In September 2009, while conducting an unrelated investigation, the Tucson Police Department uncovered information that Tucson Police Officer Angel Montalvo was involved in possible criminal misconduct.
The Tucson Police Department initiated a preliminary investigation into the matter and, due to the complexity of the investigation, referred the investigation to the Federal Bureau of Investigation for follow-up. That investigation was completed and referred to the Arizona Attorney General’s Office.
On February 2, 2010 the Attorney General’s Office presented the matter to an Arizona Grand Jury in Tucson and received an indictment naming Mr. Montalvo on numerous felony counts. The charges involve misuse of police department computers and inappropriate dissemination of confidential information to members of the public.
Mr. Montalvo was arraigned today at 1:00 pm in Pima County Superior Court on that indictment. He was subsequently released pending further appearances on the felony charges. After his arraignment today, Mr. Montalvo was escorted back to the Tucson Police Department Headquarters Building where he was served with his Notice of Intent to Discharge.
Mr. Montalvo has been employed with the Tucson Police Department since October 19, 2006 and assigned to Operations Division South as a patrol officer.
The Tucson Police Department investigates all allegations of criminal or police misconduct in regards to all employees. The nature of these investigations is serious and thoroughly investigated by our Office of Internal Affairs. Mr. Montalvo is not representative of the 1,400 men and women with the Tucson Police Department who serve the public and put their lives on the line day in and day out.
Any questions regarding specific details of the investigation and subsequent indictment need to be directed to the Attorney General’s Office.
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RELEASE FROM ATTORNEY GENERAL’S OFFICE 2/10/10
Terry Goddard Secures Indictment Against Police Officer For Computer Tampering Charges
(Phoenix, Ariz. – February 10, 2010) Attorney General Terry Goddard today announced that Tucson Police Officer Angel Montalvo, 30, has been indicted on nine counts of computer tampering, one count of trafficking in the identity of another person, one count of aggravated taking the identity of another person, and one count of fraudulent schemes and artifices. The charges include nine Class 6 felonies, one Class 3 felony and two Class 2 felonies.
According to court documents, Montalvo misused his access to police databases for non-law enforcement purposes. Montalvo accessed the ACJIS database which houses sensitive information relating to driver registrations, criminal backgrounds, home addresses and other personal information of Arizona citizens.
Documents state that Montalvo accessed these databases over 20 times between May 20, 2009 and December 19, 2009 for his personal use. Montalvo is accused of then disseminating this information to non-law enforcement persons.
Montalvo has been with the Tucson Police Department for three years. He is currently on administrative leave.
He is scheduled to be arraigned at 1 p.m. today in the Pima County Superior Court.
This case was a result of a joint investigation by the Tucson Police Department and FBI and is being prosecuted by Assistant Attorney General Michael Jette in Pima County Superior Court.
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More Information
Thursday, February 11, 2010
Officer James Riddick Arrested for DUI
A Virginia Beach police officer is on administrative duty following his arrest on a DUI charge.
James Riddick, a sergeant in the department, has been on the force for 15 years.
Court records show he was arrested February 8 on the misdemeanor charge.
Police say Riddick's alcohol level registered .18.
In Virginia, the maximum blood alcohol content considered illegal to drive is .08 percent.
He's due in court on March 18.
James Riddick, a sergeant in the department, has been on the force for 15 years.
Court records show he was arrested February 8 on the misdemeanor charge.
Police say Riddick's alcohol level registered .18.
In Virginia, the maximum blood alcohol content considered illegal to drive is .08 percent.
He's due in court on March 18.
Major Walt Floyd & Lt Don Repec Terminated for Making Offensive Sexual Remarks
North Myrtle Beach officials terminated the department of public safety’s interim director and highest-ranking officer in the city's public safety department, along with a lieutenant who is the head of its detective division following an investigation into allegations the two were heard making offensive sexual remarks about female co-workers and a female crime victim who is a minor.
Police Major Walt Floyd and Lieutenant Don Repec, were terminated Thursday, Feb. 4, according to a news release from the city’s public information officer Nicole Aiello.
Thursday's firings came just days after the men were placed on paid administrative leave following publication of recordings made by former public safety officer Lieutenant Randy Fisher in a local newspaper.
Smithson said during a press conference on Feb. 1 that Floyd and Repec had been asked to leave the workplace until he can talk with them and actions regarding them would be “taken as soon as the investigation is complete.”
The firings are just another chapter in the latest shakeup in the department that has been in turmoil in recent weeks in the midst of allegations of improper behavior, the possible cover-up of a criminal domestic violence case and the suspension and demotion of the department’s director.
William Bailey, the former director of the department of public safety, was placed on paid administrative leave in December following his admission he lied to the city manager about the theft of his city-issued handgun. In January he was demoted to lieutenant and placed on two weeks of unpaid suspension.
Whether he will return to work this week was left open by the city pending an investigation by SLED. The state’s investigative unit was asked by Smithson in January to investigate allegations made against Bailey regarding allegations he covered up a criminal domestic violence case. There is currently no word as to when SLED will investigate the alleged cover-up.
“Once William Bailey’s two-week unpaid suspension is completed, he will remain on leave until the city manager receives a response from SLED as to whether or not they will review the allegations that Mr. Bailey interfered with a charge against a local citizen. If SLED decides to conduct an investigation, Mr. Bailey will remain on leave until the city manager reviews the results of the investigation. Any leave taken at the conclusion of the unpaid suspension will be charged to Mr. Bailey’s accrued vacation leave balance or taken as leave without pay,” Aiello said on Tuesday afternoon.
Capt. Rick Buddelmeyer is now serving as interim director. He is a 23-year veteran of the department.
During a press conference called by City Council on Feb 1, Mayor Marilyn Hatley said City Council was “dismayed, disgusted and sickened at the content and graphic descriptions made by some of the city’s public safety employees.”
The Sun News, the local, daily newspaper, has recently written a series of news stories based on tape recordings made by Fisher who was forced to resign by city officials in November 2009.
The North Myrtle Beach Times does not have a copy of the tapes.
Hatley laid the blame for the public safety departments problem on Fisher, saying she was “disappointed and disturbed” Fisher would allow “these things to happen while he idly sat by.” She said Fisher recorded the conversations then “failed to go through the proper channels to bring these comments to light.”
During Smithson’s statement he also chastised Fisher saying he should have reported the problems in public safety but didn’t.
“I followed my chain of command in reporting what I knew. I went to Major Floyd and talked to him. I did not go to Bailey because some of the problems concerned him and his actions in the department. When Floyd took no action I went to see the assistant city manager Steve Thomas,” Fisher said.
Fisher said in his conversations with Thomas he reported his concerns about unethical behavior and unfair treatment of some employees.
In a letter to Thomas dated Aug. 26, 2009, Fisher outlined his meetings with Thomas which began on June 2. In the Aug. 26 letter he wrote, “I have many recorded conversations through the years saved on my computer.”
On Jan. 21, after his resignation, Fisher, in a letter to Smithson, offered to let him hear the tapes but requested to have a third party present. Smithson declined the invitation.
Fisher said he went through his chain of command and believed Thomas would follow-up on his complaints.
The city attorney has begun meeting with female officers and administrative staff in public safety to ensure no unfavorable treatment has occurred or is occurring now. In addition, sexual harassment and supervisory training, which had been scheduled last year, will be held in the next few weeks.
Thomas, who is in charge of training programs for city employees, said last fall he began talking with a company who provides training for the city about sexual and anti-harassment training and effective supervisory training.
“We have both of those sessions scheduled for several days in February,” said Thomas.
The city has also engaged the services of a consulting group who is currently interviewing public safety officers and others about the problems in the department.
Aiello says The Institute for Public Service and Policy Research will be assisting the city with an assessment of the public safety department.
“They will be here this week to interview employees in order to address any concerns they may wish to express. Further meetings will be scheduled as soon as possible to ensure that all employees have the opportunity to participate in this process,” she said.
Police Major Walt Floyd and Lieutenant Don Repec, were terminated Thursday, Feb. 4, according to a news release from the city’s public information officer Nicole Aiello.
Thursday's firings came just days after the men were placed on paid administrative leave following publication of recordings made by former public safety officer Lieutenant Randy Fisher in a local newspaper.
Smithson said during a press conference on Feb. 1 that Floyd and Repec had been asked to leave the workplace until he can talk with them and actions regarding them would be “taken as soon as the investigation is complete.”
The firings are just another chapter in the latest shakeup in the department that has been in turmoil in recent weeks in the midst of allegations of improper behavior, the possible cover-up of a criminal domestic violence case and the suspension and demotion of the department’s director.
William Bailey, the former director of the department of public safety, was placed on paid administrative leave in December following his admission he lied to the city manager about the theft of his city-issued handgun. In January he was demoted to lieutenant and placed on two weeks of unpaid suspension.
Whether he will return to work this week was left open by the city pending an investigation by SLED. The state’s investigative unit was asked by Smithson in January to investigate allegations made against Bailey regarding allegations he covered up a criminal domestic violence case. There is currently no word as to when SLED will investigate the alleged cover-up.
“Once William Bailey’s two-week unpaid suspension is completed, he will remain on leave until the city manager receives a response from SLED as to whether or not they will review the allegations that Mr. Bailey interfered with a charge against a local citizen. If SLED decides to conduct an investigation, Mr. Bailey will remain on leave until the city manager reviews the results of the investigation. Any leave taken at the conclusion of the unpaid suspension will be charged to Mr. Bailey’s accrued vacation leave balance or taken as leave without pay,” Aiello said on Tuesday afternoon.
Capt. Rick Buddelmeyer is now serving as interim director. He is a 23-year veteran of the department.
During a press conference called by City Council on Feb 1, Mayor Marilyn Hatley said City Council was “dismayed, disgusted and sickened at the content and graphic descriptions made by some of the city’s public safety employees.”
The Sun News, the local, daily newspaper, has recently written a series of news stories based on tape recordings made by Fisher who was forced to resign by city officials in November 2009.
The North Myrtle Beach Times does not have a copy of the tapes.
Hatley laid the blame for the public safety departments problem on Fisher, saying she was “disappointed and disturbed” Fisher would allow “these things to happen while he idly sat by.” She said Fisher recorded the conversations then “failed to go through the proper channels to bring these comments to light.”
During Smithson’s statement he also chastised Fisher saying he should have reported the problems in public safety but didn’t.
“I followed my chain of command in reporting what I knew. I went to Major Floyd and talked to him. I did not go to Bailey because some of the problems concerned him and his actions in the department. When Floyd took no action I went to see the assistant city manager Steve Thomas,” Fisher said.
Fisher said in his conversations with Thomas he reported his concerns about unethical behavior and unfair treatment of some employees.
In a letter to Thomas dated Aug. 26, 2009, Fisher outlined his meetings with Thomas which began on June 2. In the Aug. 26 letter he wrote, “I have many recorded conversations through the years saved on my computer.”
On Jan. 21, after his resignation, Fisher, in a letter to Smithson, offered to let him hear the tapes but requested to have a third party present. Smithson declined the invitation.
Fisher said he went through his chain of command and believed Thomas would follow-up on his complaints.
The city attorney has begun meeting with female officers and administrative staff in public safety to ensure no unfavorable treatment has occurred or is occurring now. In addition, sexual harassment and supervisory training, which had been scheduled last year, will be held in the next few weeks.
Thomas, who is in charge of training programs for city employees, said last fall he began talking with a company who provides training for the city about sexual and anti-harassment training and effective supervisory training.
“We have both of those sessions scheduled for several days in February,” said Thomas.
The city has also engaged the services of a consulting group who is currently interviewing public safety officers and others about the problems in the department.
Aiello says The Institute for Public Service and Policy Research will be assisting the city with an assessment of the public safety department.
“They will be here this week to interview employees in order to address any concerns they may wish to express. Further meetings will be scheduled as soon as possible to ensure that all employees have the opportunity to participate in this process,” she said.
Detention Officer Anthony Lavis Charged with Having Sex with Inmates
A Kern County sheriff's detention officer has been charged with sexually assaulting female inmates in the Kern County jail just weeks after another deputy was charged with having unlawful sex with an inmate, charges filed in court Thursday say.
Sheriff Donny Youngblood has scheduled a news conference Thursday afternoon on the matter, but would not comment further.
Anthony Michael Lavis, 55, is scheduled to be arraigned Feb. 18 on the charges which include four felonies and three misdemeanors. Bail in the case is $170,000.
The incidents first came to the attention of deputies Oct. 15 when one of the alleged victims said Lavis touch her while she was in the shower, court records said. An investigation was begun and audio and video surveillance was set up in the victim's cell.
Audio equipment captured conversation of a sexual nature between Lavis and the victim, and Lavis touched the victim and digitally penetrated her, according to a probable cause declaration investigators filed.
Detectives were soon able to find three other women who said Lavis touched them inappropriately, the declaration filed in Kern County Superior Court said.
The second alleged victim said Lavis kissed and touched her while she was an inmate, and the third alleged victim said that while she was in custody and assigned to a work crew Lavis walked up behind her and rubbed against her, the declaration said.
The fourth alleged victim said Lavis wouldn't allow her to return to her housing unit after she was taken off suicide watch until she disrobed for him, court records said.
A fifth woman was later found who said she had received phone calls and flowers from Lavis after she was released from jail, court record said. She said she never provided contact information to Lavis and was surprised to hear from him. Lavis was able to find her by using a Sheriff's Office criminal database, the records said.
The charges against Lavis are forcible sexual penetration, assault by an officer and three counts of intimate touching, court records say.
The charges come a month after the department arrested Detention Deputy Margarita Young, 48, on charges of having unlawful sex at Lerdo Jail with Death Row inmate Timothy Rodriguez, 41.
She has pleaded not guilty and is scheduled for a preliminary hearing in March.
Sheriff Donny Youngblood has scheduled a news conference Thursday afternoon on the matter, but would not comment further.
Anthony Michael Lavis, 55, is scheduled to be arraigned Feb. 18 on the charges which include four felonies and three misdemeanors. Bail in the case is $170,000.
The incidents first came to the attention of deputies Oct. 15 when one of the alleged victims said Lavis touch her while she was in the shower, court records said. An investigation was begun and audio and video surveillance was set up in the victim's cell.
Audio equipment captured conversation of a sexual nature between Lavis and the victim, and Lavis touched the victim and digitally penetrated her, according to a probable cause declaration investigators filed.
Detectives were soon able to find three other women who said Lavis touched them inappropriately, the declaration filed in Kern County Superior Court said.
The second alleged victim said Lavis kissed and touched her while she was an inmate, and the third alleged victim said that while she was in custody and assigned to a work crew Lavis walked up behind her and rubbed against her, the declaration said.
The fourth alleged victim said Lavis wouldn't allow her to return to her housing unit after she was taken off suicide watch until she disrobed for him, court records said.
A fifth woman was later found who said she had received phone calls and flowers from Lavis after she was released from jail, court record said. She said she never provided contact information to Lavis and was surprised to hear from him. Lavis was able to find her by using a Sheriff's Office criminal database, the records said.
The charges against Lavis are forcible sexual penetration, assault by an officer and three counts of intimate touching, court records say.
The charges come a month after the department arrested Detention Deputy Margarita Young, 48, on charges of having unlawful sex at Lerdo Jail with Death Row inmate Timothy Rodriguez, 41.
She has pleaded not guilty and is scheduled for a preliminary hearing in March.
Fairfax Man Known by Police to be Severely Mentally Ill Shot at Close Range
The Herndon man who was shot by a Fairfax County police officer last week was known by police to be severely mentally ill, and he was wielding a plastic replica of a pistol when he was shot at close range in the chest and stomach, police and family members said.
Ian C. Smith, 25, remains in critical condition at Inova Fairfax Hospital, where he has undergone four operations to repair the damage from two .45-caliber bullets. He was shot Friday morning in the basement of the home he shares with his parents and younger sister on Fallon Drive after a three-hour standoff with Fairfax tactical officers overseen by a police major with extensive experience dealing with the mentally ill.
But Smith's family said the officers reacted rashly by even entering the basement.
"The cop had no reason to do what he did," said Brenda Smith, Ian Smith's mother. "He isn't a murderer out on the street. He was a kid down in his basement having a psychotic attack."
Police said Smith emerged from behind a bathroom door, lunged at two officers and began pulling the trigger of his plastic BB gun. The officer did not know it wasn't a real gun, police said. "It's tragic. My heart goes out to them," said Maj. Shawn Barrett, head of the Fairfax criminal investigations bureau, who did not oversee the situation that day but is the lead investigator.
But he said the gun Smith was holding was "a very realistic-looking replica of a semiautomatic pistol" that did not have a brightly colored tip, which would have indicated that the gun was fake.
Barrett said Smith "pulled that weapon out and pointed it point blank at the officers and was pulling the trigger. At that point, the officer just responds when it's him or the other person. The [tactical] officer reverts to his training. They did everything they could."
Smith's relatives were ordered by police to leave the house as soon as officers arrived, late on Feb. 4. They wondered why, with the house empty and no one else in danger, the two tactical officers entered the house and confronted Smith so soon.
Police spokeswoman Mary Ann Jennings said that negotiators had not made contact with Smith in some time and that they thought he might have been asleep. So Maj. Thomas Ryan, supervising the operation, ordered two tactical officers, one with a dog, to go inside quietly in hopes of taking Smith into custody without violence, police said.
The name of the officer who fired the shots was not released. Fairfax police typically do not identify officers involved in shootings. The shooting of Smith was the second in recent months to involve a mentally ill man. On Nov. 13, another unidentified officer shot and killed David A. Masters, 52, as Masters rolled away from a traffic stop on Route 1.
The officers in the Masters case did not know he had bipolar disorder. But Fairfax police had been regular visitors to Smith's home to deal with his paranoid schizophrenia, his family and police said.
Smith was 17 when he began having hallucinations, said his father, Alan Smith. He graduated from Westfield High School, but when he tried to enter college in Richmond, he had a psychotic episode and was hospitalized for the first of many times, his father said.
In recent years, Smith would make threatening comments or rant excessively until his parents would call for help. His father said that when officers came, Smith would immediately calm down, apologize, take his medication and return quietly to his bedroom in the basement.
But on the night of Feb. 4, the circumstances were slightly different. Smith walked into the house and showed his sister Hayley, 21, the handle of a pistol, she said. She didn't know whether it was real. She told her mother about it as Smith went to his bedroom.
Brenda and Hayley Smith debated whether to call the Mobile Crisis Unit at Fairfax's Woodburn mental health clinic. Brenda Smith said she made the call, thinking the unit would take her son to a mental hospital. She said the clinic told her to call police as well, and she did.
The mention of a possible weapon was a new variable for police, Barrett said. Patrol officers arrived at 11:30 p.m., and rather than speaking first to Smith, they ordered Brenda and Hayley Smith out of the house, the Smiths said.
Barrett said that the patrol officers tried to get Smith to come out of the basement but that he refused. So tactical officers and negotiators were summoned, headed by Ryan, who had launched crisis intervention training for Fairfax officers to deal with the mentally ill and has worked extensively with the mental health community.
Barrett said police also were told that Smith was a "chronic drug user" and often used PCP, a hallucinogen. His parents denied that, saying they told police that trace amounts of PCP were found in a blood test last year but that their son had never tested positive in his mental hospitalizations and had never been found with any drugs.
Police told the Smiths that they tossed a remote camera into the basement and could see Smith, in his pajamas, unarmed. But Barrett said Smith moved out of the camera's view.
Brenda Smith said that her son often brought BB guns home and that she or her husband always threw them out. What he pointed at the officers "must have been a new one," she said. The confrontation and shooting happened about 3 a.m., police said.
Police had obtained an emergency custody order, and Smith's family thought he would be taken to a mental ward for treatment. Brenda Smith said police should not "shoot to kill somebody when they're supposed to take them to a hospital. They do that too often."
Ian C. Smith, 25, remains in critical condition at Inova Fairfax Hospital, where he has undergone four operations to repair the damage from two .45-caliber bullets. He was shot Friday morning in the basement of the home he shares with his parents and younger sister on Fallon Drive after a three-hour standoff with Fairfax tactical officers overseen by a police major with extensive experience dealing with the mentally ill.
But Smith's family said the officers reacted rashly by even entering the basement.
"The cop had no reason to do what he did," said Brenda Smith, Ian Smith's mother. "He isn't a murderer out on the street. He was a kid down in his basement having a psychotic attack."
Police said Smith emerged from behind a bathroom door, lunged at two officers and began pulling the trigger of his plastic BB gun. The officer did not know it wasn't a real gun, police said. "It's tragic. My heart goes out to them," said Maj. Shawn Barrett, head of the Fairfax criminal investigations bureau, who did not oversee the situation that day but is the lead investigator.
But he said the gun Smith was holding was "a very realistic-looking replica of a semiautomatic pistol" that did not have a brightly colored tip, which would have indicated that the gun was fake.
Barrett said Smith "pulled that weapon out and pointed it point blank at the officers and was pulling the trigger. At that point, the officer just responds when it's him or the other person. The [tactical] officer reverts to his training. They did everything they could."
Smith's relatives were ordered by police to leave the house as soon as officers arrived, late on Feb. 4. They wondered why, with the house empty and no one else in danger, the two tactical officers entered the house and confronted Smith so soon.
Police spokeswoman Mary Ann Jennings said that negotiators had not made contact with Smith in some time and that they thought he might have been asleep. So Maj. Thomas Ryan, supervising the operation, ordered two tactical officers, one with a dog, to go inside quietly in hopes of taking Smith into custody without violence, police said.
The name of the officer who fired the shots was not released. Fairfax police typically do not identify officers involved in shootings. The shooting of Smith was the second in recent months to involve a mentally ill man. On Nov. 13, another unidentified officer shot and killed David A. Masters, 52, as Masters rolled away from a traffic stop on Route 1.
The officers in the Masters case did not know he had bipolar disorder. But Fairfax police had been regular visitors to Smith's home to deal with his paranoid schizophrenia, his family and police said.
Smith was 17 when he began having hallucinations, said his father, Alan Smith. He graduated from Westfield High School, but when he tried to enter college in Richmond, he had a psychotic episode and was hospitalized for the first of many times, his father said.
In recent years, Smith would make threatening comments or rant excessively until his parents would call for help. His father said that when officers came, Smith would immediately calm down, apologize, take his medication and return quietly to his bedroom in the basement.
But on the night of Feb. 4, the circumstances were slightly different. Smith walked into the house and showed his sister Hayley, 21, the handle of a pistol, she said. She didn't know whether it was real. She told her mother about it as Smith went to his bedroom.
Brenda and Hayley Smith debated whether to call the Mobile Crisis Unit at Fairfax's Woodburn mental health clinic. Brenda Smith said she made the call, thinking the unit would take her son to a mental hospital. She said the clinic told her to call police as well, and she did.
The mention of a possible weapon was a new variable for police, Barrett said. Patrol officers arrived at 11:30 p.m., and rather than speaking first to Smith, they ordered Brenda and Hayley Smith out of the house, the Smiths said.
Barrett said that the patrol officers tried to get Smith to come out of the basement but that he refused. So tactical officers and negotiators were summoned, headed by Ryan, who had launched crisis intervention training for Fairfax officers to deal with the mentally ill and has worked extensively with the mental health community.
Barrett said police also were told that Smith was a "chronic drug user" and often used PCP, a hallucinogen. His parents denied that, saying they told police that trace amounts of PCP were found in a blood test last year but that their son had never tested positive in his mental hospitalizations and had never been found with any drugs.
Police told the Smiths that they tossed a remote camera into the basement and could see Smith, in his pajamas, unarmed. But Barrett said Smith moved out of the camera's view.
Brenda Smith said that her son often brought BB guns home and that she or her husband always threw them out. What he pointed at the officers "must have been a new one," she said. The confrontation and shooting happened about 3 a.m., police said.
Police had obtained an emergency custody order, and Smith's family thought he would be taken to a mental ward for treatment. Brenda Smith said police should not "shoot to kill somebody when they're supposed to take them to a hospital. They do that too often."
Corporal Randy Braaksma Accused of Keeping Cash & Seized Drugs
Vancouver Police chief Cliff Cook has fired an officer accused of keeping cash and drugs seized from suspects.
Corporal Randy Braaksma was terminated Wednesday after a year-long investigation into mishandled evidence.
The Vancouver Columbian reports a lawyer for Braaksma says the firing is retaliation for his speaking out in a discrimination case. Braaksma has filed a claim against the city, intending to sue.
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Information from: The Columbian, http://www.columbian.com
Corporal Randy Braaksma was terminated Wednesday after a year-long investigation into mishandled evidence.
The Vancouver Columbian reports a lawyer for Braaksma says the firing is retaliation for his speaking out in a discrimination case. Braaksma has filed a claim against the city, intending to sue.
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Information from: The Columbian, http://www.columbian.com
Officer's Name will be Released in Child Porn Case
The name of the city police officer involved in a child pornography probe will be made public Friday barring appeal.
A day after Rutland District Court Judge Thomas Zonay redacted the name and identifying information related to the officer from documents related to the investigation, the judge said Wednesday in a decision there was no legal basis to continue keeping the officer's identity from the public eye.
"In sum, the court simply cannot find that the privacy issues advanced … are such that they can be found to be exceptional circumstances which provide a basis for sealing the name and identifying information of the target," Zonay wrote in his six page decision.
However, Zonay didn't immediately release the name, instead giving the officer until 1 p.m. Friday to file an appeal to the Vermont Supreme Court. The officer's attorney, Matthew Harnett, could not be reached for comment Wednesday.
Robert Hemley, a lawyer for the Rutland Herald, which sought the release of court documents related to the investigation, said Wednesday that Zonay's decision reached a balance in preserving the rights of access for the press and the public and what privacy rights exist for the officer in question.
"By giving time for an appeal, the judge is giving an opportunity to have the decision reviewed if the individual disagrees with it," Hemley said.
On Tuesday, Zonay released more than 30 pages of documents related to a search warrant executed at the police department in September. Those documents described an investigation that started in August after state police discovered more than 150 images of suspected child pornography on a computer issued to the officer.
Additional images, discs, DVDs and VHS tapes of adult pornographic material and suspected child pornography were obtained through execution of a search warrant at the department on Sept. 22, 2009.
Zonay redacted the name and identifying information about the officer after hearing arguments Tuesday from a lawyer representing the officer, who was identified in court only as "John Doe."
Regarding the potential damage to the officer's reputation, the judge concluded that the potential stigma for the officer was not significantly different from what any other subject of a criminal investigation would face.
"The issue for the court is whether there are 'exceptional circumstances' specific to this case. … The circumstances and impact advanced by counsel are not exceptional. Rather, they are typical for any search pertaining to the underlying subject matter. Indeed, a stigma and impact may be expected to attach in any case where a warrant is executed, irrespective of the nature of the crime being investigated."
A day after Rutland District Court Judge Thomas Zonay redacted the name and identifying information related to the officer from documents related to the investigation, the judge said Wednesday in a decision there was no legal basis to continue keeping the officer's identity from the public eye.
"In sum, the court simply cannot find that the privacy issues advanced … are such that they can be found to be exceptional circumstances which provide a basis for sealing the name and identifying information of the target," Zonay wrote in his six page decision.
However, Zonay didn't immediately release the name, instead giving the officer until 1 p.m. Friday to file an appeal to the Vermont Supreme Court. The officer's attorney, Matthew Harnett, could not be reached for comment Wednesday.
Robert Hemley, a lawyer for the Rutland Herald, which sought the release of court documents related to the investigation, said Wednesday that Zonay's decision reached a balance in preserving the rights of access for the press and the public and what privacy rights exist for the officer in question.
"By giving time for an appeal, the judge is giving an opportunity to have the decision reviewed if the individual disagrees with it," Hemley said.
On Tuesday, Zonay released more than 30 pages of documents related to a search warrant executed at the police department in September. Those documents described an investigation that started in August after state police discovered more than 150 images of suspected child pornography on a computer issued to the officer.
Additional images, discs, DVDs and VHS tapes of adult pornographic material and suspected child pornography were obtained through execution of a search warrant at the department on Sept. 22, 2009.
Zonay redacted the name and identifying information about the officer after hearing arguments Tuesday from a lawyer representing the officer, who was identified in court only as "John Doe."
Regarding the potential damage to the officer's reputation, the judge concluded that the potential stigma for the officer was not significantly different from what any other subject of a criminal investigation would face.
"The issue for the court is whether there are 'exceptional circumstances' specific to this case. … The circumstances and impact advanced by counsel are not exceptional. Rather, they are typical for any search pertaining to the underlying subject matter. Indeed, a stigma and impact may be expected to attach in any case where a warrant is executed, irrespective of the nature of the crime being investigated."
Former Officer Gene Tomatani Pleads Guilty to Grand Theft
A former Redondo Beach police officer accused of taking more than $75,000 from a law enforcement officers' association pleaded guilty Wednesday to one count of grand theft by embezzlement, authorities said.
Gene Tomatani, 40, is expected to pay $75,388 in restitution between now and his sentencing March 15, the Los Angeles County district attorney's office said. He has already paid $12,000 toward the restitution.
Tomatani agreed to a settlement and is expected to be sentenced to 90 days in County Jail and three years' probation. He must attend a year of Gamblers Anonymous, the district attorney said.
Tomatani was the president and treasurer of the Redondo Beach Police Officer's Assn. and was accused of embezzling the money between May 2004 and May 2008.
He resigned from the department in October.
Gene Tomatani, 40, is expected to pay $75,388 in restitution between now and his sentencing March 15, the Los Angeles County district attorney's office said. He has already paid $12,000 toward the restitution.
Tomatani agreed to a settlement and is expected to be sentenced to 90 days in County Jail and three years' probation. He must attend a year of Gamblers Anonymous, the district attorney said.
Tomatani was the president and treasurer of the Redondo Beach Police Officer's Assn. and was accused of embezzling the money between May 2004 and May 2008.
He resigned from the department in October.
Wednesday, February 10, 2010
Two Corrections Officer Arrested for Misconduct
In less than a week, authorities in Cumberland County have arrested two corrections officers accused of misconduct on the job. Both face serious charges in unrelated cases.
Last week, an officer was charged with smuggling drugs in to the jail, and a second officer was accused Tuesday of having sex with an inmate.
Cumberland County Sheriff Mark Dion said he is disappointed over what he called "two corrupt corrections officers" at the Cumberland County Jail.
"It's a terrible feeling. I mean, we take an oath. The community grants us a responsibility and, more importantly, they trust us to do the job," Dion said. "We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
Gerald Gilbert Jr., 41, of South Portland, faces two charges of gross sexual assault following an internal investigation by the sheriff's office. Gilbert is accused of having sex with a female inmate at the Cumberland County Jail.
Dion said the same female inmate was receiving drugs from Toby Post, 38, of West Gardiner, who was charged last week with two felony counts of trafficking in prison contraband. Investigators determined Post was the middleman in delivering drugs to an inmate.
Dion said he has enough evidence to recommend to county leaders that both men lose their jobs.
"They have a common link with that particular inmate; however, they weren't necessarily working in concert," Dion said.
"We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
"The men and women who work in that facility are disgusted that two of our own have fallen to that level, but bad apples don't spoil the bunch," said Will Russell, president of the correction officers' union. "The men and women who work in that facility hold their heads up high, and rightfully so."
"Should there be some policy changes? We don't re-write the code for traffic court just because there are accidents out there and people are speeding. We just pay more attention and we will," Dion said.
Post is free on bail and has been placed on paid administrative leave pending an internal investigation.
Gilbert, who has been a corrections officer at the jail since January 2007, is on paid administrative leave pending a pre-termination hearing. He was released from jail on unsecured bail of $5,000. News 8 spoke with Gilbert at his home Tuesday night but he had no comment.
Both Gilbert and Post are due to be arraigned in court on March 10.
Last week, an officer was charged with smuggling drugs in to the jail, and a second officer was accused Tuesday of having sex with an inmate.
Cumberland County Sheriff Mark Dion said he is disappointed over what he called "two corrupt corrections officers" at the Cumberland County Jail.
"It's a terrible feeling. I mean, we take an oath. The community grants us a responsibility and, more importantly, they trust us to do the job," Dion said. "We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
Gerald Gilbert Jr., 41, of South Portland, faces two charges of gross sexual assault following an internal investigation by the sheriff's office. Gilbert is accused of having sex with a female inmate at the Cumberland County Jail.
Dion said the same female inmate was receiving drugs from Toby Post, 38, of West Gardiner, who was charged last week with two felony counts of trafficking in prison contraband. Investigators determined Post was the middleman in delivering drugs to an inmate.
Dion said he has enough evidence to recommend to county leaders that both men lose their jobs.
"They have a common link with that particular inmate; however, they weren't necessarily working in concert," Dion said.
"We're supposed to be on the right side. So, when we discover our own is on the wrong side of the law, it's discouraging, it's embarrassing."
"The men and women who work in that facility are disgusted that two of our own have fallen to that level, but bad apples don't spoil the bunch," said Will Russell, president of the correction officers' union. "The men and women who work in that facility hold their heads up high, and rightfully so."
"Should there be some policy changes? We don't re-write the code for traffic court just because there are accidents out there and people are speeding. We just pay more attention and we will," Dion said.
Post is free on bail and has been placed on paid administrative leave pending an internal investigation.
Gilbert, who has been a corrections officer at the jail since January 2007, is on paid administrative leave pending a pre-termination hearing. He was released from jail on unsecured bail of $5,000. News 8 spoke with Gilbert at his home Tuesday night but he had no comment.
Both Gilbert and Post are due to be arraigned in court on March 10.
Deputy Danny Stenger Accused of Sleeping with Informant
Richmond County Sheriff Ronnie Strength tells 26 News a deputy has resigned after accusations arose about him sleeping with an informant.
Strength tells 26 News an internal affairs investigation was opened at the beginning of this month after the informant’s attorney notified the Sheriff’s Office of the relationship.
26 News has learned Danny Stenger first arrested the suspect and her boyfriend during a meth case back in August. The boyfriend was arrested for drug charges, and she was arrested for disorderly conduct. Strength says an internal affairs investigation revealed the affair began four months later.
Stenger was questioned about the incident on Friday and has since resigned.
Stenger was already on suspension for allegedly taking open case files and property receipts out of the office and leaving them in his car. During a routine inspection of his car, sources allege he took the files out and hid them in a washing machine.
Strength says this is an ongoing investigation. Once it is complete, it will be handed over to Georgia Peace Officer Standards and Training Council or P.O.S.T. The council will then decide whether or not Stenger can stay in law enforcement.
Stenger started working with the Sheriff’s Office in 1996. He was with the Narcotics division for four years before he resigned.
Strength tells 26 News an internal affairs investigation was opened at the beginning of this month after the informant’s attorney notified the Sheriff’s Office of the relationship.
26 News has learned Danny Stenger first arrested the suspect and her boyfriend during a meth case back in August. The boyfriend was arrested for drug charges, and she was arrested for disorderly conduct. Strength says an internal affairs investigation revealed the affair began four months later.
Stenger was questioned about the incident on Friday and has since resigned.
Stenger was already on suspension for allegedly taking open case files and property receipts out of the office and leaving them in his car. During a routine inspection of his car, sources allege he took the files out and hid them in a washing machine.
Strength says this is an ongoing investigation. Once it is complete, it will be handed over to Georgia Peace Officer Standards and Training Council or P.O.S.T. The council will then decide whether or not Stenger can stay in law enforcement.
Stenger started working with the Sheriff’s Office in 1996. He was with the Narcotics division for four years before he resigned.
Former Sgt. Walter McWilson Pleads Guilty to Receiving Stolen Property
A once-lauded Oceanside police sergeant will do jail time after pleading guilty Wednesday to three counts of receiving stolen property.
Before striking a plea bargain with prosecutors, Walter McWilson, 37, a 10-year Oceanside police veteran, had been facing 14 felony charges, including grand theft and conspiracy for allegedly asking his office manager girlfriend to use her construction company's credit cards to buy gift cards, electronics and home improvement materials.
Prosecutor Anna Winn, who handled the case, said police officers are "heroes" and "protectors," so McWilson's fall was painful to many.
"Anytime a police officer commits a crime, it betrays all police officers and it betrays the public trust," Winn said.
McWilson is scheduled to be sentenced June 15 to 365 days in county jail, Winn said. But if he repays Oceanside-based Royal Pacific Construction $22,000 by that date, he will get a sentence of between 180 and 270 days.
Under state guidelines, McWilson will probably be required to serve half of any sentence he receives.
McWilson has three children and lives in Murrieta with a son and his elderly mother.
His now ex-girlfriend Aimee Rich, 34, had previously pleaded guilty to one count of embezzlement and is expected to be sentenced April 22 to between 120 and 365 days in jail, Winn said.
Before he was placed on leave in August, McWilson gained the praise of department leaders as the supervisor of the Neighborhood Policing Team and for his work on the Crisis Negotiations Team and the Psychiatric Emergency Response Team.
With an earnest but friendly demeanor and what department leaders said was a sincere concern for the community, one Oceanside police captain called McWilson a "rising star."
Detectives from his own department discovered McWilson's crimes by accident as they investigated Rich, police said.
She refused to tell investigators whether her embezzlement had benefited any friends, but a receipt for a mattress seized from her Murrieta apartment had McWilson's name on it, police said.
Oceanside police Chief Frank McCoy on Wednesday said McWilson's arrest and guilty plea showed the department's commitment to justice.
"A clear message was sent that regardless of if someone is a police officer or whatever their profession is, our department will conduct a thorough and fair investigation," McCoy said.
Oceanside's probe showed that Rich had used company checks and lines of credit to embezzle about $160,000 between 2004 and 2008, court records show.
Winn said McWilson admitted that Rich used her company's credit to buy him about $22,000 worth of goods, including four TVs, one of which he sold to a neighbor, an Apple notebook computer, a high-end mattress, Thomasville mahogany flooring and $4,000 in Home Depot gift cards.
As a convicted felon, McWilson will never be able to work in law enforcement again, Winn said.
But it is not McWilson's first time on the wrong side of the law. In 1993 he was convicted of evading a police officer, Winn said, but had the charge expunged after establishing a record of good behavior.
Before striking a plea bargain with prosecutors, Walter McWilson, 37, a 10-year Oceanside police veteran, had been facing 14 felony charges, including grand theft and conspiracy for allegedly asking his office manager girlfriend to use her construction company's credit cards to buy gift cards, electronics and home improvement materials.
Prosecutor Anna Winn, who handled the case, said police officers are "heroes" and "protectors," so McWilson's fall was painful to many.
"Anytime a police officer commits a crime, it betrays all police officers and it betrays the public trust," Winn said.
McWilson is scheduled to be sentenced June 15 to 365 days in county jail, Winn said. But if he repays Oceanside-based Royal Pacific Construction $22,000 by that date, he will get a sentence of between 180 and 270 days.
Under state guidelines, McWilson will probably be required to serve half of any sentence he receives.
McWilson has three children and lives in Murrieta with a son and his elderly mother.
His now ex-girlfriend Aimee Rich, 34, had previously pleaded guilty to one count of embezzlement and is expected to be sentenced April 22 to between 120 and 365 days in jail, Winn said.
Before he was placed on leave in August, McWilson gained the praise of department leaders as the supervisor of the Neighborhood Policing Team and for his work on the Crisis Negotiations Team and the Psychiatric Emergency Response Team.
With an earnest but friendly demeanor and what department leaders said was a sincere concern for the community, one Oceanside police captain called McWilson a "rising star."
Detectives from his own department discovered McWilson's crimes by accident as they investigated Rich, police said.
She refused to tell investigators whether her embezzlement had benefited any friends, but a receipt for a mattress seized from her Murrieta apartment had McWilson's name on it, police said.
Oceanside police Chief Frank McCoy on Wednesday said McWilson's arrest and guilty plea showed the department's commitment to justice.
"A clear message was sent that regardless of if someone is a police officer or whatever their profession is, our department will conduct a thorough and fair investigation," McCoy said.
Oceanside's probe showed that Rich had used company checks and lines of credit to embezzle about $160,000 between 2004 and 2008, court records show.
Winn said McWilson admitted that Rich used her company's credit to buy him about $22,000 worth of goods, including four TVs, one of which he sold to a neighbor, an Apple notebook computer, a high-end mattress, Thomasville mahogany flooring and $4,000 in Home Depot gift cards.
As a convicted felon, McWilson will never be able to work in law enforcement again, Winn said.
But it is not McWilson's first time on the wrong side of the law. In 1993 he was convicted of evading a police officer, Winn said, but had the charge expunged after establishing a record of good behavior.
Officer Jason Deason Pleads Guilty to Steroid Charges
Former Canby Police officer Jason D. Deason pleaded guilty to steroid and misconduct charges Wednesday.
Deason pleaded guilty to a charge of illegally possessing anabolic steroids and two counts of official misconduct for buying the drugs while on duty and in uniform.
He will be sentenced Feb. 25 in Clackamas County Circuit Court.
Each of the three counts is a class A misdemeanor punishable by up to a year in jail, said Deputy District Attorney Mike Wu.
But as part of a plea agreement, the district attorney’s office will ask the judge to limit his jail recommendation to 120 days, Wu added.
Deason, a member of the Canby police force since 1999, resigned in July 2008 during an FBI investigation of his alleged steroid use.
The Canby Police Department’s failure to properly investigate complaints about Deason led to an internal investigation and the resignation of Chief Greg Kroeplin.
The controversy also generated criticism of Canby City Administrator Mark Adcock, who was ultimately fired by the city council Aug. 26, 2009. The council terminated Adcock for failing to make satisfactory progress on a work improvement plan and a loss of trust and confidence in his ability to manage the city’s business.
William J. Traverso of Canby, accused of being one of Deason’s suppliers, will go on trial March 30 on theft and unlawful possession of steroids charges.
Deason pleaded guilty to a charge of illegally possessing anabolic steroids and two counts of official misconduct for buying the drugs while on duty and in uniform.
He will be sentenced Feb. 25 in Clackamas County Circuit Court.
Each of the three counts is a class A misdemeanor punishable by up to a year in jail, said Deputy District Attorney Mike Wu.
But as part of a plea agreement, the district attorney’s office will ask the judge to limit his jail recommendation to 120 days, Wu added.
Deason, a member of the Canby police force since 1999, resigned in July 2008 during an FBI investigation of his alleged steroid use.
The Canby Police Department’s failure to properly investigate complaints about Deason led to an internal investigation and the resignation of Chief Greg Kroeplin.
The controversy also generated criticism of Canby City Administrator Mark Adcock, who was ultimately fired by the city council Aug. 26, 2009. The council terminated Adcock for failing to make satisfactory progress on a work improvement plan and a loss of trust and confidence in his ability to manage the city’s business.
William J. Traverso of Canby, accused of being one of Deason’s suppliers, will go on trial March 30 on theft and unlawful possession of steroids charges.
Officer Jeff Brown Being Investigated Again
Oregon Police Officer Jeff Brown, who was suspended last year following an internal affairs investigation involving several women, was put on paid administrative leave late last month.
Mayor Mike Seferian said police are looking at whether Brown, the son of former Mayor Marge Brown, violated department rules, but would not disclose details because the matter is under investigation.
“Pending the outcome of the investigation, we just put him on administrative leave,” said Seferian.
It is the latest police department investigation of Brown.
He received disciplinary action last year as the result of an investigation that stretched back seven years. He was suspended for 20 days for his repeated and illegal use of the Law Enforcement Automated Data System (LEADS) to gain information about an ex-girlfriend over a two year period.
In addition to the 20-day suspension, Brown received a verbal reprimand for interfering in the private business or affairs of another woman, Vicky Ferris, a teacher at St. Patrick of Heatherdowns Elementary School. Ferris contacted police to complain that Brown had allegedly portrayed her as a convicted felon.
Brown was blocked from using the Northwest Ohio Regional Information System (NORIS) and LEADS for six months and was suspended from the Special Response Team (SRT) for six months.
Allegations that Brown had sex with a woman while he was on duty in 2002 were substantiated by the investigation, but were dismissed because of the absence of a report on the matter.
Nichole Rhoades had alleged she and Brown had sex in Fire Station No. 2 on Wheeling Street, at the Comfort Inn, in the playground area of New Harvest Church on Seaman Road, and in the parking lot of Coy School on Wheeling Street while Brown was on duty.
The report, issued last September 4, couldn’t have come at a worse time for Brown’s mother, who ran against Seferian for a third term last November. She said at the time that the investigation had been politically motivated. Seferian said he had nothing to do with the investigation, which was started by Stager several months before the election.
Seferian, a long time councilman, beat Brown 61.17 percent to 38.83 percent of the vote and in each of the city’s 19 precincts.
Mayor Mike Seferian said police are looking at whether Brown, the son of former Mayor Marge Brown, violated department rules, but would not disclose details because the matter is under investigation.
“Pending the outcome of the investigation, we just put him on administrative leave,” said Seferian.
It is the latest police department investigation of Brown.
He received disciplinary action last year as the result of an investigation that stretched back seven years. He was suspended for 20 days for his repeated and illegal use of the Law Enforcement Automated Data System (LEADS) to gain information about an ex-girlfriend over a two year period.
In addition to the 20-day suspension, Brown received a verbal reprimand for interfering in the private business or affairs of another woman, Vicky Ferris, a teacher at St. Patrick of Heatherdowns Elementary School. Ferris contacted police to complain that Brown had allegedly portrayed her as a convicted felon.
Brown was blocked from using the Northwest Ohio Regional Information System (NORIS) and LEADS for six months and was suspended from the Special Response Team (SRT) for six months.
Allegations that Brown had sex with a woman while he was on duty in 2002 were substantiated by the investigation, but were dismissed because of the absence of a report on the matter.
Nichole Rhoades had alleged she and Brown had sex in Fire Station No. 2 on Wheeling Street, at the Comfort Inn, in the playground area of New Harvest Church on Seaman Road, and in the parking lot of Coy School on Wheeling Street while Brown was on duty.
The report, issued last September 4, couldn’t have come at a worse time for Brown’s mother, who ran against Seferian for a third term last November. She said at the time that the investigation had been politically motivated. Seferian said he had nothing to do with the investigation, which was started by Stager several months before the election.
Seferian, a long time councilman, beat Brown 61.17 percent to 38.83 percent of the vote and in each of the city’s 19 precincts.
Officer James John Hoffman Arrested for Drunk Driving
A Bethlehem police officer has been placed on administrative leave while he faces drunken driving and careless driving charges in Bucks County.
James John Hoffman, 28, of Warminster Township was charged Jan. 17 with three counts of drunken driving and careless driving by Warminster police, according to criminal court records.
Hoffman joined Bethlehem police in 2007 and most recently served as a patrol officer.
He surrendered his badge and gun and is on paid administrative duty pending the outcome of his case and an internal investigation, police Commissioner Stuart Bedics said.
Bedics declined to comment on any details surrounding the incident, but said the department was notified within hours of Hoffman's arrest.
Bedics said appropriate discipline will be administered, based on the outcome of the case. That discipline could range from a suspension to termination.
Hoffman is scheduled for a preliminary hearing Feb. 19.
The investigating officer in Hoffman's arrest, Warminster officer Chad Vargo, could not be reached for comment.
James John Hoffman, 28, of Warminster Township was charged Jan. 17 with three counts of drunken driving and careless driving by Warminster police, according to criminal court records.
Hoffman joined Bethlehem police in 2007 and most recently served as a patrol officer.
He surrendered his badge and gun and is on paid administrative duty pending the outcome of his case and an internal investigation, police Commissioner Stuart Bedics said.
Bedics declined to comment on any details surrounding the incident, but said the department was notified within hours of Hoffman's arrest.
Bedics said appropriate discipline will be administered, based on the outcome of the case. That discipline could range from a suspension to termination.
Hoffman is scheduled for a preliminary hearing Feb. 19.
The investigating officer in Hoffman's arrest, Warminster officer Chad Vargo, could not be reached for comment.
Former Officer, Son, and Others Arrested on Drug Charges
A former Burlington police officer, his son, and five additional defendants have been arrested in connection with a large scale drug ring operating out of Burlington,said Middlesex District Attorney Gerry Leone today.
The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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The seven defendants were arrested today after search warrants were executed and nearly 200 grams of cocaine and 28 grams of heroin were seized.
The seven defendants are identified as:
* Michael Reynolds, 26, of Burlington, charged with trafficking heroin over 14 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Kenneth Reynolds, 45, of Burlington, charged with conspiracy to traffic heroin over 28 grams, possession of cocaine with intent to distribute, and use of a firearm in commission of a felony. He was ordered held on $10,000 cash bail.
* William Najjar, 21, of Woburn, was charged with trafficking in cocaine over 100 grams, conspiracy to traffic cocaine over 100 grams, distribution of cocaine (11 counts), use of firearm in commission of a felony, possession of firearm, and, possession of ammunition. He was ordered held on $50,000 cash bail.
* David Medur, 27, of Wakefield, was charged with trafficking heroin over 28 grams, conspiracy to traffic heroin over 28 grams, possession with intent to distribute cocaine, use of a firearm in commission of a felony, possession of a firearm, and possession of ammunition. He was ordered held on $10,000 cash bail.
* Matthew Basile, 38, of Stoneham, was charged with possession with intent to distribute heroin and conspiracy to traffic heroin over 28 grams. He was ordered held on $5,000 cash bail, as well as a probation detainer.
* Coleen Cosgrove, 27, of Waltham, was charged with trafficking heroin over 28 grams, trafficking heroin over 14 grams (4 counts), and conspiracy to traffic heroin over 28 grams. She was ordered held on $5,000 cash bail.
* Derek Clemetson, 28, of Woburn, was charged with conspiracy to traffic heroin over 28 grams and possession of an electrical weapon. He was ordered held on $750 cash bail.
Their next court date is March 8 for pre-trial conference.
“These were significant arrests that resulted in today's seizures of guns and a large amount of heroin and cocaine that were being distributed on our streets. We know that heroin specifically has been responsible for a number of overdose deaths, including young people, which we’ve seen in our county in the last year,” Leone said. “Illegal drug trafficking and weapons charges are serious offenses that are often at the root of many additional and violent crimes. These allegations are made all the worse in that a former police officer is alleged to have disgraced the badge that he once wore, and impugned the good reputation of law enforcement personnel everywhere. We will continue to actively investigate and prosecute drug crimes and I want to thank the Woburn Police Department for their cooperative effort in this investigation."
According to authorities, in December 2009, and January and February of this year, Massachusetts State Police troopers assigned to the Middlesex District Attorney’s Office conducted court-authorized wiretap surveillance of several telephone lines that were identified as being used by a large-scale heroin distribution ring operating in Middlesex County. Pursuant to those wiretaps, troopers were able to discover evidence of numerous sales of cocaine and heroin to an apparent large number of customers.
Michael Reynolds was identified as a ringleader of the distribution organization. He was repeatedly intercepted negotiating prices and methods of delivery for heroin and conducting sales of heroin in varying amounts to Matthew Basile, Derek Clemetson and David Medur on numerous occasions.
Michael Reynolds was also identified as a cocaine distributor and was repeatedly intercepted negotiating prices and weights for cocaine. Reynolds made numerous large purchases of cocaine, in quantities consistent with re-distribution, from William Najjar.
During the course of the investigation, Kenneth Reynolds, a former Burlington police officer who retired in 2002, was repeatedly observed driving Michael Reynolds to heroin transactions and was intercepted discussing past and future acts of heroin distribution with Michael Reynolds and others.
On Feb. 10, a search warrant was executed at the Reynolds’ home at 14 Evelyn Road in Burlington. As a result of the search warrant, authorities recovered a firearm, customer lists, and cash money.
During the course of the wire surveillance, Medur was repeatedly intercepted planning and carrying out purchases of large quantities of heroin. On Feb. 10, a search warrant obtained from the Middlesex Superior Court was executed at Medur’s residence at of 31 Melvin St. in Wakefield. Recovered during the search was over 20 grams of heroin, approximately 3.5 grams of cocaine, a firearm, and a variety of prescription pills.
Wire surveillance revealed William Najjar to be a major supplier of cocaine in the Woburn area. He was repeatedly intercepted negotiating sales of cocaine in large quantities to Michael Reynolds, who in turn would repackage and sell the cocaine to generate additional profits. On Feb. 10, a search warrant issued by the Middlesex Superior Court was executed at Najjar’s residence of 31 Waltham St., Woburn. Found during the course of the search was approximately 195 grams of cocaine, a large quantity of U.S. currency, and a firearm.
During the course of the wire surveillance, Derek Clemetson was identified as a heroin and cocaine distributor for the Reynolds Organization. A search warrant obtained from the Middlesex Superior Court was executed at Clemetson’s residence of 9 Middle St., Woburn on Feb. 10. Recovered during the search were numerous small plastic bags consistent with packaging for illegal narcotics and a portable electrical weapon designed to deliver a powerful electric shock.
During the course of the wire surveillance, Basile was identified as a heroin distributor who acquired heroin from the Reynolds organization and re-sold it for profit.
Basile was repeatedly intercepted purchasing heroin from Michael Reynolds and from other sources, often in large quantities that were consistent with redistribution.
Cosgrove was also identified as selling large quantities of heroin to the Reynolds Organization. A search warrant was obtained from the Middlesex Superior Court and was executed at Cosgrove’s residence at 22 Underwood Park in Waltham on Feb. 10. Discovered during the course of the search were numerous controlled substances of Class E.
The investigation continues into the reach and scope of the drug operation and further arrests may be made. The Burlington Police Department has cooperated fully with the investigation.
The Middlesex PACT Unit is a team of prosecutors and Massachusetts State Police assigned to the Middlesex District Attorney’s Office dedicated to the investigation and prosecution of cases of public integrity, anti-terrorism, corruption, technology, and high-level narcotics.
These charges are allegations, and the defendants are presumed innocent until proven guilty.
This case was investigated by State Police assigned to the Middlesex District Attorney's PACT Unit and the Woburn Police Department. The Assistant District Attorneys assigned to this case are David Solet and John Verner, Chief of the MDAO’s PACT Unit.
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Lt Scott Gardner Arrested for Embezzlement
A sworn police officer working for California's Porterville Developmental Center claimed overtime in 2008 for days he was supposed to be on vacation and on occasions that he was out of town, an 18-month Porterville Police Department investigation has revealed.
Lt. Scott Gardner, 37, a resident of Camp Nelson, was arrested Tuesday morning on suspicion of embezzling of public funds.
Porterville resident Jeff Bradley, commander of the state police force at the center — a hospital that, among other tasks, helps to determine whether criminal suspects are mentally competent to stand trial — was arrested on similar charges.
The indictment charges Bradley with being complicit in helping Gardner illicitly receive more than $121,000 during calendar year 2008 by "claiming overtime for hours he had worked when he was not actually working — and being compensated for regular working hours in which he was not at work," Porterville police reported.
Porterville police were involved only because the hospital is within their jurisdiction, officials said.
All information was turned over to the Tulare County District Attorney's Office and a grand jury, which decided to indict Gardner and Bradley.
Neither suspect — booked Tuesday at Tulare County Jail on $60,000 bond each — was immediately available for comment.
The investigation took 18 months and involved analysis of 19,000 documents and the execution of 12 search warrants. It might yet take a wider scope and lead to future arrests, officials reported.
"In an investigation of this size, there's always the possibility of more charges and more arrests," Porterville administrative Sgt. Jake Castellow said.
Nancy Lungren, assistant director of communica-tions for the state Department of Developmental Services in Sacramento — which oversees the Porterville facility and its police force — confirmed that the state office had cooperated with the Porterville Police Department in the investigation but declined to comment further Wednesday.
Gardner claimed overtime for "multiple trips to Las Vegas and [to] various California cities, including the Central Coast," Porterville police reported. The investigation also showed that Gardner:
More Information
Lt. Scott Gardner, 37, a resident of Camp Nelson, was arrested Tuesday morning on suspicion of embezzling of public funds.
Porterville resident Jeff Bradley, commander of the state police force at the center — a hospital that, among other tasks, helps to determine whether criminal suspects are mentally competent to stand trial — was arrested on similar charges.
The indictment charges Bradley with being complicit in helping Gardner illicitly receive more than $121,000 during calendar year 2008 by "claiming overtime for hours he had worked when he was not actually working — and being compensated for regular working hours in which he was not at work," Porterville police reported.
Porterville police were involved only because the hospital is within their jurisdiction, officials said.
All information was turned over to the Tulare County District Attorney's Office and a grand jury, which decided to indict Gardner and Bradley.
Neither suspect — booked Tuesday at Tulare County Jail on $60,000 bond each — was immediately available for comment.
The investigation took 18 months and involved analysis of 19,000 documents and the execution of 12 search warrants. It might yet take a wider scope and lead to future arrests, officials reported.
"In an investigation of this size, there's always the possibility of more charges and more arrests," Porterville administrative Sgt. Jake Castellow said.
Nancy Lungren, assistant director of communica-tions for the state Department of Developmental Services in Sacramento — which oversees the Porterville facility and its police force — confirmed that the state office had cooperated with the Porterville Police Department in the investigation but declined to comment further Wednesday.
Gardner claimed overtime for "multiple trips to Las Vegas and [to] various California cities, including the Central Coast," Porterville police reported. The investigation also showed that Gardner:
More Information
Probation Officer Michael Ayer Charged with Delivering Heroin
A Stoughton man who works as a probation officer for juveniles in Rhode Island was arrested Tuesday afternoon after police say he sold heroin to an undercover officer, the Providence Journal is reporting.
Michael Ayer, 49, of 46 Frank Road, faces two counts of delivering heroin to a police officer. He was scheduled to be arraigned in Kent County District Court on Wednesday.
The Providence Journal is reporting that Ayer was arrested around 2 p.m. Tuesday. Rhode Island police say he was driving a state-registered vehicle and using his state cell phone to sell drugs.
The State Police High Intensity Drug Trafficking Area Task Force began the undercover operation last month, acting on a tip from an informant.
Ayers has been a probation officer with the state Department of Children, Youth and Families for 14 years, the newspaper reported. Police said there is no indication that Ayers sold drugs to anyone he was supervising.
Michael Ayer, 49, of 46 Frank Road, faces two counts of delivering heroin to a police officer. He was scheduled to be arraigned in Kent County District Court on Wednesday.
The Providence Journal is reporting that Ayer was arrested around 2 p.m. Tuesday. Rhode Island police say he was driving a state-registered vehicle and using his state cell phone to sell drugs.
The State Police High Intensity Drug Trafficking Area Task Force began the undercover operation last month, acting on a tip from an informant.
Ayers has been a probation officer with the state Department of Children, Youth and Families for 14 years, the newspaper reported. Police said there is no indication that Ayers sold drugs to anyone he was supervising.
A Rutland City police officer is under investigation after evidence of child pornography was found on his work computers. A 31-page warrant and accompanying affidavit released Tuesday revealed that information but not the identity of the officer, whose name was redacted at least temporarily by order of a Rutland District Court judge.
Less than a week after The Rutland Herald asked for the warrant, which was executed at the city police department in September, Judge Thomas Zonay followed through Tuesday with his order to make the contents public while withholding the officer's name to consider a pending motion that his identity be permanently sealed.
What Zonay did release revealed a state police investigation overseen by the Attorney General's office which began in August, after technicians working on a laptop issued to the unidentified officer found images of what appeared to be child pornography.
The officer told computer technicians in the department that he was searching online for information about hidden cameras and police videos when pornographic images began "popping up" on the machine, which stopped working altogether soon thereafter, according to state police Detective Sgt. Jason Letourneau. The officer under investigation told police the incident occurred while he was on duty.
Further analysis of the computer revealed 150 possible images of child pornography, Letourneau wrote, which were all added to the computer in a 13-minute time span on July 23. The detective said he also found more than 100 pornographic files of adult subjects.
In a search of the officer's desktop computer, investigators found more cause for concern, including files created for a media player that seem to refer to children's ages through characters such as Y11 YRLD and Y11 next to sexually explicit labels.
In an interview with state police, the city officer under investigation at first said he was simply researching clip-on video cameras for use in the field when pornographic images began swamping his computer.
But Letourneau said he and another investigator didn't believe that account.
"We further explained that the evidence collected during the examination of the computer clearly reveals that he visited pornographic Web sites, that they did not just pop up on his screen," he wrote. "(The officer) then told us that he may have clicked on a few adult pornographic Web sites not knowing they were pornographic Web sites. We again explained that the titles of the Web sites he visited were clearly pornographic by the titles alone."
Letourneau wrote that the officer eventually admitted to purposely visiting the pornographic sites, but he told investigators the visits were for research into the clip-on cameras he was seeking — not to view pornographic material.
"He said he visited the pornographic Web site to see what type of cameras they used," the detective wrote. "He later advised he also wanted to see what angle the cameras were used and the quality of the images/videos."
A search warrant executed at the department on Sept. 22 seized evidence from the officer's desk, locker and other belongings at the department.
Among other things, police seized a rack of 20 pornographic DVDs, four VHS tapes listed with pornographic titles, three DVDs identified as "teen porn" and a DVD titled "midget porn."
Since the warrant was executed no charges have been brought, but Assistant Attorney General John Treadwell said Tuesday the criminal investigation is continuing.
Treadwell argued last week against the Herald's request to unseal the search warrant, which was closed to the public upon its return to Orleans District Court on Sept. 29.
In the information released by the court on Tuesday, Zonay said Treadwell argued in a written motion and in a closed-door hearing on Feb. 3 that releasing the contents of the warrant would jeopardize the criminal investigation.
"The state asserted that the investigation is ongoing and that investigators have continued to interview individuals with knowledge of the matter as well as to investigate the suspect's home Internet use," Zonay wrote. "(Treadwell) further sets forth that the state has attempted to obtain probable cause to obtain additional warrants. It also asserts the investigators wish to again speak with the suspect concerning the findings they made since they last spoke with him and that any disclosure of certain information in the warrant records would impede the investigation."
In particular, the judge wrote that investigators want to locate a removable media component — such as a disc or memory stick — used on the officer's computer, which is one of the missing links in the investigation.
While the judge found no harm in releasing the documents, Zonay decided Tuesday to withhold the officer's name and identifying information until he had a chance to consider arguments made by Rutland attorney Matthew Harnett, who argued in court that his client — the officer under investigation who was identified during the hearing as "John Doe" — would suffer irreparable harm if his name was included.
"The subject matter itself is dynamite — the most stigmatizing of all types of charges. Once published, his reputation would be ruined," Harnett said, adding that his client has not been charged with a crime.
But the Herald's attorney, Robert Hemley of Gravel & Shea in Burlington, said the public interest in a transparent government and judicial system outweighed the privacy interests of John Doe.
"The public has a big interest in knowing what the operations of the police are," he said. "How are we to monitor the operations of the government? We need the press to inform us about both sides."
Zonay said he would issue a decision after considering the arguments.
Less than a week after The Rutland Herald asked for the warrant, which was executed at the city police department in September, Judge Thomas Zonay followed through Tuesday with his order to make the contents public while withholding the officer's name to consider a pending motion that his identity be permanently sealed.
What Zonay did release revealed a state police investigation overseen by the Attorney General's office which began in August, after technicians working on a laptop issued to the unidentified officer found images of what appeared to be child pornography.
The officer told computer technicians in the department that he was searching online for information about hidden cameras and police videos when pornographic images began "popping up" on the machine, which stopped working altogether soon thereafter, according to state police Detective Sgt. Jason Letourneau. The officer under investigation told police the incident occurred while he was on duty.
Further analysis of the computer revealed 150 possible images of child pornography, Letourneau wrote, which were all added to the computer in a 13-minute time span on July 23. The detective said he also found more than 100 pornographic files of adult subjects.
In a search of the officer's desktop computer, investigators found more cause for concern, including files created for a media player that seem to refer to children's ages through characters such as Y11 YRLD and Y11 next to sexually explicit labels.
In an interview with state police, the city officer under investigation at first said he was simply researching clip-on video cameras for use in the field when pornographic images began swamping his computer.
But Letourneau said he and another investigator didn't believe that account.
"We further explained that the evidence collected during the examination of the computer clearly reveals that he visited pornographic Web sites, that they did not just pop up on his screen," he wrote. "(The officer) then told us that he may have clicked on a few adult pornographic Web sites not knowing they were pornographic Web sites. We again explained that the titles of the Web sites he visited were clearly pornographic by the titles alone."
Letourneau wrote that the officer eventually admitted to purposely visiting the pornographic sites, but he told investigators the visits were for research into the clip-on cameras he was seeking — not to view pornographic material.
"He said he visited the pornographic Web site to see what type of cameras they used," the detective wrote. "He later advised he also wanted to see what angle the cameras were used and the quality of the images/videos."
A search warrant executed at the department on Sept. 22 seized evidence from the officer's desk, locker and other belongings at the department.
Among other things, police seized a rack of 20 pornographic DVDs, four VHS tapes listed with pornographic titles, three DVDs identified as "teen porn" and a DVD titled "midget porn."
Since the warrant was executed no charges have been brought, but Assistant Attorney General John Treadwell said Tuesday the criminal investigation is continuing.
Treadwell argued last week against the Herald's request to unseal the search warrant, which was closed to the public upon its return to Orleans District Court on Sept. 29.
In the information released by the court on Tuesday, Zonay said Treadwell argued in a written motion and in a closed-door hearing on Feb. 3 that releasing the contents of the warrant would jeopardize the criminal investigation.
"The state asserted that the investigation is ongoing and that investigators have continued to interview individuals with knowledge of the matter as well as to investigate the suspect's home Internet use," Zonay wrote. "(Treadwell) further sets forth that the state has attempted to obtain probable cause to obtain additional warrants. It also asserts the investigators wish to again speak with the suspect concerning the findings they made since they last spoke with him and that any disclosure of certain information in the warrant records would impede the investigation."
In particular, the judge wrote that investigators want to locate a removable media component — such as a disc or memory stick — used on the officer's computer, which is one of the missing links in the investigation.
While the judge found no harm in releasing the documents, Zonay decided Tuesday to withhold the officer's name and identifying information until he had a chance to consider arguments made by Rutland attorney Matthew Harnett, who argued in court that his client — the officer under investigation who was identified during the hearing as "John Doe" — would suffer irreparable harm if his name was included.
"The subject matter itself is dynamite — the most stigmatizing of all types of charges. Once published, his reputation would be ruined," Harnett said, adding that his client has not been charged with a crime.
But the Herald's attorney, Robert Hemley of Gravel & Shea in Burlington, said the public interest in a transparent government and judicial system outweighed the privacy interests of John Doe.
"The public has a big interest in knowing what the operations of the police are," he said. "How are we to monitor the operations of the government? We need the press to inform us about both sides."
Zonay said he would issue a decision after considering the arguments.
Tuesday, February 09, 2010
Officer Leslie Brown Sentenced for Stalking Former Lover
A Cumberland County judge this afternoon imposed an 8- to 23-month prison term, plus 10 years of probation, on a former Harrisburg police officer who pleaded guilty to repeatedly stalking a former lover.
Judge Albert H. Masland sentenced Leslie Brown, 40, of Hampden Township, after Brown also admitted to violating a protection from abuse order the man had secured barring her from contacting him. While admitting to the stalking and protection order violations, Brown, who quit the city force in 2008 after 13 years of service, insisted she is a victim of lies and "legal blackmail."
Brown spent three months in prison last year for violating the protection order.
Judge Albert H. Masland sentenced Leslie Brown, 40, of Hampden Township, after Brown also admitted to violating a protection from abuse order the man had secured barring her from contacting him. While admitting to the stalking and protection order violations, Brown, who quit the city force in 2008 after 13 years of service, insisted she is a victim of lies and "legal blackmail."
Brown spent three months in prison last year for violating the protection order.
Deputy Sgt. John Michael Keane II Arrested for Robbing Bank
On Tuesday afternoon, police in Chesapeake, VA, arrested Sgt. John Michael Keane II, 32, he is accused of robbing a bank in the same city where he works as a deputy sheriff.
According to a statement released by the police, at 2:10 p.m., Sgt. Keane entered the BB&T bank on Volvo Parkway and handed a bag to a teller “implying that he was conducting a bank robbery.”
The teller complied, stuffing the bag with money and handed it back. The robber then fled the scene in a red car.
Shortly thereafter, a Chesapeake K-9 officer spotted a car matching the description of the getaway vehicle. Another officer pulled over the Mercury Sable driven by Keane.
Police claim to have found evidence in Keane’s car, linking him to the robbery.
Keane has been a deputy with the Chesapeake Sheriff’s Office since 1998. He was promoted to the rank of Sergeant in July 2008, and supervised intake operations at the Chesapeake Correctional Center.
According to Sheriff’s Office spokesman, Sgt. David Rosado, Keane has been suspended with pay pending the outcome of the robbery investigation.
According to a statement released by the police, at 2:10 p.m., Sgt. Keane entered the BB&T bank on Volvo Parkway and handed a bag to a teller “implying that he was conducting a bank robbery.”
The teller complied, stuffing the bag with money and handed it back. The robber then fled the scene in a red car.
Shortly thereafter, a Chesapeake K-9 officer spotted a car matching the description of the getaway vehicle. Another officer pulled over the Mercury Sable driven by Keane.
Police claim to have found evidence in Keane’s car, linking him to the robbery.
Keane has been a deputy with the Chesapeake Sheriff’s Office since 1998. He was promoted to the rank of Sergeant in July 2008, and supervised intake operations at the Chesapeake Correctional Center.
According to Sheriff’s Office spokesman, Sgt. David Rosado, Keane has been suspended with pay pending the outcome of the robbery investigation.
Memphis Officer Accused of Raping 17-year-old
A Memphis police officer has been accused of raping a 17-year-old high school student.
According to Memphis police spokesperson Alyssa Moore, MPD officers who were assigned to Fairley High School reported the rape of a 17-year-old student, February 5, 2010.
Investigators say the rape was reported to have happened sometime before Feb. 5, away from the school and a Memphis police officer is said to be the suspect.
Moore says the investigation is ongoing and the identities of the victim and suspect cannot be released at this time.
The Memphis Police Department’s Sex Crimes Bureau and Inspectional Services Bureau are conducting the investigation.
According to Memphis police spokesperson Alyssa Moore, MPD officers who were assigned to Fairley High School reported the rape of a 17-year-old student, February 5, 2010.
Investigators say the rape was reported to have happened sometime before Feb. 5, away from the school and a Memphis police officer is said to be the suspect.
Moore says the investigation is ongoing and the identities of the victim and suspect cannot be released at this time.
The Memphis Police Department’s Sex Crimes Bureau and Inspectional Services Bureau are conducting the investigation.
Officer On Leave After Shooting At Woman
A police officer who fired his gun at a woman as she drove by him in her SUV has been placed on administrative leave.
Barbara E. Henry, 59, of Sunrise, suffered cuts and bruises from the shattering glass of her vehicle’s window, but the bullet did not strike her.
“I was on my way to work and drove slowly past all the police, who had their lights flashing,” said Henry, a nursing assistant. “I heard a loud bang, and glass flew all over me. I was bleeding, and thought I was shot. The police dragged me out of the car, threw me on the ground, and handcuffed me.”
Henry has not been charged with a crime.
Plantation police officer Miguel Lopez has been placed on paid administrative leave pending the outcome of an investigation into the Monday, Feb. 8 incident.
Sunrise Police spokesman Lt. Brian Gerity said Henry refused the officer’s command to stop, then hit him with her vehicle as she tried to avoid a check point, according to published reports. That’s when Lopez responded by firing one shot at her through the driver’s side window.
Here’s what happened, according to police:
Plantation police had chased two alleged purse snatching suspects into neighboring Sunrise, and set up a network of officers to catch the suspects in the area of the 6100 block of West Sunrise Boulevard. Sunrise police joined the effort to locate the suspects. Lopez was manning a perimeter point on Sunset Strip, near West Sunrise Boulevard. Henry was driving south on Sunset Strip on her way to work at around 10:30 p.m. when she came upon the operation.
“I was driving slow, because I thought there was an accident. The next thing I know, I heard this loud bang,” Henry explained.
Plantation police referred all calls about the incident to the Sunrise Police Department.
“I’ve been directed to forward all inquiries to the city of Sunrise, which is unusual, but they are handling the investigation,” Plantation police spokesman Robert Rettig said.
Sunrise police did not immediately respond to calls and emails from the South Florida Times.
Henry disputes the police version. She said she has no criminal record, and has never been arrested. She said she did not hit or try to avoid anyone at the scene.
“I was screaming and telling them, ‘I am a nurse and I’m on my way to work,’ but they told me I was shot by mistaken identity,” she said.
Henry said paramedics were called, and they rushed her to the hospital, where police seized her cell phone. The 1999 Ford Explorer SUV she was driving was impounded, but was released on Wednesday.
Henry’s attorney said he is filing records requests, and will begin an effort to obtain surveillance video footage from nearby businesses.
“My client was shot at, and for no apparent reason,” said attorney Johnny McCray Jr. “She did not hit anyone, and the shot was fired through the driver’s side window, which raises a lot of other questions why shots were fired in the first place.”
Henry was treated for cuts and bruises at Plantation General Hospital and released.
She said she is having nightmares about the shooting.
“I’m traumatized,” she said. “I can’t sleep, and it’s all I think about.”
Barbara E. Henry, 59, of Sunrise, suffered cuts and bruises from the shattering glass of her vehicle’s window, but the bullet did not strike her.
“I was on my way to work and drove slowly past all the police, who had their lights flashing,” said Henry, a nursing assistant. “I heard a loud bang, and glass flew all over me. I was bleeding, and thought I was shot. The police dragged me out of the car, threw me on the ground, and handcuffed me.”
Henry has not been charged with a crime.
Plantation police officer Miguel Lopez has been placed on paid administrative leave pending the outcome of an investigation into the Monday, Feb. 8 incident.
Sunrise Police spokesman Lt. Brian Gerity said Henry refused the officer’s command to stop, then hit him with her vehicle as she tried to avoid a check point, according to published reports. That’s when Lopez responded by firing one shot at her through the driver’s side window.
Here’s what happened, according to police:
Plantation police had chased two alleged purse snatching suspects into neighboring Sunrise, and set up a network of officers to catch the suspects in the area of the 6100 block of West Sunrise Boulevard. Sunrise police joined the effort to locate the suspects. Lopez was manning a perimeter point on Sunset Strip, near West Sunrise Boulevard. Henry was driving south on Sunset Strip on her way to work at around 10:30 p.m. when she came upon the operation.
“I was driving slow, because I thought there was an accident. The next thing I know, I heard this loud bang,” Henry explained.
Plantation police referred all calls about the incident to the Sunrise Police Department.
“I’ve been directed to forward all inquiries to the city of Sunrise, which is unusual, but they are handling the investigation,” Plantation police spokesman Robert Rettig said.
Sunrise police did not immediately respond to calls and emails from the South Florida Times.
Henry disputes the police version. She said she has no criminal record, and has never been arrested. She said she did not hit or try to avoid anyone at the scene.
“I was screaming and telling them, ‘I am a nurse and I’m on my way to work,’ but they told me I was shot by mistaken identity,” she said.
Henry said paramedics were called, and they rushed her to the hospital, where police seized her cell phone. The 1999 Ford Explorer SUV she was driving was impounded, but was released on Wednesday.
Henry’s attorney said he is filing records requests, and will begin an effort to obtain surveillance video footage from nearby businesses.
“My client was shot at, and for no apparent reason,” said attorney Johnny McCray Jr. “She did not hit anyone, and the shot was fired through the driver’s side window, which raises a lot of other questions why shots were fired in the first place.”
Henry was treated for cuts and bruises at Plantation General Hospital and released.
She said she is having nightmares about the shooting.
“I’m traumatized,” she said. “I can’t sleep, and it’s all I think about.”
Officer Maynard Richardson Arrested for Attempted Sexual Assault
A Des Moines police officer's attempted sexual assault of a woman last week occurred in an industrial area about two miles from where the officer initially met the woman when responding to a call, police said on Monday.
Police said the officer removed none of his clothing, nor was any clothing removed from the woman during the incident.
Officer Maynard Richardson, 35, was arrested Friday on a charge of assault with intent to commit sexual abuse without causing injury and nonfelonious misconduct.
He is accused of attacking a 22-year-old woman in his patrol car while on duty and in uniform.
Police on Monday responded to requests for more information about the alleged assault and the officer's conduct:
• A recording of the woman's 911 call to police that was placed about 6:40 a.m. Friday was made public. In that call, the woman tearfully reported that she had been assaulted by a police officer. She identified Richardson by name. She said that she had not been injured.
The woman asked to have a female officer sent to her location to file the report and said that she feared her name would be disclosed.
The Des Moines Register does not identify sexual assault victims without their consent.
• Richardson initially responded to a call about a fight at an apartment complex at 1414 E. Ninth St. at 3:10 a.m. Friday, police said. Richardson did not file a police report on the fight, however.
• Through the course of that call, Richardson came in contact with the woman. Police said the woman entered the officer's patrol car, but was not under arrest or placed in handcuffs. Police said that Richardson did not know the victim.
• The alleged assault came between 3:10 and 5 a.m. Friday near 1800 E. Euclid Ave. The area is warehouse district, west of the Interstate Highway 235 and Euclid interchange.
Criminal charges were filed Monday in Polk County District Court accusing Richardson, a patrolman since December 2008, of the two charges. His initial court appearance was set for 1 p.m. on Feb. 15.
The attempted sexual abuse charge is an aggravated misdemeanor punishable by up to two years in prison.
The misconduct charge is a serious misdemeanor punishable by up to one year in jail.
On Monday, Police Capt. Randy Dawson and Sgt. Lori Lavorato, the department's spokeswoman, declined to provide much more detail, saying that an internal investigation was continuing.
Police declined Monday to release a supplemental report to the initial report filed last week by police, even though police commonly provide a narrative outlining the circumstances of alleged crimes.
That narrative, among other things, could answer more specifically why the woman got in the patrol car, why police were called to the East Ninth Street location and what other people were involved in the initial incident.
"We are not going to get into what actions he took and what actions she took," Dawson said.
But Lavorato said that police investigators believe that what happened "was not consensual."
"We believe he forced himself on her," Lavorato said.
Asked for specifics about what Richardson is accused of doing, the officers said only that his verbal and physical actions brought investigators to the charge of assault with intent to commit sexual abuse.
Robert Rigg, director of the Drake University Criminal Defense Clinic, said the elements necessary for proving assault with intent to commit sexual abuse do not require a physical act, though that can be the case.
"This kind of charge is valid when there is an act that is taken to cause pain or injury or which is intended to result in physical contact that would be insulting or offensive coupled with the ability to do so," Rigg said.
As a result, Rigg said that any person who would touch a person or intended to touch a person in an insulting or offensive manner would be considered to have committed an assault.
Richardson, who is paid $52,166 a year, was placed on paid administrative leave pending the completion of the department's internal investigation.
Police on Friday announced Richardson's arrest. Police Chief Judy Bradshaw said the charges against Richardson should not be considered to tarnish the department's reputation in the community.
Police said the officer removed none of his clothing, nor was any clothing removed from the woman during the incident.
Officer Maynard Richardson, 35, was arrested Friday on a charge of assault with intent to commit sexual abuse without causing injury and nonfelonious misconduct.
He is accused of attacking a 22-year-old woman in his patrol car while on duty and in uniform.
Police on Monday responded to requests for more information about the alleged assault and the officer's conduct:
• A recording of the woman's 911 call to police that was placed about 6:40 a.m. Friday was made public. In that call, the woman tearfully reported that she had been assaulted by a police officer. She identified Richardson by name. She said that she had not been injured.
The woman asked to have a female officer sent to her location to file the report and said that she feared her name would be disclosed.
The Des Moines Register does not identify sexual assault victims without their consent.
• Richardson initially responded to a call about a fight at an apartment complex at 1414 E. Ninth St. at 3:10 a.m. Friday, police said. Richardson did not file a police report on the fight, however.
• Through the course of that call, Richardson came in contact with the woman. Police said the woman entered the officer's patrol car, but was not under arrest or placed in handcuffs. Police said that Richardson did not know the victim.
• The alleged assault came between 3:10 and 5 a.m. Friday near 1800 E. Euclid Ave. The area is warehouse district, west of the Interstate Highway 235 and Euclid interchange.
Criminal charges were filed Monday in Polk County District Court accusing Richardson, a patrolman since December 2008, of the two charges. His initial court appearance was set for 1 p.m. on Feb. 15.
The attempted sexual abuse charge is an aggravated misdemeanor punishable by up to two years in prison.
The misconduct charge is a serious misdemeanor punishable by up to one year in jail.
On Monday, Police Capt. Randy Dawson and Sgt. Lori Lavorato, the department's spokeswoman, declined to provide much more detail, saying that an internal investigation was continuing.
Police declined Monday to release a supplemental report to the initial report filed last week by police, even though police commonly provide a narrative outlining the circumstances of alleged crimes.
That narrative, among other things, could answer more specifically why the woman got in the patrol car, why police were called to the East Ninth Street location and what other people were involved in the initial incident.
"We are not going to get into what actions he took and what actions she took," Dawson said.
But Lavorato said that police investigators believe that what happened "was not consensual."
"We believe he forced himself on her," Lavorato said.
Asked for specifics about what Richardson is accused of doing, the officers said only that his verbal and physical actions brought investigators to the charge of assault with intent to commit sexual abuse.
Robert Rigg, director of the Drake University Criminal Defense Clinic, said the elements necessary for proving assault with intent to commit sexual abuse do not require a physical act, though that can be the case.
"This kind of charge is valid when there is an act that is taken to cause pain or injury or which is intended to result in physical contact that would be insulting or offensive coupled with the ability to do so," Rigg said.
As a result, Rigg said that any person who would touch a person or intended to touch a person in an insulting or offensive manner would be considered to have committed an assault.
Richardson, who is paid $52,166 a year, was placed on paid administrative leave pending the completion of the department's internal investigation.
Police on Friday announced Richardson's arrest. Police Chief Judy Bradshaw said the charges against Richardson should not be considered to tarnish the department's reputation in the community.
Monday, February 08, 2010
Sgt Hector Roa Accused of Pulling Gun on Bar Workers
An off-duty police officer is accused of hitting two bar workers and pulling a gun on them because they refused to let him back inside after closing.
Sgt. Hector Roa, 37, was charged Sunday with two counts of aggravated assault, Dallas police said. Police said Roa, a 14-year veteran currently assigned to central patrol, has been placed on administrative leave pending criminal and administrative investigations.
Matthew Kirchmeyer, a bouncer at the bar, said they were closing about 2 a.m. Sunday when Roa, who had been at the bar, tried to get back inside. He said Roa was in plain clothes and didn't identify himself as a police officer.
"He kind of tried to muscle his way back inside," Kirchmeyer told The Dallas Morning News. Kirchmeyer said that when he and the bar owner would not let Roa in, Roa hit both of them.
"I pushed him to the ground," Kirchmeyer said.
He said Roa then pulled a gun out of his waistband.
"When I saw the gun, I started hightailing it," Kirchmeyer said. "I was yelling at the top of my lungs, 'Put the gun up!' Police across the street heard."
Officers saw Roa chasing Kirchmeyer around a car with a gun in his hand, police said. When the officers told Roa to drop his weapon, he identified himself as an officer and surrendered.
Roa told the officers he was upset because Kirchmeyer had called him a racial slur. Kirchmeyer denied calling Roa a racial slur.
"The extent of the conversation was, 'You can't come in, we're closed,' " he said. "He's trying to cover up for the fact that he was drunk and pulled a gun on somebody."
Roa could not immediately be reached for comment Monday. A working home phone number for Roa could not be found.
Senior Cpl. Teena Schultz, Roa's partner for two years in Operation Disruption, a high-profile task force whose officers responded to high-crime areas across the city, said that she was shocked by the arrest.
"He's got a great character," Schultz said. "He loves being an officer. He's above this. I'm interested to hear the whole story to find out what led up to this."
___
Information from: The Dallas Morning News, http://www.dallasnews.com
Sgt. Hector Roa, 37, was charged Sunday with two counts of aggravated assault, Dallas police said. Police said Roa, a 14-year veteran currently assigned to central patrol, has been placed on administrative leave pending criminal and administrative investigations.
Matthew Kirchmeyer, a bouncer at the bar, said they were closing about 2 a.m. Sunday when Roa, who had been at the bar, tried to get back inside. He said Roa was in plain clothes and didn't identify himself as a police officer.
"He kind of tried to muscle his way back inside," Kirchmeyer told The Dallas Morning News. Kirchmeyer said that when he and the bar owner would not let Roa in, Roa hit both of them.
"I pushed him to the ground," Kirchmeyer said.
He said Roa then pulled a gun out of his waistband.
"When I saw the gun, I started hightailing it," Kirchmeyer said. "I was yelling at the top of my lungs, 'Put the gun up!' Police across the street heard."
Officers saw Roa chasing Kirchmeyer around a car with a gun in his hand, police said. When the officers told Roa to drop his weapon, he identified himself as an officer and surrendered.
Roa told the officers he was upset because Kirchmeyer had called him a racial slur. Kirchmeyer denied calling Roa a racial slur.
"The extent of the conversation was, 'You can't come in, we're closed,' " he said. "He's trying to cover up for the fact that he was drunk and pulled a gun on somebody."
Roa could not immediately be reached for comment Monday. A working home phone number for Roa could not be found.
Senior Cpl. Teena Schultz, Roa's partner for two years in Operation Disruption, a high-profile task force whose officers responded to high-crime areas across the city, said that she was shocked by the arrest.
"He's got a great character," Schultz said. "He loves being an officer. He's above this. I'm interested to hear the whole story to find out what led up to this."
___
Information from: The Dallas Morning News, http://www.dallasnews.com
Saturday, February 06, 2010
Officer Thomas Fees Suspended for Brandishing Weapon at Bar
Officer Thomas Fees, 32, was booked into the Tulsa Jail on complaints of pointing a dangerous weapon and carrying a firearm while intoxicated.
Management at Oscar’s Gastro Pub, 1738 S. Boston Ave., said Fees was drinking cocktails at the bar when, at about 1:15 a.m. Saturday, he began grabbing a woman. After being repeatedly asked by the woman’s boyfriend to stop, the officer cursed at the man and identified himself as a police officer, witnesses said.
An argument ensued between the officer and the woman’s boyfriend, management said, and security guards asked Fees to leave multiple times before forcing him out.
Once outside, the officer reportedly drew his gun and pointed it at one of the security guards, a black man.
The officer then told patrons, “If you don’t move, I’ll kill that n-----,” witnesses said.
Management said the officer then went to Mercury Lounge, a bar across the street, where he was subsequently arrested by Tulsa police.
Capt. Karen Tipler said Saturday night that Fees is on paid suspension pending further investigation.
Corrections Officer Sgt. Todd Posch Arrested for False Reports
A corrections officer at High Desert State Prison in Susanville was arrested by the Plumas County Sheriff's Office Thursday on suspicion of filing two false police reports.
The suspect, Sgt. Todd Posch, was later cited and released and the case has been forwarded to the Plumas County District Attorney.
Sheriff's investigators said claims by Posch he had been struck by a vehicle early Wednesday morning while walking in front of his Greenville home proved to be false. After calling 9-1-1, Posch was transported to a local hospital where he was treated for injuries that officials said were self-inflicted.
Under questioning, Posch also reportedly confessed to fabricating a report he made March 27, 2009, stating he had been attacked by up to three men at a highway rest stop near Canyon Dam.
Posch was on his way to work and was in uniform, but was driving his private vehicle. Investigators said Posch claimed he was jumped by between one and three men. Corrections officials said at the time Posch had received a "vicious beating."
Sheriff's investigator Bill Elliott said injuries in that incident were also self-inflicted. Posch reportedly drove himself to a hospital, where he was treated for cuts, apparent stab wounds and broken ribs.
The alleged attack touched off a manhunt in the area for possible suspects, who may have been in a brown sport utility vehicle. Retaliation by former prisoners was considered as a possible motive.
He has not returned to work, but an administrative assistant to the warden said it is the officer's decision, and is due to his medical condition.
Prison spokesman John Boitano said corrections officials plan no action against the guard until the Plumas County Sheriff's Office and District Attorney complete their investigations.
Boitano said Posch has been a corrections officer at High Desert since the late 1990s. He said everyone who knows and has worked with Posch is thoroughly surprised by the allegations.
The suspect, Sgt. Todd Posch, was later cited and released and the case has been forwarded to the Plumas County District Attorney.
Sheriff's investigators said claims by Posch he had been struck by a vehicle early Wednesday morning while walking in front of his Greenville home proved to be false. After calling 9-1-1, Posch was transported to a local hospital where he was treated for injuries that officials said were self-inflicted.
Under questioning, Posch also reportedly confessed to fabricating a report he made March 27, 2009, stating he had been attacked by up to three men at a highway rest stop near Canyon Dam.
Posch was on his way to work and was in uniform, but was driving his private vehicle. Investigators said Posch claimed he was jumped by between one and three men. Corrections officials said at the time Posch had received a "vicious beating."
Sheriff's investigator Bill Elliott said injuries in that incident were also self-inflicted. Posch reportedly drove himself to a hospital, where he was treated for cuts, apparent stab wounds and broken ribs.
The alleged attack touched off a manhunt in the area for possible suspects, who may have been in a brown sport utility vehicle. Retaliation by former prisoners was considered as a possible motive.
He has not returned to work, but an administrative assistant to the warden said it is the officer's decision, and is due to his medical condition.
Prison spokesman John Boitano said corrections officials plan no action against the guard until the Plumas County Sheriff's Office and District Attorney complete their investigations.
Boitano said Posch has been a corrections officer at High Desert since the late 1990s. He said everyone who knows and has worked with Posch is thoroughly surprised by the allegations.
Officer Stephen Commander Jr Charged with Breaking Into Home
Police Chief Jose Lopez Sr. said he is "disappointed" by the arrest of a Durham police officer on break-in charges, the third in a series of embarrassments for the Durham Police Department.
Wake County sheriff's deputies charged Stephen Patrick Commander Jr., 31, of Oxford, with breaking into a Wake County home and telling the people there that a person he was seeking would be dead by the end of the day if they did not reveal his whereabouts.
Commander has been charged with one felony count each of breaking and entering, and extortion, according to an arrest warrant filed at the Wake County Clerk of Courts Office.
Investigators have accused Commander of breaking into a residence at 16113 New Light Road in Wake Forest on Jan. 27. Two people, Kimberly Ann Morgan and Harvey Curtis, were inside the home. They told Wake investigators that Commander announced he was looking for Nazareth Hurst and that they "better tell me where Nazareth is or he will be dead by the end of the day," according to the arrest warrant.
Commander turned himself in to Wake deputies without incident on Jan. 29, according to Phyllis Stephens, a Wake County Sheriff's Office spokeswoman. He was released from custody after posting $3,000 bail and ordered to have no contact with the people who were in the home, court records show.
Durham police spokeswoman Kammie Michael said Commander was not on duty, nor was his search for Hurst part of any police investigation.
Commander made his first court appearance Tuesday in Wake County District Court. His case was continued until Feb. 23.
"We have no comment at this time," Logan Howell, Commander's attorney, said Wednesday.
Durham Police Chief Jose Lopez issued a statement Wednesday saying he was "deeply disappointed" by the recent arrests of Commander and a former Durham officer, Sherrod Peace. The are 496 officers total with the Durham Police Department.
Peace, a 35-year-old former UNC football player, was indicted by a federal grand jury last week on weapons and drug violations after he was charged Dec. 21 with distributing less than 5 grams of crack cocaine and possessing a .45-caliber handgun.
Michael said Commander joined the Durham department in January 2007. He works as a patrol officer and earns an annual salary of $38,850. He is still employed with the department pending an investigation by the department's professional standards and criminal investigation divisions, which is standard policy when an officer has been criminally charged. Michael declined to say whether Commander was actively on patrol.
Commander, reached by phone Wednesday, said he wanted to talk about the incident but had been advised not to comment.
"I wish I could, but I can't," he said.
Both arrests follow a high-profile overtime scandal that cost Deputy Police Chief B.J. Council her job when an officer she supervised claimed $62,000 in extra pay.
Alesha Robinson-Taylor, 39, oversaw the system that assigned officers off-duty work. She claimed 1,837 hours of overtime from September 2008 to August 31, making $62,000 in extra pay. Her salary was $52,665.90.
Robinson-Taylor was fired in October after an anonymous e-mail tipped off city officials to the overtime excess. An audit and investigation found Council not only knew about the overtime as early as last fall, but then assumed responsibility for approving Robinson-Taylor's extra hours. Council took personal leave until she retired on Dec. 31.
City officials have said they're looking to recover about $45,000 that was paid to Robinson-Taylor, who joined the department in 1997.
The investigation is now in the hands of the State Bureau of Investigation.
Wake County sheriff's deputies charged Stephen Patrick Commander Jr., 31, of Oxford, with breaking into a Wake County home and telling the people there that a person he was seeking would be dead by the end of the day if they did not reveal his whereabouts.
Commander has been charged with one felony count each of breaking and entering, and extortion, according to an arrest warrant filed at the Wake County Clerk of Courts Office.
Investigators have accused Commander of breaking into a residence at 16113 New Light Road in Wake Forest on Jan. 27. Two people, Kimberly Ann Morgan and Harvey Curtis, were inside the home. They told Wake investigators that Commander announced he was looking for Nazareth Hurst and that they "better tell me where Nazareth is or he will be dead by the end of the day," according to the arrest warrant.
Commander turned himself in to Wake deputies without incident on Jan. 29, according to Phyllis Stephens, a Wake County Sheriff's Office spokeswoman. He was released from custody after posting $3,000 bail and ordered to have no contact with the people who were in the home, court records show.
Durham police spokeswoman Kammie Michael said Commander was not on duty, nor was his search for Hurst part of any police investigation.
Commander made his first court appearance Tuesday in Wake County District Court. His case was continued until Feb. 23.
"We have no comment at this time," Logan Howell, Commander's attorney, said Wednesday.
Durham Police Chief Jose Lopez issued a statement Wednesday saying he was "deeply disappointed" by the recent arrests of Commander and a former Durham officer, Sherrod Peace. The are 496 officers total with the Durham Police Department.
Peace, a 35-year-old former UNC football player, was indicted by a federal grand jury last week on weapons and drug violations after he was charged Dec. 21 with distributing less than 5 grams of crack cocaine and possessing a .45-caliber handgun.
Michael said Commander joined the Durham department in January 2007. He works as a patrol officer and earns an annual salary of $38,850. He is still employed with the department pending an investigation by the department's professional standards and criminal investigation divisions, which is standard policy when an officer has been criminally charged. Michael declined to say whether Commander was actively on patrol.
Commander, reached by phone Wednesday, said he wanted to talk about the incident but had been advised not to comment.
"I wish I could, but I can't," he said.
Both arrests follow a high-profile overtime scandal that cost Deputy Police Chief B.J. Council her job when an officer she supervised claimed $62,000 in extra pay.
Alesha Robinson-Taylor, 39, oversaw the system that assigned officers off-duty work. She claimed 1,837 hours of overtime from September 2008 to August 31, making $62,000 in extra pay. Her salary was $52,665.90.
Robinson-Taylor was fired in October after an anonymous e-mail tipped off city officials to the overtime excess. An audit and investigation found Council not only knew about the overtime as early as last fall, but then assumed responsibility for approving Robinson-Taylor's extra hours. Council took personal leave until she retired on Dec. 31.
City officials have said they're looking to recover about $45,000 that was paid to Robinson-Taylor, who joined the department in 1997.
The investigation is now in the hands of the State Bureau of Investigation.
Homeless Man Claims Deputies Used Excessive Force
A homeless man's attorney said surveillance video shows deputies used excessive force in his arrest.
Gerald McGovern, 58, has been arrested no fewer than 69 times, but this time he insists it is different. He said on Dec. 2 when he was approached by an undercover BSO deputy, he did not attack them as charged, instead they attacked him.
The public defenders office said the surveillance video clears McGovern and implicates BSO. "I don't believe someone who was falsely accused, as the evidence is going to show with great weight, should be incarcerated just because they're homeless and they're indigent," Defense Attorney Celine Abram-Schmitt said.
A witness, Roberto Aguilara backs up McGoverns claim. "They come on top of him to beat, and they kept hitting and hitting and hitting. I think it's a long time, around two minutes," said Aguilara.
Now, McGovern wants to be released without posting $1,500 bond, which he does not have because he is homeless.
Because the public defender released the video to Channel 7, the sheriff is furious. "I know it's his job to defend the people that he represents, but it's also my job to investigate or to make sure that deputies are acting appropriately. I can't do that if I'm going to get blind-sided or a surprised attack with something like this," sheriff Al Lamberti said.
"My obligation as the public defender is to represent poor people and homeless people, and after being in the court system for over 30 years, it has become clear, to almost anybody who is in the court system, that the police can not and will not police themselves unless they know the whole community is watching," said public defender Howard Finkelstein.
In court Friday, the deputies testified that things escalated and it turned into a violent arrest.
The judge ruled that he will let the pre-trial release committee interview McGovern and decide if he should be released through that program.
Gerald McGovern, 58, has been arrested no fewer than 69 times, but this time he insists it is different. He said on Dec. 2 when he was approached by an undercover BSO deputy, he did not attack them as charged, instead they attacked him.
The public defenders office said the surveillance video clears McGovern and implicates BSO. "I don't believe someone who was falsely accused, as the evidence is going to show with great weight, should be incarcerated just because they're homeless and they're indigent," Defense Attorney Celine Abram-Schmitt said.
A witness, Roberto Aguilara backs up McGoverns claim. "They come on top of him to beat, and they kept hitting and hitting and hitting. I think it's a long time, around two minutes," said Aguilara.
Now, McGovern wants to be released without posting $1,500 bond, which he does not have because he is homeless.
Because the public defender released the video to Channel 7, the sheriff is furious. "I know it's his job to defend the people that he represents, but it's also my job to investigate or to make sure that deputies are acting appropriately. I can't do that if I'm going to get blind-sided or a surprised attack with something like this," sheriff Al Lamberti said.
"My obligation as the public defender is to represent poor people and homeless people, and after being in the court system for over 30 years, it has become clear, to almost anybody who is in the court system, that the police can not and will not police themselves unless they know the whole community is watching," said public defender Howard Finkelstein.
In court Friday, the deputies testified that things escalated and it turned into a violent arrest.
The judge ruled that he will let the pre-trial release committee interview McGovern and decide if he should be released through that program.
Officer Maynard Richardson Charged with Attempted Sexual Assault
A Des Moines police officer was arrested and charged with attempting to sexually assault a woman in his patrol car early Friday, Des Moines Police Chief Judy Bradshaw said.
Police accused Officer Maynard Richardson, 35, of attacking the 22-year-old woman while he was on duty and in uniform.
Richardson faces charges of assault with intent to commit sexual abuse and non-felonious misconduct in office.
"We began an immediate criminal investigation as soon as the allegations were brought to us," Bradshaw said Friday afternoon. "We partnered with the Polk County attorney's office, who was present throughout the investigation."
Richardson, who is paid $52,166 per year, was placed on paid administrative leave pending completion of an internal review of the case.
Richardson posted $3,000 bond and was released from the Polk County Jail Friday night.
Police said the woman was not physically injured.
Police released few details about the incident. Bradshaw declined to describe the type of contact the officer had with the woman.
She would only say that the incident occurred within the Des Moines city limits and that Richardson had contact with the woman as part of his duties as an officer.
The woman called police to file the complaint at about 6:30 a.m., police said, just as Richardson's patrol shift was ending.
Richardson was detained while authorities looked into the complaint. They eventually arrested him and took him to jail, where he was booked at 5:55 p.m. Friday.
The incident occurred sometime between midnight and 6:30 a.m., said Sgt. Lori Lavorato, a Des Moines police spokeswoman.
The woman is not believed to have been involved in a crime and was not on a supervised ride-along with the officer, Lavorato said.
Police believe Richardson did not know the woman before Friday's incident, Bradshaw said.
Police initially released her age as 19 but later revised it to 22. The reason for the discrepancy was not clear.
Richardson served a two-day suspension for inappropriate comments and conduct in 2009, but Bradshaw declined to offer details, citing the privacy of employee records.
Bradshaw emphasized that Richardson's alleged conduct in the incident Friday should not besmirch the reputation of Des Moines police.
"This is an anomaly," Bradshaw said. "In the 30 plus years I have been with this department, we've never seen anything like this. It's not reflective of the extraordinary police work that are out there working ... for the citizens of Des Moines trying to do the right thing."
Beyond the criminal charges, Richardson will face review by police administrators that could result in his termination from the department. Bradshaw said the department's professional standards team will begin its investigation next week.
Richardson's 2006 application for a military tax credit on his Johnston home states he served in the military from March 1994 to December 2000.
He applied for a marriage license with Heather Kephart in November 2004, according to Polk County records.
Richardson graduated from the Des Moines police academy on July 14, 2008, and joined the state's largest police force in December 2008.
A Polk County court determined Richardson was the father of a child born in February 1997 to another woman.
Richardson was ordered to pay $408 per month in child support in September 2008, shortly before he started with the Des Moines police, Iowa court records show.
Police accused Officer Maynard Richardson, 35, of attacking the 22-year-old woman while he was on duty and in uniform.
Richardson faces charges of assault with intent to commit sexual abuse and non-felonious misconduct in office.
"We began an immediate criminal investigation as soon as the allegations were brought to us," Bradshaw said Friday afternoon. "We partnered with the Polk County attorney's office, who was present throughout the investigation."
Richardson, who is paid $52,166 per year, was placed on paid administrative leave pending completion of an internal review of the case.
Richardson posted $3,000 bond and was released from the Polk County Jail Friday night.
Police said the woman was not physically injured.
Police released few details about the incident. Bradshaw declined to describe the type of contact the officer had with the woman.
She would only say that the incident occurred within the Des Moines city limits and that Richardson had contact with the woman as part of his duties as an officer.
The woman called police to file the complaint at about 6:30 a.m., police said, just as Richardson's patrol shift was ending.
Richardson was detained while authorities looked into the complaint. They eventually arrested him and took him to jail, where he was booked at 5:55 p.m. Friday.
The incident occurred sometime between midnight and 6:30 a.m., said Sgt. Lori Lavorato, a Des Moines police spokeswoman.
The woman is not believed to have been involved in a crime and was not on a supervised ride-along with the officer, Lavorato said.
Police believe Richardson did not know the woman before Friday's incident, Bradshaw said.
Police initially released her age as 19 but later revised it to 22. The reason for the discrepancy was not clear.
Richardson served a two-day suspension for inappropriate comments and conduct in 2009, but Bradshaw declined to offer details, citing the privacy of employee records.
Bradshaw emphasized that Richardson's alleged conduct in the incident Friday should not besmirch the reputation of Des Moines police.
"This is an anomaly," Bradshaw said. "In the 30 plus years I have been with this department, we've never seen anything like this. It's not reflective of the extraordinary police work that are out there working ... for the citizens of Des Moines trying to do the right thing."
Beyond the criminal charges, Richardson will face review by police administrators that could result in his termination from the department. Bradshaw said the department's professional standards team will begin its investigation next week.
Richardson's 2006 application for a military tax credit on his Johnston home states he served in the military from March 1994 to December 2000.
He applied for a marriage license with Heather Kephart in November 2004, according to Polk County records.
Richardson graduated from the Des Moines police academy on July 14, 2008, and joined the state's largest police force in December 2008.
A Polk County court determined Richardson was the father of a child born in February 1997 to another woman.
Richardson was ordered to pay $408 per month in child support in September 2008, shortly before he started with the Des Moines police, Iowa court records show.
Cpl John Quigg Jr Accused of Drunk Driving
A Pennsylvania State Police accident investigator accused of drunken driving had a nearly empty bottle of vodka between his knees when he was found slumped over his car's steering wheel in December, according to court documents.
Officers said Cpl. John Quigg Jr. was off duty when found in a Honda that had coasted to a stop against the guard rail along Route 422 in Upper Merion just after 9 p.m. Dec. 17. Quigg was not injured and damage to the car was minor, court records said.
Quigg's attorney, Timothy Woodward Sr., said yesterday that the officer's blood-alcohol level was 0.30. A person is considered legally drunk in Pennsylvania when blood alcohol is 0.08 or greater.
District Judge William Maruszczak said Quigg appeared in his King of Prussia court in an unscheduled hearing Wednesday to waive a hearing, and will stand trial. The appearance had been set for yesterday.
Quigg, 48, of Wyndmoor, who helped supervise sobriety checkpoints in the Philadelphia area, was charged with drunken driving, reckless driving, and violating the open-container law.
In an interview yesterday, Woodward portrayed Quigg as a "dedicated, hard-working police officer who made a mistake and deeply regrets it. He's remorseful, and he's doing everything he can to address it."
Woodward said Quigg had completed a 30-day inpatient program at the Caron Treatment Center in Wernersville, Pa.
He said, "I think he should be made to answer like any other citizen for what he's done, but I don't think he should be held to a higher standard, either, just because he's a police officer."
Quigg has spent more than 20 years doing crash reconstruction and investigations from his office at the Belmont Barracks. He is also trained to assess the behavior of drivers under the influence of drugs.
At the time of the incident, Quigg was assigned to the Collision Accident Reconstruction Specialist Unit. The unit reconstructs crashes on major highways and in some municipalities.
Quigg was assigned to a desk job after the December accident and "won't be on the road," a state police spokesperson said.
Officers said Cpl. John Quigg Jr. was off duty when found in a Honda that had coasted to a stop against the guard rail along Route 422 in Upper Merion just after 9 p.m. Dec. 17. Quigg was not injured and damage to the car was minor, court records said.
Quigg's attorney, Timothy Woodward Sr., said yesterday that the officer's blood-alcohol level was 0.30. A person is considered legally drunk in Pennsylvania when blood alcohol is 0.08 or greater.
District Judge William Maruszczak said Quigg appeared in his King of Prussia court in an unscheduled hearing Wednesday to waive a hearing, and will stand trial. The appearance had been set for yesterday.
Quigg, 48, of Wyndmoor, who helped supervise sobriety checkpoints in the Philadelphia area, was charged with drunken driving, reckless driving, and violating the open-container law.
In an interview yesterday, Woodward portrayed Quigg as a "dedicated, hard-working police officer who made a mistake and deeply regrets it. He's remorseful, and he's doing everything he can to address it."
Woodward said Quigg had completed a 30-day inpatient program at the Caron Treatment Center in Wernersville, Pa.
He said, "I think he should be made to answer like any other citizen for what he's done, but I don't think he should be held to a higher standard, either, just because he's a police officer."
Quigg has spent more than 20 years doing crash reconstruction and investigations from his office at the Belmont Barracks. He is also trained to assess the behavior of drivers under the influence of drugs.
At the time of the incident, Quigg was assigned to the Collision Accident Reconstruction Specialist Unit. The unit reconstructs crashes on major highways and in some municipalities.
Quigg was assigned to a desk job after the December accident and "won't be on the road," a state police spokesperson said.
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