Friday, February 26, 2010
Officer Craig Nash Charged with Sexual Assault on Transgender Woman
A San Antonio police officer was arrested Thursday night after a transgendered woman accused him of rape while the officer was on duty, authorities said.
Officer Craig Nash, 39, has been charged with sexual assault and official oppression. Bail was set at $27,500. He was released from Bexar County Jail after posting a bond. Police said Nash does not have a history of disciplinary action. He is the second San Antonio police officer arrested this year.
Last month, Bandera County deputies arrested Joe Angel Serrato, 36, on a charge of driving under the influence.
“This is a slap in the face to every good police officer, every command officer, to the public and to the victim,” said Police Chief William McManus, who was visibly frustrated as he announced Nash's arrest Friday morning. “This is about as hard a slap in the face as you could possibly get.”
McManus said the incident wasn't reflective of the department's culture but was instead the result of a single officer's bad behavior.
Nash, a seven-year police veteran, is accused of picking up the alleged victim shortly after 3 a.m. at Guadalupe and Zarzamora streets on the city's West Side, according to an arrest warrant affidavit.
The complainant, who authorities say is a prostitute, told police that Nash handcuffed her in the back of a marked patrol car before taking her to an unknown location and forcing her to engage in multiple sexual acts, the affidavit states. Nash reportedly was wearing his police uniform at the time.
The woman told police that after the assault occurred, the suspect dropped her off at a nearby school on Guadalupe Street.
The affidavit states that the woman then took a bus to a police substation to report the incident, telling officers Nash “wasn't going to get away with this.”
The affidavit states the complainant was able to pick Nash out of a police lineup and that police used a Global Positioning System to confirm that Nash's vehicle was in the area at the time of the alleged incident.
Nash has been placed on administrative leave with pay pending the outcome of an investigation.
“We will not for a second tolerate this or make any excuses on behalf of anyone who is found guilty of misconduct in this department,” McManus said.
At least 10 officers were effectively fired in 2009 from the department on allegations ranging from sexual assaults to indecent exposure to witness tampering. The amount represents more than twice the number of officers placed on indefinite suspension in 2008.
Cpl Mike Jones Charged with Pointing Weapon During Off-Duty Confrontation
An arrest warrant was issued Thursday for a Dallas police officer who is accused of illegally pointing his gun at a man and ordering him to his knees during an off-duty confrontation in July.
Senior Cpl. Mike Jones, who joined the department in 1999, faces a Class A misdemeanor charge of deadly conduct, an offense punishable by up to a year in jail and a $4,000 fine. Jones was placed on administrative leave on Wednesday. A conviction would cost him his job.
Jones, 42, was expected to turn himself in at the Dallas County Jail. He told police investigators that he ordered a man who was urinating on a wall at an apartment complex on Washington Avenue in Old East Dallas to stop. He said that when the man didn't follow his commands, and after he identified himself as a police officer, he drew his weapon and ordered Brandon Schroder, 23, to his knees.
The decision by prosecutors to pursue criminal charges against Jones immediately riled officers throughout the Dallas Police Department, with many saying Jones was being punished for simply doing his job.
"It sends a very bad message to police officers," said Glenn White, president of the Dallas Police Association.
"He did everything by the book," said White. "It's not like he clocked the guy in the back of the head, split the guy's head and left him. If someone does not comply with loud, clear verbal instructions, you go to plan B."
John Haring, Jones' attorney, said, "Officer Jones was only doing his job and he looks forward to presenting his side of the story in court."
The Dallas County district attorney's office declined to comment other than to say that prosecutors determined the facts of the case constituted deadly conduct.
"I can confirm that we made the decision that it was a misdemeanor offense, not a felony offense. There was no need to go to a grand jury," said First Assistant District Attorney Terri Moore.
Harvey Hedden, executive director of the International Law Enforcement Educators and Trainers Association, said the actions that Jones took do not appear to violate the training that police give law officers.
"To me, [the arrest] does seem like an overreaction and might have a chilling effect on how officers might interrupt criminal activity in their off-duty hours," Hedden said.
According to police records, the confrontation occurred about 6:45 p.m. at the AMLI at Cityplace apartments, where at the time Jones provided security work and had an apartment. Schroder and his friends had been drinking all day, the records state.
Jones wrote in his police report of the incident that he had just returned to the complex when he noticed a swimsuit-clad Schroder urinating on a wall. Jones, dressed in civilian clothing, told Schroder to stop and go somewhere else. Schroder continued to urinate, the report states.
Jones then identified himself as a Dallas police officer and displayed his badge. When Schroder ignored him, Jones wrote, he showed him his badge and was again ignored. Still showing his badge, he then pointed his service weapon at Schroder and ordered him to his knees.
Jones then wrote Schroder a ticket for urinating in public, an offense punishable by a fine. Information on what happened to the citation was unavailable.
Schroder, who didn't want to immediately comment on the case, filed a complaint with the police, telling investigators that Jones simply screamed at him to stop, pulled a gun on him and ordered him to his knees.
"The complainant did not realize the suspect was an officer until he observed suspect's identification," the report said. "The complainant believed the suspect to be a person that was going to cause him injury by shooting him."
Jim Bristo, vice president of the Dallas Fraternal Order of Police, said it is not unusual for an officer to draw his weapon when lawful orders are ignored. "This all seems to be to be a witch hunt," he said.
Hedden said officers are trained that when confronting someone, even those committing a minor violation, they should draw their weapon if the person does not respond to verbal commands after a police officer identifies himself.
"It's better to have a weapon out and in hand than to have it in a holster especially in a situation where someone is acting suspiciously," said Hedden, a former police officer.
In off-duty situations, officers need to be even more cautious because they typically don't have a radio, baton, handcuffs or an easy way to call for backup, he said.
He also said ordering a violator to his knees or even to make him lie face-down is standard police procedure for controlling a suspect. "By putting themselves on their knees it makes them less likely to attack him and easier to control," Hedden said.
Senior Cpl. Mike Jones, who joined the department in 1999, faces a Class A misdemeanor charge of deadly conduct, an offense punishable by up to a year in jail and a $4,000 fine. Jones was placed on administrative leave on Wednesday. A conviction would cost him his job.
Jones, 42, was expected to turn himself in at the Dallas County Jail. He told police investigators that he ordered a man who was urinating on a wall at an apartment complex on Washington Avenue in Old East Dallas to stop. He said that when the man didn't follow his commands, and after he identified himself as a police officer, he drew his weapon and ordered Brandon Schroder, 23, to his knees.
The decision by prosecutors to pursue criminal charges against Jones immediately riled officers throughout the Dallas Police Department, with many saying Jones was being punished for simply doing his job.
"It sends a very bad message to police officers," said Glenn White, president of the Dallas Police Association.
"He did everything by the book," said White. "It's not like he clocked the guy in the back of the head, split the guy's head and left him. If someone does not comply with loud, clear verbal instructions, you go to plan B."
John Haring, Jones' attorney, said, "Officer Jones was only doing his job and he looks forward to presenting his side of the story in court."
The Dallas County district attorney's office declined to comment other than to say that prosecutors determined the facts of the case constituted deadly conduct.
"I can confirm that we made the decision that it was a misdemeanor offense, not a felony offense. There was no need to go to a grand jury," said First Assistant District Attorney Terri Moore.
Harvey Hedden, executive director of the International Law Enforcement Educators and Trainers Association, said the actions that Jones took do not appear to violate the training that police give law officers.
"To me, [the arrest] does seem like an overreaction and might have a chilling effect on how officers might interrupt criminal activity in their off-duty hours," Hedden said.
According to police records, the confrontation occurred about 6:45 p.m. at the AMLI at Cityplace apartments, where at the time Jones provided security work and had an apartment. Schroder and his friends had been drinking all day, the records state.
Jones wrote in his police report of the incident that he had just returned to the complex when he noticed a swimsuit-clad Schroder urinating on a wall. Jones, dressed in civilian clothing, told Schroder to stop and go somewhere else. Schroder continued to urinate, the report states.
Jones then identified himself as a Dallas police officer and displayed his badge. When Schroder ignored him, Jones wrote, he showed him his badge and was again ignored. Still showing his badge, he then pointed his service weapon at Schroder and ordered him to his knees.
Jones then wrote Schroder a ticket for urinating in public, an offense punishable by a fine. Information on what happened to the citation was unavailable.
Schroder, who didn't want to immediately comment on the case, filed a complaint with the police, telling investigators that Jones simply screamed at him to stop, pulled a gun on him and ordered him to his knees.
"The complainant did not realize the suspect was an officer until he observed suspect's identification," the report said. "The complainant believed the suspect to be a person that was going to cause him injury by shooting him."
Jim Bristo, vice president of the Dallas Fraternal Order of Police, said it is not unusual for an officer to draw his weapon when lawful orders are ignored. "This all seems to be to be a witch hunt," he said.
Hedden said officers are trained that when confronting someone, even those committing a minor violation, they should draw their weapon if the person does not respond to verbal commands after a police officer identifies himself.
"It's better to have a weapon out and in hand than to have it in a holster especially in a situation where someone is acting suspiciously," said Hedden, a former police officer.
In off-duty situations, officers need to be even more cautious because they typically don't have a radio, baton, handcuffs or an easy way to call for backup, he said.
He also said ordering a violator to his knees or even to make him lie face-down is standard police procedure for controlling a suspect. "By putting themselves on their knees it makes them less likely to attack him and easier to control," Hedden said.
Brian Macias Shot by His Father
The Los Angeles County Department of Coroner Friday identified the 17-year-old boy who was shot to death by his father in an unincorporated county area near Monrovia.
Brian Macias died Thursday night after his father fired on him during an argument inside a home in the 100 block of East Andre Street, Coroner's Assistant Chief Ed Winter said.
The shooting occurred around 6 p.m., sheriff's Deputy Aura Sierra said.
The boy's father is a reserve LAPD officer. He was not arrested, and authorities have not identified him.
Los Angeles County Sheriff's homicide detectives are investigating the homicide.
They have said it appears to be self defense.A group of young men who identified themselves as Macias' friends said Friday the teen was a senior at Monrovia High School.
They said said Macias aspired to go to college and become a police officer. They doubted that an argument between the teen and his father needed to end in death.
"He was always respectful to his father because his father was a cop and he wanted to be a cop," said Paul Gilbert, 17."He was just a nice kid, he didn't mean any harm to anybody."
Brian Macias died Thursday night after his father fired on him during an argument inside a home in the 100 block of East Andre Street, Coroner's Assistant Chief Ed Winter said.
The shooting occurred around 6 p.m., sheriff's Deputy Aura Sierra said.
The boy's father is a reserve LAPD officer. He was not arrested, and authorities have not identified him.
Los Angeles County Sheriff's homicide detectives are investigating the homicide.
They have said it appears to be self defense.A group of young men who identified themselves as Macias' friends said Friday the teen was a senior at Monrovia High School.
They said said Macias aspired to go to college and become a police officer. They doubted that an argument between the teen and his father needed to end in death.
"He was always respectful to his father because his father was a cop and he wanted to be a cop," said Paul Gilbert, 17."He was just a nice kid, he didn't mean any harm to anybody."
Thursday, February 25, 2010
Officer Michael Darrah Accused of Taking Cash from People He Pulled Over
The indictment of a former police officer on charges he stole cash from people he pulled over follows a city probe that led to his firing.
Michael J. Darrah, who was fired in September after an internal investigation, was indicted Thursday on four counts of extortion by a police officer, five counts of larceny from a person, three counts of larceny under $250 and two counts of larceny over $250, Plymouth County District Attorney Timothy J. Cruz and Police Chief William Conlon said.
Darrah is accused of stealing cash from three people he pulled over on what were described as bogus charges and from an intoxicated man at the police station who was being taken to a detox center.
The indictments were handed up late Thursday following a three-month grand jury probe.
Darrah, who joined the force in 2004, was officially fired by the city for conduct unbecoming a police officer.
Conlon said the investigation continued even after Darrah was fired as authorities tracked down victims who initially were wary of the police.
A number of the victims spoke little or no English and feared their complaints would not be taken seriously, he said.
“It was hard to get their confidence. They were easy prey,” Conlon said. “You can understand why they were uneasy. We had to convince them they were not the people in trouble.”
The chief said the indictments should send a message to the community that misconduct by law enforcement would not be tolerated.
“People should feel confident when they make a complaint, it will be taken seriously and it will be investigated,” Conlon said. “People will pay the penalty … it is shameful conduct and it can’t and won’t be tolerated.”
Darrah was the third Brockton police officer to be fired since January 2009 in unrelated cases. Darrah had been suspended – then placed on administrative leave – last August after several people came forward to police alleging misconduct.
Brockton police launched an investigation last year when several motorists reported they were pulled over and searched.
Each person said they discovered money or their wallets were taken from their pockets after the officer left.
In each case, the officer told them he could either arrest them or write them a ticket for offenses the witnesses said were false.
In another case, an officer was alleged to have taken $1,700 from the pocket of an intoxicated man he was transporting to the High Point detox facility.
The district attorney’s office reported that happened after the officer ordered the man’s mother to leave the room while he searched her son’s pockets.
The police investigation included witness interviews, photo arrays, a review of internal police records, and what license plates had been run by officers, among other things.
Michael J. Darrah, who was fired in September after an internal investigation, was indicted Thursday on four counts of extortion by a police officer, five counts of larceny from a person, three counts of larceny under $250 and two counts of larceny over $250, Plymouth County District Attorney Timothy J. Cruz and Police Chief William Conlon said.
Darrah is accused of stealing cash from three people he pulled over on what were described as bogus charges and from an intoxicated man at the police station who was being taken to a detox center.
The indictments were handed up late Thursday following a three-month grand jury probe.
Darrah, who joined the force in 2004, was officially fired by the city for conduct unbecoming a police officer.
Conlon said the investigation continued even after Darrah was fired as authorities tracked down victims who initially were wary of the police.
A number of the victims spoke little or no English and feared their complaints would not be taken seriously, he said.
“It was hard to get their confidence. They were easy prey,” Conlon said. “You can understand why they were uneasy. We had to convince them they were not the people in trouble.”
The chief said the indictments should send a message to the community that misconduct by law enforcement would not be tolerated.
“People should feel confident when they make a complaint, it will be taken seriously and it will be investigated,” Conlon said. “People will pay the penalty … it is shameful conduct and it can’t and won’t be tolerated.”
Darrah was the third Brockton police officer to be fired since January 2009 in unrelated cases. Darrah had been suspended – then placed on administrative leave – last August after several people came forward to police alleging misconduct.
Brockton police launched an investigation last year when several motorists reported they were pulled over and searched.
Each person said they discovered money or their wallets were taken from their pockets after the officer left.
In each case, the officer told them he could either arrest them or write them a ticket for offenses the witnesses said were false.
In another case, an officer was alleged to have taken $1,700 from the pocket of an intoxicated man he was transporting to the High Point detox facility.
The district attorney’s office reported that happened after the officer ordered the man’s mother to leave the room while he searched her son’s pockets.
The police investigation included witness interviews, photo arrays, a review of internal police records, and what license plates had been run by officers, among other things.
Investigation Determines Officer Jesus Cisneros was Drinking on Duty Before Crash
An internal investigation has determined that a Fort Worth police officer was drinking on duty before crashing a city vehicle and killing a mother of two.
The Fort Worth Star-Telegram cited documents filed with the Civil Service Commission over the December incident.
The review found that Officer Jesus Cisneros drove to three bars and drank up to three beers in an unauthorized undercover detail before going off duty, drinking more and colliding with a vehicle driven by Sonia Baker.
The narcotics officer, charged with intoxication manslaughter, remains free on bail.
Cisneros resigned Dec. 21. Police on Feb. 18 took the additional step of suspending him indefinitely so the allegations would be included in his civil service record.
Cisneros attorney Jim Lane did not immediately comment.
Baker family attorney Mike Freden says the actions of Cisneros were "sickening."
The Fort Worth Star-Telegram cited documents filed with the Civil Service Commission over the December incident.
The review found that Officer Jesus Cisneros drove to three bars and drank up to three beers in an unauthorized undercover detail before going off duty, drinking more and colliding with a vehicle driven by Sonia Baker.
The narcotics officer, charged with intoxication manslaughter, remains free on bail.
Cisneros resigned Dec. 21. Police on Feb. 18 took the additional step of suspending him indefinitely so the allegations would be included in his civil service record.
Cisneros attorney Jim Lane did not immediately comment.
Baker family attorney Mike Freden says the actions of Cisneros were "sickening."
Wednesday, February 24, 2010
David Baker Files Lawsuit Against Officers for Violating His Civil Rights
An Ambridge man says a borough police officer beat him in a holding cell and jammed a gun into his mouth last year, then other officers tried to cover up the assault.
Claiming civil rights violations, David A. Baker, 41, of 614 Melrose Ave. has sued the borough, Police Chief Mark Romutis, officers Richard Heitzenrater, Robert Kuzma Jr. and Michael Slawianowski, and former Borough Manager Kristen Denne.
Heitzenrater and Kuzma are already facing federal criminal charges related to the incident.
According to Beaver County court records, Slawianowski arrested Baker around 4 p.m. Feb. 20, 2009, at 10th Street and Glenwood Avenue after an 8-year-old and a 10-year-old reported that Baker had urinated on a sidewalk across the street from them.
The children reported the incident to a parent; one of the children is a grandchild of Heitzenrater.
Slawianowski said Baker was drunk, disheveled and apparently had soiled himself. Once at the borough police station, Baker refused to get out of the police car, and “officers then grabbed Baker by his jacket and pulled him from the back seat of the patrol car. Once outside the car, Baker fell directly to the ground and refused to stand up.”
Slawianowski also said, “Officers then drug Baker by his jacket into the police garage and then inside the police station,” where he was searched and put in a holding cell.
According to the federal lawsuit, written by Pittsburgh attorney Tony J. Thompson, Slawianowski and Kuzma told Heitzenrater, who had been off-duty, of Baker’s arrest, and he went to the police station. There, according to the suit, Heitzenrater entered the holding cell and hit and kneed Baker in the head and body.
Heitzenrater also “assaulted and terrorized (Baker) by placing the barrel of a firearm into his mouth, thereby threatening him with grave bodily harm and death,” Thompson said.
The lawsuit also alleges that other borough employees didn’t stop the assault and then “conspired to destroy physical evidence capturing the incident, and/or falsified written reports regarding the incident.”
Thompson said Kuzma and Slawianowski allowed Heitzenrater to enter the cell and Heitzenrater and Kuzma, who also had been off-duty, destroyed surveillance video showing the attack.
Thompson also said that “Heitzenrater and other officers of the Ambridge Police Department have a history of acting erratically, violently and with excessive force, and in abusing their authority as police officers.” The borough has been sued by others in the past, accusing officers of violating their civil rights.
Thompson said in the suit that Romutis and Denne “knew or should have known that (Heitzenrater) was not fit to be a sergeant of the Ambridge police.”
Baker suffered severe head injuries and continues to suffer after-effects from the attack, according to the lawsuit.
In November, Baker pleaded no contest to single counts of open lewdness and disorderly conduct and was sentenced to one year’s probation in Beaver County Court. Baker could not be reached for comment Wednesday.
Last year, his attorney on those charges, Gerald Benyo, said Baker was in an alcohol rehabilitation program. He added that Baker had about $30,000 in unpaid medical bills related to the beating.
In August, the U.S. attorney’s office charged Heitzenrater and Kuzma with obstruction of an official proceeding and conspiracy to obstruct an official proceeding. Heitzenrater was also charged with deprivation of civil rights, while Kuzma additionally was charged with accessory after the fact.
The allegations in the criminal case are similar to the lawsuit, with Heitzenrater accused of beating Baker, and then he and Kuzma working the next day to destroy surveillance footage.
Heitzenrater retired from the Ambridge force last spring. Kuzma, with the rank of lieutenant, was suspended without pay, but collected unemployment from the borough.
Slawianowski has left Ambridge and now works as a Leetsdale police officer. Denne resigned as borough manager in January and now works in Johnstown.
Heitzenrater’s attorney, James Ross of Ambridge, said Wednesday he was moving forward with the criminal case “and we have a defense to it,” but would not comment further.
Kuzma’s attorney, Mark Lancaster of Pittsburgh, could not be reached for comment Wednesday. Romutis wasn’t available for comment Wednesday.
Claiming civil rights violations, David A. Baker, 41, of 614 Melrose Ave. has sued the borough, Police Chief Mark Romutis, officers Richard Heitzenrater, Robert Kuzma Jr. and Michael Slawianowski, and former Borough Manager Kristen Denne.
Heitzenrater and Kuzma are already facing federal criminal charges related to the incident.
According to Beaver County court records, Slawianowski arrested Baker around 4 p.m. Feb. 20, 2009, at 10th Street and Glenwood Avenue after an 8-year-old and a 10-year-old reported that Baker had urinated on a sidewalk across the street from them.
The children reported the incident to a parent; one of the children is a grandchild of Heitzenrater.
Slawianowski said Baker was drunk, disheveled and apparently had soiled himself. Once at the borough police station, Baker refused to get out of the police car, and “officers then grabbed Baker by his jacket and pulled him from the back seat of the patrol car. Once outside the car, Baker fell directly to the ground and refused to stand up.”
Slawianowski also said, “Officers then drug Baker by his jacket into the police garage and then inside the police station,” where he was searched and put in a holding cell.
According to the federal lawsuit, written by Pittsburgh attorney Tony J. Thompson, Slawianowski and Kuzma told Heitzenrater, who had been off-duty, of Baker’s arrest, and he went to the police station. There, according to the suit, Heitzenrater entered the holding cell and hit and kneed Baker in the head and body.
Heitzenrater also “assaulted and terrorized (Baker) by placing the barrel of a firearm into his mouth, thereby threatening him with grave bodily harm and death,” Thompson said.
The lawsuit also alleges that other borough employees didn’t stop the assault and then “conspired to destroy physical evidence capturing the incident, and/or falsified written reports regarding the incident.”
Thompson said Kuzma and Slawianowski allowed Heitzenrater to enter the cell and Heitzenrater and Kuzma, who also had been off-duty, destroyed surveillance video showing the attack.
Thompson also said that “Heitzenrater and other officers of the Ambridge Police Department have a history of acting erratically, violently and with excessive force, and in abusing their authority as police officers.” The borough has been sued by others in the past, accusing officers of violating their civil rights.
Thompson said in the suit that Romutis and Denne “knew or should have known that (Heitzenrater) was not fit to be a sergeant of the Ambridge police.”
Baker suffered severe head injuries and continues to suffer after-effects from the attack, according to the lawsuit.
In November, Baker pleaded no contest to single counts of open lewdness and disorderly conduct and was sentenced to one year’s probation in Beaver County Court. Baker could not be reached for comment Wednesday.
Last year, his attorney on those charges, Gerald Benyo, said Baker was in an alcohol rehabilitation program. He added that Baker had about $30,000 in unpaid medical bills related to the beating.
In August, the U.S. attorney’s office charged Heitzenrater and Kuzma with obstruction of an official proceeding and conspiracy to obstruct an official proceeding. Heitzenrater was also charged with deprivation of civil rights, while Kuzma additionally was charged with accessory after the fact.
The allegations in the criminal case are similar to the lawsuit, with Heitzenrater accused of beating Baker, and then he and Kuzma working the next day to destroy surveillance footage.
Heitzenrater retired from the Ambridge force last spring. Kuzma, with the rank of lieutenant, was suspended without pay, but collected unemployment from the borough.
Slawianowski has left Ambridge and now works as a Leetsdale police officer. Denne resigned as borough manager in January and now works in Johnstown.
Heitzenrater’s attorney, James Ross of Ambridge, said Wednesday he was moving forward with the criminal case “and we have a defense to it,” but would not comment further.
Kuzma’s attorney, Mark Lancaster of Pittsburgh, could not be reached for comment Wednesday. Romutis wasn’t available for comment Wednesday.
Officer Thomas Fees Keeps Getting Paid After Arrest
Tulsa Police Officer Thomas Fees has been suspended with pay for three weeks after being accused of pointing a loaded gun at employees of a bar. Viewers have asked why, in this budget crisis, is he getting a paycheck when other officers are not?
News On 6 viewers questioned Fees' paid suspension again after a recent story on a police officer who earned a Purple Heart and has been laid off. People wonder why Fees can't be suspended without pay and that salary given to someone else.
It's all about due process.
On the one hand, you have Officer Thomas Fees, who's been arrested and charged. Witnesses say he got unruly in a bar three weeks ago, and when employees had to physically remove him, he pointed a loaded gun at them.
He's been charged with pointing a firearm and carrying a firearm under the influence. Fees has been suspended with pay. His employment records show he was suspended in 2005 for two days for being confrontational and three days in 2006 for trying to sell a drug used to make meth.
So, why not just suspend him without pay?
"It's not that simple because even though he's been accused, he's still afforded, just as every other person, due process," said Captain Jonathan Brooks of the Tulsa Police Department.
In a case that involves a felony, the city's legal advisor says you can't suspend someone right away with no pay because that's taking disciplinary action from the very beginning. They must wait until the employee has been bound over for trial at a preliminary hearing.
If that happens, the city can also begin the firing process.
On the other hand, you have a guy like Scott Osborn who served 10 years in the Air Force, became a police officer, was shot by a drug runner and awarded the Purple Heart.
He's been laid off almost four weeks. Some argue the city would be better off with someone like him getting a paycheck than Fees.
"Him being paid, yes, money is money but the fact is, he doesn't have a gun or badge, and he is being paid but is required to stay at home," Brooks said. "He can't even show up on premises based on the suspension with pay."
Department leaders say citizens can trust them to police themselves and do the right thing, once the time is right.
Officer Fees' attorney says they are doing their own investigation, and they expect him to have a strong defense to the charges.
His preliminary hearing hasn't been set yet and could take months. He'll keep getting paid until that time.
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Previous Post & Photo
News On 6 viewers questioned Fees' paid suspension again after a recent story on a police officer who earned a Purple Heart and has been laid off. People wonder why Fees can't be suspended without pay and that salary given to someone else.
It's all about due process.
On the one hand, you have Officer Thomas Fees, who's been arrested and charged. Witnesses say he got unruly in a bar three weeks ago, and when employees had to physically remove him, he pointed a loaded gun at them.
He's been charged with pointing a firearm and carrying a firearm under the influence. Fees has been suspended with pay. His employment records show he was suspended in 2005 for two days for being confrontational and three days in 2006 for trying to sell a drug used to make meth.
So, why not just suspend him without pay?
"It's not that simple because even though he's been accused, he's still afforded, just as every other person, due process," said Captain Jonathan Brooks of the Tulsa Police Department.
In a case that involves a felony, the city's legal advisor says you can't suspend someone right away with no pay because that's taking disciplinary action from the very beginning. They must wait until the employee has been bound over for trial at a preliminary hearing.
If that happens, the city can also begin the firing process.
On the other hand, you have a guy like Scott Osborn who served 10 years in the Air Force, became a police officer, was shot by a drug runner and awarded the Purple Heart.
He's been laid off almost four weeks. Some argue the city would be better off with someone like him getting a paycheck than Fees.
"Him being paid, yes, money is money but the fact is, he doesn't have a gun or badge, and he is being paid but is required to stay at home," Brooks said. "He can't even show up on premises based on the suspension with pay."
Department leaders say citizens can trust them to police themselves and do the right thing, once the time is right.
Officer Fees' attorney says they are doing their own investigation, and they expect him to have a strong defense to the charges.
His preliminary hearing hasn't been set yet and could take months. He'll keep getting paid until that time.
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Previous Post & Photo
Officer Denver Thomas Indicted for Sexual Contact with Teen
Ripley City Council unanimously voted Wednesday night to terminate Officer Denver Thomas.
That happened after Ripley Police Chief Raymond Fridley recommended that Thomas be dismissed from the police force. His termination is effective immediately.
Thomas had been indicted earlier Wednesday by a Jackson County grand jury. The indictment alleges he had sexual contact with a teenager in 2008.
Thomas has been on paid leave from the department since September 2009.
No other information is being released because the case involves an underage child.
That happened after Ripley Police Chief Raymond Fridley recommended that Thomas be dismissed from the police force. His termination is effective immediately.
Thomas had been indicted earlier Wednesday by a Jackson County grand jury. The indictment alleges he had sexual contact with a teenager in 2008.
Thomas has been on paid leave from the department since September 2009.
No other information is being released because the case involves an underage child.
Trial Set to Begin for Officer Michael Ficken
A jury trial for officer misconduct allegations against former Prior Lake police officer Michael Alan Ficken is set to begin next week in Scott County District Court in Shakopee.
Ficken, 34, of Savage was charged by the Dakota County Attorney’s Office in June with officer misconduct, fifth-degree assault, disorderly conduct and criminal damage to property. He has pleaded not guilty to those charges.
Jury selection is set to start Tuesday morning. Opening arguments are expected to start later that afternoon and the trial will continue into Wednesday.
According to the criminal complaint:
While Ficken was on duty as a police officer, at about 7 a.m. June 10, he allegedly called his former girlfriend, and when she didn’t answer her phone, he drove his squad car to her house. When Ficken arrived at the woman’s home, he saw a vehicle he did not recognize and allegedly ran the license plate, without any known work-related reason to do so.
Ficken then allegedly entered the home and attempted to make contact with the woman, who was in a lower-level bedroom with the door locked. Ficken asked to be let into the bedroom, and the woman said, “No,” the complaint states.
Ficken then allegedly broke through the bedroom door while the woman attempted to hold it shut. While inside the bedroom, Ficken began to yell at the woman and a man who was inside the room with her, according to the complaint.
Ficken, 34, of Savage was charged by the Dakota County Attorney’s Office in June with officer misconduct, fifth-degree assault, disorderly conduct and criminal damage to property. He has pleaded not guilty to those charges.
According to the criminal complaint:
While Ficken was on duty as a police officer, at about 7 a.m. June 10, he allegedly called his former girlfriend, and when she didn’t answer her phone, he drove his squad car to her house. When Ficken arrived at the woman’s home, he saw a vehicle he did not recognize and allegedly ran the license plate, without any known work-related reason to do so.
Ficken then allegedly entered the home and attempted to make contact with the woman, who was in a lower-level bedroom with the door locked. Ficken asked to be let into the bedroom, and the woman said, “No,” the complaint states.
Ficken then allegedly broke through the bedroom door while the woman attempted to hold it shut. While inside the bedroom, Ficken began to yell at the woman and a man who was inside the room with her, according to the complaint.
Officer Jesus Cisneros Accused of Drunking While Still on Duty Before Crash
An off-duty Fort Worth police officer who officials say was drunk when he crashed his city vehicle into another car in December, killing a mother of two, had started drinking while still on duty, an internal investigation has found.
Jesus Cisneros drove his city vehicle, a Toyota Highlander, to three bars from 7 to 9 p.m. Dec. 10 and consumed up to three beers as part of an unauthorized undercover bar detail, according to documents filed with the Civil Service Commission.
Lt. Paul Henderson, a police spokesman, called Cisneros' actions a "gross violation of policy."
The documents say that after completing the bar detail, Cisneros, then off duty, drove to a birthday party at The Pour House, where he drank about four more beers and four shots of alcohol, according to surveillance video obtained from the bar by investigators.
About 2:25 the next morning, Cisneros was driving the Highlander west in the 3800 block of Columbus Trail at more than twice the posted speed limit when he collided with a PT Cruiser trying to turn in front of him, officials have said. The Cruiser's driver, Sonia Baker, was pronounced dead at the scene.
Tests on blood taken soon after the wreck indicated that Cisneros had a blood-alcohol concentration of 0.17, more than twice the legal limit.
Cisneros resigned Dec. 21. Police officials, however, took the additional step of suspending him indefinitely — tantamount to firing — so that the sustained allegations would be included in his civil service record, Henderson said.
The indefinite suspension took effect Feb. 18.
"Because he resigned, it closes any potential loophole for him being able to get his job back in Fort Worth," Henderson said.
The allegations
According to the documents, the investigation found four allegations against Cisneros: that he consumed alcohol on duty without necessary supervisory approval; that he drove a city vehicle off duty without authorization; that he was intoxicated while off duty; and that he drove a city vehicle while impaired and in such a manner that resulted in the fatal crash.
Cisneros, who remains free on bail, was charged Feb. 10 with intoxication manslaughter.
Jim Lane, Cisneros' attorney, was out of the office Wednesday and did not return a message left with his staff seeking comment.
Sonia Baker's widower, Mario Baker, referred questions Wednesday to the Noteboom law firm.
Mike Freden, one of the attorneys for Baker's family, said Cisneros' actions were "sickening."
"With each additional fact, his behavior is becoming more and more outrageous," Freden said. "It highlights that there were so many people along the way that could have stopped him from going out there and killing her. It's tragic. We're going to continue to go after every one we possibly can to get justice for Mario and his boys."
Henderson said an investigation of whether any other officers violated department policy while celebrating with Cisneros on the night of the crash is nearing its final stages.
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Jesus Cisneros drove his city vehicle, a Toyota Highlander, to three bars from 7 to 9 p.m. Dec. 10 and consumed up to three beers as part of an unauthorized undercover bar detail, according to documents filed with the Civil Service Commission.
Lt. Paul Henderson, a police spokesman, called Cisneros' actions a "gross violation of policy."
The documents say that after completing the bar detail, Cisneros, then off duty, drove to a birthday party at The Pour House, where he drank about four more beers and four shots of alcohol, according to surveillance video obtained from the bar by investigators.
About 2:25 the next morning, Cisneros was driving the Highlander west in the 3800 block of Columbus Trail at more than twice the posted speed limit when he collided with a PT Cruiser trying to turn in front of him, officials have said. The Cruiser's driver, Sonia Baker, was pronounced dead at the scene.
Tests on blood taken soon after the wreck indicated that Cisneros had a blood-alcohol concentration of 0.17, more than twice the legal limit.
Cisneros resigned Dec. 21. Police officials, however, took the additional step of suspending him indefinitely — tantamount to firing — so that the sustained allegations would be included in his civil service record, Henderson said.
The indefinite suspension took effect Feb. 18.
"Because he resigned, it closes any potential loophole for him being able to get his job back in Fort Worth," Henderson said.
The allegations
According to the documents, the investigation found four allegations against Cisneros: that he consumed alcohol on duty without necessary supervisory approval; that he drove a city vehicle off duty without authorization; that he was intoxicated while off duty; and that he drove a city vehicle while impaired and in such a manner that resulted in the fatal crash.
Cisneros, who remains free on bail, was charged Feb. 10 with intoxication manslaughter.
Jim Lane, Cisneros' attorney, was out of the office Wednesday and did not return a message left with his staff seeking comment.
Sonia Baker's widower, Mario Baker, referred questions Wednesday to the Noteboom law firm.
Mike Freden, one of the attorneys for Baker's family, said Cisneros' actions were "sickening."
"With each additional fact, his behavior is becoming more and more outrageous," Freden said. "It highlights that there were so many people along the way that could have stopped him from going out there and killing her. It's tragic. We're going to continue to go after every one we possibly can to get justice for Mario and his boys."
Henderson said an investigation of whether any other officers violated department policy while celebrating with Cisneros on the night of the crash is nearing its final stages.
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Officer Roniel Dilone Charged with Drunk Driving
Another NYPD officer has been charged with boozing behind the wheel after he smashed his car in the Bronx, badly injuring his passenger.
Officer Roniel Dilone, who was off-duty at the time, told an EMT at the scene that he had four beers before the crash early Sunday, according to court papers.
He refused to take a Breathalyzer test. His blood was drawn after cops got a warrant, and results are pending.
The 27-year-old cop, who has been on the force for four years, was driving in Throgs Neck when he smashed his Nissan Altima into a parked Subaru - sending it into a tree before his car jumped the curb, court papers said.
He was not badly injured, but his passenger, Allan Reyes, suffered a fractured leg and shoulder and badly bruised his ribs.
Dilone had "a flushed face and bloodshot, watery eyes," according to court papers.
"I was driving, then the next thing, I heard my passenger screaming that he thinks his leg is broken," Dilone told police at the scene.
Dilone was charged with vehicular assault and operating a motor vehicle while under the influence of alcohol.
The NYPD - which did not make the accident public, as normally happens when an officer faces a serious charge - suspended Dilone without pay.
Dilone, who is assigned to the 28th Precinct, was released without bail at his arraignment. He refused to open the door at his Parkchester home yesterday.
"I can't say anything," he said.
His lawyer did not respond to a request for comment.
The NYPD has been plagued by a recent rash of cops busted for drunken driving.
Two weeks ago, off-duty Officer Raphael Ospina plowed his Chrysler into a garbage truck in midtown, flipped over and smacked into Tiffany's, according to authorities. Ospina broke three ribs, and two friends in the car were also hurt.
In November, off-duty Detective Kevin Spellman was charged with running down and killing a Bronx grandmother after drinking at a nearby bar. And in September, Officer Andrew Kelly was charged in Brooklyn with killing a preacher's daughter while driving drunk.
Officer Roniel Dilone, who was off-duty at the time, told an EMT at the scene that he had four beers before the crash early Sunday, according to court papers.
He refused to take a Breathalyzer test. His blood was drawn after cops got a warrant, and results are pending.
The 27-year-old cop, who has been on the force for four years, was driving in Throgs Neck when he smashed his Nissan Altima into a parked Subaru - sending it into a tree before his car jumped the curb, court papers said.
He was not badly injured, but his passenger, Allan Reyes, suffered a fractured leg and shoulder and badly bruised his ribs.
Dilone had "a flushed face and bloodshot, watery eyes," according to court papers.
"I was driving, then the next thing, I heard my passenger screaming that he thinks his leg is broken," Dilone told police at the scene.
Dilone was charged with vehicular assault and operating a motor vehicle while under the influence of alcohol.
The NYPD - which did not make the accident public, as normally happens when an officer faces a serious charge - suspended Dilone without pay.
Dilone, who is assigned to the 28th Precinct, was released without bail at his arraignment. He refused to open the door at his Parkchester home yesterday.
"I can't say anything," he said.
His lawyer did not respond to a request for comment.
The NYPD has been plagued by a recent rash of cops busted for drunken driving.
Two weeks ago, off-duty Officer Raphael Ospina plowed his Chrysler into a garbage truck in midtown, flipped over and smacked into Tiffany's, according to authorities. Ospina broke three ribs, and two friends in the car were also hurt.
In November, off-duty Detective Kevin Spellman was charged with running down and killing a Bronx grandmother after drinking at a nearby bar. And in September, Officer Andrew Kelly was charged in Brooklyn with killing a preacher's daughter while driving drunk.
Officer Ricardo Orosco Charged with Assaulting Girlfriend
Another sex scandal has rocked the Phoenix Police Department.
Officer Ricardo Orosco, 26, has been charged with unlawful imprisonment, assault and criminal damage after allegedly getting into an altercation with his girlfriend early Tuesday.
"It's an embarrassment, it's a very bleak situation for us," Phoenix Police detective James Holmes said of arresting a fellow officer.
Police say they received a call around 2:45 a.m. from a femaile who said her "boyfriend" had assaulted her and was currently following her with his own car.
The victim told police she and Orosco had been out for the evening and, after returning to his home, said he told her he wanted to have sex.
She told police that after she refused, Orosco forcibly removed part of her clothing and ordered her to disrobe.
"The officer became physical with the victim. He grabbed her, he tore her sweater, threw her down on the bed," Holmes said. "During all of this he tore part of her bra and he did put his hands around her throat and he hit her."
Police said the victim was able to free herself and leave the home, but only after Orosco - trying to get in the car - broke the handles off the driver's side front and rear doors.
It was then, after realizing Orosco was following her, that she called police.
Police said the victim had visible facial injuries but did not require immediate medical attention. Orosco was booked into the Maricopa County Jail.
Officer Ricardo Orosco, 26, has been charged with unlawful imprisonment, assault and criminal damage after allegedly getting into an altercation with his girlfriend early Tuesday.
"It's an embarrassment, it's a very bleak situation for us," Phoenix Police detective James Holmes said of arresting a fellow officer.
Police say they received a call around 2:45 a.m. from a femaile who said her "boyfriend" had assaulted her and was currently following her with his own car.
The victim told police she and Orosco had been out for the evening and, after returning to his home, said he told her he wanted to have sex.
She told police that after she refused, Orosco forcibly removed part of her clothing and ordered her to disrobe.
"The officer became physical with the victim. He grabbed her, he tore her sweater, threw her down on the bed," Holmes said. "During all of this he tore part of her bra and he did put his hands around her throat and he hit her."
Police said the victim was able to free herself and leave the home, but only after Orosco - trying to get in the car - broke the handles off the driver's side front and rear doors.
It was then, after realizing Orosco was following her, that she called police.
Police said the victim had visible facial injuries but did not require immediate medical attention. Orosco was booked into the Maricopa County Jail.
Officer Maynard Richardson Fired
Des Moines Police Chief Judy Bradshaw says the department has fired an officer charged with attempting to sexually assault a woman in his patrol car earlier this month.
Officer Maynard Richardson faces criminal charges of assault with intent to commit sexual abuse and non-felonious misconduct in office after an incident early Feb. 5.
Police accuse Richardson of placing a 22-year-old woman in his squad car and kissing and touching her without her permission.
In announcing Richardson's firing Wednesday, Bradshaw noted that he had previously been suspended for two days for making an inappropriate comment to a women while on a call in 2009.
The 35-yerar-old Richardson can appeal his termination to Des Moines Civil Service commission. Richardson's attorney, Alfredo Parrish, could not immediately be reached for comment Wednesday.
Information from: The Des Moines Register, http://www.desmoinesregister.com
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Officer Maynard Richardson faces criminal charges of assault with intent to commit sexual abuse and non-felonious misconduct in office after an incident early Feb. 5.
Police accuse Richardson of placing a 22-year-old woman in his squad car and kissing and touching her without her permission.
In announcing Richardson's firing Wednesday, Bradshaw noted that he had previously been suspended for two days for making an inappropriate comment to a women while on a call in 2009.
The 35-yerar-old Richardson can appeal his termination to Des Moines Civil Service commission. Richardson's attorney, Alfredo Parrish, could not immediately be reached for comment Wednesday.
Information from: The Des Moines Register, http://www.desmoinesregister.com
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Deputies Search Orlando Officer's Home for Child Porn
Lake County deputies were at an Orlando police officer's home for a child porn investigation Wednesday. The officer's home is in Tavares. He hasn't been arrested.
Police say there was child pornography downloaded to a personal computer at his home, but the police officer's work laptop was also confiscated.
Lake County sheriff investigators spent Wednesday afternoon searching the officer's home. They took personal computers, went through his patrol car and took his department-issued laptop.
“Right now we are not confirming who is the suspect. Multiple people live here and have access to the computers," said Sgt. John Herrell, Lake Co. Sheriff's Office.
Neighbors said the police officer, whose name has not been released, lives in the home with his two sons, who are 13 and 17 years old.
"He's a man who goes to work takes care of his two boys," one neighbor said.
The Cyber Crimes Task Force got a hit on the house, alerting investigators.
"They are able to determine when child porn is downloaded or transmitted from an IP address," Herrell said.
Investigators are not specific about the porn, but said it's not a case of one teen sending another teen an inappropriate picture.
Officers showed up at the house, were handed over what investigators wanted and left with the officer’s car.
Lake County investigators said the officer is on administrative leave now from the Orlando Police Department and there may be an internal affairs investigation.
Police say there was child pornography downloaded to a personal computer at his home, but the police officer's work laptop was also confiscated.
Lake County sheriff investigators spent Wednesday afternoon searching the officer's home. They took personal computers, went through his patrol car and took his department-issued laptop.
“Right now we are not confirming who is the suspect. Multiple people live here and have access to the computers," said Sgt. John Herrell, Lake Co. Sheriff's Office.
Neighbors said the police officer, whose name has not been released, lives in the home with his two sons, who are 13 and 17 years old.
"He's a man who goes to work takes care of his two boys," one neighbor said.
The Cyber Crimes Task Force got a hit on the house, alerting investigators.
"They are able to determine when child porn is downloaded or transmitted from an IP address," Herrell said.
Investigators are not specific about the porn, but said it's not a case of one teen sending another teen an inappropriate picture.
Officers showed up at the house, were handed over what investigators wanted and left with the officer’s car.
Lake County investigators said the officer is on administrative leave now from the Orlando Police Department and there may be an internal affairs investigation.
Former Officer Martin Abreu Sentenced for Killing Pedestrian
An off-duty Jersey City police officer will spend up to a decade in prison for killing a pedestrian as she crossed a lower Manhattan street.
Martin Abreu, a Jersey City police officer since 2005, was sentenced Tuesday. He pleaded guilty on Dec. 16 to aggravated vehicular homicide.
Abreu's vehicle mowed down Marilyn Huang Feng a year ago as she walked near Battery Park City. The 26-year-old aspiring lawyer died at the scene, and her boyfriend was critically injured.
Authorities said Abreu was drunk, and according to witness accounts, he was driving more than double the speed limit.
Abreu will be eligible for parole in 3 1/2 years. His maximum sentence is 10 1/2 years.
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Martin Abreu, a Jersey City police officer since 2005, was sentenced Tuesday. He pleaded guilty on Dec. 16 to aggravated vehicular homicide.
Abreu's vehicle mowed down Marilyn Huang Feng a year ago as she walked near Battery Park City. The 26-year-old aspiring lawyer died at the scene, and her boyfriend was critically injured.
Authorities said Abreu was drunk, and according to witness accounts, he was driving more than double the speed limit.
Abreu will be eligible for parole in 3 1/2 years. His maximum sentence is 10 1/2 years.
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Former Deputy Robert Grimsley Sentenced to Five Years for Stalking
A 38-year-old former law enforcement officer in South Carolina was sentenced to five years in prison after pleading guilty to stalking and assaulting his girlfriend and trying to tamper with evidence against him.
The Morning News of Florence reports a judge on Tuesday ordered ex-Dillon County deputy Robert Grimsley to spend seven years in prison, with the final two years of the sentence suspended if he completes three years of probation.
Authorities say Grimsley was charged with criminal domestic violence in November after grabbing his girlfriend in the home they shared in Latta and kicking her.
A month later, investigators say Grimsley violated a restraining order and asked an officer working the case to switch or destroy blood samples that were collected.
The Morning News of Florence reports a judge on Tuesday ordered ex-Dillon County deputy Robert Grimsley to spend seven years in prison, with the final two years of the sentence suspended if he completes three years of probation.
Authorities say Grimsley was charged with criminal domestic violence in November after grabbing his girlfriend in the home they shared in Latta and kicking her.
A month later, investigators say Grimsley violated a restraining order and asked an officer working the case to switch or destroy blood samples that were collected.
Officer Daniel McBroom Arrested for Drunk Driving
A Clyde police officer charged with drunken driving and speeding has been placed on unpaid leave.
According to the Norwalk post of Ohio State Highway Patrol, a trooper pulled over off-duty Clyde police Officer Daniel McBroom, 38, on Maple Street near Race Street at 12:35 a.m. Friday.
The trooper clocked McBroom going 40 mph in a 25 mph zone. He suspected McBroom was driving under the influence of alcohol and asked him to submit to a test.
McBroom refused, and the trooper charged him with operating a vehicle under the influence and speeding. He has no prior offenses, according to the patrol.
McBroom was scheduled to appear for an arraignment Tuesday morning in Sandusky County District Court in Clyde, but clerks at the court said he obtained a lawyer and his hearing will be rescheduled.
Clyde police Chief Bruce Gower said he was out of town when the incident occurred, so McBroom was told to use a vacation day to cover his Saturday shift. Gower placed McBroom on unpaid leave after speaking Monday with city manager Dan Weaver. McBroom will remain under suspension while the case is ongoing, Gower said.
According to the Norwalk post of Ohio State Highway Patrol, a trooper pulled over off-duty Clyde police Officer Daniel McBroom, 38, on Maple Street near Race Street at 12:35 a.m. Friday.
The trooper clocked McBroom going 40 mph in a 25 mph zone. He suspected McBroom was driving under the influence of alcohol and asked him to submit to a test.
McBroom refused, and the trooper charged him with operating a vehicle under the influence and speeding. He has no prior offenses, according to the patrol.
McBroom was scheduled to appear for an arraignment Tuesday morning in Sandusky County District Court in Clyde, but clerks at the court said he obtained a lawyer and his hearing will be rescheduled.
Clyde police Chief Bruce Gower said he was out of town when the incident occurred, so McBroom was told to use a vacation day to cover his Saturday shift. Gower placed McBroom on unpaid leave after speaking Monday with city manager Dan Weaver. McBroom will remain under suspension while the case is ongoing, Gower said.
Officer David Spearman Suspended for Cussing
A Naples, Florida police officer has been suspended for two days after the police chief reviewed the dash-cam video from the officer's patrol car.
Police Chief Tom Weschler was reviewing in-car videos to check a problem with the sound when he stumbled upon an officer making derogatory comments about a fellow officer.
"That kind of behavior will not be tolerated. The citizens deserve better than that," said Chief Weschler.
The chief was reviewing video from Officer David Spearman's vehicle.
The 20-year veteran of the Naples Police Department was responding to a call at the Gordon River Apartments in July 2009.
In the video, Spearman curses several times when talking about the apartment residents and how he is repeatedly being called to the same area.
"I'm glad Schickfus decided to clear his 40 and come down. [Expletive deleted] weasel. He's nothing but a pansy [expletive deleted]. He takes three or four a shift," Spearman said on the video.
"I was concerned when I first started to watch it. The level of stress that he was showing in his voice and knowing Officer Spearman, that's not normally how he reacts. But it was enough of a warning sign that I knew I had to look into it a little further," said Weschler. "We have to hold everybody accountable for their actions here."
The chief says he reviewed about 10 more of Spearman's calls and found his conduct to be much more level headed and professional.
However, the chief says Spearman provided inaccurate information to dispatch and did not take the appropriate enforcement action in one of those calls.
Spearman was suspended for two days and is back on duty.
Police Chief Tom Weschler was reviewing in-car videos to check a problem with the sound when he stumbled upon an officer making derogatory comments about a fellow officer.
"That kind of behavior will not be tolerated. The citizens deserve better than that," said Chief Weschler.
The chief was reviewing video from Officer David Spearman's vehicle.
The 20-year veteran of the Naples Police Department was responding to a call at the Gordon River Apartments in July 2009.
In the video, Spearman curses several times when talking about the apartment residents and how he is repeatedly being called to the same area.
"I'm glad Schickfus decided to clear his 40 and come down. [Expletive deleted] weasel. He's nothing but a pansy [expletive deleted]. He takes three or four a shift," Spearman said on the video.
"I was concerned when I first started to watch it. The level of stress that he was showing in his voice and knowing Officer Spearman, that's not normally how he reacts. But it was enough of a warning sign that I knew I had to look into it a little further," said Weschler. "We have to hold everybody accountable for their actions here."
The chief says he reviewed about 10 more of Spearman's calls and found his conduct to be much more level headed and professional.
However, the chief says Spearman provided inaccurate information to dispatch and did not take the appropriate enforcement action in one of those calls.
Spearman was suspended for two days and is back on duty.
Two Palm Beach County Officers Arrested
A Palm Beach County Sheriff's Officer has been arrested on drug charges, while another deputy is accused of obstructing justice, state attorney Michael McAuliffe announced Monday.
Deputy Sarah Thompson was charged with three counts of purchasing or possession with intent to purchase oxycodone.
State prosecutors said Thompson bought or possessed the prescription pain pills on three separate occasions -- Jan. 17, Feb. 7 and Feb. 11.
Deputy Carlos Lisboa was also charged with fleeing or attempting to elude a marked police car and resisting an officer without violence.
Thompson could be sentenced up to 15 years in prison for each count if convicted. Lisboa could be sentenced up to five years in prison if convicted of fleeing or attempting to elude a marked police car, and an additional year in the county jail if convicted of the second charge.
Deputy Sarah Thompson was charged with three counts of purchasing or possession with intent to purchase oxycodone.
State prosecutors said Thompson bought or possessed the prescription pain pills on three separate occasions -- Jan. 17, Feb. 7 and Feb. 11.
Deputy Carlos Lisboa was also charged with fleeing or attempting to elude a marked police car and resisting an officer without violence.
Thompson could be sentenced up to 15 years in prison for each count if convicted. Lisboa could be sentenced up to five years in prison if convicted of fleeing or attempting to elude a marked police car, and an additional year in the county jail if convicted of the second charge.
Former Officer Kachina McAlexander Sentenced for Firing Weapon At Other Officers
A former Denver Police officer was sentenced to several years in prison for firing a handgun at local law enforcement officers in South Dakota.
Kachina McAlexander, who resigned from her job with DPD last April, was previously convicted of three counts of aggravated assault on a law enforcement officer and one count of reckless use of a firearm.
McAlexander was sentenced Tuesday to five years for each of the three counts but the judge suspended three years of each sentence. The judge also ordered that the reduced sentence be served concurrently, meaning McAlexander will now spend two years behind bars unless she is paroled early. The judge told McAlexander she would be eligible after one year.
McAlexander spoke in court Tuesday, apologizing for her actions, saying she was scared and would never try to intentionally hurt another law enforcement officer.
McAlexander was holed up in a Custer, S.D. motel room on March 24, 2009 when local officers arrived in response to a report that McAlexander might be suicidal.
The 10-year DPD veteran is accused of firing her weapon at the responding officers, none of whom was injured.
At the sentencing, the state's attorney said McAlexander had not taken full responsibility for her actions and noted her history of firing guns when emotional.
According to The Denver Post, McAlexander faced weapons charges in 2006 after firing at a television and at the walls of her home in Adams County. Like the March 24 incident, McAlexander was reportedly suicidal at the time.
A judge acquitted McAlexander of those charges and an appeal by prosecutors was not successful.
McAlexander, who originally faced attempted murder charges, eventually pleaded not guilty to the 2009 charges was convicted by a jury. She has been in custody since the trial
Kachina McAlexander, who resigned from her job with DPD last April, was previously convicted of three counts of aggravated assault on a law enforcement officer and one count of reckless use of a firearm.
McAlexander was sentenced Tuesday to five years for each of the three counts but the judge suspended three years of each sentence. The judge also ordered that the reduced sentence be served concurrently, meaning McAlexander will now spend two years behind bars unless she is paroled early. The judge told McAlexander she would be eligible after one year.
McAlexander spoke in court Tuesday, apologizing for her actions, saying she was scared and would never try to intentionally hurt another law enforcement officer.
McAlexander was holed up in a Custer, S.D. motel room on March 24, 2009 when local officers arrived in response to a report that McAlexander might be suicidal.
The 10-year DPD veteran is accused of firing her weapon at the responding officers, none of whom was injured.
At the sentencing, the state's attorney said McAlexander had not taken full responsibility for her actions and noted her history of firing guns when emotional.
According to The Denver Post, McAlexander faced weapons charges in 2006 after firing at a television and at the walls of her home in Adams County. Like the March 24 incident, McAlexander was reportedly suicidal at the time.
A judge acquitted McAlexander of those charges and an appeal by prosecutors was not successful.
McAlexander, who originally faced attempted murder charges, eventually pleaded not guilty to the 2009 charges was convicted by a jury. She has been in custody since the trial
Former Officer Robert Brooks Could Get New Murder Trial
A former Calverton Park Police Officer sentenced to life in prison for killing his fiancé, a Normandy Police Officer, could get a new trial. This comes after the Missouri Supreme Court threw out the conviction Tuesday, sending the case back to Jefferson County for a new trial.
Normandy Police Chief Frank Mininni calls Amanda Cates a great police officer and says he still struggles with her death.
Now, Chief Mininni and others are struggling with the Missouri high courts 14 page decision.
"I was shocked. I was in shock, said Mininni reacting to the decision."
The move throws out the conviction of former Calverton Park Police Officer Robert Brooks.
"I don't think you'd be human if it didn't make you angry," explained Mininni.
In August of 2007, Brooks was convicted of shooting and killing his 26 year old fiancé, Normandy Police Officer Amanda Cates.
The incident happened a year earlier at the Crystal City home that Cates and Brooks shared. Cates was a school resource officer at Normandy Middle School. Mininni, who sat through the first trial, says coping with Amanda's death has been tough.
The prospect of another trial is daunting.
Mininni told us, "I think the most difficult part of this is that were going to have to sit in a courtroom with Amanda's family again. Were going to have to re-live everything that happened night."
In a unanimous decision, the Supreme Court ruled that prosecutors violated Brooks' constitutional rights by using his right to remain silent against him. The court ruled that during the trial prosecutors pointed out that Brooks would not tell them what happened the night of the killing after he was read his Miranda Rights.
The court said those statements by prosecutors implied that Brooks was guilty because he didn't talk.
Joe Yeckel and Michael Gross represented brooks at the Missouri Supreme Court.
"I felt that Mr. Brooks didn't get a fair trial the first go around and the Supreme Court is giving him another opportunity to have a fair trial," said Yeckel.
Memories of Amanda are at the Normandy Police Department and at a nearby park. Mininni says he's still waiting for justice for Amanda.
He told us, "We're confident that the outcome of this new trial will be the exact same as the last trial."
The Normandy Police Department and Cates family have started a scholarship in Amanda's memory.
A spokesperson with the Missouri Attorney Generals Office tells us they haven't decided yet whether to ask for another hearing on the case before the Supreme Court.
Jefferson County Prosecuting Attorney Forrest Wegge says he will re-try the case if it comes back to his office.
Normandy Police Chief Frank Mininni calls Amanda Cates a great police officer and says he still struggles with her death.
Now, Chief Mininni and others are struggling with the Missouri high courts 14 page decision.
"I was shocked. I was in shock, said Mininni reacting to the decision."
The move throws out the conviction of former Calverton Park Police Officer Robert Brooks.
"I don't think you'd be human if it didn't make you angry," explained Mininni.
In August of 2007, Brooks was convicted of shooting and killing his 26 year old fiancé, Normandy Police Officer Amanda Cates.
The incident happened a year earlier at the Crystal City home that Cates and Brooks shared. Cates was a school resource officer at Normandy Middle School. Mininni, who sat through the first trial, says coping with Amanda's death has been tough.
The prospect of another trial is daunting.
Mininni told us, "I think the most difficult part of this is that were going to have to sit in a courtroom with Amanda's family again. Were going to have to re-live everything that happened night."
In a unanimous decision, the Supreme Court ruled that prosecutors violated Brooks' constitutional rights by using his right to remain silent against him. The court ruled that during the trial prosecutors pointed out that Brooks would not tell them what happened the night of the killing after he was read his Miranda Rights.
The court said those statements by prosecutors implied that Brooks was guilty because he didn't talk.
Joe Yeckel and Michael Gross represented brooks at the Missouri Supreme Court.
"I felt that Mr. Brooks didn't get a fair trial the first go around and the Supreme Court is giving him another opportunity to have a fair trial," said Yeckel.
Memories of Amanda are at the Normandy Police Department and at a nearby park. Mininni says he's still waiting for justice for Amanda.
He told us, "We're confident that the outcome of this new trial will be the exact same as the last trial."
The Normandy Police Department and Cates family have started a scholarship in Amanda's memory.
A spokesperson with the Missouri Attorney Generals Office tells us they haven't decided yet whether to ask for another hearing on the case before the Supreme Court.
Jefferson County Prosecuting Attorney Forrest Wegge says he will re-try the case if it comes back to his office.
Additional Charges Have Been Filed Against Officer Jaymin Murphy
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
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
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.
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