala's behalf, as did three family members, including his wife, who were in the courtroom. She passed Cifala his blood pressure medication after the brief hearing, and the couple exchanged a kiss by putting their lips to their fingertips and touching hands before he was led from the room in cuffs.
Anne Arundel County police spokesman Justin Mulcahey said Cifala, a 27-year member of the force, is still employed with the department. He declined to address whether he had been suspended, as was suggested in court. Department regulations allow an officer to be suspended without pay if charged with a felony.
"The Police Department holds its officers to the highest ethical standards," Col. James Teare, Sr., chief of police, said.
The Arundel state's attorney's office said that it's unlikely Cifalo was an arresting officer recently because of his rank. Still, officials plan to review whether his testimony is central to any pending cases, said spokeswoman Kristin Fleckenstein.
Police Misconduct Lawsuit Settled in New Orleans
Attorneys for the city of New Orleans recently settled a pair of high-profile federal lawsuits alleging police misconduct.
One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.
On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.
According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.
Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.
Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."
Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.
"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."
Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.
Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.
Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.
The city settled the case for $25,000, according to Moses-Fields.
"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."
One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.
Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.
Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.
The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.
Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.
The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.
A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.
One alleged brawl, involving city transit workers and off-duty officers, took place on Mardi Gras night at the Beach Corner bar in Mid-City. The other case centered on an incident in July 2006 inside a Central City bar.
On Friday, the city attorney's office reached a settlement in federal court with the American Civil Liberties Union, which represents Steven Elloie, a bar manager who alleged he was beaten, twice shocked with a Taser stun gun and falsely arrested inside the Sportsman's Corner bar.
According to the suit, Elloie was taking inventory in the stockroom that night when the officers "entered the bar in an aggressive and belligerent manner" and announced they were looking for two young black men wearing blue jeans and white T-shirts. The 16 customers inside the bar told the police that no one fitting that description had come in.
Though they had no search warrant or permission to search the bar, the officers began "forcefully opening and attempting to open doors," and one officer grabbed Elloie and told him he was going to jail, the suit alleged. Elloie said four or five cops then began hitting and kicking him.
Police booked him with resisting arrest and battery on one of the police officers, but the charges were later dropped. The Elloie family filed Public Integrity Bureau complaints with more than a dozen supporting witnesses. The internal affairs division of the NOPD found that Elloie's claims were "unsubstantiated."
Elloie's attorney, Katie Schwartzmann of the ACLU, declined to release the settlement amount, which is in addition to attorney's fees.
"The settlement in this case is a great outcome for Steven Elloie, but until we have meaningful internal accountability for officers who break the law, we will continue to have problems with police misconduct in this City," Schwartzmann said in a released statement. "People must be able to trust the police."
Police spokesman Bob Young did not immediately return a request for comment Friday. The city attorney, Penya Moses-Fields, did not return a request for comment late Friday afternoon regarding the Elloie case.
Some of the same officers involved in the Elloie incident were later involved in another well-publicized case. That case, closed Friday in federal district court, was brought by a Regional Transit Authority employee who alleged he, and some co-workers, were beaten and falsely arrested in a racially charged bar brawl with off-duty officers in 2008. The dismissal came two weeks after the two sides reached an agreement.
Lamont Williams, the RTA worker, alleged that he and three co-workers, who are all black, were subjected to racial epithets, followed outside and beaten by off-duty, plainclothes officers. He also alleged that a police officer pulled a gun from a co-worker's car, planted it on Williams, then falsely arrested him for possession of a gun - a charge that was later dropped.
The city settled the case for $25,000, according to Moses-Fields.
"The City of New Orleans decided it was a good business decision to settle the cases because litigating them to completion would have cost more than $25,000," Moses-Fields wrote in an e-mail message. "The City of New Orleans entered into the settlement with absolutely no admission of liability."
One of the officers, David Lapene, was dropped from the lawsuit "after it became apparent that the officer had absolutely nothing to do with" the incident, Moses-Field noted.
Police attorney Frank DeSalvo said Friday that the "whole case was a sham" and that the small settlement amount shows the allegations had little merit.
Attorney Stephen Rue, who brought the case, said Williams had difficulty identifying the specific officer who punched him. Ultimately, Williams wanted to settle the case and move on, Rue said.
The NOPD's own initial investigation concluded that five officers broke police conduct rules and then lied to investigators, with at least one officer coercing a civilian witness to lie.
Police Superintendent Warren Riley fired two officers: Sgt. Warren Keller Jr, who allegedly exchanged harsh words with Williams inside the restroom stall, kicking off the imbroglio; and Lapene, who was dropped from the federal suit, and who allegedly threw a punch that landed on William's face. Both officers have appealed their terminations to the city's Civil Service Commission.
The NOPD initial investigation also concluded that another off-duty officer, Jennifer Samuel, committed wrongdoing. She was suspended for 80 days.
A criminal inquiry into the officers' actions was opened, but charges were never filed. Then-District Attorney Keva Landrum-Johnson's office responded to the NOPD in writing, saying the matter had been refused for prosecution because an essential witness, RTA worker Kennis Hagan, had drowned in an unrelated incident.
Thursday, January 21, 2010
Officer Charles Wells Arrested on Drug Charges
A Jacksonville police officer arrested on multiple drug-related charges by the Lonoke County Sheriff’s Office has been fired following an internal investigation by the Jacksonville Police Department.
Initially, a Jan. 4 drug raid conducted by the Lonoke County Sheriff’s Office netted not only Jacksonville officer Charles Wells, but his wife, Melissa Wells, at their Cabot home.
Both were arrested and then taken to the Lonoke County Detention facility. A narcotics investigation prompted the search warrant, officials say.
The couple was arrested on nine misdemeanor counts of possession of a prescribed medicine without a prescription and one felony count of possession of a prescribed medicine without a prescription, according to a press release from the Lonoke County Sheriff’s Office.
The press release reads, “Located and seized at the residence were numerous bottles of prescription medication in various names.” Some of the prescription medication allegedly belonged to deceased individuals.
The day after the Wells’ arrest, Jacksonville Police Department public information officer, Capt. Kenny Boyd, said Wells was on leave pending an internal investigation. Boyd said Wells has worked for the department since 1998.
That investigation uncovered several allegations and Boyd said on Wednesday, Jan. 13, that Wells had been fired the day before.
Documents released Jan. 13 by the department revealed that Wells had warrants listing both theft of property and abuse of power offenses issued against him by the Jacksonville District Court. Around 4 p.m. of the same day, Wells turned himself in at the police station in downtown Jacksonville. Wells was then arrested on one misdemeanor count each of theft of property and abuse of office. Bail for his second arrest was set at $1,000.
The incident uncovered during the investigation apparently took place Feb. 5, 2009. One of the documents released by the department alleges two officers, one identified as Wells, had responded to a Madison Street residence in reference to a deceased person. A witness told the other officer that the woman had refused to go to the emergency room at 5 a.m. and she was found unresponsive at 2:30 p.m. That woman had been treated for cancer for about five years.
A funeral home was summoned to the scene and medications prescribed to the woman were collected and listed on the report as destroyed, police say. Those medications included Gabapentin, Spironolactone, Ondanesetron and Clonidine.
During a Jan. 11 search of Wells’ home, Lonoke County Sheriff’s Office deputies reported finding five bottles of prescription medication in the name of the deceased woman.
Those medications were identified as Gabapentin, Spironolactone, Ondansetron and Clonidine. Gabapentin may prevent migraine headaches as well as being used to relieve pain. Spironolactone is a diuretic. Ondansetron is given to patients undergoing chemotherapy to lessen nausea. Clonidine treats various medical conditions ranging from insomnia to Tourette Syndrome.
On Jan. 11, the other officer who responded to Madison Street residence advised that the medicine had been placed into two plastic bags and “Sgt. Wells stated [to the officer] that he would take the medicine to the PD [Jacksonville Police Department] and destroy it.”
Wells had been promoted to the rank of sergeant in 2004 but in 2009 he was demoted to the position of officer, Boyd said.
Initially, a Jan. 4 drug raid conducted by the Lonoke County Sheriff’s Office netted not only Jacksonville officer Charles Wells, but his wife, Melissa Wells, at their Cabot home.
Both were arrested and then taken to the Lonoke County Detention facility. A narcotics investigation prompted the search warrant, officials say.
The couple was arrested on nine misdemeanor counts of possession of a prescribed medicine without a prescription and one felony count of possession of a prescribed medicine without a prescription, according to a press release from the Lonoke County Sheriff’s Office.
The press release reads, “Located and seized at the residence were numerous bottles of prescription medication in various names.” Some of the prescription medication allegedly belonged to deceased individuals.
The day after the Wells’ arrest, Jacksonville Police Department public information officer, Capt. Kenny Boyd, said Wells was on leave pending an internal investigation. Boyd said Wells has worked for the department since 1998.
That investigation uncovered several allegations and Boyd said on Wednesday, Jan. 13, that Wells had been fired the day before.
Documents released Jan. 13 by the department revealed that Wells had warrants listing both theft of property and abuse of power offenses issued against him by the Jacksonville District Court. Around 4 p.m. of the same day, Wells turned himself in at the police station in downtown Jacksonville. Wells was then arrested on one misdemeanor count each of theft of property and abuse of office. Bail for his second arrest was set at $1,000.
The incident uncovered during the investigation apparently took place Feb. 5, 2009. One of the documents released by the department alleges two officers, one identified as Wells, had responded to a Madison Street residence in reference to a deceased person. A witness told the other officer that the woman had refused to go to the emergency room at 5 a.m. and she was found unresponsive at 2:30 p.m. That woman had been treated for cancer for about five years.
A funeral home was summoned to the scene and medications prescribed to the woman were collected and listed on the report as destroyed, police say. Those medications included Gabapentin, Spironolactone, Ondanesetron and Clonidine.
During a Jan. 11 search of Wells’ home, Lonoke County Sheriff’s Office deputies reported finding five bottles of prescription medication in the name of the deceased woman.
Those medications were identified as Gabapentin, Spironolactone, Ondansetron and Clonidine. Gabapentin may prevent migraine headaches as well as being used to relieve pain. Spironolactone is a diuretic. Ondansetron is given to patients undergoing chemotherapy to lessen nausea. Clonidine treats various medical conditions ranging from insomnia to Tourette Syndrome.
On Jan. 11, the other officer who responded to Madison Street residence advised that the medicine had been placed into two plastic bags and “Sgt. Wells stated [to the officer] that he would take the medicine to the PD [Jacksonville Police Department] and destroy it.”
Wells had been promoted to the rank of sergeant in 2004 but in 2009 he was demoted to the position of officer, Boyd said.
Officer Nikia Adams Arrested for Being Cruel to Animals
Nikia Adams was arrested Thursday for allegedly being cruel to animals. St John Parish deputies say Adams was arrested after two of her dogs were found earlier this week severely malnourished.
The St. John animal shelter called deputies after going to Adam’s home Tuesday to help with the removal of a deceased pet.
Adams is now out on bond.
Officer Charles Henderson Charged with Pulling Weapon During Altercation While Off-Duty
An off duty Canton Police Officer is accused of pulling his gun on a man during an altercation outside a restaurant. Officer Charles Henderson faces a misdemeanor charge for the threatening behavior.
“It’s always disappointing anytime any of our officers is focused on in a negative manner,“ said Canton Police Chief Vickie McNeill. “That’s hurtful to the department, but we’ll deal with it. He is a part of our department. We’ll look at every side of it and make a decision based on that.“
Yazoo City Police say Henderson got into a scuffle with a man at the Rib Eye Steak House in Yazoo City. When the fight heated up they went outside, and Henderson reportedly pulled his gun on the man.
The Canton Police Chief says Henderson has been taken off the streets and is doing desk duty until the case is heard in justice court.
The chief says officers are not allowed to carry their guns off duty.
“This situation came as a surprise to us,“ said Chief McNeill. “Before we can make a call one way or the other, we first must know the investigative report details.“
Chief McNeill says because he faces only a misdemeanor charge and not a felony, even if he is convicted there’s a good chance he won’t won’t lose his job over it.
“I realize that there are gonna be shortcomings here and there because humans are still human beings,“ said Chief McNeill. “And you can’t make them be anything else other than that.“
The chief says Henderson has been an officer with the Canton Police Department for about three years.
“It’s always disappointing anytime any of our officers is focused on in a negative manner,“ said Canton Police Chief Vickie McNeill. “That’s hurtful to the department, but we’ll deal with it. He is a part of our department. We’ll look at every side of it and make a decision based on that.“
Yazoo City Police say Henderson got into a scuffle with a man at the Rib Eye Steak House in Yazoo City. When the fight heated up they went outside, and Henderson reportedly pulled his gun on the man.
The Canton Police Chief says Henderson has been taken off the streets and is doing desk duty until the case is heard in justice court.
The chief says officers are not allowed to carry their guns off duty.
“This situation came as a surprise to us,“ said Chief McNeill. “Before we can make a call one way or the other, we first must know the investigative report details.“
Chief McNeill says because he faces only a misdemeanor charge and not a felony, even if he is convicted there’s a good chance he won’t won’t lose his job over it.
“I realize that there are gonna be shortcomings here and there because humans are still human beings,“ said Chief McNeill. “And you can’t make them be anything else other than that.“
The chief says Henderson has been an officer with the Canton Police Department for about three years.
Officer Stephen Mitchell Charged with Rape
Pc Stephen Mitchell, an officer with Northumbria police, spoke only to confirm his name, age and address during the brief hearing at Newcastle magistrates’ court.
Mitchell, 41, has been charged with six offenses of rape, two of sexual assault, 16 of indecent assault and 19 of misconduct in a public office.
The allegations involve 19 people are said to have taken place between 1999 and 2007.
He was remanded in custody until Thursday, when his solicitor is expected to make an application for bail.
The Independent Police Complaints Commission (IPCC) said Mitchell, who has
served in the Newcastle and Northumberland area commands, was arrested in
Glasgow on Monday and taken back to the North East.
He appeared in court yesterday flanked by two officers and wearing jeans, a white t-shirt and black sweatshirt.
An IPCC spokesman added: "This is an ongoing investigation and anyone with information which they feel could be relevant to the inquiry is asked to contact Northumbria Police.
A spokesman for Northumbria police said that Mitchell, from Whitley Bay, was suspended last year.
The alleged victims are believed to have been suspected criminals, drug addicts and homeless women.
His arrest came following a year-long investigation by Northumbria Police's Professional Standards Department, under the management of the IPCC.
Mitchell, 41, has been charged with six offenses of rape, two of sexual assault, 16 of indecent assault and 19 of misconduct in a public office.
The allegations involve 19 people are said to have taken place between 1999 and 2007.
He was remanded in custody until Thursday, when his solicitor is expected to make an application for bail.
The Independent Police Complaints Commission (IPCC) said Mitchell, who has
served in the Newcastle and Northumberland area commands, was arrested in
Glasgow on Monday and taken back to the North East.
He appeared in court yesterday flanked by two officers and wearing jeans, a white t-shirt and black sweatshirt.
An IPCC spokesman added: "This is an ongoing investigation and anyone with information which they feel could be relevant to the inquiry is asked to contact Northumbria Police.
A spokesman for Northumbria police said that Mitchell, from Whitley Bay, was suspended last year.
The alleged victims are believed to have been suspected criminals, drug addicts and homeless women.
His arrest came following a year-long investigation by Northumbria Police's Professional Standards Department, under the management of the IPCC.
Two New York Officers Suspended After Video Shows Them Striking Handcuffed Man
Two New York City police officers were suspended without pay after a video surfaced showing them striking a handcuffed man this month in the Bronx, officials said Thursday. The video was shot after a failed undercover drug operation during which two other officers were wounded when they were hit in a ricochet of shots fired at a charging pit bull.
Police Commissioner Raymond W. Kelly said the Bronx district attorney’s office and the Police Department’s Internal Affairs Bureau were investigating but had not determined if the officers would face criminal charges.
“If you see this film, you see a prisoner who is handcuffed, who is laying on his face, and he is struck by a uniformed officer,” Mr. Kelly said. “We simply are never going to tolerate something like that; we’re going to take swift and firm action when we see activities of that nature.”
Police officials identified the two officers, both from the 52nd Precinct, as William Green, 26, who joined the force in 2005, and John Cicero, 28, who became an officer in 2008.
Mr. Kelly said two supervisors on the scene had been placed on modified assignment, but he declined to say if anyone else would be disciplined. Police officials identified the disciplined supervisors as Sgt. Junior Carela of the 52nd Precinct and Sgt. Phillip Connor of the 50th Precinct.
“They were in the vicinity and either should have known or, at a minimum, reported the fact that this had happened,” a law enforcement official said of the sergeants. He did not want to be quoted by name because the investigation was continuing.
The official said it was unlikely the investigation would be broadened to include other officers who were outside a residential building on Davidson Avenue when the undercover drug operation fell apart on Jan. 5.
Officers Green and Cicero were suspended within 24 hours after a video of the two men hitting the man — filmed by a civilian from an apartment window — was given to the Internal Affairs Bureau by investigators from the district attorney’s office, officials said.
Jeffrey L. Emdin, a lawyer for the handcuffed man, said he gave the footage to prosecutors at the end of last week.
Officials identified the handcuffed man as Jonathan Baez, 24, of the Bronx. Mr. Baez was initially charged with obstructing governmental administration and resisting arrest, but the charges have been dropped. It was unclear what role, if any, he played in the events that occurred after the undercover drug operation fell apart.
Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, declined to characterize the nature of the investigation.
“We are aware of allegations concerning this videotape and this beating, and we are investigating it,” he said.
Albert W. O’Leary, a spokesman for Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, declined to comment on the matter.
The events began about 8 p.m. as officers were chasing a suspect as part of the undercover investigation. During the chase, one officer fired at a pit bull that charged them; a bullet ricocheted and injured two other officers. The police said they did not believe that Mr. Baez released the pit bull.
Mr. Emdin said the videotape suggested that other officers should be investigated “and perhaps arrested.”
“There is no shock among the officers,” Mr. Emdin said. “There is no sign of outrage by any officers who witnessed it, who heard the cries for help. In fact, they just look as if it was business as usual.”
Police Commissioner Raymond W. Kelly said the Bronx district attorney’s office and the Police Department’s Internal Affairs Bureau were investigating but had not determined if the officers would face criminal charges.
“If you see this film, you see a prisoner who is handcuffed, who is laying on his face, and he is struck by a uniformed officer,” Mr. Kelly said. “We simply are never going to tolerate something like that; we’re going to take swift and firm action when we see activities of that nature.”
Police officials identified the two officers, both from the 52nd Precinct, as William Green, 26, who joined the force in 2005, and John Cicero, 28, who became an officer in 2008.
Mr. Kelly said two supervisors on the scene had been placed on modified assignment, but he declined to say if anyone else would be disciplined. Police officials identified the disciplined supervisors as Sgt. Junior Carela of the 52nd Precinct and Sgt. Phillip Connor of the 50th Precinct.
“They were in the vicinity and either should have known or, at a minimum, reported the fact that this had happened,” a law enforcement official said of the sergeants. He did not want to be quoted by name because the investigation was continuing.
The official said it was unlikely the investigation would be broadened to include other officers who were outside a residential building on Davidson Avenue when the undercover drug operation fell apart on Jan. 5.
Officers Green and Cicero were suspended within 24 hours after a video of the two men hitting the man — filmed by a civilian from an apartment window — was given to the Internal Affairs Bureau by investigators from the district attorney’s office, officials said.
Jeffrey L. Emdin, a lawyer for the handcuffed man, said he gave the footage to prosecutors at the end of last week.
Officials identified the handcuffed man as Jonathan Baez, 24, of the Bronx. Mr. Baez was initially charged with obstructing governmental administration and resisting arrest, but the charges have been dropped. It was unclear what role, if any, he played in the events that occurred after the undercover drug operation fell apart.
Steven Reed, a spokesman for the Bronx district attorney, Robert T. Johnson, declined to characterize the nature of the investigation.
“We are aware of allegations concerning this videotape and this beating, and we are investigating it,” he said.
Albert W. O’Leary, a spokesman for Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, declined to comment on the matter.
The events began about 8 p.m. as officers were chasing a suspect as part of the undercover investigation. During the chase, one officer fired at a pit bull that charged them; a bullet ricocheted and injured two other officers. The police said they did not believe that Mr. Baez released the pit bull.
Mr. Emdin said the videotape suggested that other officers should be investigated “and perhaps arrested.”
“There is no shock among the officers,” Mr. Emdin said. “There is no sign of outrage by any officers who witnessed it, who heard the cries for help. In fact, they just look as if it was business as usual.”
Officer Richard Leese Arrested for Drunk Driving
A Clarksville Police Department officer was arrested for driving under the influence on Macedonia Road in an incident early this morning.
Richard Allen Leese, 27, of Dover, was arrested at 1495 Macedonia Road by Deputy Jim Sanders of the Henry County Sheriff’s Department.
Sanders and Sheriff’s Department Sgt. Eddie Forrest responded to a complaint that someone who was possibly drunk had wrecked a truck into the yard at a Macedonia Road residence.
The Sheriff’s Department officers were allegedly greeted by Leese holding out his badge as he told them that he was an officer with the Clarksville Police Department.
Leese allegedly told officers that he had drank three beers between 6 and 7:30 p.m. and said he thought it was about 9 p.m., when it was actually 2:20 a.m.
After failing a field sobriety test, Leese refused to to take a breathalyzer test and was arrested and charged with violation of implied consent and driving under the influence. He was placed in a safe area in the jail pending his bond because of his status as a Clarksville police officer.
Bond was set at $1,500; he is scheduled to appear Feb. 23 in Henry County General Sessions Court.
Richard Allen Leese, 27, of Dover, was arrested at 1495 Macedonia Road by Deputy Jim Sanders of the Henry County Sheriff’s Department.
Sanders and Sheriff’s Department Sgt. Eddie Forrest responded to a complaint that someone who was possibly drunk had wrecked a truck into the yard at a Macedonia Road residence.
The Sheriff’s Department officers were allegedly greeted by Leese holding out his badge as he told them that he was an officer with the Clarksville Police Department.
Leese allegedly told officers that he had drank three beers between 6 and 7:30 p.m. and said he thought it was about 9 p.m., when it was actually 2:20 a.m.
After failing a field sobriety test, Leese refused to to take a breathalyzer test and was arrested and charged with violation of implied consent and driving under the influence. He was placed in a safe area in the jail pending his bond because of his status as a Clarksville police officer.
Bond was set at $1,500; he is scheduled to appear Feb. 23 in Henry County General Sessions Court.
Wednesday, January 20, 2010
Probation Officer James Stanton Accused of Taking Cash & Sex in Exchange for Favorable Report
A state probation officer accused of taking sex and cash from a woman in exchange for favorable probation reports had sex with her in isolated areas of the Nesbett Courthouse for more than a year before being reported, according to documents filed in court today.
James Stanton, 53, was arrested Tuesday on charges of accepting a bribe and official misconduct after undercover police officers sent the alleged victim in to a meeting with him in his office at the Nesbett on Tuesday wearing a wire, the court documents say.
Stanton works in the state Department of Health and Social Service's Alcohol Safety Action Program, a treatment program often court-ordered for probationers. He is accused of certifying that the woman's court-ordered drug and alcohol urinalysis results came back clean, though the woman admits she was using, police said. Failure to deliver a clean drug or alcohol result in the periodic tests can result in jail time.
The woman is on felony probation in therapeutic court -- a volunteer program for those who want to get clean -- but is identified in court documents only as Jane Doe.
Police say she initially began giving Stanton money -- "hundreds of dollars" -- in December 2008 to ignore positive drug test results or not report probation violations.
By last January, the woman didn't have enough to pay and began performing oral sex on him, according to an affidavit filed in court by Assistant District Attorney Dan Shorey. She later had sex with Stanton in the therapeutic court offices in the Nesbett and in a boiler room in an underground tunnel that connects that building to the next-door Boney Courthouse, he wrote.
In the conversation recorded Tuesday at the courthouse, the woman, who is wearing an arm brace, told Stanton she hurt her arm driving drunk on a snowmachine in her home village, a violation of her probation. Stanton laughed at the news, according to Shorey's affidavit.
At the time, the woman delivered $200 in marked bills as a payoff to Stanton, who accepted the money as they talked about her not being off drugs and alcohol, the affidavit says. The two also discussed their past sexual encounters and whether Stanton had been taking his Viagra, according to the documents. When the woman asked if he needed it, Stanton replied, "not with you," according to Shorey's affidavit.
They then walked down to a conference room, where Stanton allegedly unbuttoned the woman's shirt and touched her breast, the affidavit says. When the woman said she no longer wanted to have sex, and only pay him the cash, Stanton replied, "I don't need any more money," Shorey wrote. The woman left and police arrested Stanton.
Stanton, who is jailed with bail set at $10,000, made an initial appearance in Anchorage jail court this afternoon. Stanton said nothing, but his attorney, Michael Moberly, seeking to reduce a third-party custodian bail requirement, characterized the crime as a "victimless" public administration violation.
District Court Judge Gregory Motyka set a bail hearing for Thursday morning to decide whether Stanton could be released with an electronic monitoring device.
Moberly declined to comment after the hearing.
According to court records, Stanton has no criminal history in Alaska.
Police say they suspect there may be other victims. Anyone with information about the case is asked to call 786-8900.
James Stanton, 53, was arrested Tuesday on charges of accepting a bribe and official misconduct after undercover police officers sent the alleged victim in to a meeting with him in his office at the Nesbett on Tuesday wearing a wire, the court documents say.
Stanton works in the state Department of Health and Social Service's Alcohol Safety Action Program, a treatment program often court-ordered for probationers. He is accused of certifying that the woman's court-ordered drug and alcohol urinalysis results came back clean, though the woman admits she was using, police said. Failure to deliver a clean drug or alcohol result in the periodic tests can result in jail time.
The woman is on felony probation in therapeutic court -- a volunteer program for those who want to get clean -- but is identified in court documents only as Jane Doe.
Police say she initially began giving Stanton money -- "hundreds of dollars" -- in December 2008 to ignore positive drug test results or not report probation violations.
By last January, the woman didn't have enough to pay and began performing oral sex on him, according to an affidavit filed in court by Assistant District Attorney Dan Shorey. She later had sex with Stanton in the therapeutic court offices in the Nesbett and in a boiler room in an underground tunnel that connects that building to the next-door Boney Courthouse, he wrote.
In the conversation recorded Tuesday at the courthouse, the woman, who is wearing an arm brace, told Stanton she hurt her arm driving drunk on a snowmachine in her home village, a violation of her probation. Stanton laughed at the news, according to Shorey's affidavit.
At the time, the woman delivered $200 in marked bills as a payoff to Stanton, who accepted the money as they talked about her not being off drugs and alcohol, the affidavit says. The two also discussed their past sexual encounters and whether Stanton had been taking his Viagra, according to the documents. When the woman asked if he needed it, Stanton replied, "not with you," according to Shorey's affidavit.
They then walked down to a conference room, where Stanton allegedly unbuttoned the woman's shirt and touched her breast, the affidavit says. When the woman said she no longer wanted to have sex, and only pay him the cash, Stanton replied, "I don't need any more money," Shorey wrote. The woman left and police arrested Stanton.
Stanton, who is jailed with bail set at $10,000, made an initial appearance in Anchorage jail court this afternoon. Stanton said nothing, but his attorney, Michael Moberly, seeking to reduce a third-party custodian bail requirement, characterized the crime as a "victimless" public administration violation.
District Court Judge Gregory Motyka set a bail hearing for Thursday morning to decide whether Stanton could be released with an electronic monitoring device.
Moberly declined to comment after the hearing.
According to court records, Stanton has no criminal history in Alaska.
Police say they suspect there may be other victims. Anyone with information about the case is asked to call 786-8900.
Detective John Killackey Charged with Pointing Weapon at Cab Driver
Chicago police detective John Killackey has been charged with misdemeanor theft and assault for stiffing a cab driver on a fare in April and threatening him with a gun when the driver asked for payment, officials said today.
Killackey, 32, is listed in public records as a police detective who joined the police force in 2000. According to a source, the officer is the son of Jack Killackey, the former commander of the Deering police district. The elder Killackey is currently an official at the Chicago Office of Emergency Management and Communication.
The driver, Karl Clermont, has said he picked up Killackey on April 23. When they arrived at his destination near Armitage and Damen Avenues, Killackey, who was off-duty at the time, refused to pay his $8 cab fare and pulled a handgun on Clermont, the driver alleged.
Killackey appeared to be intoxicated when Clermont picked him up at about 1:35 a.m. and drove to the Bucktown destination, said George Lutfallah, who first wrote about the case in Chicago Dispatcher, a publication on taxi-related subjects.
When they arrived, Killackey got out of the cab and started to walk away without paying the fare, Luftallah said. Clermont called after him, and he returned to the taxi.
Killackey allegedly brandished a handgun as he told the driver he didn't owe him anything. "Get out of the car and see what happens," the detective said, according to Luftallah.
Clermont called 911, and when officers arrived they found Killackey in a nearby alley; when they saw his identification, his badge and his gun, they learned he was a police officer.
The driver filed a complaint with the Independent Police Review Authority. On Thursday he spoke with prosecutors at the state's attorney's office, Luftallah said.
Killackey was charged Friday, said Andy Conklin, a spokesman for the state's attorney's office.
He has also been relieved of police powers and an internal investigation is under way, said Chicago Police News Affairs Lt. Maureen Biggane. Killackey has been put in an administrative role, she said.
IPRA also is conducting an investigation of its own, said agency spokesman Curtis Tarver.
Killackey, 32, is listed in public records as a police detective who joined the police force in 2000. According to a source, the officer is the son of Jack Killackey, the former commander of the Deering police district. The elder Killackey is currently an official at the Chicago Office of Emergency Management and Communication.
The driver, Karl Clermont, has said he picked up Killackey on April 23. When they arrived at his destination near Armitage and Damen Avenues, Killackey, who was off-duty at the time, refused to pay his $8 cab fare and pulled a handgun on Clermont, the driver alleged.
Killackey appeared to be intoxicated when Clermont picked him up at about 1:35 a.m. and drove to the Bucktown destination, said George Lutfallah, who first wrote about the case in Chicago Dispatcher, a publication on taxi-related subjects.
When they arrived, Killackey got out of the cab and started to walk away without paying the fare, Luftallah said. Clermont called after him, and he returned to the taxi.
Killackey allegedly brandished a handgun as he told the driver he didn't owe him anything. "Get out of the car and see what happens," the detective said, according to Luftallah.
Clermont called 911, and when officers arrived they found Killackey in a nearby alley; when they saw his identification, his badge and his gun, they learned he was a police officer.
The driver filed a complaint with the Independent Police Review Authority. On Thursday he spoke with prosecutors at the state's attorney's office, Luftallah said.
Killackey was charged Friday, said Andy Conklin, a spokesman for the state's attorney's office.
He has also been relieved of police powers and an internal investigation is under way, said Chicago Police News Affairs Lt. Maureen Biggane. Killackey has been put in an administrative role, she said.
IPRA also is conducting an investigation of its own, said agency spokesman Curtis Tarver.
Deputy Trenedy Brooks Charged with Statutory Rape
The Morristown Citizen-Tribune is reporting that a suspended Grainger County deputy – who is under investigation by the TBI – has been arraigned on charges of statutory rape and solicitation of a minor, according to Sheriff James Harville.
Trenedy Brooks faces two counts of statutory rape. Investigators said the alleged female victim is 16, according to published reports. Brooks was arrested on Friday and was released over the weekend on a $60,000 bond.
Brooks, 27, was placed on leave in May of 2009 due to being under investigation by the TBI on an unrelated incident. Harville said he is unsure of the status of the TBI investigation.
Trenedy Brooks faces two counts of statutory rape. Investigators said the alleged female victim is 16, according to published reports. Brooks was arrested on Friday and was released over the weekend on a $60,000 bond.
Brooks, 27, was placed on leave in May of 2009 due to being under investigation by the TBI on an unrelated incident. Harville said he is unsure of the status of the TBI investigation.
Durham Officers Accused of Assaulting Student
The executive director of a training program for at-risk youth said Durham police officers assaulted one of her students Tuesday afternoon.
Fran Alexander said she was standing in the lobby of EDGE Training and Placement Tuesday afternoon when she saw two police officers confront 17-year-old Andre Bond. The EDGE program targets students who have been in trouble and tries to give them an education.
Alexander said officers threw Bond against her SUV so hard that it left a dent and then threw him to the ground in front of the school.
"I was afraid they were going to kill him," she said. "One police officer was holding him, and the other one was ... just socking him in the face and in the ribs."
Bond appeared in court Wednesday on charges of assaulting a government official and resisting a public officer. He had no visible injuries, aside from a mark above his right eye.
"He looks OK right about now, but if you would have seen him (Tuesday), his face was bigger than mine," said his mother, Teresa Bond.
Police Chief Jose Lopez said the officers went to the school to arrest Bond for missing a court appearance in a case from August that also involved resisting arrest.
"A lot of the individuals who see the police action may not have seen it from the beginning (and) may not know what the background of the police action is," Lopez said.
The Durham Police Department is investigating the incident, which is standard procedure for any instance in which an officer uses force. Both officers, whose names haven't been released, remain on duty.
Lopez said it was too early to comment on whether the officers did anything wrong. The internal investigation could take several weeks to complete.
"I'm going to wait until the investigation has concluded and going to make a proper determination," he said.
Teresa Bond said she wants the two officers fired. Alexander said the incident only reinforces an image among teens that police cannot be trusted.
"How can I tell these kids that the police are our friends when they come on school grounds and do something like that?" she said.
Fran Alexander said she was standing in the lobby of EDGE Training and Placement Tuesday afternoon when she saw two police officers confront 17-year-old Andre Bond. The EDGE program targets students who have been in trouble and tries to give them an education.
Alexander said officers threw Bond against her SUV so hard that it left a dent and then threw him to the ground in front of the school.
"I was afraid they were going to kill him," she said. "One police officer was holding him, and the other one was ... just socking him in the face and in the ribs."
Bond appeared in court Wednesday on charges of assaulting a government official and resisting a public officer. He had no visible injuries, aside from a mark above his right eye.
"He looks OK right about now, but if you would have seen him (Tuesday), his face was bigger than mine," said his mother, Teresa Bond.
Police Chief Jose Lopez said the officers went to the school to arrest Bond for missing a court appearance in a case from August that also involved resisting arrest.
"A lot of the individuals who see the police action may not have seen it from the beginning (and) may not know what the background of the police action is," Lopez said.
The Durham Police Department is investigating the incident, which is standard procedure for any instance in which an officer uses force. Both officers, whose names haven't been released, remain on duty.
Lopez said it was too early to comment on whether the officers did anything wrong. The internal investigation could take several weeks to complete.
"I'm going to wait until the investigation has concluded and going to make a proper determination," he said.
Teresa Bond said she wants the two officers fired. Alexander said the incident only reinforces an image among teens that police cannot be trusted.
"How can I tell these kids that the police are our friends when they come on school grounds and do something like that?" she said.
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