Dr. Ramon Scruggs was indicted for illegally writing prescriptions for Schedule III Steroids. Anthony Tuleta, a Cleveland Police Officer, was indicted for illegally purchasing the steroids.
Dr. Scruggs, 61, of Santa Ana, California, prescribed Schedule III Steroids over the internet for non-medical purposes from January 2003 to June 2007. Prosecutors say Anthony Tuleta illegally bought and submitted insurance claims to Medical Mutual.
Medical Mutual contacted the Drug Enforcement Agency (DEA) after it identified excessive amounts of steroids being prescribed. Dr. Scruggs pleaded guilty to 5 counts of drug trafficking. On December 14, 2009, Dr. Scruggs was sentenced to 3 years in prison.
Anthony Tuleta's trial is scheduled for tomorrow, January 27, 2010, at 9:00 am in front of Judge John O'Donnell.
Wednesday, January 27, 2010
Lt Brian Leary Faces Drunk Driving Charges
A city police lieutenant faces drunken driving charges after his car rear-ended another vehicle while he was off-duty over the weekend, the chief said.
Lt. Brian Leary, 48, will be summoned to Brockton District Court to face charges of operating under the influence in connection with the accident on Saturday, Police Chief William Conlon said.
Leary was also cited for following too closely, the chief said.
Conlon said the accident occurred Saturday, around dinner time, at Court and Cary streets. Leary was driving his personal vehicle and was off-duty at the time, Conlon said.
Leary was not arrested at the scene because he was taken to the hospital after suffering head trauma when the airbag deployed, Conlon said.
The other driver was not injured, the chief said.
Leary could also face disciplinary action by the department even though the crash occurred while off-duty. “It is a serious occurrence,” Conlon said.
Leary has not been back to work since the accident, he said.
The chief said Leary has been a hard-working officer and is considered “a great officer, a smart guy.”
However, Conlon said police officers must be held to a high standard.
“Incidents such as this are unacceptable,” he said.
Lt. Brian Leary, 48, will be summoned to Brockton District Court to face charges of operating under the influence in connection with the accident on Saturday, Police Chief William Conlon said.
Leary was also cited for following too closely, the chief said.
Conlon said the accident occurred Saturday, around dinner time, at Court and Cary streets. Leary was driving his personal vehicle and was off-duty at the time, Conlon said.
Leary was not arrested at the scene because he was taken to the hospital after suffering head trauma when the airbag deployed, Conlon said.
The other driver was not injured, the chief said.
Leary could also face disciplinary action by the department even though the crash occurred while off-duty. “It is a serious occurrence,” Conlon said.
Leary has not been back to work since the accident, he said.
The chief said Leary has been a hard-working officer and is considered “a great officer, a smart guy.”
However, Conlon said police officers must be held to a high standard.
“Incidents such as this are unacceptable,” he said.
Officer Sean O'Brien Arrested for Hitting Handcuffed 14-year-old
A Chattanooga police officer has been arrested and relieved of duty after he reportedly hit a teenager in juvenile custody. Members of the Internal Affairs Division arrested Officer Sean O'Brien Wednesday.
Investigators say the alleged incident happened at the Juvenile Detention Center. Employees there filed a complaint after they reportedly witnessed O'Brien hitting the handcuffed 14 year old who was under arrest. The juvenile was seated in the intake hallway when he reportedly exchanged words with O'Brien who then hit him on the head then pushed him to a wall.
O'Brien has been charged with simple assault and was taken to Hamilton County Jail.
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Investigators say the alleged incident happened at the Juvenile Detention Center. Employees there filed a complaint after they reportedly witnessed O'Brien hitting the handcuffed 14 year old who was under arrest. The juvenile was seated in the intake hallway when he reportedly exchanged words with O'Brien who then hit him on the head then pushed him to a wall.
O'Brien has been charged with simple assault and was taken to Hamilton County Jail.
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Family Says Kenneth Howe Beaten by Police
The family of a Worcester man who died after being stopped at a state police sobriety checkpoint filed a federal civil rights and wrongful death lawsuit yesterday, alleging that Kenneth R. Howe was beaten to death by police.
The family's lawyer, Frances A. King, called on the U.S. attorney to take over the investigation from the Essex district attorney's office. State police are working with the DA's office on the investigation into the Nov. 25 incident, she said, which is unacceptable.
“It is nothing short of absurd to think that the Massachusetts State Police can investigate the Massachusetts State Police,” she said at a press conference in front of the U.S. District Courthouse in Boston.
She called it outrageous that none of the officers at the checkpoint that night had been disciplined or suspended, even after the state medical examiner declared Mr. Howe's death a homicide. The medical examiner recently ruled that Mr. Howe died of “blunt impact to the head and torso with compression of chest,” and that he died as a result of a “struggle with police.” The medical examiner also said Mr. Howe had a history of high blood pressure and heart problems that might have contributed to his death.
The lawsuit noted that Mr. Howe, 45, did not receive medical attention for 46 minutes after he was arrested at the checkpoint. Had he been immediately rushed to Lawrence General Hospital, a seven-minute ambulance ride away, he might still be alive today, Ms. King said.
The lawsuit requests monetary damages, Ms. King said, as well as changes to police procedure at sobriety checkpoints. She said there is no cap to the amount of money that the family might receive, and that no figure has been requested.
Margaret Howe, Kenneth's wife, appeared at the press conference with two of their three daughters, 15-year-old Ashleigh and 10-year-old Dakota. Mr. Howe, who co-owned the Majestic Barber Shop in Clinton, also had a 1-year-old daughter, Raynemarie Howe.
“We want justice done, for me, for my kids, and for Kenny,” Mrs. Howe said yesterday. “My life hasn't been the same since he has been gone. It's hard, especially with my kids not having a dad right now.”
The lawsuit names 20 state police officers, 13 North Andover police officers, and two Essex County deputy sheriffs as possibly causing Mr. Howe's death. Ms. King said the lawsuit names every officer on the duty roster of the sobriety checkpoint that night. Ms. King said she would seek to drop the names of those officers not involved as evidence became available.
A spokesman for Essex District Attorney Jonathan Blodgett said the office's investigation continues, and he declined to comment further. A state police spokesman referred all questions to Mr. Blodgett's office. A spokesman for the North Andover Police Department was unavailable yesterday.
According to the lawsuit, on Nov. 25, Mr. Howe had gone to North Andover with two friends, Michael Garbauskas and Michael Barbour, to buy a speedboat they found in an online ad on Craigslist. Mr. Garbauskas drove a gray Chevrolet Silverado truck, Mr. Howe sat in the front seat, and Mr. Barbour sat in the back. Also in the car was Mr. Howe's pet pit bull, a fact that had not been disclosed.
After buying groceries for Thanksgiving dinner, they headed for home on Route 114. Mr. Howe was smoking a marijuana cigarette and did not have his seat belt on. Upon seeing police, Mr. Howe tried to extinguish the joint and put on his seat belt, the lawsuit said.
At the checkpoint, Mr. Garbauskas and Mr. Howe were ordered from the truck by state police. State Police Officer Jodi Gerardi “forcefully removed” Mr. Howe from the truck, according to the lawsuit.
The dog apparently started barking. The lawsuit notes that Mr. Howe's pit bull was “never commanded to attack officers, nor was it intentionally ‘released.' ” The police report noted the dog was controlled without incident.
“Trooper Gerardi forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!' ” the lawsuit stated.
Police say Mr. Howe then ran away.
In the lawsuit, Mr. Garbauskas said Mr. Howe never assaulted the female trooper.
“We deny any struggle took place,” Ms. King said yesterday. “But even if a struggle did take place, there is a proper protocol for placing a person under arrest. You do not beat them to death. There's no justification and no rationale.”
The lawsuit then stated, “At that point, between 10 and 20 law enforcement officers swarmed on Kenneth.”
The arrest occurred very close to the offices of The Eagle-Tribune, a daily newspaper. Photographer Carl Russo saw the commotion from the parking lot and rushed over to photograph the scene. He shot 43 photographs, which showed Mr. Howe face down on the pavement for 10 minutes, with seven to 12 officers standing “very close” to him, according to the lawsuit. One to four officers sat on him, according to the photos, while handcuffs and leg irons were placed on his wrists and ankles.
“Between two and seven officers picked up Kenneth off the ground and dragged him to the cruiser,” the lawsuit stated. He was taken to the state police barracks in Andover. While awaiting booking, he slumped over, unresponsive. He was taken by ambulance to Lawrence General Hospital and was pronounced dead upon arrival.
The family's lawyer, Frances A. King, called on the U.S. attorney to take over the investigation from the Essex district attorney's office. State police are working with the DA's office on the investigation into the Nov. 25 incident, she said, which is unacceptable.
“It is nothing short of absurd to think that the Massachusetts State Police can investigate the Massachusetts State Police,” she said at a press conference in front of the U.S. District Courthouse in Boston.
She called it outrageous that none of the officers at the checkpoint that night had been disciplined or suspended, even after the state medical examiner declared Mr. Howe's death a homicide. The medical examiner recently ruled that Mr. Howe died of “blunt impact to the head and torso with compression of chest,” and that he died as a result of a “struggle with police.” The medical examiner also said Mr. Howe had a history of high blood pressure and heart problems that might have contributed to his death.
The lawsuit noted that Mr. Howe, 45, did not receive medical attention for 46 minutes after he was arrested at the checkpoint. Had he been immediately rushed to Lawrence General Hospital, a seven-minute ambulance ride away, he might still be alive today, Ms. King said.
The lawsuit requests monetary damages, Ms. King said, as well as changes to police procedure at sobriety checkpoints. She said there is no cap to the amount of money that the family might receive, and that no figure has been requested.
Margaret Howe, Kenneth's wife, appeared at the press conference with two of their three daughters, 15-year-old Ashleigh and 10-year-old Dakota. Mr. Howe, who co-owned the Majestic Barber Shop in Clinton, also had a 1-year-old daughter, Raynemarie Howe.
“We want justice done, for me, for my kids, and for Kenny,” Mrs. Howe said yesterday. “My life hasn't been the same since he has been gone. It's hard, especially with my kids not having a dad right now.”
The lawsuit names 20 state police officers, 13 North Andover police officers, and two Essex County deputy sheriffs as possibly causing Mr. Howe's death. Ms. King said the lawsuit names every officer on the duty roster of the sobriety checkpoint that night. Ms. King said she would seek to drop the names of those officers not involved as evidence became available.
A spokesman for Essex District Attorney Jonathan Blodgett said the office's investigation continues, and he declined to comment further. A state police spokesman referred all questions to Mr. Blodgett's office. A spokesman for the North Andover Police Department was unavailable yesterday.
According to the lawsuit, on Nov. 25, Mr. Howe had gone to North Andover with two friends, Michael Garbauskas and Michael Barbour, to buy a speedboat they found in an online ad on Craigslist. Mr. Garbauskas drove a gray Chevrolet Silverado truck, Mr. Howe sat in the front seat, and Mr. Barbour sat in the back. Also in the car was Mr. Howe's pet pit bull, a fact that had not been disclosed.
After buying groceries for Thanksgiving dinner, they headed for home on Route 114. Mr. Howe was smoking a marijuana cigarette and did not have his seat belt on. Upon seeing police, Mr. Howe tried to extinguish the joint and put on his seat belt, the lawsuit said.
At the checkpoint, Mr. Garbauskas and Mr. Howe were ordered from the truck by state police. State Police Officer Jodi Gerardi “forcefully removed” Mr. Howe from the truck, according to the lawsuit.
The dog apparently started barking. The lawsuit notes that Mr. Howe's pit bull was “never commanded to attack officers, nor was it intentionally ‘released.' ” The police report noted the dog was controlled without incident.
“Trooper Gerardi forcefully removed Kenneth from the truck and screamed, ‘He assaulted me!' ” the lawsuit stated.
Police say Mr. Howe then ran away.
In the lawsuit, Mr. Garbauskas said Mr. Howe never assaulted the female trooper.
“We deny any struggle took place,” Ms. King said yesterday. “But even if a struggle did take place, there is a proper protocol for placing a person under arrest. You do not beat them to death. There's no justification and no rationale.”
The lawsuit then stated, “At that point, between 10 and 20 law enforcement officers swarmed on Kenneth.”
The arrest occurred very close to the offices of The Eagle-Tribune, a daily newspaper. Photographer Carl Russo saw the commotion from the parking lot and rushed over to photograph the scene. He shot 43 photographs, which showed Mr. Howe face down on the pavement for 10 minutes, with seven to 12 officers standing “very close” to him, according to the lawsuit. One to four officers sat on him, according to the photos, while handcuffs and leg irons were placed on his wrists and ankles.
“Between two and seven officers picked up Kenneth off the ground and dragged him to the cruiser,” the lawsuit stated. He was taken to the state police barracks in Andover. While awaiting booking, he slumped over, unresponsive. He was taken by ambulance to Lawrence General Hospital and was pronounced dead upon arrival.
Juvenile Officer Philip Spaman Pleads Guilty to Grabbing Teens Genitals
The regional representative for the New York Police Juvenile Officers Association has pleaded guilty to endangering the welfare of a child, a misdemeanor.
Philip Spaman, 47, a 12-year police officer with the Ilion Police Department, had been indicted in July for allegedly grabbing the genitals of a 17-year-old male several times between September 2007 and October 2008.
In his former role as a juvenile officer, he attended training workshops that explore investigative techniques for dealing with sex crimes against children. Spaman has resigned from that position. He is currently suspended from his job with the police department.
Spaman entered his plea after the jury had been selected for his trial on Monday but before testimony could begin.
It is expected he will be sentenced to three years of probation on March 23. He could have faced up to a year in jail and/or a $1,000 fine.
Spaman who was dating the boy’s mother and had allegedly fondled the teen for more than a year. After Spaman moved out of the house, the teen sent his mother a text message, telling her that Spaman had “violated” him.
Philip Spaman, 47, a 12-year police officer with the Ilion Police Department, had been indicted in July for allegedly grabbing the genitals of a 17-year-old male several times between September 2007 and October 2008.
In his former role as a juvenile officer, he attended training workshops that explore investigative techniques for dealing with sex crimes against children. Spaman has resigned from that position. He is currently suspended from his job with the police department.
Spaman entered his plea after the jury had been selected for his trial on Monday but before testimony could begin.
It is expected he will be sentenced to three years of probation on March 23. He could have faced up to a year in jail and/or a $1,000 fine.
Spaman who was dating the boy’s mother and had allegedly fondled the teen for more than a year. After Spaman moved out of the house, the teen sent his mother a text message, telling her that Spaman had “violated” him.
Former Officer Craig Murrah Sentenced to 6 Months in Jail for Spanking Teen on Butt
A former Fort Worth police officer was sentenced Wednesday to six months in jail for slapping a nearly nude teen on the buttocks after discovering her having sex with her boyfriend in a north Fort Worth park in 2007.
A six-member Tarrant County jury deliberated only 50 minutes before convicting Craig Arlen Murrah of official oppression because he mistreated the 18-year-old woman after ordering her out of her car in Oakhurst Park shortly after 1 a.m. on June 22, 2007.
At Murrah’s request, 213th District Judge Louis Sturns held a 90-minute hearing before sentencing the 39-year-old to six months in jail. The Class A misdemeanor carries a maximum sentence of one year in jail. Sturns also ordered him to pay a $2,000 fine.
Murrah, who was fired after he was charged in the incident, won’t have to serve his time while he appeals his conviction. He will remain on bond until then, said his attorney, Wes Ball.
The woman, now 20, testified during the two-day trial that she and her boyfriend were having sex in the car when they saw the lights of a patrol car as it pulled into the parking lot. Because of the nature of the crime, the woman and her boyfriend are not being identified.
She said she tried to get dressed but was still nude from the waist down when Murrah made her get out of the car and put her hands behind her back. That caused her to drop the shirt covering her lower body, she said. Murrah forced her to bend over and spanked her on her naked bottom, she said.
After Murrah left the park, the woman’s boyfriend said, he called 911 while following the officer’s patrol car to a downtown police station. He said he initially gave the operator the wrong number for Murrah’s car but corrected himself after he got closer to the car.
The couple talked to an officer about the incident. But after they couldn’t reach him for several weeks, the woman and her father went to the Police Department and the woman gave a statement to Sgt. Pedro Criado.
The first officer was demoted because of his handling of the incident.
During closing arguments, Ball stopped short of saying the woman made up the allegations, although he said the couple’s testimony had discrepancies. But he criticized police for not investigating the possibility that another officer had committed the acts attributed to Murrah.
Prosecutors Lucas Allen and Sherry Whelchel dismissed defense contentions that Murrah’s activity reports support his claim that he pulled the couple over that night on a traffic stop at 1500 E. Northside Drive.
"Is he going to put down that he pulled the girl over and spanked her in the park?" Allen asked. "Of course not. That’s ludicrous."
During deliberations, jurors asked to review the 911 tape of the man frantically telling the operator what had happened while the woman cried uncontrollably in the background. They returned the verdict about 20 minutes later.
Several jurors remained in the courtroom while Sturns heard testimony from five witnesses, including two former students and the former principal of Wedgwood Middle School. The three testified that Murrah, while a teacher and coach at the school, touched the two girls on the buttocks and thighs. He resigned after a school district investigation.
Murrah’s mother and a longtime friend urged Sturns to grant him probation, saying he is a good father whose 5-year-old son would be devastated if his father were jailed.
Sturns said that he considered the impact on the boy but that Murrah’s actions breached the trust of fellow officers as well as the community.
"I believe the message has to be delivered that you can’t engage in this type of conduct and get a free pass," Sturns said.
"It’s not something I can condone."
A six-member Tarrant County jury deliberated only 50 minutes before convicting Craig Arlen Murrah of official oppression because he mistreated the 18-year-old woman after ordering her out of her car in Oakhurst Park shortly after 1 a.m. on June 22, 2007.
At Murrah’s request, 213th District Judge Louis Sturns held a 90-minute hearing before sentencing the 39-year-old to six months in jail. The Class A misdemeanor carries a maximum sentence of one year in jail. Sturns also ordered him to pay a $2,000 fine.
Murrah, who was fired after he was charged in the incident, won’t have to serve his time while he appeals his conviction. He will remain on bond until then, said his attorney, Wes Ball.
The woman, now 20, testified during the two-day trial that she and her boyfriend were having sex in the car when they saw the lights of a patrol car as it pulled into the parking lot. Because of the nature of the crime, the woman and her boyfriend are not being identified.
She said she tried to get dressed but was still nude from the waist down when Murrah made her get out of the car and put her hands behind her back. That caused her to drop the shirt covering her lower body, she said. Murrah forced her to bend over and spanked her on her naked bottom, she said.
After Murrah left the park, the woman’s boyfriend said, he called 911 while following the officer’s patrol car to a downtown police station. He said he initially gave the operator the wrong number for Murrah’s car but corrected himself after he got closer to the car.
The couple talked to an officer about the incident. But after they couldn’t reach him for several weeks, the woman and her father went to the Police Department and the woman gave a statement to Sgt. Pedro Criado.
The first officer was demoted because of his handling of the incident.
During closing arguments, Ball stopped short of saying the woman made up the allegations, although he said the couple’s testimony had discrepancies. But he criticized police for not investigating the possibility that another officer had committed the acts attributed to Murrah.
Prosecutors Lucas Allen and Sherry Whelchel dismissed defense contentions that Murrah’s activity reports support his claim that he pulled the couple over that night on a traffic stop at 1500 E. Northside Drive.
"Is he going to put down that he pulled the girl over and spanked her in the park?" Allen asked. "Of course not. That’s ludicrous."
During deliberations, jurors asked to review the 911 tape of the man frantically telling the operator what had happened while the woman cried uncontrollably in the background. They returned the verdict about 20 minutes later.
Several jurors remained in the courtroom while Sturns heard testimony from five witnesses, including two former students and the former principal of Wedgwood Middle School. The three testified that Murrah, while a teacher and coach at the school, touched the two girls on the buttocks and thighs. He resigned after a school district investigation.
Murrah’s mother and a longtime friend urged Sturns to grant him probation, saying he is a good father whose 5-year-old son would be devastated if his father were jailed.
Sturns said that he considered the impact on the boy but that Murrah’s actions breached the trust of fellow officers as well as the community.
"I believe the message has to be delivered that you can’t engage in this type of conduct and get a free pass," Sturns said.
"It’s not something I can condone."
University Officer Cory Hall Accused of Hit and Run
An Augusta State University officer is on administrative leave, accused of a hit and run with a commissioner.
Cory Hall was arrested late Tuesday night. Deputies said he rear-ended Augusta Commissioner Corey Johnson's car in Augusta on Washington Road, and drove off.
Hall was arrested a short time later.
ASU has placed Hall on leave pending an internal investigation.
Commissioner Johnson was not hurt. Hall is charged with hit and run and having an expired tag.
Cory Hall was arrested late Tuesday night. Deputies said he rear-ended Augusta Commissioner Corey Johnson's car in Augusta on Washington Road, and drove off.
Hall was arrested a short time later.
ASU has placed Hall on leave pending an internal investigation.
Commissioner Johnson was not hurt. Hall is charged with hit and run and having an expired tag.
Tuesday, January 26, 2010
Corrections Officer Ryan Freeman Charged with Unauthorized Use of Database
A corrections officer in the Mahoning County Sheriff's department who is also a Braceville police officer is arrested for misusing a law enforcement computer.
Thirty-year-old Ryan Freeman of Warren is charged with unauthorized use of the Ohio Law Enforcement Gateway and obstructing justice.
He allegedly used the system improperly to search records in a heroin distribution investigation.
During that investigation, TAG Law Enforcement officers arrested 39-year-old Frederick Johnson and 26-year-old Brandy Purbaugh of Warren.
TAG Agents along with Warren police recovered a bag containing heroin, four ounces of cocaine and a firearm.
Thirty-year-old Ryan Freeman of Warren is charged with unauthorized use of the Ohio Law Enforcement Gateway and obstructing justice.
He allegedly used the system improperly to search records in a heroin distribution investigation.
During that investigation, TAG Law Enforcement officers arrested 39-year-old Frederick Johnson and 26-year-old Brandy Purbaugh of Warren.
TAG Agents along with Warren police recovered a bag containing heroin, four ounces of cocaine and a firearm.
Deputy Javier Hinojosa Arrested for DWI for the Third Time
Police arrested a senior deputy constable Saturday after he allegedly lost control of his pickup truck and collided with a car driven by an elderly couple.
It was his third DWI arrest in three years.
Alamo police arrested Javier Hinojosa on driving while intoxicated and intoxication assault charges Saturday evening after he allegedly lost control of his Chevrolet Silverado pickup truck and collided nearly head-on with the elderly couple’s car.
Saturday’s DWI arrest is the second in about four months for Hinojosa — he has an August 2009 DWI case pending in Hidalgo County Court-at-Law No. 5.
Precinct 2 Constable Gilbert “Chato” Alaniz said he suspended Hinojosa for one week without pay after the DWI arrest last year.
Hired in June 2005, Hinojosa serves as senior deputy constable for Alaniz, who said he has been unable to talk with Hinojosa. The constable said he would conduct his own investigation into the matter to determine Hinojosa's job status.
“Something is going to be done, believe me,” Alaniz said. “Something is definitely going to be done.”
In his latest arrest, Hinojosa, 45, was driving on the 300 block of East Business 83 in Alamo about 6:50 p.m. Saturday when he allegedly lost control of his Chevrolet Silverado pickup truck, veered into the oncoming lanes of traffic and collided with a passenger car driven by an elderly couple, said Alamo Police Chief Arturo Espinoza.
“It looks like he went into the oncoming traffic and they collided almost head-on,” the chief said.
Hinojosa’s 12-year-old son was riding in the pickup truck with him at the time. The boy was transported to an area hospital for observation along with the elderly couple, Espinoza said. The couple, both who are in their 70s, remained hospitalized in serious condition Monday.
Hinojosa, of Edinburg, refused to provide a field sobriety test, Espinoza said.
Oddly, Hinojosa was taken to three different hospitals — Edinburg Regional, McAllen Medical Center and Rio Grande Regional Hospital — and no blood was drawn because he refused to provide submit to a blood test, Espinoza said.
State law requires anyone arrested for driving while intoxicated who is involved in an accident that causes “serious bodily injury” or death to provide a blood specimen.
Hidalgo County District Attorney Rene Guerra said he has never encountered a situation where a person arrested on intoxication assault or manslaughter charges did not provide a blood sample — and the hospital complies with a suspect’s request.
“No one has ever had an issue,” Guerra said.
Police did not try to obtain a search warrant, which would have forced Hinojosa to submit to the blood test because it was the weekend, and whatever alcohol or drugs he may have consumed had left his system, the chief said.
“We didn’t go that route as to try and get a warrant on him,” Espinoza said. “We’re going with a refusal” to submit to a blood or breath sample.
Hospital officials could not be reached for comment after business hours Monday.
Hinojosa was formally charged with intoxication assault and driving while intoxicated with a child passenger during an arraignment Sunday in Alamo Municipal Court. Bond was set at $150,000.
“It’s troubling to us when those entrusted with upholding the law don’t,” said Ana Verley, a local victims’ advocate for Mothers Against Drunk Drivers. “It’s sad and disappointing that these things happen and innocent people keep getting hurt.”
Records detailing Hinojosa’s career before he was hired by the Hidalgo County Precinct 2 Constable Office were unavailable Monday.
An open records request with the Texas Commission on Law Enforcement Standards and Education, which maintains peace officers’ career histories, was not immediately returned Monday afternoon.
Hinojosa was also arrested in January 2006 on DWI charges that were dismissed by Hidalgo County Court-at-Law No. 5 later that year, court records state. Alaniz said he did not suspend Hinojosa at that time because he was not convicted.
Hinojosa had a DWI arrest dismissed from Hidalgo County Court-at-Law No. 2 in September 2003. He also had assault charges dropped in Hidalgo County Court-at-Law No. 1 in March 2002.
Hinojosa remained at the Hidalgo County Jail on Monday. Intoxication assault is a third degree felony that has a maximum sentence of 10 years in prison and up to a $10,000 fine upon conviction. Driving while intoxicated with a child passenger is a state jail felony that has a maximum sentence of two years in jail and up to a $10,000 fine.
Hinojosa is not Alaniz’s only deputy to have been arrested on suspicion of driving while intoxicated.
In October 2007, Hidalgo County Precinct 2 chief deputy constable Sergio Hinojosa — Javier’s younger brother — was arrested for allegedly driving while intoxicated in San Juan. That case was dropped in Hidalgo County Court-at-Law No. 1 in May 2008 due to insufficient evidence. Alaniz said he fired Sergio Hinojosa after his DWI arrest.
With the latest DWI arrest, Alaniz would not say whether he intends to dismiss Hinojosa. Regardless, the constable said he plans on another suspension for his senior deputy.
“What can I say? We all do mistakes that we regret later on in life,” Alaniz said. “It’s sad, but what can we do about it?
“What’s done is done, my friend.”
It was his third DWI arrest in three years.
Alamo police arrested Javier Hinojosa on driving while intoxicated and intoxication assault charges Saturday evening after he allegedly lost control of his Chevrolet Silverado pickup truck and collided nearly head-on with the elderly couple’s car.
Saturday’s DWI arrest is the second in about four months for Hinojosa — he has an August 2009 DWI case pending in Hidalgo County Court-at-Law No. 5.
Precinct 2 Constable Gilbert “Chato” Alaniz said he suspended Hinojosa for one week without pay after the DWI arrest last year.
Hired in June 2005, Hinojosa serves as senior deputy constable for Alaniz, who said he has been unable to talk with Hinojosa. The constable said he would conduct his own investigation into the matter to determine Hinojosa's job status.
“Something is going to be done, believe me,” Alaniz said. “Something is definitely going to be done.”
In his latest arrest, Hinojosa, 45, was driving on the 300 block of East Business 83 in Alamo about 6:50 p.m. Saturday when he allegedly lost control of his Chevrolet Silverado pickup truck, veered into the oncoming lanes of traffic and collided with a passenger car driven by an elderly couple, said Alamo Police Chief Arturo Espinoza.
“It looks like he went into the oncoming traffic and they collided almost head-on,” the chief said.
Hinojosa’s 12-year-old son was riding in the pickup truck with him at the time. The boy was transported to an area hospital for observation along with the elderly couple, Espinoza said. The couple, both who are in their 70s, remained hospitalized in serious condition Monday.
Hinojosa, of Edinburg, refused to provide a field sobriety test, Espinoza said.
Oddly, Hinojosa was taken to three different hospitals — Edinburg Regional, McAllen Medical Center and Rio Grande Regional Hospital — and no blood was drawn because he refused to provide submit to a blood test, Espinoza said.
State law requires anyone arrested for driving while intoxicated who is involved in an accident that causes “serious bodily injury” or death to provide a blood specimen.
Hidalgo County District Attorney Rene Guerra said he has never encountered a situation where a person arrested on intoxication assault or manslaughter charges did not provide a blood sample — and the hospital complies with a suspect’s request.
“No one has ever had an issue,” Guerra said.
Police did not try to obtain a search warrant, which would have forced Hinojosa to submit to the blood test because it was the weekend, and whatever alcohol or drugs he may have consumed had left his system, the chief said.
“We didn’t go that route as to try and get a warrant on him,” Espinoza said. “We’re going with a refusal” to submit to a blood or breath sample.
Hospital officials could not be reached for comment after business hours Monday.
Hinojosa was formally charged with intoxication assault and driving while intoxicated with a child passenger during an arraignment Sunday in Alamo Municipal Court. Bond was set at $150,000.
“It’s troubling to us when those entrusted with upholding the law don’t,” said Ana Verley, a local victims’ advocate for Mothers Against Drunk Drivers. “It’s sad and disappointing that these things happen and innocent people keep getting hurt.”
Records detailing Hinojosa’s career before he was hired by the Hidalgo County Precinct 2 Constable Office were unavailable Monday.
An open records request with the Texas Commission on Law Enforcement Standards and Education, which maintains peace officers’ career histories, was not immediately returned Monday afternoon.
Hinojosa was also arrested in January 2006 on DWI charges that were dismissed by Hidalgo County Court-at-Law No. 5 later that year, court records state. Alaniz said he did not suspend Hinojosa at that time because he was not convicted.
Hinojosa had a DWI arrest dismissed from Hidalgo County Court-at-Law No. 2 in September 2003. He also had assault charges dropped in Hidalgo County Court-at-Law No. 1 in March 2002.
Hinojosa remained at the Hidalgo County Jail on Monday. Intoxication assault is a third degree felony that has a maximum sentence of 10 years in prison and up to a $10,000 fine upon conviction. Driving while intoxicated with a child passenger is a state jail felony that has a maximum sentence of two years in jail and up to a $10,000 fine.
Hinojosa is not Alaniz’s only deputy to have been arrested on suspicion of driving while intoxicated.
In October 2007, Hidalgo County Precinct 2 chief deputy constable Sergio Hinojosa — Javier’s younger brother — was arrested for allegedly driving while intoxicated in San Juan. That case was dropped in Hidalgo County Court-at-Law No. 1 in May 2008 due to insufficient evidence. Alaniz said he fired Sergio Hinojosa after his DWI arrest.
With the latest DWI arrest, Alaniz would not say whether he intends to dismiss Hinojosa. Regardless, the constable said he plans on another suspension for his senior deputy.
“What can I say? We all do mistakes that we regret later on in life,” Alaniz said. “It’s sad, but what can we do about it?
“What’s done is done, my friend.”
Officer Bruce Jacobs Arrested for Murder
A Marion County special deputy and code enforcement officer was arrested Friday in connection with the shooting death of his neighbor in August.
Bruce Jacobs, 53, called 911 on Aug. 19 to report that he had just shot Edward Light, 48, near 20th Street and Forest Manor Avenue.
Light was pronounced dead in Jacobs' back yard.
"We received a call from his (Jacobs) home address, stating that he'd been attacked by his neighbor," said Indianapolis police Sgt. Paul Thompson. "At some point ... he felt it necessary to use deadly force, that being a firearm. He fired several shots at his neighbor, which resulted in his death."
At first it was believed that Light had attacked Jacobs with a chainsaw, but police said further investigation revealed that the chainsaw was not directly involved in the fatal shooting.
Investigators said in 2009 that Light might have damaged Jacobs' property with a chainsaw earlier in the day and that Jacobs told them he acted in self defense.
Jacobs, who was off duty at the time of the shooting, was questioned by police in August, but was never charged.
Neighbors told 6News' Sarah Cornell that Light had lived in his Forest Manor house for years and that after his father died, leaving him alone in the home, Jacobs began bullying him.
“Ed Light told me at lunch about a month before his killing that he feared for his life and that soon, he or the neighbor would be dead," said neighbor Craig Livers. "A month later, he was."
Police arrested Jacobs at his home on Friday on a preliminary charge of murder. If convicted, he could face up to 65 years in prison.
Jacobs had been suspended without pay since the shooting.
Bruce Jacobs, 53, called 911 on Aug. 19 to report that he had just shot Edward Light, 48, near 20th Street and Forest Manor Avenue.
Light was pronounced dead in Jacobs' back yard.
"We received a call from his (Jacobs) home address, stating that he'd been attacked by his neighbor," said Indianapolis police Sgt. Paul Thompson. "At some point ... he felt it necessary to use deadly force, that being a firearm. He fired several shots at his neighbor, which resulted in his death."
At first it was believed that Light had attacked Jacobs with a chainsaw, but police said further investigation revealed that the chainsaw was not directly involved in the fatal shooting.
Investigators said in 2009 that Light might have damaged Jacobs' property with a chainsaw earlier in the day and that Jacobs told them he acted in self defense.
Jacobs, who was off duty at the time of the shooting, was questioned by police in August, but was never charged.
Neighbors told 6News' Sarah Cornell that Light had lived in his Forest Manor house for years and that after his father died, leaving him alone in the home, Jacobs began bullying him.
“Ed Light told me at lunch about a month before his killing that he feared for his life and that soon, he or the neighbor would be dead," said neighbor Craig Livers. "A month later, he was."
Police arrested Jacobs at his home on Friday on a preliminary charge of murder. If convicted, he could face up to 65 years in prison.
Jacobs had been suspended without pay since the shooting.
Vancouver Officer No Longer On Patrol After Arrest
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.
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.
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.
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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.
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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
Previous Post
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
Previous Post
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.
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