Additional charges have been filed against a North Carolina police officer arrested last week and accused of a sexual assault on a girl, authorities said in a news release Tuesday.
Jaymin Lenwood Murphy, an officer in Navassa, N.C., a few miles west of Wilmington, was charged on Thursday after the Brunswick County Sheriff's Office received a report Feb. 15 from the N.C. Department of Social Services that Murphy had sexually assaulted a child between 2005 and 2007 when he lived at the juvenile's home, the news release stated.
The Brunswick County district attorney's office contacted the county Sheriff's Office on Feb. 15 and asked that investigators look into the allegation, filed with the Navassa Police Department.
The Sheriff's Office charged Murphy with first degree rape of a child on Thursday, the release stated.
On Friday, a second girl came forward with a sexual assault allegation against Murphy after learning of his arrest in a news broadcast.
Detectives learned that the second girl was the victim in a case Murphy had investigated in December 2009, while he was employed by Navassa Police Department.
After an investigation into the second girl's allegation, Murphy also was charged with one count of statutory rape, two counts of statutory sex offense, two counts of exploitation of a minor, and three counts of indecent liberties with a minor.
Murphy is currently being held at the Brunswick County Detention Facility in lieu of $1.1 million bail
Wednesday, February 24, 2010
Tuesday, February 23, 2010
Former Officer Hamilton Riley Arrested for Child Sexual Assault
A former Searcy police officer was arrested at 1 a.m. Tuesday morning in the bedroom of a 16-year-old girl, according to the White County Prosecuting Attorneys Office.
"Usually, he's here directing the kids and getting them across the street. That's about it," says Andrew Briggs, who saw Hamilton Riley outside Ahlf Junior High on several occasions.
Riley served as the school resource officer for more than three years, and more than seven on the Searcy Police Department.
News that Riley was arrested in the home of a 16-year-old girl is upsetting to parents.
Briggs explains, "Having a son-in-law for a police officer and having children, it's just not right. It's just not right.
Prosecutors confirm information about an inappropriate relationship was developed only on Monday. Special agents from the state police were brought in. And at 1 a.m. Tuesday morning, those special agents arrested Riley inside the victim's home. By 7 a.m. Tuesday morning, Riley had offered his resignation as an officer with the Searcy Police Department.
White County Prosecutor Chris Raff says, "Anytime you see someone that has the trust and authority that a police officer does, and they are further placed in the position of being the go-to person for children and students, it's really a damning thing. It's a terrible situation. What we are alleging he has done is a terrible thing. And we're going to see that the law punishes him."
Tuesday, students at the school were not told about Riley's arrest. Now shocked parents are finding a way to tell their children their police officer won't be coming back
Briggs says, "Young girls and adults, that's just not the way it is."
Authorities released Riley after he posted a $100,000 bond. His next court appearance is in March
"Usually, he's here directing the kids and getting them across the street. That's about it," says Andrew Briggs, who saw Hamilton Riley outside Ahlf Junior High on several occasions.
Riley served as the school resource officer for more than three years, and more than seven on the Searcy Police Department.
News that Riley was arrested in the home of a 16-year-old girl is upsetting to parents.
Briggs explains, "Having a son-in-law for a police officer and having children, it's just not right. It's just not right.
Prosecutors confirm information about an inappropriate relationship was developed only on Monday. Special agents from the state police were brought in. And at 1 a.m. Tuesday morning, those special agents arrested Riley inside the victim's home. By 7 a.m. Tuesday morning, Riley had offered his resignation as an officer with the Searcy Police Department.
White County Prosecutor Chris Raff says, "Anytime you see someone that has the trust and authority that a police officer does, and they are further placed in the position of being the go-to person for children and students, it's really a damning thing. It's a terrible situation. What we are alleging he has done is a terrible thing. And we're going to see that the law punishes him."
Tuesday, students at the school were not told about Riley's arrest. Now shocked parents are finding a way to tell their children their police officer won't be coming back
Briggs says, "Young girls and adults, that's just not the way it is."
Authorities released Riley after he posted a $100,000 bond. His next court appearance is in March
Former Officer Wilbert Jamison Fined in Child Abuse Case
Judge Cole sentenced Wilbert Jamison -- a former Gaffney police officer -- to 90 days in jail or a $500 fine plus one year of probation including 50 hours of community service.
He faced up to 10 years in prison.
Jamison has opted to pay the fine and walked out of court practically a free man.
The victim's mother -- Jamison's ex-wife -- said she is just glad the ordeal is over and glad her son did not have to testify during a trial.
In an exclusive on-camera interview with News Channel 7 after the plea hearing, Jamison said he never hit the boy with a belt as the victim alleged in Jan. 2009.
"I did make him run laps in the backyard as punishment because he had gotten in trouble at school for stealing," said Jamison. "But no abuse took place. I never hand-cuffed him and whipped him with a belt. I feel like this is just going to hurt children who really are victims of abuse."
Jamison says he agreed to plead guilty to the assault and battery high and aggravated charge because "you never know what a jury is going to do."
He faced up to 10 years in prison.
Jamison has opted to pay the fine and walked out of court practically a free man.
The victim's mother -- Jamison's ex-wife -- said she is just glad the ordeal is over and glad her son did not have to testify during a trial.
In an exclusive on-camera interview with News Channel 7 after the plea hearing, Jamison said he never hit the boy with a belt as the victim alleged in Jan. 2009.
"I did make him run laps in the backyard as punishment because he had gotten in trouble at school for stealing," said Jamison. "But no abuse took place. I never hand-cuffed him and whipped him with a belt. I feel like this is just going to hurt children who really are victims of abuse."
Jamison says he agreed to plead guilty to the assault and battery high and aggravated charge because "you never know what a jury is going to do."
Former Officer Joshua Wiley Sentenced to 3 Years for Stealing from 89-Year-Old Woman
A Gary, Ind., police officer is sentenced to 3 years on work release after he stole money and a home from an 89-year-old neighbor who suffered from dementia.
Prosecutors say Joshua Wiley knew his neighbor had dementia and Alzheimer's and was not competent to make financial decisions on her own behalf.
Helen Chentnik died in 2006.
Wiley pled guilty to theft back in September. He has to pay restitution to Chentnik's estate and he'll be on probation for 5 years after finishing the work release program.
Prosecutors say Joshua Wiley knew his neighbor had dementia and Alzheimer's and was not competent to make financial decisions on her own behalf.
Helen Chentnik died in 2006.
Wiley pled guilty to theft back in September. He has to pay restitution to Chentnik's estate and he'll be on probation for 5 years after finishing the work release program.
Detective Raphael Garcia Indicted for Aggravated Assault
A Passaic County sheriff’s officer charged with aggravated assault went to state court in Paterson Tuesday to defend himself against allegations he was reckless when shooting a drug suspect who eluded his pursuit.
The man defendant Raphael Garcia of Haledon shot and wounded in the left arm testified before state Superior Court Judge Raymond A. Reddin that Garcia was in plain clothes, wore no badge and never identified himself as an officer as he walked toward his car “at a fast pace” with gun drawn.
“I thought he was a gang member or something who was trying to rob me,” said Todd De Lucca, 36, of Park Ridge. De Lucca, an unemployed construction worker and printer, said he had driven to the Riverside Terrace Housing Complex at Plesinger Place and 5th Avenue in Paterson on Feb. 27, 2009, about 2:45 p.m. to buy $18 worth of heroin and visit friends.
His account contradicted earlier testimony from a 20-year veteran Passaic County sheriff’s officer, who was on the warrant detail with Garcia that day. He testified that Garcia was clearly wearing his badge when he emerged from the unmarked vehicle they were both in and approached the suspect. Lt. Francesco Lombardo said he saw De Lucca’s vehicle moving forward and then heard a pop.
A grand jury indicted Detective Raphael Garcia on one count of fourth-degree aggravated assault in July. He faces as much as 18 months in state prison if found guilty.
The trial is being held without a jury. The defendant, with the prosecutor’s assent, chose a non-jury trial before state Superior Court Judge Raymond A. Reddin in Paterson.
Garcia was put on modified duty following his indictment in July. County officials said at the time that he was taken off the street and would not carry a weapon pending the case’s outcome.
Garcia is the son of former Passaic County Jail Warden Felix Garcia, who in 2008 announced he was gearing up to challenge Sheriff Jerry Speziale in 2010. The 30-year veteran of the Passaic County Sheriff's Department was embroiled in a wrongful termination lawsuit against Speziale for four years. Speziale fired Garcia in February 2003 for allegedly disregarding department regulations. The litigation was eventually settled.
De Lucca, In explaining his actions, said, “It’s a high-crime, drug-dealing, gang-related area. It’s extremely dangerous.” Thus, when he saw Garcia coming toward him in street clothes and aiming a gun, the last thing he thought was that he was about to be arrested.
“I immediately thought to get the hell out of there, to avoid bodily injury. I hit the gas. But at no time was he in front of my car,” he testified, noting he never aimed the car directly at Garcia. “I heard a bang. The glass in my car shattered on the driver’s side door window.”
At that point, he testified that things got “foggy” and he can’t remember every detail. “I was in a daze,” he said, as he realized he’d been shot in the left arm. He said he heard people screaming at him and only then did they identify themselves as officers.
De Lucca, who was treated for his injury and recovered, was charged and pleaded guilty to drug possession. He is currently serving a two-year probationary sentence. He appeared in court limping and with a cane, explaining that it was due to lower back problems that he has suffered for some 15 years and for which he takes a variety of pain medications.
“If you knew this was a police officer, would you have stopped?” asked Passaic County Chief Assistant Prosecutor Paul Di Lella.
“Yes, I would have. I could have avoided a lot of trouble.” He later added: “I know better.”
The defense argues that Garcia was acting in self defense, as DeLucca gunned the car toward him and failed to heed Garcia’s warnings to stop. Under cross examination by defense attorney Robert Galantucci of Hackensack, De Lucca admitted he’d been charged seven times in the past with resisting arrest.
Di Lella strenuously objected to the introduction of that history, as only one of those arrests resulted in a conviction and the other charges were dismissed. Reddin allowed it, however, saying the charge Garcia faces is too serious to discount it as part of his defense.
“So you’re saying these officers came after you and shot you because you bought $18 worth of heroin,” Galantucci said, sounding skeptical.
“Yes,” De Lucca responded, noting he only gunned his engine when he was parallel to – or alongside – Garcia and that he was never driving straight at him.
The man defendant Raphael Garcia of Haledon shot and wounded in the left arm testified before state Superior Court Judge Raymond A. Reddin that Garcia was in plain clothes, wore no badge and never identified himself as an officer as he walked toward his car “at a fast pace” with gun drawn.
“I thought he was a gang member or something who was trying to rob me,” said Todd De Lucca, 36, of Park Ridge. De Lucca, an unemployed construction worker and printer, said he had driven to the Riverside Terrace Housing Complex at Plesinger Place and 5th Avenue in Paterson on Feb. 27, 2009, about 2:45 p.m. to buy $18 worth of heroin and visit friends.
His account contradicted earlier testimony from a 20-year veteran Passaic County sheriff’s officer, who was on the warrant detail with Garcia that day. He testified that Garcia was clearly wearing his badge when he emerged from the unmarked vehicle they were both in and approached the suspect. Lt. Francesco Lombardo said he saw De Lucca’s vehicle moving forward and then heard a pop.
A grand jury indicted Detective Raphael Garcia on one count of fourth-degree aggravated assault in July. He faces as much as 18 months in state prison if found guilty.
The trial is being held without a jury. The defendant, with the prosecutor’s assent, chose a non-jury trial before state Superior Court Judge Raymond A. Reddin in Paterson.
Garcia was put on modified duty following his indictment in July. County officials said at the time that he was taken off the street and would not carry a weapon pending the case’s outcome.
Garcia is the son of former Passaic County Jail Warden Felix Garcia, who in 2008 announced he was gearing up to challenge Sheriff Jerry Speziale in 2010. The 30-year veteran of the Passaic County Sheriff's Department was embroiled in a wrongful termination lawsuit against Speziale for four years. Speziale fired Garcia in February 2003 for allegedly disregarding department regulations. The litigation was eventually settled.
De Lucca, In explaining his actions, said, “It’s a high-crime, drug-dealing, gang-related area. It’s extremely dangerous.” Thus, when he saw Garcia coming toward him in street clothes and aiming a gun, the last thing he thought was that he was about to be arrested.
“I immediately thought to get the hell out of there, to avoid bodily injury. I hit the gas. But at no time was he in front of my car,” he testified, noting he never aimed the car directly at Garcia. “I heard a bang. The glass in my car shattered on the driver’s side door window.”
At that point, he testified that things got “foggy” and he can’t remember every detail. “I was in a daze,” he said, as he realized he’d been shot in the left arm. He said he heard people screaming at him and only then did they identify themselves as officers.
De Lucca, who was treated for his injury and recovered, was charged and pleaded guilty to drug possession. He is currently serving a two-year probationary sentence. He appeared in court limping and with a cane, explaining that it was due to lower back problems that he has suffered for some 15 years and for which he takes a variety of pain medications.
“If you knew this was a police officer, would you have stopped?” asked Passaic County Chief Assistant Prosecutor Paul Di Lella.
“Yes, I would have. I could have avoided a lot of trouble.” He later added: “I know better.”
The defense argues that Garcia was acting in self defense, as DeLucca gunned the car toward him and failed to heed Garcia’s warnings to stop. Under cross examination by defense attorney Robert Galantucci of Hackensack, De Lucca admitted he’d been charged seven times in the past with resisting arrest.
Di Lella strenuously objected to the introduction of that history, as only one of those arrests resulted in a conviction and the other charges were dismissed. Reddin allowed it, however, saying the charge Garcia faces is too serious to discount it as part of his defense.
“So you’re saying these officers came after you and shot you because you bought $18 worth of heroin,” Galantucci said, sounding skeptical.
“Yes,” De Lucca responded, noting he only gunned his engine when he was parallel to – or alongside – Garcia and that he was never driving straight at him.
Former Officer Michael Lohman Preparing to Enter Guilty Plea
A former New Orleans police official is preparing to enter a guilty plea in connection with a federal probe of a deadly police shooting in Hurricane Katrina's aftermath, two people familiar with the case said Tuesday.
Former police Lt. Michael Lohman is expected to enter the plea Wednesday in U.S. District Court, and he is cooperating with prosecutors, said the two people. They requested anonymity because the charge would not be announced before his court appearance.
It's unclear what charge he faces because the case hasn't been unsealed. Lohman wasn't one of the seven police officers charged in the shooting on the Danziger bridge several days after Katrina's landfall in August 2005. He helped oversee a department probe of the men's actions.
A lawyer for one of the original defendants said federal investigators have been looking into what they described as a "corrupt investigation" of the fatal shootings of Ronald Madison, a 40-year-old mentally disabled man, and James Brissette, 19.
The Justice Department's civil rights division opened its investigation after a judge threw out state murder and attempted murder charges against the seven in 2008. So far, lawyers for two other officers have identified their clients as targets of the current probe.
Sgt. Robert Gisevius, who was charged in state court with first-degree murder and attempted murder, received a letter informing federal authorities were targeting him. His attorney, Eric Hessler, said the letter accused him of using excessive force and participating in a "corrupt investigation" of the shooting. Hessler defended his client's actions.
"By all accounts, he was involved in a situation where a reasonable person would be in fear for his life," he said.
Steve London, a lawyer for New Orleans police Sgt. Arthur Kaufman, said his client also received a letter informing him he is a target of a federal investigation. The letter doesn't specify why, but Kaufman worked on the department's investigation of the bridge shooting. Kaufman wasn't one of the seven who faced state charges.
London said his client denies any wrongdoing.
"My client is a 30-year police veteran with not one complaint, has received many awards and is considered an exemplary officer," he said.
Lohman, who retired earlier this month, helped supervise the department's investigation of the fatal shootings, said Fraternal Order of Police spokesman Donovan Livaccari.
Lohman's attorney, Dylan Utley, and U.S. Attorney Jim Letten wouldn't comment Tuesday.
Police superintendent Warren Riley said, "We hope that justice is served," declining to elaborate.
The case is among several involving New Orleans police in Katrina's aftermath that are being probed by the federal government. The others include the fatal shooting of Danny Brumfield Sr. outside the New Orleans convention center; the death of Henry Glover, whom witnesses claim died in police custody; and the fatal police shooting of a Connecticut man, Matthew McDonald.
Survivors of the Sept. 4, 2005, shootings on the Danziger bridge have said the officers fired at unarmed people who were crossing to get food at a grocery store. Madison and Brissette were shot and killed by police; four other people were wounded.
The officers acknowledged shooting at people on the bridge, but said they did so only after taking fire.
Katrina struck on Aug. 29, 2005. In its aftermath, levees broke, flooding 80 percent of New Orleans. Chaos gripped the city, and looting was reported in some areas. Rescuers sometimes said they thought gunfire was directed at them.
Survivors of the bridge shooting said in civil suits that they were ambushed by the officers who jumped out of the back of a rental truck.
Daniel G. Abel, a lawyer for the Brissette family, said they are grateful for investigators' work on the case.
"This first conviction bolsters their hope that the individuals responsible for these and related crimes will be brought to justice," Abel said.
Gisevius, Sgt. Kenneth Bowen, Officer Anthony Villavaso II and former Officer Robert Faulcon Jr. each faced first-degree murder and attempted murder charges in the case. State district Judge Raymond Bigelow also threw out attempted first-degree murder charges against Officer Mike Hunter Jr. and Officer Robert Barrios and attempted second-degree murder charges against Officer Ignatius Hills.
Faulcon resigned from the police force; the other officers were assigned to desk duty after their indictment.
Former police Lt. Michael Lohman is expected to enter the plea Wednesday in U.S. District Court, and he is cooperating with prosecutors, said the two people. They requested anonymity because the charge would not be announced before his court appearance.
It's unclear what charge he faces because the case hasn't been unsealed. Lohman wasn't one of the seven police officers charged in the shooting on the Danziger bridge several days after Katrina's landfall in August 2005. He helped oversee a department probe of the men's actions.
A lawyer for one of the original defendants said federal investigators have been looking into what they described as a "corrupt investigation" of the fatal shootings of Ronald Madison, a 40-year-old mentally disabled man, and James Brissette, 19.
The Justice Department's civil rights division opened its investigation after a judge threw out state murder and attempted murder charges against the seven in 2008. So far, lawyers for two other officers have identified their clients as targets of the current probe.
Sgt. Robert Gisevius, who was charged in state court with first-degree murder and attempted murder, received a letter informing federal authorities were targeting him. His attorney, Eric Hessler, said the letter accused him of using excessive force and participating in a "corrupt investigation" of the shooting. Hessler defended his client's actions.
"By all accounts, he was involved in a situation where a reasonable person would be in fear for his life," he said.
Steve London, a lawyer for New Orleans police Sgt. Arthur Kaufman, said his client also received a letter informing him he is a target of a federal investigation. The letter doesn't specify why, but Kaufman worked on the department's investigation of the bridge shooting. Kaufman wasn't one of the seven who faced state charges.
London said his client denies any wrongdoing.
"My client is a 30-year police veteran with not one complaint, has received many awards and is considered an exemplary officer," he said.
Lohman, who retired earlier this month, helped supervise the department's investigation of the fatal shootings, said Fraternal Order of Police spokesman Donovan Livaccari.
Lohman's attorney, Dylan Utley, and U.S. Attorney Jim Letten wouldn't comment Tuesday.
Police superintendent Warren Riley said, "We hope that justice is served," declining to elaborate.
The case is among several involving New Orleans police in Katrina's aftermath that are being probed by the federal government. The others include the fatal shooting of Danny Brumfield Sr. outside the New Orleans convention center; the death of Henry Glover, whom witnesses claim died in police custody; and the fatal police shooting of a Connecticut man, Matthew McDonald.
Survivors of the Sept. 4, 2005, shootings on the Danziger bridge have said the officers fired at unarmed people who were crossing to get food at a grocery store. Madison and Brissette were shot and killed by police; four other people were wounded.
The officers acknowledged shooting at people on the bridge, but said they did so only after taking fire.
Katrina struck on Aug. 29, 2005. In its aftermath, levees broke, flooding 80 percent of New Orleans. Chaos gripped the city, and looting was reported in some areas. Rescuers sometimes said they thought gunfire was directed at them.
Survivors of the bridge shooting said in civil suits that they were ambushed by the officers who jumped out of the back of a rental truck.
Daniel G. Abel, a lawyer for the Brissette family, said they are grateful for investigators' work on the case.
"This first conviction bolsters their hope that the individuals responsible for these and related crimes will be brought to justice," Abel said.
Gisevius, Sgt. Kenneth Bowen, Officer Anthony Villavaso II and former Officer Robert Faulcon Jr. each faced first-degree murder and attempted murder charges in the case. State district Judge Raymond Bigelow also threw out attempted first-degree murder charges against Officer Mike Hunter Jr. and Officer Robert Barrios and attempted second-degree murder charges against Officer Ignatius Hills.
Faulcon resigned from the police force; the other officers were assigned to desk duty after their indictment.
Reserve Officer Jenna Maldonado Charged with Threatened to Shoot Boyfriend
A reserve police officer has been suspended after, investigators said, she threatened her boyfriend with a firearm.
Jenna Maldonado, 28, is a single mother with four children. As a reserve officer with the Homestead Police Department, she gets paid $1 a year and goes into work when needed, on a voluntary bases but has all the duties of a police officer.
Maldonado turned herself in to police Monday night on a charge of aggravated assault with a firearm. She was released on a $5,000 bond Tuesday.
According to Miami-Dade Police, Maldonado was trying to get a hold of her boyfriend on Super Bowl Sunday. When the 28-year-old could not get a hold of him, she went to the boyfriend's friends' house, and that is when, investigators said, she put her gun in her boyfriend's face and threatened to shoot him. Police said some friends were able to subdue Maldonado, and the incident ended peacefully.
Maldonado is the daughter of Linda Bell, who is the former mayor of Homestead. Maldonado's attorney argues that there is politics at play, and calls this a vendetta against the family. "Unfortunately, Ms. Maldonado is being wrongly accused in this circumstance. Not only was she the actual victim here, but she's also the victim of a political vendetta. She's the daughter of the former mayor of the City of Homestead, and there is certainly some ill winds behind these charges," Sean O'Connor said.
Homestead Police said Maldonado is suspended until further notice.
Jenna Maldonado, 28, is a single mother with four children. As a reserve officer with the Homestead Police Department, she gets paid $1 a year and goes into work when needed, on a voluntary bases but has all the duties of a police officer.
Maldonado turned herself in to police Monday night on a charge of aggravated assault with a firearm. She was released on a $5,000 bond Tuesday.
According to Miami-Dade Police, Maldonado was trying to get a hold of her boyfriend on Super Bowl Sunday. When the 28-year-old could not get a hold of him, she went to the boyfriend's friends' house, and that is when, investigators said, she put her gun in her boyfriend's face and threatened to shoot him. Police said some friends were able to subdue Maldonado, and the incident ended peacefully.
Maldonado is the daughter of Linda Bell, who is the former mayor of Homestead. Maldonado's attorney argues that there is politics at play, and calls this a vendetta against the family. "Unfortunately, Ms. Maldonado is being wrongly accused in this circumstance. Not only was she the actual victim here, but she's also the victim of a political vendetta. She's the daughter of the former mayor of the City of Homestead, and there is certainly some ill winds behind these charges," Sean O'Connor said.
Homestead Police said Maldonado is suspended until further notice.
Officer John McCalister Sentenced to Probation for Punching Man
The former Oakwood Public Safety officer who was caught on surveillance tape punching a Dayton man inside a local convenient store while off-duty, was sentenced Tuesday, Feb. 23, to one year of non-reporting probation.
John McCalister was originally charged with misdemeanor assault, but he entered a plea of guilty for disorderly conduct before Dayton Municipal Court Judge John Pickrel sentenced him.
The misdemeanor disorderly conduct charge was the result of an agreement between McCalister’s attorney, Richard Skelton, and the Springfield Prosecutor’s Office, the special prosecutor assigned to the case.
Pickrel also ordered McCalister to pay $42 in restitution to victim Paul Watts and not to have any contact with Watts.
The incident occurred Oct. 14 at the Rite Aid, 1158 Wilmington Ave., after Watts, who was 48 years old at the time, asked McCalister for some change.
Video surveillance, which did not have audio, showed McCalister striking Watts twice without Watts attempting to strike McCalister back.
Watts arrived at the court building on Tuesday but did want to appear in Pickrel’s courtroom, according to Elizabeth Smith, assistant Springfield City Prosecutor.
McCalister’s wife and fellow Oakwood officer Tiffany McCalister witnessed the Oct. 14 event but was not charged.
John McCalister, who for 25 years has served both as a public safety officer and a Dayton firefighter, declined to speak in court.
McCalister resigned from the public safety department in December. Tiffany McCalister, who is a former Dayton police officer, was still listed on Oakwood’s payroll as of Tuesday, Feb. 23. However, Oakwood’s Assistant City Manager Jay Weiskircher said she is expected to resign in April.
John McCalister was originally charged with misdemeanor assault, but he entered a plea of guilty for disorderly conduct before Dayton Municipal Court Judge John Pickrel sentenced him.
The misdemeanor disorderly conduct charge was the result of an agreement between McCalister’s attorney, Richard Skelton, and the Springfield Prosecutor’s Office, the special prosecutor assigned to the case.
Pickrel also ordered McCalister to pay $42 in restitution to victim Paul Watts and not to have any contact with Watts.
The incident occurred Oct. 14 at the Rite Aid, 1158 Wilmington Ave., after Watts, who was 48 years old at the time, asked McCalister for some change.
Video surveillance, which did not have audio, showed McCalister striking Watts twice without Watts attempting to strike McCalister back.
Watts arrived at the court building on Tuesday but did want to appear in Pickrel’s courtroom, according to Elizabeth Smith, assistant Springfield City Prosecutor.
McCalister’s wife and fellow Oakwood officer Tiffany McCalister witnessed the Oct. 14 event but was not charged.
John McCalister, who for 25 years has served both as a public safety officer and a Dayton firefighter, declined to speak in court.
McCalister resigned from the public safety department in December. Tiffany McCalister, who is a former Dayton police officer, was still listed on Oakwood’s payroll as of Tuesday, Feb. 23. However, Oakwood’s Assistant City Manager Jay Weiskircher said she is expected to resign in April.
Officer Nick Gattermeyer Suspended for High Speed Crash
A West Chester police officer critically hurt in a crash has been punished for his actions leading up to the crash.
West Chester police said Officer Nick Gattermeyer was driving more than 100 mph prior to losing control of his cruiser and crashing into a tree while responding to a burglary call.
Gattermeyer spent several weeks in the hospital and returned to light duty.
West Chester police said Gattermeyer has been suspended for four days without pay for his actions.
West Chester police said Officer Nick Gattermeyer was driving more than 100 mph prior to losing control of his cruiser and crashing into a tree while responding to a burglary call.
Gattermeyer spent several weeks in the hospital and returned to light duty.
West Chester police said Gattermeyer has been suspended for four days without pay for his actions.
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.
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
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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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
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.
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.
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.”
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."
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 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.
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.
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.
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."
___
Information from: Dayton Daily News, http://www.daytondailynews.com
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."
___
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
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.''
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."
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."
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.
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.
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.
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.
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.
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.
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