Tuesday, February 23, 2010

Officer Jim Torrez Being Investigated in Shooting Death

The Platteville police officer who is being investigated for his role in the shooting death of a 30-year-old man last month was fired from his previous job as Frederick Police Chief.

In 2006, Frederick's town administrator Derek Todd accused Jim Torrez, 50, of using town resources to run his personal firearms-training business, Tactical Skills Institute, according to a Longmont Times-Call article dated June 20, 2006.

Torrez was terminated on March 20, 2006.

In the article, Todd said he cited Torrez with 12 personnel policy violations. He said some of those were related to his business and some were not. Todd did not elaborate on the other citations.

Torrez had been with the Frederick Police Department since 1993, according to the article. In the article, Todd said, "Many of these violations have taken place for many years."

Torrez is now an officer with the Platteville Police Department.

On Jan. 24 of this year, Torrez shot and killed Matt Herrera in a mobile home park in Platteville.

The shooting occurred after a brief car chase. Torrez told police that Herrera tried to run him over with his car, but Herrera's fiancée, who witnessed the shooting, says Herrera did nothing to provoke Torrez.

The Weld County District Attorney has asked a grand jury to review the report and decide if charges against Torrez are warranted.

He is currently on paid administrative leave pending the outcome of the investigation.

Cape Coral Officer Fails to Put Car in Park

A Cape Coral Police Officer responds to a call, gets out of his car, but forgets to put the car in park.

It all started as a disturbance report at the Dek Bar. Witnesses say someone was causing trouble after having one too many drinks. A Cape Coral Police Officer arrived on scene, and soon after, a second came to assist. Witnesses say the second officer got out of his car, closed and locked the door, but there was one little problem - the car was still in drive.

The officer couldn't get back into the car to take control of the wheel, and according to the police report, the runaway cruiser coasted into 4 parked Harley's. Like dominoes, the car collided with bikes 1 and 2, and the momentum from that knocked bikes 1 and 2 into bikes 3 and 4. They all fell onto the blacktop.

Although bar management and witnesses were hesitant to go on camera, one witness sent us several pictures. All four motorcycles had only minor damages, estimated at about $1,000 each, while the damage to the police car is estimated at $500.

The Police Department plans to conduct an administrative review of the incident within the next several days. The city wouldn't give us any more information about the officer.
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Information

Council Overrules Mayor to Discuss Officer Frank Carter's Arrest

Melbourne Mayor Harry Goode made a motion tonight to prevent another discussion about officer Frank Carter, but it was overruled by the council, revealing public discontent over the Melbourne police department, and bitter comments between City Manager Jack Schluckebiar and Council Member Joanne Corby .

When she questioned the Schluckebiar on his promise to investigate how race became an issue in the suspension of officer Frank Carter, the fireworks began.

"I believe I can appropriately assign tasks as I deem appropriate" said the city manager. Corby fired back. "I want to make sure that your lack of management and attention to this matter goes on the record

One month ago, officer Frank Carter was arrested for writing bogus tickets on quote "people of color." But two weeks later, the Melbourne Police department backed off their insinuation Carter was racially profiling.

Since then, the issue of his suspension has motivated Carters supporters to vent their anger at the council.

"Put officer Carter back on the payroll and make the community a better place," said resident Mike Kelly.

Gurdy O'Conner, a young African American woman followed. "Officer Carter has been a good mentor in my life and help me purchase my first car. I've always called him and he's always been there for me."

The Fraternal Order of Police, is accusing Melbourne Police Chief Donald Carey of playing politics against union leaders by insinuating officer Carter was racist, and intimidating officers. The matter is being reviewed by the Seminole county state attorney's office, but it is not a formal investigation.

Melbourne resident Bruce Daufort extolled, "If Chief Carey is wrong about the racism issue, what else is he wrong about? I think the council should look into the police chief."

Dale Davis went a step further. "I'm going to call on the Fraternal Order of Police to hold a vote of no confidence on the chief of police, and I'm going to ask the city manager to suspend him without pay, because he doesn't belong here."
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Previous Post

Lafayette Officer on Leave After Video Shows Him Shaking Girl

The Lafayette Police Department has placed an officer on paid administrative leave after a video surfaced that showed him raising his voice and shaking a girl who was being detained.

The video was posted on CNN’s ireport.com, a site where the public can post their own stories and videos.

The footage was taken Feb. 16, Mardi Gras day, in the downtown Lafayette area and showed several officers handling an incident involving several young people.

The Lafayette Police Department was informed of the incident Feb. 19 at about 5 p.m., according to a news release.

Chief Jim Craft ordered an immediate criminal and administrative investigation into the incident and placed the officer on leave pending the outcome, the release stated.

Cpl. Paul Mouton, spokesman for the department, declined to release the officer’s name.

The department stated that it would offer no further comment until the investigation is complete.

Internal investigations typically take 60 days to complete.

The video was posted Feb. 17 and had garnered more than 2,000 views as of Tuesday afternoon.

The person who posted the video lists his username as “MEspree” and states in the synopsis that the police chased and tackled the teen and then shook her.

Police later attempted to arrest “MEspree” and take his iPhone, which prompted him to ask “Is this Iran?”

The video, which is more than five minutes long and was recorded with an iPhone, does not appear to show officers tackling the girl.

The video shows the girl sitting on the street talking and pointing around when the officer leans over and screams “shut up” repeatedly at her while he shakes her by the shoulders.

Afterward, another officer walks over and handcuffs the girl. She is one of three teens being detained by officers.

The man continues to film officers as they walk the teens through the parade barricades toward nearby police units.

Toward the end of the video, an officer approaches the man behind the camera and asks him if has video of the fight.

The man tells officers that he only has video of the arrest and then adds, “I’ve got a video of somebody tackling a little girl.”

Another officer approaches him and gives him a warning that he’ll be taken to jail if he continues to cause a disturbance.

“You can go ahead and put that in your video,” the officer says. “One more warning and that’s it.”

Afterward, yet another officer approaches and appears to reach for the man’s arm while informing him that he’ll get a receipt for his phone.

“You can’t take my phone,” the man says.

“You want to bet,” the officer says.

The video ends soon after while the two continue to argue over the phone.

Detective Robert DeCarlo Indicted for Beating Handcuffed Man with Flashlight

A Providence police officer was indicted yesterday on charges that he beat a handcuffed man with a flashlight, prosecutors said.

A Providence County grand jury charged Detective Robert DeCarlo with assault with a dangerous weapon and misdemeanor simple assault in the Oct. 20 arrest of Luis Mendonca, 21, who was taken into custody following a chase.

Surveillance video in a Providence parking lot shows police surrounding an apparently handcuffed Mendonca as one officer kicks and strikes him. A lawyer for Mendonca has said his client was in a coma for two days and needed staples to close a gash on his head. Mendonca is in the custody of federal immigration authorities.

“Today’s indictment is a reminder that everybody is the same in the eyes of the law,’’ Attorney General Patrick Lynch said in a statement. Providence Mayor David Cicilline said the alleged actions were unacceptable and would not be tolerated.

DeCarlo, 45, is to be arraigned tomorrow in Providence Superior Court.

DeCarlo’s attorney, Peter DiBiase, said yesterday he had not seen the indictment. But he said the surveillance footage does not show the full story and pointed out that DeCarlo was responding to a dangerous situation at night involving a suspected robber who allegedly assaulted a police officer.

“What you’ve seen in that video does not tell you what was happening for the 20 minutes this suspect was running through the city of Providence and assaulting people and running away from police,’’ DiBiase said. He said the suspect refused police commands to stop fighting and resisting. “None of that is seen on the video,’’ DiBiase said.

Police say Mendonca was stopped by campus police for the Rhode Island School of Design but struck one of the officers and ran away. A group of Providence police officers tracked him down in a parking lot, where his arrest was recorded by a nearby surveillance camera.

DeCarlo is the third Rhode Island officer since December to be charged with beating a suspect.

A Woonsocket police officer, John H. Douglas, is accused of federal civil rights abuses in the alleged assault of a teenager, and Lincoln police officer Edward Krawetz is facing state charges that he kicked a handcuffed woman in the head outside the Twin River slot parlor. Both men have pleaded not guilty.

Assault with a dangerous weapon carries a maximum 20-year sentence, while misdemeanor assault is punishable by up to a year in prison.

Deputy Samantha Lewis Being Investigated for Going 100mph in Her Personal Vehicle

A vehicle crash that involved a Brunswick County, N.C., sheriff deputy, who was estimated at going 100 mph in her personal vehicle while off-duty, remains under investigation, according to authorities.

Samantha Lewis, a 24-year-old deputy who has been with the department since August 2007, crashed her 2010 Ford while off-duty about 12:30 a.m. Thursday along U.S. 17 Bypass in Shallotte near Smith Avenue, according to police.

Lewis was traveling south when her vehicle ran off the road, into a ditch and the vehicle overturned several times, according to the report. Lewis was transported to New Hanover Regional Medical Center where she is being treated for her injuries.

The posted speed limit is 60 mph in the area where the crash occurred, but according to the report.

Officers wrote in the report they did not suspect drugs or alcohol in the crash in which Lewis was traveling at an estimated speed of 100 mph.

Shallotte police continue to investigate the crash and charges are pending against Lewis, according to authorities.

Brunswick County Sheriff John Ingram issued a release Tuesday that showed Lewis came upon two on-duty deputies, who had cleared a domestic disturbance call when Lewis drove up next to them and attempted to pass one deputy on the right at a high rate of speed.

Lewis lost control of her vehicle and crashed suffering life threatening injuries, Ingram said in the release. Drag racing was not an issue, according to an internal investigation by the department’s professional standards unit.

“At this time our concern is for the well being of Ms. Lewis,” Ingram said in a release. “Our prayers go out for her and her family and for her recovery.”

Monday, February 22, 2010

Reserve Officer Gary Lambert Charged with Pointing Weapon

A reserve Wayne police officer finds himself on the other side of the law. Gary Lambert was arrested Saturday in Southwest Oklahoma City after he said he came to his daughter's rescue. Lambert says his daughter Crystal dialed him on her cell phone during a fight with her boyfriend.

She didn't talk, but he said he heard the boyfriend making serious threats.

Lambert said he was scared for her life and rushed over to the apartment with his gun; on the way he dialed 911.

Oklahoma City Police tell us that both Lamberts threatened the boyfriend with a gun.

Crystal and Gary Lambert are charged with pointing a handgun while Teddy Parker is charged with domestic abuse by strangulation.

Gary Lambert said he did what he believes any dad would have done.

"I was acting as a daddy going in there to get his daughter; my child was being murdered in that house and I was going in to get her."

Officer Matthew Sharkey Arrested for DUI After Crashing Into Troopers

An off-duty Philadelphia police officer suspected of driving under the influence injured two state troopers and a tow-truck driver yesterday when his vehicle crashed into a state police car on a shoulder of I-95, authorities said.

Officer Matthew Sharkey, 23, was detained on suspicion of DUI after the accident, which hurt Troopers Matthew Sheeran and Michael Sadowski, state police said. The agency is investigating the crash.

Sheeran was in fair condition at Hahnemann University Hospital, according to a spokesman there.

Sadowski was treated at Hahnemann for cuts and bruises and released. Sharkey also briefly received medical care there. The tow-truck driver was also treated at Hahnemann, but there was no word on his condition.

The accident happened about 3:30 a.m., after the troopers had parked their cruiser behind an abandoned car on northbound I-95 near the Girard Avenue interchange, state police said.

The tow-truck driver had pulled in front of the abandoned car and was underneath it, hooking it up, when Sharkey's car drove through warning flares and hit the back of the cruiser, authorities said.

Sheeran was pinned between the cruiser and the abandoned car. Despite his cuts and bruises, the tow-truck driver crawled out from underneath and pulled the truck forward, freeing Sheeran.

State police did not identify the tow-truck operator, saying only that he worked for the Philadelphia Parking Authority.

Sharkey was tested for alcohol and drugs, but no results were immediately available. No charges had been filed, and the state police asked witnesses to call 215-560-6200.

Sharkey joined the force in 2007 and has been assigned to the 17th Police District at 20th and Federal Streets in South Philadelphia.

Officer Jason Cortez Runs Through Checkpoint

An off-duty Covington police officer and a woman were critically injured in a car crash early Sunday, police said.

Col. Michael Edmonson of the Louisiana State Police said the single-vehicle crash happened at about 2:10 a.m. on Louisiana Highway 21 in St. Tammany Parish.

Police said Jason Cortez, 26, of Bush, La., was traveling north on LA 21 in a 2008 Ford Mustang when he approached a St. Tammany Parish Sheriff's Office checkpoint manned by three deputies who were searching for an escaped inmate.

"Cortez came to a stop prior to the checkpoint and was instructed to proceed forward by the deputies, at which time he accelerated and sped through the checkpoint proceeding northbound on LA 21 at a high rate of speed," Edmonson said.

As deputies attempted to catch up with the Mustang to conduct a traffic stop, Cortez failed to negotiate a left curve and ran off the right side of the roadway. The vehicle traveled about 72 feet through a ditch before hitting a culvert and becoming airborne.

"The Mustang rotated counterclockwise and began to overturn when it impacted a utility pole, breaking the pole in half. The vehicle came to a rest upright on its wheels in a ditch on the east side of LA 21," Edmonson said.

Cortez and his passenger, 23-year-old Brittany Thornhill, of Covington, were not wearing seat belts at the time of the crash and were ejected from the vehicle. They were transported to St. Tammany Parish Hospital in critical condition.

Edmonson said authorities believe alcohol was a factor in the crash. Investigators are awaiting the results of a urine and blood sample taken from Cortez, against whom charges are pending.

Sunday, February 21, 2010

Trial Begins for Sgt. Michael Tindall Charged with Bank Robbery

A Conroe police officer robbed a local bank two years ago because he had mounting financial problems and used his knowledge about the inner workings of the bank to pull off the crime, a federal prosecutor said Thursday.

Former Conroe police Sgt. Michael Tindall had maxed out all four of his credit cards and had two overdrawn bank accounts when he allegedly robbed the First Bank of Conroe, where he worked as a security guard for 17 years on his off days, said Assistant U.S. Attorney Kebharu Smith during opening statements of Tindall's trial in Houston federal court.

A road map of the evidence will show “he prepared for this crime,” Smith said.

Defense attorney Robert Scardino acknowledged Tindall was a bad money manager, but told jurors that the evidence is mostly circumstantial and that investigators failed to look at a suspect known to have robbed several banks in Montgomery County.

Tindall, a 22-year veteran police officer, is accused of robbing the bank on Aug. 11, 2008, stealing more than $28,000. He was arrested by FBI officials March 24, 2009.

Bank employees recognized Tindall as the robber from the video surveillance and the bank senior vice president notified authorities the next day, investigators said.

The video captured the suspect entering the bank shortly before 9:30 a.m., wearing a white motorcycle helmet with a clear visor, aviator-style sunglasses, gloves, a dark jacket or shirt, blue jeans and carrying a black bag. Employees said the suspect had physical characteristics similar to Tindall. A bank teller said the suspect's voice sounded similar to Tindall's voice.
Prosecution evidence

Conroe police officers, after reviewing the video, also said that the suspect walked and used gestures similar to Tindall, investigators said.

Smith said the evidence will show that two days before the crime Tindall rented a Chevrolet Malibu. The vehicle's odometer showed he drove 10 miles, about the same miles it took to drive from the rental car lot to his apartment, then to the bank and back to the rental car lot.

Police records will show that he also used his police radio to monitor traffic to wait for the opportune moment to rob the bank. He turned on the radio 30 minutes before he robbed the bank and turned it off about 30 minutes after the crime, Smith said.

Investigators found a white helmet in Tindall's garage, Smith said.

He also used his inside knowledge of the bank. He demanded the teller open the “bottom drawer” because he knew that's where the bank kept the large bills, the prosecutor said.

Scardino said there were explanations for many of the coincidences described by Smith. He said his evidence will show that Tindall rented the car because his girlfriend was using his car to visit relatives. He used the radio on Aug. 11, his day off, because he wanted to keep tabs on his district, he said.
Explaining details

Scardino acknowledged the evidence will show that Tindall deposited a hot $1,500 check from another account into his account at First Bank of Conroe on Aug. 10 to cover overdrafts. He also acknowledged that Tindall made a $5,000 cash deposit in his account at another bank near his home on the day of the robbery, but that money was a loan from Tindall's parents, not a bank robbery. Besides, Tindall had $150,000 in a retirement account, he said.

He also said that all five tellers at the bank during the robbery each gave different descriptions of the suspect.

In addition, FBI investigators never looked into another potential suspect until two weeks ago.

The man in question is known to have robbed banks in the area and had similar physical characteristics as the robbery suspect.

Homeland Security Officers Have Lost Nearly 200 Weapons

In the first such accounting, Homeland Security officers lost nearly 200 weapons in bowling alleys, restrooms, unlocked cars and other unsecure areas from fall 2005 through 2008, USA TODAY's Thomas Frank reports. At least 15 guns ended up in the hands of gang members, criminals, drug users and teenagers.

The report, by Inspector General Richard Skinner, said most weapons were never found. They included hand guns, shotguns and military rifles.

He documented 289 missing firearms, though some were lost after Hurricane Katrina and others were stolen from safes.

DHS has disciplined some offenders and beefed up training.

CNN writes that 179 guns -- 74% of the total -- were lost "because officers did not properly secure them," the report said.

DHS had nearly 190,000 weapons in its inventory as of last summer, the report said. Most are assigned to Customs and Border Protection and ICE officers.

Though the number of lost guns is a tiny fraction, any lost weapon "is a very serious matter," said Hubert Williams, president of the Police Foundation, a think tank on law enforcement issues. "It reflects the competence of the officer."

Read the full report here.

Former Officer Tommy Swint Kills Self

Montgomery County Tree trimmers were working in Jefferson Township when a worker noticed something strange in a trash heap.

Amid the broken furniture and other junk, he saw "a blanket that was formed as a body," he later told Montgomery County sheriff's detectives.

It was Dec. 17, 1991. What he saw was actually a quilt, which had been taped around a woman's body. The woman was nude from the waist down. Under the quilt were two plastic trash bags, one over her legs and one over her head and torso. Those bags were taped together.

The woman had no identification, but wore several pieces of jewelry. Her panties, pants, jacket and shoes were inside the bag over her legs.

Coroner's investigators identified Tina Marie Ivery through her fingerprints. Ivery, 33, a known drug user and prostitute, was strangled. A family member last reported seeing her three days earlier.

There were no suspects. For 16 years, there were no good leads. Then Tommy Swint entered the case.

A review of the Ivery case file reveals that Swint was not the only suspect authorities looked at, but he became the best one. He committed suicide Feb. 3, the same day he was indicted in Ivery's murder.

Swint always wanted to be a police officer. Sworn in as a Trotwood officer on July 16, 2007, he resigned six weeks later after Richmond, Ind., police informed Trotwood officials that Swint was a suspect in the disappearance of Marilyn "Niqui" McCown.

The two had worked together at the Dayton's Montgomery Education and Pre-Release Center, a state prison. McCown was last seen at a Richmond Laundromat in July 2001. Her SUV was found four months later at a Harrison Township apartment complex.

The Dayton Daily News reported Swint's resignation in October 2007. A month later, a confidential informant told Dayton police they should look at Swint as a suspect in Ivery's death.

Detectives soon learned that Swint was born in 1966 and raised in Alabama. He joined the Marine Corps in 1986 and was stationed in Japan and Panama. Swint would later admit to having sex with prostitutes in both countries.

In December 1989, he went absent without leave and fled to Dayton, where he had relatives. Swint was arrested and returned to Camp Lejeune, N.C., in June 1990.

In a letter requesting a discharge after his return, Swint wrote that his father never told him that he loved him, that he had experienced significant racism growing up in the South, and that he was the only of his siblings to graduate high school.

"I became a very big celebrity in high school because I was very good in sports," Swint wrote. "My high school loved me and so did my whole town and city."

He also wrote that while he was thankful for the discipline the corps gave him, "I really wanted to be a military police but ended up as a grunt."

The Marines discharged Swint "under other than honorable conditions," according to records. Swint moved back to Dayton.

For the rest of his life, Swint would pursue jobs in security and law enforcement. He applied to the sheriff's office in 2007, but was turned down. He told interviewers he had tried to join the Ohio State Highway Patrol in 1995.

He also told Trotwood interviewers he had applied with Beavercreek, Wright State University, Butler Township and Sinclair Community College police departments. He also admitted to Trotwood that he had pleaded guilty to passing bad checks in 1992.

Several former co-workers of Swint wrote glowing recommendation letters for him. But Trotwood also knew about a 2006 incident in which he received a written reprimand for threatening a female captain at the pre-release center.

"If I have anything to say to you, I will say it in the parking lot," Swint reportedly said. "You don't know who you are missing with. I'm Officer Swint."

But there's no record of Swint telling Trotwood about his AWOL incident or Niqui McCown.

Dayton cold case detectives investigating Swint interviewed his friends and relatives. They shared stories about prostitutes and Swint's visit to a gay club, even though Swint said he hated prostitutes and gays.

Interviewed by police in May 2008, a former girlfriend said Swint had dated Ivery. She also said the blanket Ivery was wrapped in looked familiar to one Swint carried in his car.

Her nephew, who lived with her when Swint was there, told police in April 2009 he remembered seeing a blood trail from the basement window through the grass to the trunk of Swint's car.

The nephew also mentioned a blanket missing from his bed in the basement. Shown a picture of the quilt Ivery was wrapped in, the nephew said it was very similar to the missing blanket.

The Miami Valley Regional Crime Laboratory had been analyzing DNA evidence long before Swint came to investigators' attention. Records show the lab was running tests by November 2005.

There were four semen stains on the back of Ivery's jacket, and one on the front, but they came from different men. There was also a blood stain on the quilt.

The lab did not have a DNA sample for Swint. But Richmond police had an oral swab from him. In April 2008, they agreed to share the sample with the lab.

In May, the lab matched Swint's DNA to the semen on back of the jacket. Swint also could not be excluded as the source of the blood stain on the quilt. On October 21, 2008, detectives visited Swint at the Harrison Township home he shared with his wife. They showed him a picture of Ivery and the blanket. He denied knowing her or ever seeing the blanket.

Then a lab worker found a partial fingerprint onthe adhesive side of the tape that had been wrapped around Ivery's body. The original investigators missed that in 1992.

By this time, Swint had moved to Alabama. Dayton detectives, working with local law enforcement, got a search warrant to obtain Swint's fingerprints.

After Swint gave his fingerprints, he was again shown a picture of Ivery. Again he denied knowing her, but said he thought she was pretty. The officers asked him if he had killed her and he said no.

Then the officers told him his DNA matched evidence at the scene.

"I have nothing to say about that," Swint said.

After some more discussion about the DNA, Swint ended the interview.

"With all due respect, we need to bring this interview to close," Swint said. "I am sure I will see you again. My attorney would not want me to get into this."

On Nov. 25, the crime lab matched the latent print to Swint's left middle finger. By mid-December, a three-prosecutor panel was reviewing the evidence.

On Feb. 1 and 2, prosecutors presented evidence to the grand jury, which indicted Swint just before noon on Feb. 3. An hour later, Swint shot himself in the head as officers approached his Phenix City, Ala., house.

Tommy Swint took the answers to investigators' questions with him.

Records show the detectives were looking at Swint in other cases. Swint's DNA was tested, but did not match, evidence taken from another prostitute homicide, according to an e-mail Montgomery County Assistant Prosecutor Tracey Tangeman sent to other prosecutors.

They should keep looking, said Art Jipson, a sociologist and director of criminal justice studies at the University of Dayton. Jipson recommended doing "geographical profiling," looking at all unsolved homicides in the areas where Swint lived and worked.

It is common for serial killers to be drawn to careers in law enforcement or the military because they like the idea of using force and having authority over others. However, Jipson said, it's equally common for them to fail in those professions, either because they can't get through the screening processes or because they do not submit well to authority themselves.

"Everything you're telling me raises the hackles on the back of my neck," Jipson said. "This guy really fits the profile."

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Information from: Dayton Daily News, http://www.daytondailynews.com

Reserve Officer Jeff Gulley Arrested for Arson

The second Mineral Wells man arrested in connection with a Feb. 3 arson is reportedly a licensed police officer in the State of Texas but does not currently hold a law enforcement position.

Information from the Texas Commission on Law Enforcement Officer Standards and Education confirmed that Jeff Gulley, 30, of Mineral Wells, was appointed as a reserve officer for the Mineral Wells police department from October to December 2006 and was appointed as a police officer in Ranger from October 2006 to June 2007.

According to Mineral Wells Police Chief Mike McAllester, the police department turned in the reserve officer paperwork to TCLEOSE and provided him a uniform and equipment but doesn’t “remember him working in uniform here.”

“He never showed up,” McAllester said. “He never worked for us.”

McAllester said Gulley applied to the department since that time but was never interviewed.

About the same time, Gulley reportedly took a position with the Ranger police department.

Ranger police chief Elton McCoy said he was not with the department at that time and did not immediately have access to Gulley’s records.

TCLEOSE records also indicate Gulley worked as a jailer at the Parker County Jail, though the Index was unable to reach the warden Friday.

The Index also confirmed Gulley served in the United State Marine Corps between 2003 and 2007.

Gulley – along with former patrolman John Gore who questioned and arrested Tuesday on three additional counts of arson – is charged with one count of arson relating to the destruction of a two-story storage building on Hood Road and Division Street around 2:30 a.m. Feb. 3 as a result of an intentionally set fire.

During an interview with a Parker County Fire Marshal’s official, Gore allegedly confessed to burning the structure and implicated Gulley, Parker County Public Information Officer Shawn Scott reported.

The same official then interviewed Gulley twice, Scott said.

“During these interviews he exposed his involvement in the Feb. 3 arson,” Scott said. He also allegedly confessed to being involved with two other fires, a grass fire that burned only grass and brush and a structure fire that did not fully ignite.

The two alleged fires were not in the jurisdiction of Parker County and the information was turned over to Mineral Wells investigators, Scott said.

The Feb. 3 fire is the only arson investigation the Parker County Fire Marshal’s office is directly involved in, according to Scott.

According to Mineral Wells police, Gulley was questioned Tuesday morning and released after Gore named a suspect in a prior incident.

Gulley was arrested on a Parker County warrant for arson around 4 p.m. Thursday at his residence and booked into the Mineral Wells jail overnight.

Police provided extra patrol to the area overnight after Gulley’s wife reported people throwing things at the family’s residence after the Index published a report of his arrest Thursday evening.

Investigators questioned Gulley Friday morning, shortly before he was transported to the Parker County jail. According to jail records, bond had not been set as of Friday evening.

“He cooperated,” McAllester said Friday morning. “His account of what happened on Feb. 3 wasn’t changed but there have been additional offenses reported.”

McAllester said they would be investigating his statements about the alleged offenses.

“Information given by both of them will result into further investigation into other fires,” McAllester said. “There is certainly the possibility of additional counts against each of them.”

“Every time we talk to them, there’s more,” McAllester said.

Suspicious fires as far back as 2001 are being investigated, though McAllester said that does not mean investigators necessarily believe the two were involved in fires that far back.

John Gore, who resigned Wednesday after three years with the Mineral Wells Police Department, reportedly posted bonds on all four charges Tuesday and was released from the Palo Pinto County Jail. Bond on the three charges involving the Tuesday fires were reduced to $30,000 for first-degree arson with injury and $20,000 on the second-degree felony arson counts. Bond was set at $30,000 on the Parker County arson charge.

McAllester said before Tuesday he knew of nothing that indicated a possible arsonist on the police force and they are investigating whether anyone else in the department had any indication.

Laura Le Blanc, public information officer with the TCLEOSE, said they were informed of Gulley’s arrest and would seek action regarding his peace officer’s license if he is found guilty.
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Other Information: 
Officer John Gore Charged With Arson

Officer Donald Schismenos Has More Citizen Complaints Than Any Other Officer

His chiefs have steadfastly defended him over the years.

All the citizen complaints, his use of force, fighting bad guys who resist arrest — it all comes, they have said, with Officer Donald Schismenos being an aggressive street-gang cop in Akron.

Internal police documents, however, do not appear to support the contentions of the Akron chiefs, past and present.

In fact, no street-gang officer working alongside Schismenos comes close to generating the number of citizen complaints, or resorting to force to corral a resisting suspect, according to documents released by the city's law department.

Schismenos is facing a 45-day suspension for disobeying a sergeant and arresting a woman who refused to surrender the video she shot of him making an arrest.

He also is to begin light-duty desk work Monday, a temporary assignment that takes him off the city's gang unit and his off-duty jobs.

This is the first time Schismenos, a 17-year veteran, has ever been disci
plined.

Six years ago, Akron police Chief Michael Matulavich was asked about the escalating number of complaints against Schismenos.

Matulavich, a stern, sometimes gruff, old-school cop, defended the officer's record, describing Schismenos as ''committed and conscientious.'' Those traits, according to the now-retired chief, naturally generated complaints.

''He's always poking sticks at the bears. That's why we send him out there,'' Matulavich said in a 2004 interview.

'Nature of the job'

Fast-forward six years. Current police Chief Gus Hall found himself in a position of explaining more complaints against Schismenos.

In a recent interview, Hall basically reiterated what Matulavich said years ago.

''He works the gang unit, where you're not dealing for the most part with ordinary citizens,'' Hall said. ''It's just the nature of the job and with the groups of people he's dealing with, you will have more use of force, resisting arrests than officers just handling routine traffic stops.''

There are six officers assigned to the department's gang unit. On a daily basis, they work the tougher neighborhoods of Akron, trying to trump the gangbangers.

Over the years, Schismenos has emerged as the face of the unit. He is often invited to speak to neighborhood watch clubs and civic groups about the perils of gangs inside Akron's borders.

He also is regarded as an expert in gang affiliation identification, and county prosecutors have used his testimony to win longer prison terms for defendants accused of gang activity.

In turn, his personnel file is filled with letters of thanks and commendations for his gang work.

Schismenos, however, leads the gang unit with 71 instances of use of force and suspects who resist arrest since 1997. The next closest gang unit officer has 35 such reports.

As for citizen complaints, Schismenos has 32 over his career, three times as many as the next gang officer, who has 10.

Messages and e-mails to Schismenos seeking comment have not been returned for several weeks.

But in a 2004 interview with the Beacon Journal, he attributed the complaints and use of force to his gang-unit work.

''I'm an aggressive officer that is proactive,'' Schismenos told a reporter. ''Our unit is one of the only units that are proactive. We don't just react to reports coming in. We go out and try to get criminals off the streets before they commit more crimes.''

Officers are required to document instances in which they must use physical force or suspects resist arrest.

Union defends record

Paul Hlynsky, the department's union president, defended Schismenos' record. He said the officer's expertise on gangs has made him a highly sought source for other units in the police department, placing Schismenos in the thick of homicide, drug and other investigations.

Hlynsky said this interaction leads to more contact with gang members than other officers in the unit have. This potentially adds to the number of complaints against Schismenos.

In addition, Schismenos has taken off-duty jobs in tough, public-housing neighborhoods and at nightclubs notorious for attracting rougher crowds, Hlynsky said.

As a result, he said, Schismenos' record is being unfairly attacked by city officials, particularly Police Auditor Phil Young and Mayor Don Plusquellic, who last week tripled Schismenos' original unpaid suspension from 15 days to 45.

The suspension has yet to take effect. Schismenos is expected to appeal the mayor's decision to an arbitrator, a process that could take several months.

''I think Don's stuff has been grossly exaggerated by the mayor and the supposed independent auditor,'' Hlynsky said. ''He's already been tried and convicted in the press.

''Here, Schismenos is being made to defend himself and these gang members continue to run amok in the city.''

Under review

Early in his career, when Schismenos was piling up complaints and use-of-force reports, his supervisors counseled him to practice defusing, rather than escalating, his confrontations with citizens.

At the time, he had 47 citizen complaints and use-of-force reports in his first three years of duty. The numbers have since grown to about 118.

In an interview last week, Hall said the department is reviewing Schismenos' record. He has been temporarily taken off the gang unit and is prohibited from working his off-duty jobs until a ''fit for duty'' evaluation is conducted. The evaluation gauges an officer's mental and physical health.

Hall said the department will also study Schismenos' record against other gang unit officers.

''Those are some issues that we need to look into,'' he said. ''It's one of the reasons we requested a 'fit for duty' evaluation.''

Young, the city's police auditor, said the department's defense of Schismenos over the years has done a disservice to the city. When told of the numbers by the Beacon Journal, he said statistics should back up the comments of the chiefs who have defended Schismenos in the past, ''but it's not even close.''

''[The chiefs] make those statements because they are easy to say and I think it steers our citizens in the wrong direction,'' Young said. ''[They say] that this guy is out there hammering people and getting criminals off the streets and that's why he's getting the complaints and most of the complaints and use of force involve bad people. I think that's very misleading.''

Tenure appears to have no bearing on Schismenos' numbers.

Sgt. Michael Zimmerman, Officer Rod Criss and Schismenos have each worked with the unit for at least 10 years.

Criss and Schismenos have been officers for about 17 years. Zimmerman has been with the force since 1977.

But while Schismenos has generated the most citizen complaints among gang officers, Criss and Zimmerman have garnered 13 complaints combined. Zimmerman has no use of force or resisting arrests reports; Criss has 28.

Zimmerman, who supervises the unit, did not return a phone message or an e-mail seeking comment.

Growing scrutiny

Schismenos' record is under growing scrutiny since his confrontation last summer with an Akron woman who videotaped his arrest of a disorderly suspect. Sarah Watkins, 48, refused Schismenos' request for her camera and a sergeant eventually intervened and ordered the officer to ''let it go.''

Schismenos, however, filed felony charges against Watkins, which led to her arrest. She spent parts of two days in jail before making bond. The charges were eventually dismissed.

An internal investigation ended with a recommendation that Schismenos receive a 15-day, unpaid suspension.

Schismenos contended he did not hear a sergeant's order to drop his demands for the camera and he appealed the suspension to Mayor Don Plusquellic, hoping to see the penalty lessened.

Instead, the mayor criticized Schismenos' arrest of Watkins as a ''personal vendetta'' and tripled the suspension. He also ordered Schismenos to undergo a psychological evaluation that could determine whether the officer stays in the gang unit.

''Where has the accountability been for all these years?'' Young asked. ''Where is it? What are we doing here? Are we just making statements about being a gang officer and that this is the way it is? These are questions that need answers.''

Roseville Officers File Lawsuit Alleging Harassment of Gay Cops

"There's kinda of culture within the department..."

A culture that Investigative Sgt. Darin DeFreece, former detective Michael Lackl and Officer Ken Marler, allege fostered a hostile work environment targeting gay officers and those perceived to be gay.

"Nobody cared enough to listen," DeFreece said.

The lawsuit says Chief Mike Blair didn't stop the alleged behavior, and even retaliated against those reporting the harassment.

It names Blair, Sgt. Kelby Newton and former City Manager Craig Robinson for not turning the department around after claims first surfaced in 2007. The city disagrees.

"The city of Roseville is absolutely committed to treating every employee in our organization of every level with dignity and respect. And when we have allegations, when we have complaints that arise, we have procedures and policies in place. We very pro-actively and aggressively address those," said Megan MacPherson, spokeswoman for the City of Roseville.

A 16-year veteran, 10 of them with Roseville, DeFreece says derogatory comments have always been commonplace anywhere from the briefing to the locker rooms.

"There's a sense of permissiveness, that people are allowed to make offensive comments, make it a little bit uncomfortable for people to have an alternative lifestyle," DeFreece said.

According to the lawsuit, one captain explained that a security gate code and voicemail access with the numbers 13-69, symbolized 13 as being unlucky and 69 for it's sexual connotation. Two of the plaintiffs are married to women. DeFreece said there are several officers who stand behind them on the suit, and that most of the staff don't participate in the harassment.

"99.9 percent of the people that work at the Roseville Police Department are extremely professional," DeFreece said.

"It's a sad day," he said.

"Any regrets?" Fox 40 asked.

"That it never occurred in the first place. Those are my biggest regrets," DeFreece added. "I look forward to the day when we're beyond this, we've healed as a department."

Saturday, February 20, 2010

Officer Sean O'Brien Recieves Probation for Assaulting 13-year-old

A Chattanooga police officer has learned he will receive probation after a January incident in which he was accused of assaulting a 13-year-old boy.

During the 21/2-hour hearing Friday in Hamilton County General Sessions Court, Judge Bob Moon said that, while Officer Sean O'Brien had a "belligerent" child on his hands, he could not dismiss the simple assault case outright.

There were "no exigent circumstances," Judge Moon said, that would have justified Officer O'Brien's alleged hitting of the teen on Jan. 23 after arresting him on trespassing charges and taking him to the county Juvenile Detention Center.

Charged with simple assault, Officer O'Brien ultimately could have ended up going to trial in the case. Judge Moon's judicial diversion ruling means the officer will not have to admit guilt and his record will be wiped clean after a year-long probationary period, provided he engages in no more illegal behavior.

But Judge Moon also did not take pity on the juvenile, who lied on the witness stand about his criminal record and who, on the night of his arrest, was observed constantly shouting obscenities at Officer O'Brien and inciting bad behavior in other detainees, according to the testimony of more than one officer who was present at the detention center.

"I fear for your future," Judge Moon told the juvenile, noting the teen already had been convicted of theft as a 12-year-old for stealing a Vespa scooter last summer in North Chattanooga.

"I'm afraid you're either on the way to the morgue or the penitentiary," Judge Moon continued.

Looking at the child's mother, he said, "Mom, I think you know that."

The boy's grandmother, also present at the hearing, could be seen either laughing or smirking throughout the entire hearing.

At the detention center, a video camera recorded the alleged assault. On Friday, two officers testified that they could not tell from the video whether Officer O'Brien actually hit the boy, who was handcuffed the entire time and did not receive any injuries.

Officer O'Brien is on administrative leave pending a resolution in the case. It was not immediately known Friday whether the Chattanooga Police Department will allow him to go on active duty again.

Defense attorney Lee Davis argued at the hearing that the incident at most "was not criminal and should have been dealt with at the administrative level."

Corrections Officer Edward White Charged with Sexuallly Exploiting Inmates

A corrections officer who worked at the women's prison in Swanton is facing charges of allegedly sexually exploiting three inmates.

Edward White, a 40-year-old St. Albans resident, was held on $100,000 bail after he was arraigned Friday on three counts of sexually exploiting an inmate, according to the Vermont State Police.

The investigation into White began a year ago when an inmate alleged that White had inappropriate contact with her, police said. White was suspended during the investigation. But due to a lack of evidence, prosecutors dropped the case, and White was reinstated to his job at the Northwest State Correctional Center last month, police said.

After he went back to work, however, two other female inmates reported similar incidents that happened after his return, police said. Based on these new allegations White was again suspended, police said. During the second part of the investigation, state police received new information about the original accusation and have charged him with the alleged 2009 incident.

White is lodged at the Chittenden Regional Correctional Center, police said.

Sgt. James Ruland Arrested by US Marshals

A sergeant with the Port Richey Police Department was arrested Friday night by the U.S. Marshals Office and is being held in the Pinellas County Jail.

James R. Ruland, 33, is one of 12 full-time officers at the small agency. Port Richey police Chief Dave Brown would not say what crime Ruland is accused of committing.

Brown said Ruland was fired Friday after the agency learned of his arrest.

"We are in shock," Brown said Saturday night.

Brown said Ruland has been with the department for about eight years.

Ruland has been in the headlines before.

In 2003, the Times reported that Ruland was suspended for five days without pay after he took a police cruiser out of jurisdiction to investigate his girlfriend's purse being stolen at a New Port Richey nightclub.

Although Ruland was off duty, he and another deputy drove to the Hudson house of William Griffin — the man Ruland's girlfriend pegged as the thief. Griffin's mother answered the door. The deputies went inside without asking permission, arrested Griffin and refused to let him contact a lawyer.

Ruland drove Griffin to the Police Department — with his girlfriend riding in the front seat. But Griffin was driven back to his house soon after he arrived, because the other deputy involved, Ronald Heinemann, "determined that without stolen property, he could not make a case against Griffin."

Also in that year, Ruland was accused of abusing his power by arresting a woman because she threw her identification in his face and yelled at him after he determined her car was improperly parked.

At the time, then police Chief Bill Downs "defended Ruland as a young but hard-working and honest officer," a Times story about the 2003 incidents stated.

In 2006, Ruland won the agency's Exceptional Service Award for helping to track down a Colorado prisoner who escaped and had been on the lam for 35 years.

Ruland has no criminal record in Florida, according to the Florida Department of Law Enforcement. Late Saturday, no charges against Ruland appeared in federal court records.

Brown said the Port Richey department will issue a news release Monday.

Corrections Officer Mary Lyon Charged with DWI

A state correction officer from Little Falls was arrested Friday evening after authorities said she drove drunk.

Mary Lyon, 44, was charged with driving while intoxicated and refusal to submit to a chemical test, town of Frankfort police said.

Frankfort officers said they stopped Lyon at about 7 p.m. on state Route 5S after receiving a complaint from state Department of Environmental Conservation police.

Lyon did not cooperate with officers, police said.

Lyon works in Marcy where there are two state prisons. Police did not say whether Lyon is assigned to Marcy Correctional Facility or Mid-State Correctional Facility.

Judge James Wright ordered Lyon to be held at the Herkimer County jail on $500 cash bail or $1,000 bond, police said.

She is scheduled to appear in town court Tuesday, March 16.

David Gardner Shot by Diabetic Cop Files Lawsuit

A former QuikTrip driver who was shot by a police officer in 2007 said his life hasn't been the same since the shooting.

It happened on Sept. 24, 2007, at St. John Avenue and Belmont Boulevard in northeast Kansas City.

David Gardner, who drove semi-trailers for QuikTrip, said he was backing up his big rig when gunfire ripped through him and his truck, forcing him out of the cab and onto the ground.

"Just out of the blue -- shot. I started hearing shot after shot. The very first shot went through my driver's side window," Gardner told KMBC's Peggy Breit. "I remember looking up and just seeing people running, ducking, hiding. I could hear shots behind me."

Gardner was hit in the side and the back. Kansas City police officers came to his aid.

Gardner said he later learned that the officer who had shot him had diabetes and was suffering from a hypoglycemic, or low blood sugar, episode.

"I've kind of lost that trust in, 'They're here to protect and serve.' For me, it's hard to believe anymore," Gardner said.

Gardner said he's recovered physically but not mentally. He has been diagnosed with post-traumatic stress disorder.

Gardner still works for QuikTrip, only now it's in the warehouse in Belton. He said his salary is much lower than his driver pay was.

Gardner said it was his choice to work in the warehouse, because he said he feels unsafe to drive a big rig again. He said he's still too jumpy, especially around police.

"I don't want to be behind an 80,000-pound vehicle and have an officer come up beside me. I don't know for sure what would happen, but I don't want to put other people's lives at stake," Gardner said.

Gardner has filed a lawsuit against the Kansas City Police Department, claiming the department knew that Officer Joel Ritchie could be a danger to himself or others.

Ritchie had had two previous diabetic-related incidents on the job. Both were serious enough that responding officers removed his weapon and called for an ambulance.

Gardner said living with the fallout from the shooting has put tremendous strain on him and his family, especially financially.

"It just gets more and more difficult," Gardner said. "It's like a movie -- you can try and pause it or stop it or, but it's always there to replay."

After the shooting, Ritchie worked in police dispatch but has since left the police department.

In response to the lawsuit, the department said neither they nor Ritchie should be held responsible for the shooting. They said no one knew Ritchie's diabetes could trigger such an incident.

Gardner's attorney said officers are trained in the police academy to prepare for a wide range of behaviors from diabetics.

The police department has no policy regarding officers who are diabetic.

Gardner said he knows QuikTrip has a policy for employees who are diabetic because he has diabetes.

Officer Amparo Sierra Pena Senteced to Just 10 Years PROBATION for Shooting Husband

A certified peace officer has now received 10 years probation for shooting her common law husband in the back.

Amparo Sierra Pena was sentenced in the 406th district court this morning during which the defense told a judge "it was only one shot."

Pena, who is a certified peace officer shot her common law husband in the back in may of last year after he decided to move out.

During her 10-year probation, she will not be allowed to carry, posses or use any firearm and must attend anger management.

She could have gotten jail time but her husband, who still lives with Pena, refused to testify in the case.

Corrections Officer Eric Colon Charged with Bringing Inmate Illegal Items

Prosecutors in Milwaukee County are charging a former corrections officer with two felonies for allegedly bringing an inmate illegal items.

Eric Colon is charged with delivering those items to an inmate as well as misconduct in public office. He faces up to 7 years in prison and $20,000 in fines.

The criminal complaint states Colon started a friendship with inmate Bernard Burgess, and at one point bought a Cadillac from Burgess' family. According to prosecutors, he got a discount on the car and in return he delivered several items to Burgess while he was behind bars.

Those items "Included deodorant, a hairbrush, matchsticks, two packs of Newport cigarettes, two marijuana cigarettes hidden inside a deodorant container, crushed tobacco, a container of hair grease, a fabric hair net, a Mini Bic cigarette lighter, two ink pens, 14 pornographic photographs and 20 Duracell batteries."

Officer Sean O'Brien Placed Charged with Assaulting Teen Placed on Judicial Diversion

General Sessions Court Judge Bob Moon on Friday placed a Chattanooga Police officer charged with assaulting a handcuffed teen on judicial diversion.

He directed that Officer Sean O'Brien undergo 26 weeks of anger management under the AILS program. He will be on probation for up to one year, but the judge said that could be shortened if he does well on the AILS program.

Officer O'Brien said he had "taken control" of the 13-year-old after he continually cursed him and tried to incite three other teens who were arrested at the same time.

Judge Moon admonished the teen, having him stand up and telling him, "You are on the interstate to either the morgue or the penitentiary unless something changes and changes right now."

Judge Moon said the officer was within a secure facility and the teens were handcuffed and he did not feel the forceful actions he took were necessary.

A video shows the officer put his hand toward the back of the teen's head and then pressed him against a wall with his body.

The teen, Timothy Rawlings, was placed in a Baptist halfway house at Greeneville, Tn., after the Jan. 23 incident and was brought to Chattanooga for the hearing.

He testified first, saying he was laughing and not cursing the officer when he said Officer O'Brien "hit me in the head and grabbed me and threw me against a wall."

On cross-examination by attorney Lee Davis, he admitted he had incidents at Orchard Knob Middle School where he was yelling,screaming,causing fights and had been moved to the Washington Alternative School.

Rawlings also acknowledged he was on probation for stealing a Vespa scooter in North Chattanooga last June.

He denied trespassing at Memorial Hospital the night of his arrest, though several officers said he admitted he had been with a group of teens there.

He said he was at some apartments on Dodson Avenue when some other teens came up. He said he was arrested along with them.

Homicide detective Michael Wenger said Officer O'Brien told him he took the actions because he felt threatened being along with the four teens.

He said he had watched the video numerous times "and it is still not clear if he touched his head or not."

Memorial Hospital security guard Maurice Watson said he was driving near the hospital when he saw four teens in the street. He said he later pursued them after spotting them running.

He said they ran into a parking garage up toward the Mary Ellen Locher Breast Cancer Center, which was closed for the weekend. He said there had been a recent incident of vending machines being tampered with there.

He said he put out a radio message that was also heard by city officers.

Officer O'Brien said he was a state trooper in New Jersey for seven years before moving to Cleveland, Tn., to operate a business there. He said he was hired by the Chattanooga Police Department after the business was sold and he has been there for two and a half years.

He said he was off duty, but was doing an overtime job with the federal Weed and Seed program on Jan. 23. He said he was involved in the apprehension of some of the youths, and he took Rawlings and another teen in his car.

Officer O'Brien said in the car Rawlings was saying, "This is f------- b--- s---. This ain't f------ right."

He said Rawlings continued with the same language after they were inside the Detention Center. He said he first told him it was "no big deal" to try to calm him. He said he later told him to "shut up."

The officer said he finally told Rawlings, "You need to shut the f--- up."

He testified, "You can take control of a situation, or you can let it go and have worse problems."

He said he was concerned for his safety and for the other three teens, and he said it was a tense atmosphere at the center with blood on the floor from a recent fight. He said he then took the actions against Rawlings. He said if he touched his head it was only his hair.

Corey Beals, who was the officer in charge at the detention center, said Rawlings was "belligerent and loud and verbally abusive of the officer. He was calling him obscene names like b----."

He said he did not see the alleged assault, but he said on the tape it appeared the officer was swinging his hand toward the teen's head.

Capt. Susan Blaine praised the work of Officer O'Brien, saying that was the main reason he was chosen to be in the Weed and Seed program. She said, "He does an excellent job."

Judge Moon also told the officer, "Your language needs to be cleaned up. That is unacceptable - especially to a young person."

Officer James Peters Involved in 6 Shootings

Sergeant Mark Clark, the spokesman for the Scottsdale Police department, said explaining the shooting history of one of his officers can be difficult.

"We're scratching our heads because we're absolutely amazed," said Clark.

Officer James Peters has been involved in more officer-involved shootings than any other officer on duty in the state of Arizona. A total of six. And in four of those cases, Peters fired a bullet that killed a suspect.

"As a matter of fact, there's no one at the Scottsdale police department that isn't absolutely astonished that this officer has been involved, used deadly force, so many times when a lot of officers have gone through their whole careers and not have to use deadly force," said Sgt. Clark.

In his first incident, Peters shot at a suspect in a domestic SWAT situation, but missed. That suspect recovered from other wounds, according to police.

But the officer's aim improved. In this next three shootings, he shot and killed a disbarred lawyer who was pacing a can with a shotgun, a suspect who reportedly tried to attack another officer with a pipe and a gunman holding a hostage in a supermarket.

"The suspect had the manager -- something like you might see in a movie -- had the manager around the neck with the gun pointing to his head and was backing out the door," said Clark.

In all of those cases, multiple police and county attorney investigations ruled Peters' actions were justified. He was even heralded as a hero and was the focus of an article in an industry newsletter found on policeone.com.

Yet, a CBS5 source who has investigated Peters before and who asked to remain anonymous, questions not only Peters' record, but also the ability of the department to remain unbiased.

In fact, the Scottsdale police department settled with a shooting victim's family out of court in the officer's fifth shooting after Peters and others cut the power to a suspect's home and then fatally shot him when he came out with a gun to investigate, according to police.

"Officers were responding to being shot at in that particular incident. It's important to note that, although you guys know that there was a settlement. There certainly was facts that were beyond the legal and certainly financial considerations of the city and their legal department," said Clark.

On Wednesday night, Peters and another officer opened fire on Jimmy Hammack, a bank robbery suspect, after they say Hammack jumped in his truck and drove right at them. Hammack is in critical condition. If the investigation into this latest shooting fits the pattern of all the others, however, Peters will be cleared within a week and back on the street.

"It's just one of those things where I don't know if we're ever going to be able to explain it. I don't know if you are ever going to be able to explain it. It happened. Every single case, this officer that the investigations were completed on, he reacted exactly the way officers are trained to react," said Clark.

Sergeant Clark said his department has reviewed it's procedures to see if there is anything Scottsdale is doing that might regularly put Peters in harms way, but said they found nothing. To date, Officer Peters has passed every psychological evaluation, and his superiors said despite his luck, he is more than fit to serve. The Wednesday night shooting is currently being investigated by Phoenix police.

Friday, February 19, 2010

Sgt Jason Rampey Charged with Sexual Exploitation of Minor

A former Greenville police officer has been arrested and accused of encouraging a 16-year-old girl to send him nude photos of herself.

Sgt. Jason Rampey, with the Greenville Police Department, said that 28-year-old Malcolm Maurice Fuller, of Greenville, was charged with sexual exploitation of a minor and contributing to the delinquency of a minor.

Rampey said that Fuller was fired Dec. 30, 2009, because of an internal investigation. He said that Fuller had been with the police department since 2008.

Police Chief Teri Wilfong said that none of the activity occurred while Fuller was on duty.

According to arrest warrant, Fuller obtained the photos on Dec. 13, 2009. The State Law Enforcement Division said that the girl's family saw some photos on her phone and called police.

Fuller was being held at the Greenville County Detention Center.

Officer Tammi Jo Gordy Arrested for Road Rage

A DeWitt Police officer has been taken off the streets after Davenport Police say she pulled a gun on another driver.

Davenport Police received a call about a "road rage" incident along Utica Ridge Road on Sunday, February 14. The male caller said the other driver had a gun. Reports state the other driver was DeWitt Police Officer Tammi Jo Gordy. During the investigation, Gordy said that the other car pulled out in front of her and when she passed, the passenger flipped her off. That's when they both stopped at the parking lot on 53rd and Utica Ridge Road and she said the man got out in a threatening manner. Police say that's when she showed her gun and a can of mace. The man had his wife and two young children in the car.

"We immediately launched our own internal affairs investigation regarding the administrative violations that are going to go along with the criminal allegations," said DeWitt Chief of Police Tom Whitten. "We're definitely going to provide the employee with the due process necessary. Once we complete our investigation, we'll review the facts and determine...any possible discipline."

Davenport Police has charged Officer Gordy with Aggravated Assault, an aggravated misdemeanor. She is due in court on March 3. The DeWitt Police have placed Officer Gordy on paid administrative leave.

Officer Timothy Gerald Arrested for Domestic Violence

40-year-old Timothy Gerald has been an officer with the Charlotte-Mecklenburg police department since 1993. Wednesday, his wife called officers to their home in northeast Charlotte. She told a 911 operator that Gerald attacked her. "He jumped on me, he hit me, he threw me down,” the woman is heard saying on the tapes.

Police reports show Gerald is accused of using his "bodily force, hands and knees to strike the victim in the chest, shoulder and cheek area." Neighbors tell us they never hear Gerald and his wife argue, in fact they don't hear much of anything from the home. The couple apparently keeps to themselves and doesn't speak to neighbors. Their kids often play in the front yard.

Gerald, now charged with assault on a female, a misdemeanor, was assigned to work here, at East Mecklenburg High School, as a resource officer. "My friends tell me he was a cool guy to talk to and everything,” says 17-year-old Tony Young. Young says students trust and like Gerald, "Like, you could go talk to him about certain things or whatever, like, during school and he'd help you out with certain things."

In fact, students like Gerald so much, some of them created a Facebook page dedicated to him. The "Free Officer Gerald" group includes posts like "he's such a good person." and "he's done nothing but good." “Only him and his wife know exactly what happened. A lot of us don't,” says Young.

Gerald turned himself in at police headquarters were he was taken into custody. In addition to the criminal investigation, the internal affairs department is also investigating this case. In the meantime, Gerald is on paid administrative leave.

The Charlotte-Mecklenburg School district says it has no comment on the case. The police department is in charge of placing officers in schools, not the school district.

Rookie Officer Keith Anderson Arrested for Breaking into Home

A rookie Alberta RCMP officer, who was a suspect in a break and enter, has now been charged with breaking into a home northwest of Calgary.

Mounties say the officer had only been on the job seven months and was on his first posting in Cochrane, Alta., when he was arrested.

Police say a relative of the homeowner found an off-duty Mountie early Sunday morning inside a home in the bedroom community.

When the constable was told to leave, he identified himself as a police officer and left but was arrested a short time later.

Keith Anderson, 22, has been charged with break and enter and is expected to appear in court March 9.

He has been suspended with pay pending the outcome of the court case.

Former Officer Denis Yevsyukov Sentenced to Life for Shooting

A former police major who went on a shooting rampage last year at a Moscow supermarket, killing two people and wounding others, was sentenced to life in prison on Friday, a spokesman for the Moscow City Court said.

Denis Yevsyukov, the former major, confessed to killing one of the victims, but said he could not remember much of the episode. The shooting provoked widespread anger in Russia, where video of Mr. Yevsyukov stalking the supermarket aisles, firing at fleeing customers, has been played repeatedly on television.

His lawyers said they would appeal the sentence.

Thursday, February 18, 2010

Former Officer Pedro Martinez III Pleads Guilty to Escorting 40 Kilos of Cocaine

A former Laredo Police officer pleads guilty in a federal drug case after escorting what he believed to be 40 kilos of cocaine.

Wednesday morning, Pedro Martinez III, who worked as an officer for six years with the Laredo Police Department, and co-conspirator Guillermo Villareal each plead guilty to conspiracy to poses with intent to distribute cocaine, before U.S. Senior District Court Judge George P. Kazen.

Martinez admitted to meeting with an undercover FBI agent posing as a drug trafficker, back in October and November of 2008.

In their meetings, then-officer Martinez twice agreed to escort vehicles carrying cocaine from Zapata Highway to North Laredo, for two thousand dollars.

On one of the occasions, Martinez escorted the contraband while wearing his Laredo PD uniform and driving a marked patrol unit.

Additionally, Martinez introduced Guillermo Villareal to an unnamed party to facilitate the storage of cocaine at a private residence, which he did.

Villareal went on to sell a quarter kilogram of cocaine to undercover officers in December of 2008 and then again in January of 2009.

Martinez has been ordered released on a one-hundred-thousand-dollar bond.
Guillermo Villareal is still pending bond.

The two men each face a minimum ten year prison sentence.

In response to the conviction, Laredo Police Chief, Carlos Maldonado released a statement saying, "The Laredo Police Department remains committed and steadfast in our resolve to serve and protect the citizens of Laredo and the United States.

In this effort the Laredo Police Department will continue to collaborate and partner with federal, state, and local law enforcement entities to bring those who are inclined to break the law to justice".

Martinez had been on administrative leave by the Laredo Police Department since October of last year. He resigned from the force on Tuesday.