A former West Virginia small-town police officer was arrested Friday, accused of breaking his daughter's ex-boyfriend’s lower jaw during a January altercation.
William G. George, 41, of Bonita Springs, was charged with felony aggravated battery. He was released on pre-trial supervision. George was employed by Reedsville Police Department and lists retirement on his arrest report.
According to Lee County Sheriff's Office reports:
On Jan. 19, George's daughter, whose name was not released, and the teenage boy met at Coconut Point Mall to exchange property after they split as a couple. George parked nearby and listened to the conversation through a cell phone. The boy said he heard tires screeching, saw George get out of the car and then hit him repeatedly in the head. The boy got George to the ground, but a friend who was waiting nearby told the boy to let the 6-foot-tall, 220 pound former cop up. George left.
At first the boy and his mother, Keri G. Snider, 41, did not want to press charges. But the boy began having face and head pains. He sought medical attention and the broken mandible was found.
On Friday, George went to the Lee County Jail and surrendered.
Monday, March 01, 2010
Former Officer Faron White Expected to be Released from Prison
For 21 years, White fought crime in the city of Decatur.
"He was always the go-to guy. He always seem to know the answer," said John Bradford, who is now retired from the Decatur Police Department.
One day in January of 2009, White ended up on the wrong side of the law when he staged his own kidnapping with accomplice Sarah Richardson.
Bradford supervised White a few years before the incident.
"He was a great guy. It was just a total shock that he got involved with this," said Bradford.
Bradford believes White has some roads to mend when he gets out of prison. Namely, with the men and women who tirelessly searched for him.
"Those guys went at it 24-7, virtually not eating or sleeping, following every lead they could imagine in hopes of finding somebody they respected as a supervisor and a good friend. I hope he finds a way to somehow bring closure for those fellows for what he put them through," said Bradford.
Bradford hopes White will be able to land on his feet once he is released from prison. He'll have to find a job.
"To me, it's just obvious that the guy fell on some rough times, made some mistakes that snow balled on him and just got worse. It just got to the point that he couldn't get out of it and he did something very, very stupid," said Bradford.
White pleaded guilty to a federal theft charge for stealing $82,000 from the Decatur Police Department. A judge sentenced White to 16 months in prison.
He'll be getting out three months early, but will then be on supervised released for five years.
White's attorney, Jake Watson, says his client plans to get in the cabinet making business when he's released.
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Officer Keith Hicks Pleads Guilty to Harassing Women
A Camden police officer who served as a driver and ever-present confidant to former mayor Gwendolyn Faison has pleaded guilty to harassing women.
Keith Hicks, a 19-year veteran of the city police force, admitted Monday that twice last year he ordered women into his personal truck when he was off duty but in uniform, and touched them "offensively.''
He also admitted that he once demanded that a woman partially undress before she was processed for an outstanding warrant.
The 51-year-old Hicks, who lives in Gloucester Township, was suspended from the force in August 2009.
As a result of his plea, he is expected to be sentenced to probation and must forfeit his police badge.
His lawyer, William Buckman, did not immediately return a call.
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Keith Hicks, a 19-year veteran of the city police force, admitted Monday that twice last year he ordered women into his personal truck when he was off duty but in uniform, and touched them "offensively.''
He also admitted that he once demanded that a woman partially undress before she was processed for an outstanding warrant.
The 51-year-old Hicks, who lives in Gloucester Township, was suspended from the force in August 2009.
As a result of his plea, he is expected to be sentenced to probation and must forfeit his police badge.
His lawyer, William Buckman, did not immediately return a call.
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More Information
Officer Jorge Ibarra Charged with Drunk Driving
A McAllen police officer has been suspended without pay after his arrest Sunday on suspicion of driving drunk.
Jorge Ibarra, 43, of San Juan, refused to take a Breathalyzer test after state troopers pulled him over just before 3 a.m. near the intersection of North Alamo and East Minnesota roads, north of Alamo.
Shortly before the traffic stop, Ibarra reportedly ran off the road and hit a fence, causing minor property damage, said Trooper Johnny Hernandez, spokesman for the Department of Public Safety. The officer did not hurt himself or anyone else.
He will remain on leave until the conclusion of the criminal charges against him, said McAllen police Chief Victor Rodriguez. Internal investigators have also opened their own probe into Ibarra’s alleged conduct.
Ibarra, a 12-year veteran of the department, was released from the Hidalgo County Jail on a $500 bond shortly after his arrest.
If convicted, he could face up to six months in the county jail, termination from the police force and $2,000 in fines.
Jorge Ibarra, 43, of San Juan, refused to take a Breathalyzer test after state troopers pulled him over just before 3 a.m. near the intersection of North Alamo and East Minnesota roads, north of Alamo.
Shortly before the traffic stop, Ibarra reportedly ran off the road and hit a fence, causing minor property damage, said Trooper Johnny Hernandez, spokesman for the Department of Public Safety. The officer did not hurt himself or anyone else.
He will remain on leave until the conclusion of the criminal charges against him, said McAllen police Chief Victor Rodriguez. Internal investigators have also opened their own probe into Ibarra’s alleged conduct.
Ibarra, a 12-year veteran of the department, was released from the Hidalgo County Jail on a $500 bond shortly after his arrest.
If convicted, he could face up to six months in the county jail, termination from the police force and $2,000 in fines.
Officer Torrey Sitterly Charged with Aggravated Harassment
A Herkimer village police officer who threatened to kill his former wife earlier this year was allowed to remain on duty with his service weapon until his criminal charge was resolved, officials said Monday.
Officer Torrey Sitterly was charged Jan. 17 with second-degree aggravated harassment, a misdemeanor, after he made 19 menacing phone calls within a 20-minute time span to his former wife, Kelly Stalter, of Cooperstown, state police said.
Stalter is a state trooper with Troop C based in Oneonta.
During that series of phone calls, the 31-year-old Sitterly threatened to physically harm Stalter, 29, and her boyfriend, police said. In addition to the misdemeanor charge, a temporary order of protection was also imposed for Sitterly to stay away from Stalter.
State police investigated the case. When Sitterly was charged, however, state police did not issue a press release.
Otsego County prosecutors ultimately adjourned the charge in contemplation of dismissal on Feb. 18 in Oneonta Town Court, which means the charge would be dropped in a year if Sitterly does not break any laws. The order of protection also was dropped last month.
Stalter said she hasn’t had any problems with Sitterly since the arrest, even while she occasionally encounters him during Family Court proceedings.
“I do feel safer now,” Stalter said. “This was just my way of saying I’m not going to allow this to go on anymore, and that he can’t be saying these things or making these kinds of threats.”
Sitterly could not be reached for comment Monday.
While the case was pending, Herkimer Village Police Chief Joseph Malone said he believed there was no need to suspend Sitterly, reassign him to other duties, or prohibit him from carrying a weapon on the job.
Instead, Sitterly was required to secure his firearm at the department while he was off-duty to comply with the order of protection, Malone said Monday.
“Obviously, if we felt there was any kind of threat we would have taken other action,” Malone said, who previously discussed the matter with the village’s Albany-based labor attorney, Bryan Goldberger. “We felt there was no need for any type of action, just based on the circumstances and what I know about it.”
Goldberger could not be reached Monday.
Sitterly, one of the department’s 21 full-time officers, has been with Herkimer Police for three years and previously was employed by the Fort Plain Police Department and the Montgomery County Sheriff’s Office.
Stalter on Monday declined to elaborate on the details of what happened with Sitterly because they have a child together. Their divorce was finalized in August, but they still have matters pending in Family Court, she said.
“Both agencies – state police and the village of Herkimer police – acted in the best manner they could,” said Stalter, whose own Troop C investigated the incident. “They were professional, and both agencies were more than willing to help me with whatever it was that I needed.”
News of Sitterly’s threats drew comparisons to a more serious domestic incident involving a police officer that occurred less four months earlier. In September, Utica police Investigator Joseph Longo Jr. stabbed his wife, Kristin, to death before killing himself shortly after the couple began divorce proceedings.
Now, the Utica Police Department faces a potential lawsuit alleging that it failed to do enough to prevent Longo from killing his wife after she repeatedly expressed concerns about Longo’s mental state. In Longo’s case, however, the department did take away his firearms and reassigned his duties.
Eugene O'Donnell, professor of police studies at John Jay College of Criminal Justice and a former New York City police officer, said it would be unfair to question Malone’s judgment without knowing how immediate the threat really was.
“You have to be careful as a police chief not to rush to judgment,” O’Donnell said. “If there’s going to be a perception that the chief’s kneejerk reaction is to immediately take adverse personnel action against an officer, then that could result in a collapse of morale at the agency. Punish first and inquire later is not fair, and it’s not the right way to do things.”
Sitterly is the latest among a series of Herkimer police officers to find themselves in trouble with the law:
* Investigator Robert Risi, 42, currently is serving 1 to 3 years in state prison after he admitted to stealing nearly $16,000 from the Herkimer Police Department’s evidence room to fuel his gambling addiction.
* Officer Shauna Wright, 40, was charged by state police with second-degree harassment, a violation, in May 2009 following a confrontation with her sister-in-law, Heather Wright, in the parking lot at West Canada High School. Shauna Wright was ticketed to appear in Newport Town Court, but the outcome of that case could not be determined Monday.
Malone acknowledged these incidents involving the three officers have placed a dark cloud over the department.
“Do we suffer a black eye for a while? Yes, but you retain your professionalism and move on,” Malone said. “Everyone has problems in their lives, and we’re obviously held to a higher standard in the public’s eye, so it becomes more of an issue than the people we deal with on a daily basis with these same issues that aren’t police officers.”
Officer Torrey Sitterly was charged Jan. 17 with second-degree aggravated harassment, a misdemeanor, after he made 19 menacing phone calls within a 20-minute time span to his former wife, Kelly Stalter, of Cooperstown, state police said.
Stalter is a state trooper with Troop C based in Oneonta.
During that series of phone calls, the 31-year-old Sitterly threatened to physically harm Stalter, 29, and her boyfriend, police said. In addition to the misdemeanor charge, a temporary order of protection was also imposed for Sitterly to stay away from Stalter.
State police investigated the case. When Sitterly was charged, however, state police did not issue a press release.
Otsego County prosecutors ultimately adjourned the charge in contemplation of dismissal on Feb. 18 in Oneonta Town Court, which means the charge would be dropped in a year if Sitterly does not break any laws. The order of protection also was dropped last month.
Stalter said she hasn’t had any problems with Sitterly since the arrest, even while she occasionally encounters him during Family Court proceedings.
“I do feel safer now,” Stalter said. “This was just my way of saying I’m not going to allow this to go on anymore, and that he can’t be saying these things or making these kinds of threats.”
Sitterly could not be reached for comment Monday.
While the case was pending, Herkimer Village Police Chief Joseph Malone said he believed there was no need to suspend Sitterly, reassign him to other duties, or prohibit him from carrying a weapon on the job.
Instead, Sitterly was required to secure his firearm at the department while he was off-duty to comply with the order of protection, Malone said Monday.
“Obviously, if we felt there was any kind of threat we would have taken other action,” Malone said, who previously discussed the matter with the village’s Albany-based labor attorney, Bryan Goldberger. “We felt there was no need for any type of action, just based on the circumstances and what I know about it.”
Goldberger could not be reached Monday.
Sitterly, one of the department’s 21 full-time officers, has been with Herkimer Police for three years and previously was employed by the Fort Plain Police Department and the Montgomery County Sheriff’s Office.
Stalter on Monday declined to elaborate on the details of what happened with Sitterly because they have a child together. Their divorce was finalized in August, but they still have matters pending in Family Court, she said.
“Both agencies – state police and the village of Herkimer police – acted in the best manner they could,” said Stalter, whose own Troop C investigated the incident. “They were professional, and both agencies were more than willing to help me with whatever it was that I needed.”
News of Sitterly’s threats drew comparisons to a more serious domestic incident involving a police officer that occurred less four months earlier. In September, Utica police Investigator Joseph Longo Jr. stabbed his wife, Kristin, to death before killing himself shortly after the couple began divorce proceedings.
Now, the Utica Police Department faces a potential lawsuit alleging that it failed to do enough to prevent Longo from killing his wife after she repeatedly expressed concerns about Longo’s mental state. In Longo’s case, however, the department did take away his firearms and reassigned his duties.
Eugene O'Donnell, professor of police studies at John Jay College of Criminal Justice and a former New York City police officer, said it would be unfair to question Malone’s judgment without knowing how immediate the threat really was.
“You have to be careful as a police chief not to rush to judgment,” O’Donnell said. “If there’s going to be a perception that the chief’s kneejerk reaction is to immediately take adverse personnel action against an officer, then that could result in a collapse of morale at the agency. Punish first and inquire later is not fair, and it’s not the right way to do things.”
Sitterly is the latest among a series of Herkimer police officers to find themselves in trouble with the law:
* Investigator Robert Risi, 42, currently is serving 1 to 3 years in state prison after he admitted to stealing nearly $16,000 from the Herkimer Police Department’s evidence room to fuel his gambling addiction.
* Officer Shauna Wright, 40, was charged by state police with second-degree harassment, a violation, in May 2009 following a confrontation with her sister-in-law, Heather Wright, in the parking lot at West Canada High School. Shauna Wright was ticketed to appear in Newport Town Court, but the outcome of that case could not be determined Monday.
Malone acknowledged these incidents involving the three officers have placed a dark cloud over the department.
“Do we suffer a black eye for a while? Yes, but you retain your professionalism and move on,” Malone said. “Everyone has problems in their lives, and we’re obviously held to a higher standard in the public’s eye, so it becomes more of an issue than the people we deal with on a daily basis with these same issues that aren’t police officers.”
Officer Jared Bledsoe & Wife Charged with Child Endangerment
A Las Vegas police officer and his wife will be charged with child endangerment with substantial bodily harm after their 2-year-old shot himself with the officer’s gun in February.
Las Vegas Metro police Officer Jared Bledsoe and his wife, Shawnee Bledsoe, both 27, face one count of the felony charge after their son discovered a loaded gun in the night stand after he was put to bed.
The toddler, Jared Benjamin Bledsoe, was hit in the arm and abdomen after the gun went off and was at one point in critical condition after the gun discharged.
The complaint, made in Moapa Valley Township Justice Court, said the toddler suffered “unjustifiable physical pain and substantial bodily harm.”
Las Vegas Metro police Officer Jared Bledsoe and his wife, Shawnee Bledsoe, both 27, face one count of the felony charge after their son discovered a loaded gun in the night stand after he was put to bed.
The toddler, Jared Benjamin Bledsoe, was hit in the arm and abdomen after the gun went off and was at one point in critical condition after the gun discharged.
The complaint, made in Moapa Valley Township Justice Court, said the toddler suffered “unjustifiable physical pain and substantial bodily harm.”
Officer Shaun Harder Pleaded Not Guilty To Aggravated Menacing
An Elmore police officer and humane society volunteer has denied threatening members of a horse rescue group last month on his Facebook page.
Shaun Harder, 23, Elmore, pleaded not guilty today to one misdemeanor count of aggravated menacing in Ottawa County Municipal Court. He was released on a recognizance bond and will have a pre-trial next month, said his attorney, Tom DeBacco of Port Clinton.
Harder is charged with posting a message on Facebook that threatened Arabian Horse Rescue, a group that has on-going disagreements with the Humane Society of Ottawa County over malnourished horses the humane society confiscated in January from Robin Vess’ Carroll Township farm.
“The horses need ppl (sic.) like us; the Arabian rescue group needs to be slaughtered like livestock,” authorities allege Harder wrote.
Authorities arrested Harder Friday, and he spent the weekend in jail, said Detective Amy Harrell of the Ottawa County Sheriff’s Office.
This comes after the FBI agents from Toledo investigated the posting when ARM’s attorney, Leonard Yelsky of Toledo, called them and reported it, she said. They decided not to charge him federally and turned the case over to the sheriff’s office.
Shaun Harder, 23, Elmore, pleaded not guilty today to one misdemeanor count of aggravated menacing in Ottawa County Municipal Court. He was released on a recognizance bond and will have a pre-trial next month, said his attorney, Tom DeBacco of Port Clinton.
Harder is charged with posting a message on Facebook that threatened Arabian Horse Rescue, a group that has on-going disagreements with the Humane Society of Ottawa County over malnourished horses the humane society confiscated in January from Robin Vess’ Carroll Township farm.
“The horses need ppl (sic.) like us; the Arabian rescue group needs to be slaughtered like livestock,” authorities allege Harder wrote.
Authorities arrested Harder Friday, and he spent the weekend in jail, said Detective Amy Harrell of the Ottawa County Sheriff’s Office.
This comes after the FBI agents from Toledo investigated the posting when ARM’s attorney, Leonard Yelsky of Toledo, called them and reported it, she said. They decided not to charge him federally and turned the case over to the sheriff’s office.
Vice Officer Samuel Roccaforte Arrested for Tampering with Records
A Houston Police Department vice officer appeared in court this morning after being arrested during the weekend on two charges of tampering with a government record in connection with a prostitution arrest.
Samuel Anthony Roccaforte, 57, is accused of arresting a woman for prostitution and filing a false police record about what the 45-year-old said in her bedroom.
The woman, whose prostitution charges have been dropped, protested being arrested for offering sex in exchange for money.
On tape, the officer can be heard saying, “Well, you did, you know you did, I know you did. There's no audio, there's no video. It's gonna be my word against yours and who do you think they're going to believe?” according to court records.
Documents show Roccaforte called the woman after seeing an advertisement with her phone number on a website. The woman invited the officer to her apartment and once inside, into her bedroom, where she invited him to place a donation on a table.
Because Roccaforte began asking questions about having sex for money, the woman believed he was a police officer, the charging document shows. She said she did not provide that type of service.
Roccaforte arrested the woman for prostitution and wrote that she agreed to have sex for $200.
Roccaforte is free after posting $4,000 bond Sunday. Both charges stem from the same incident. The state jail felony is punishable by a maximum of two years behind bars.
Harris County records show that the woman has been convicted of DWI and was placed on deferred adjudication for drug possession.
Roccaforte's attorney Chip Lewis said he had not heard the tape.
“Our preliminary investigation directly contradicts the state's version,” Lewis said. “However, I will not be able to be more specific until we've had an opportunity to review the evidence.”
Calls to HPD were not immediately returned.
Samuel Anthony Roccaforte, 57, is accused of arresting a woman for prostitution and filing a false police record about what the 45-year-old said in her bedroom.
The woman, whose prostitution charges have been dropped, protested being arrested for offering sex in exchange for money.
On tape, the officer can be heard saying, “Well, you did, you know you did, I know you did. There's no audio, there's no video. It's gonna be my word against yours and who do you think they're going to believe?” according to court records.
Documents show Roccaforte called the woman after seeing an advertisement with her phone number on a website. The woman invited the officer to her apartment and once inside, into her bedroom, where she invited him to place a donation on a table.
Because Roccaforte began asking questions about having sex for money, the woman believed he was a police officer, the charging document shows. She said she did not provide that type of service.
Roccaforte arrested the woman for prostitution and wrote that she agreed to have sex for $200.
Roccaforte is free after posting $4,000 bond Sunday. Both charges stem from the same incident. The state jail felony is punishable by a maximum of two years behind bars.
Harris County records show that the woman has been convicted of DWI and was placed on deferred adjudication for drug possession.
Roccaforte's attorney Chip Lewis said he had not heard the tape.
“Our preliminary investigation directly contradicts the state's version,” Lewis said. “However, I will not be able to be more specific until we've had an opportunity to review the evidence.”
Calls to HPD were not immediately returned.
Trial Starts for Officer Kenneth Tomlinson II Charged with Sexually Assaulting Boy Scout
The top police officer in a remote eastern Missouri town was ordered to stand trial Monday on charges that he sexually assaulted two members of the Boy Scout troop he led after an investigator testified that the officer had confessed to the crimes.
Kenneth Tomlinson II, 42, faces 16 counts of sodomy. Madison County Judge Robin Fulton set an arraignment date of March 18 following emotional testimony at the preliminary hearing, at which only prosecutors presented evidence. Fulton determined they had enough to warrant a trial.
Tomlinson, who stands about 6-foot-2 and weighs well over 300 pounds, sat passively during the hearing, his wrists cuffed in front of him. The alleged victims, ages 12 and 14, were also in the courtroom but mostly looked away from him.
Fulton closed the hearing to the public during testimony from the boys. The Associated Press generally does not identify those who say they were victims of sex crimes.
During the open session, a teenage girl sobbed as she testified that she became aware of the abuse on Jan. 2, when she found sexually explicit text messages on the 14-year-old boy's phone. She told her parents, who contacted police.
The case was turned over to the Missouri State Highway Patrol. Investigator Scott Rawson was the first to interview Tomlinson.
"He dropped his head," Rawson testified. "I said, 'This happened, didn't it?' He shook his head yes."
Rawson said Tomlinson admitted the assaults began last spring, usually on Mondays after Scout meetings, and usually in his truck. Sometimes, Rawson said, Tomlinson would drive the boys to an old lead mine or an industrial park. Other times, the assaults happened at the location of the Scout meetings, Rawson said.
Public defender Susan DeGeorge asked whether Rawson had taped the confession, and Rawson acknowledged he was able to tape only part of it.
A probable cause statement from the Highway Patrol also said Tomlinson admitted videotaping some of the acts. The statement said Tomlinson and the boys viewed the video on the camera screen, then he destroyed the recordings.
Tomlinson joined the police department in Fredericktown — a community of 4,100 about 80 miles southwest of St. Louis — as a patrolman in 1997. He was promoted to captain, the equivalent of the town's police chief, in April. Tomlinson is on unpaid leave until the case is adjudicated, and he remains jailed on a $100,000 cash-only bond.
The judge on Monday denied a request from DeGeorge to reduce the bond and allow Tomlinson to stay near relatives in the Chicago area.
DeGeorge left the hearing without commenting to reporters.
Joe Mueller of the Boy Scouts of America's Greater St. Louis Council said the council has not been contacted by police or prosecutors and officials did not previously know that the victims were members of Tomlinson's Scout troops.
Mueller said Tomlinson had led the troops in Fredericktown since 1998. His association with Scouting was revoked after his arrest.
Kenneth Tomlinson II, 42, faces 16 counts of sodomy. Madison County Judge Robin Fulton set an arraignment date of March 18 following emotional testimony at the preliminary hearing, at which only prosecutors presented evidence. Fulton determined they had enough to warrant a trial.
Tomlinson, who stands about 6-foot-2 and weighs well over 300 pounds, sat passively during the hearing, his wrists cuffed in front of him. The alleged victims, ages 12 and 14, were also in the courtroom but mostly looked away from him.
Fulton closed the hearing to the public during testimony from the boys. The Associated Press generally does not identify those who say they were victims of sex crimes.
During the open session, a teenage girl sobbed as she testified that she became aware of the abuse on Jan. 2, when she found sexually explicit text messages on the 14-year-old boy's phone. She told her parents, who contacted police.
The case was turned over to the Missouri State Highway Patrol. Investigator Scott Rawson was the first to interview Tomlinson.
"He dropped his head," Rawson testified. "I said, 'This happened, didn't it?' He shook his head yes."
Rawson said Tomlinson admitted the assaults began last spring, usually on Mondays after Scout meetings, and usually in his truck. Sometimes, Rawson said, Tomlinson would drive the boys to an old lead mine or an industrial park. Other times, the assaults happened at the location of the Scout meetings, Rawson said.
Public defender Susan DeGeorge asked whether Rawson had taped the confession, and Rawson acknowledged he was able to tape only part of it.
A probable cause statement from the Highway Patrol also said Tomlinson admitted videotaping some of the acts. The statement said Tomlinson and the boys viewed the video on the camera screen, then he destroyed the recordings.
Tomlinson joined the police department in Fredericktown — a community of 4,100 about 80 miles southwest of St. Louis — as a patrolman in 1997. He was promoted to captain, the equivalent of the town's police chief, in April. Tomlinson is on unpaid leave until the case is adjudicated, and he remains jailed on a $100,000 cash-only bond.
The judge on Monday denied a request from DeGeorge to reduce the bond and allow Tomlinson to stay near relatives in the Chicago area.
DeGeorge left the hearing without commenting to reporters.
Joe Mueller of the Boy Scouts of America's Greater St. Louis Council said the council has not been contacted by police or prosecutors and officials did not previously know that the victims were members of Tomlinson's Scout troops.
Mueller said Tomlinson had led the troops in Fredericktown since 1998. His association with Scouting was revoked after his arrest.
84-Year-Old Man Tasered by Officer
The Waupaca County Sheriff's Department says an officer who used a stun gun on an 84-year-old man acted within department policy and procedure.
The department says the man, who is a resident of the Wisconsin Veterans Home in King, was suicidal and became combative with the officer last Monday.
After the officer issued several warnings to comply and warned about the Taser, the officer stunned the man, authorities say.
The man was taken away by ambulance for treatment. We were told last week he was doing fine.
The department says the man, who is a resident of the Wisconsin Veterans Home in King, was suicidal and became combative with the officer last Monday.
After the officer issued several warnings to comply and warned about the Taser, the officer stunned the man, authorities say.
The man was taken away by ambulance for treatment. We were told last week he was doing fine.
Officer Charged with Domestic Violence
A 52-year-old OPP officer has been charged with assault after an off-duty domestic incident, police said Monday.
On Feb. 26, the OPP professional standards bureau finished an investigation into the December 2009 domestic incident.
As a result, the officer was arrested and charged with assault, police said. The man was released from custody on a promise to appear in court on March 23.
Police said they will not release the officer's name to protect the identity of the victim. Police have not released any details of the assault.
The officer is a 16-year veteran of the Stormont, Dundas and Glengarry OPP detachment.
He has been assigned to administrative duties, police said.
On Feb. 26, the OPP professional standards bureau finished an investigation into the December 2009 domestic incident.
As a result, the officer was arrested and charged with assault, police said. The man was released from custody on a promise to appear in court on March 23.
Police said they will not release the officer's name to protect the identity of the victim. Police have not released any details of the assault.
The officer is a 16-year veteran of the Stormont, Dundas and Glengarry OPP detachment.
He has been assigned to administrative duties, police said.
Corrections Officer James Mikesell Accused of Having Sex with Inmate
A Louisville Metro Corrections officer accused of having sex with an inmate appeared before a judge Monday morning to answer to that charge and others.
During a proceeding that lasted less than five minutes, Officer James Mikesell entered a plea of not guilty in Jefferson District Court.
Mikesell is charged with tampering with physical evidence, sexual assault and official misconduct. The charges stem from what has been described as an "inappropriate relationship" with a female inmate.
"Mr. Mikesell maintains his innocence of all these charges," said Steve Schroering, Mikesell's attorney. "We're awaiting any evidence that they say they have to review that so we can actively defend the case."
Mikesell is on unpaid leave from Metro Corrections and has been removed from a freshman high school coaching position at Butler Traditional High School pending the outcome of the case.
He is scheduled to return to court for a pre-trial hearing March 26.
During a proceeding that lasted less than five minutes, Officer James Mikesell entered a plea of not guilty in Jefferson District Court.
Mikesell is charged with tampering with physical evidence, sexual assault and official misconduct. The charges stem from what has been described as an "inappropriate relationship" with a female inmate.
"Mr. Mikesell maintains his innocence of all these charges," said Steve Schroering, Mikesell's attorney. "We're awaiting any evidence that they say they have to review that so we can actively defend the case."
Mikesell is on unpaid leave from Metro Corrections and has been removed from a freshman high school coaching position at Butler Traditional High School pending the outcome of the case.
He is scheduled to return to court for a pre-trial hearing March 26.
Const. Doug Lemna Accused of Using Excessive Force
A longtime veteran of the Abbotsford, B.C., police department has been charged with assault.
Const. Doug Lemna is accused of using excessive force on a mischief suspect in September 2009.
Police say the 19-year member was responding to a disturbance call on Jasper Court around 4 a.m. when two suspects believed to be yelling and breaking windows fled on bikes.
The duo was eventually located three-and-a-half blocks away. The alleged assault happened while one of the suspects was being detained and other officers went back to the scene to investigate.
Abbotsford Police Chief Constable Bob Rich ordered an investigation after "an issue with the use for force" used by Lemna was brought to the department's attention by a member reviewing the case file.
A criminal charge was recommended after the completion of a probe by the department's professional standards section.
Crown Counsel approved a charge of assault late Friday night.
Lemna was re-assigned to desk duties in October, where he remains.
This is the second investigation into an Abbotsford police officer in recent months.
In February, B.C.'s Police Complaint Commissioner ordered a public hearing into the conduct Const. Alex Wood after he allegedly broke a man's finger while seizing his camera in September 2008.
Const. Doug Lemna is accused of using excessive force on a mischief suspect in September 2009.
Police say the 19-year member was responding to a disturbance call on Jasper Court around 4 a.m. when two suspects believed to be yelling and breaking windows fled on bikes.
The duo was eventually located three-and-a-half blocks away. The alleged assault happened while one of the suspects was being detained and other officers went back to the scene to investigate.
Abbotsford Police Chief Constable Bob Rich ordered an investigation after "an issue with the use for force" used by Lemna was brought to the department's attention by a member reviewing the case file.
A criminal charge was recommended after the completion of a probe by the department's professional standards section.
Crown Counsel approved a charge of assault late Friday night.
Lemna was re-assigned to desk duties in October, where he remains.
This is the second investigation into an Abbotsford police officer in recent months.
In February, B.C.'s Police Complaint Commissioner ordered a public hearing into the conduct Const. Alex Wood after he allegedly broke a man's finger while seizing his camera in September 2008.
Civil Trial Begins for Officer Jason Smith
A civil trial began Monday in Trumbull County for a police officer involved in a fatal car accident.
Cassandra Thompson died in 2006 after being hit by a Cortland police cruiser driven by officer Jason Smith on South High Street.
Troopers investigating the accident then said the 16-year-old walked out in front of the cruiser, which didn't have its sirens or lights activated even though the officer was responding to a fight at a high rate of speed. Police did not have sufficient evidence to charge patrolman Jason Smith, who was driving the cruiser, with a crime.
Surviving members of the victim are seeking damages from the city of Cortland, its police department and Smith.
A jury in the wrongful death lawsuit was seated Monday and began hearing testimony. The trial is expected to last several days.
Cassandra Thompson died in 2006 after being hit by a Cortland police cruiser driven by officer Jason Smith on South High Street.
Troopers investigating the accident then said the 16-year-old walked out in front of the cruiser, which didn't have its sirens or lights activated even though the officer was responding to a fight at a high rate of speed. Police did not have sufficient evidence to charge patrolman Jason Smith, who was driving the cruiser, with a crime.
Surviving members of the victim are seeking damages from the city of Cortland, its police department and Smith.
A jury in the wrongful death lawsuit was seated Monday and began hearing testimony. The trial is expected to last several days.
Trial to Begin for Officer Michael Ficken Accused of Misconduct
A jury trial involving 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 of last year with officer misconduct, fifth-degree assault, disorderly conduct and criminal damage to property. He has pleaded not guilty.
Jury selection is set to start the morning of Tuesday, March 2. Opening arguments are expected to start later that afternoon and the trial will continue into Wednesday, March 3.
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, he drove to her house in Prior Lake. When Ficken arrived, 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 went inside the house and attempted to find the 30-year-old 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 was then escorted out of the home by the woman and returned to duty. The man and woman then called 911, and Ficken was arrested by the Shakopee Police Department later that day to avoid a conflict of interest.
Following an internal investigation into the matter, Ficken was terminated from his position as a Prior Lake police officer on Sept. 21, 2009.
The Dakota County Attorney’s Office is prosecuting the case to avoid a conflict of interest.
Ficken, 34, of Savage was charged by the Dakota County Attorney’s Office in June of last year with officer misconduct, fifth-degree assault, disorderly conduct and criminal damage to property. He has pleaded not guilty.
Jury selection is set to start the morning of Tuesday, March 2. Opening arguments are expected to start later that afternoon and the trial will continue into Wednesday, March 3.
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, he drove to her house in Prior Lake. When Ficken arrived, 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 went inside the house and attempted to find the 30-year-old 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 was then escorted out of the home by the woman and returned to duty. The man and woman then called 911, and Ficken was arrested by the Shakopee Police Department later that day to avoid a conflict of interest.
Following an internal investigation into the matter, Ficken was terminated from his position as a Prior Lake police officer on Sept. 21, 2009.
The Dakota County Attorney’s Office is prosecuting the case to avoid a conflict of interest.
Officer Brian Cloninger Resigns
A North Carolina police officer has resigned after prosecutors say he tried to get a robbery victim to pick out a predetermined suspect from a photo lineup.
The Charlotte Observer reported that Officer Brian Cloninger gave the robbery victim the photo of the man he thought committed the gunpoint holdup, then urged the victim to study the suspect's face until she could pick him out.
Prosecutors say Cloninger said he tried to get a bad guy off the streets.
Prosecutors reviewed pending cases in which Cloninger's testimony was crucial and dismissed two other felonies and about 70 misdemeanor charges and traffic offenses. They say they couldn't trust Cloninger.
The former officer's attorney says he's sorry and paid for his mistake with his job.
The Charlotte Observer reported that Officer Brian Cloninger gave the robbery victim the photo of the man he thought committed the gunpoint holdup, then urged the victim to study the suspect's face until she could pick him out.
Prosecutors say Cloninger said he tried to get a bad guy off the streets.
Prosecutors reviewed pending cases in which Cloninger's testimony was crucial and dismissed two other felonies and about 70 misdemeanor charges and traffic offenses. They say they couldn't trust Cloninger.
The former officer's attorney says he's sorry and paid for his mistake with his job.
Did Officer Intentionally Strike Bicyclists?
Once a month, bicyclists converge on downtown's Woodruff Park and begin a two-hour ride through city streets. Well documented with helmet-mounted cameras, the ride is called Critical Mass, with the dual roles of good times and raised awareness.
"It is pretty controversial," said cyclist Stephen Toucet.
It's controversial because the bicyclists of Critical Mass routinely block intersections, regardless of whether they have a red light or green light. Called "corking," they say they do it because it keeps the cyclists together and makes the ride safer.
They admit that some motorists find the practice obnoxious and strongly display their annoyance.
Friday evening, they corked the intersection of Peachtree St. and Eighth. One motorist strongly took exception.
"You can't go through a red light if you're a vehicle," the motorist is heard saying on a YouTube video.
The video, shot by cyclist Matt Todd, shows the driver threatening to strike a bicyclist with his car.
"If you don't move, I'll run you over," he said just a few seconds before putting the car in gear, lightly striking a bicyclist.
The driver dares the cyclists to get his license number as he pulls what appears to be a police badge.
"A badge was the last thing I was expecting to see," said Todd. "And when he pulled it out, it was like, OK. You're trying to intimidate us, you're trying to bully us."
"Because he was a police officer, he had the option of pulling us over and giving us a ticket for going through a red light. I totally accept that," said Toucet. It makes his action inexplicable, said Toucet.
Both bicyclists say they want to file a complaint against the motorist -- if he's a police officer, and if they can ever identify him. They never got a badge or license number.
---------------------------------
You Tube Video
"It is pretty controversial," said cyclist Stephen Toucet.
It's controversial because the bicyclists of Critical Mass routinely block intersections, regardless of whether they have a red light or green light. Called "corking," they say they do it because it keeps the cyclists together and makes the ride safer.
They admit that some motorists find the practice obnoxious and strongly display their annoyance.
Friday evening, they corked the intersection of Peachtree St. and Eighth. One motorist strongly took exception.
"You can't go through a red light if you're a vehicle," the motorist is heard saying on a YouTube video.
The video, shot by cyclist Matt Todd, shows the driver threatening to strike a bicyclist with his car.
"If you don't move, I'll run you over," he said just a few seconds before putting the car in gear, lightly striking a bicyclist.
The driver dares the cyclists to get his license number as he pulls what appears to be a police badge.
"A badge was the last thing I was expecting to see," said Todd. "And when he pulled it out, it was like, OK. You're trying to intimidate us, you're trying to bully us."
"Because he was a police officer, he had the option of pulling us over and giving us a ticket for going through a red light. I totally accept that," said Toucet. It makes his action inexplicable, said Toucet.
Both bicyclists say they want to file a complaint against the motorist -- if he's a police officer, and if they can ever identify him. They never got a badge or license number.
---------------------------------
You Tube Video
Former Officer Gary Pignato Pleads Guilty to Another Charge
Former Greece Police Officer Gary F. Pignato, who already is in prison for sexually coercing a woman he met on duty, pleaded guilty today to charges involving another woman.
Pignato pleaded guilty before Monroe County Court Judge Frank P. Geraci Jr. to misdemeanors of official misconduct and second-degree criminal trespass.
He will receive two years in the Monroe County Jail to run at the same time as his sentence for the previous conviction.
Pignato, 49, is serving a prison term of two to six years for forcing a woman to have sex with him in 2008 in exchange for not reporting her for violating probation on a misdemeanor conviction for petit larceny. He was convicted after a trial last spring.
The latest charge he admitted to involves a woman who said he forced her into having sex with him in 2005 in exchange for not reporting her for smoking marijuana.
Pignato pleaded guilty before Monroe County Court Judge Frank P. Geraci Jr. to misdemeanors of official misconduct and second-degree criminal trespass.
He will receive two years in the Monroe County Jail to run at the same time as his sentence for the previous conviction.
Pignato, 49, is serving a prison term of two to six years for forcing a woman to have sex with him in 2008 in exchange for not reporting her for violating probation on a misdemeanor conviction for petit larceny. He was convicted after a trial last spring.
The latest charge he admitted to involves a woman who said he forced her into having sex with him in 2005 in exchange for not reporting her for smoking marijuana.
Sunday, February 28, 2010
Officer Chris Dixon Charged with Leaving the Scene of an Accident
One night last summer, following a Rays game, a Riverview man flagged down a police officer about a hit-and-run accident.
The man said his van was rear-ended leaving Tropicana Field. No one was injured, and there was no real damage. Typical stuff, really. Except for this:
He said the car that hit him was a marked, city police cruiser.
St. Petersburg police are investigating the crash and have zeroed in on one of their own: 25-year-old Officer Chris Dixon.
Dixon was cited in September for careless driving and leaving the scene of an accident. He has been on restricted duty, pending resolution of his case and the completion of an internal investigation.
Dixon denies involvement in the July 29 crash and has entered a not guilty plea to both charges. A pre-trial hearing is set for March 23.
"Based upon the witness identification, physical evidence, circumstantial evidence and Officer Dixon's statements/mannerisms, there is an abundance of probable cause and I am confident that Officer Dixon fled the scene of the crash," Officer Scott Blanchette wrote in his report of the incident.
Before charging Dixon, Blanchette and Officer Mike Jockers spent six weeks investigating. Among the things they say they found:
• Dixon had been assigned a cruiser for an off-duty assignment that night. He worked at a traffic post and inside the stadium.
• Two other officers who were working near the stadium that night, officers Lisa Gaskins and Richard Miranda, said they heard what sounded like a crash as they directed traffic. When they looked up, they saw a van and a police car near each other.
"It was loud enough for me to understand that two cars collided, but what took me by surprise was seeing the cruiser leave the area," Miranda said in a deposition.
Miranda later identified Dixon as the driver.
• As supervisors inspected cruisers later that night, Dixon offered information about scuff marks that were on the vehicle's front bumper. He said the marks had already been noted in a previous damage log in 2008.
Investigators later learned the 2008 damage had been fixed in January 2009. Further, a report says: "The damaged cruiser and the victim's vehicle were compared side by side and the damage on the van appeared to be almost an exact match to the cruiser."
• Dixon's GPS didn't show his cruiser at the crash site at the time it was reported. Investigators believe he may have had the system disabled at the time of the crash, then enabled it later. Dixon told investigators he knew the GPS could be disabled and had done it before, but not in this instance.
Blanchette and Jockers both noted in their reports that he behaved in a way they interpreted as being untruthful.
He rocked back and forth in his chair, had his arms folded tightly across his chest, wouldn't make eye contact and at one point had his head in his hands, they said.
When confronted with the indications he may be involved, Dixon's hands and knees started to shake, Jockers wrote.
"Several times during the course of the conversation, Officer Dixon made the unusual statement of 'I will do anything to help you prove that I did not do this,' " Blanchette wrote.
After the case is resolved and the internal report is completed, then the Police Department will weigh in. The case will be reviewed by a chain-of-command board, but any discipline is decided by the police chief alone.
Dixon's slim personnel file with the department contains no blemishes. Supervisors noted his strength in investigative techniques, and rated him acceptable in all areas, including when it came to the operation and care of his police vehicle.
Dixon's attorney, Joseph Ciarciaglino, could not be reached for comment.
In written remarks, Dixon repeatedly stated how much he enjoys being on the force.
"I really love working for this agency," he wrote.
The man said his van was rear-ended leaving Tropicana Field. No one was injured, and there was no real damage. Typical stuff, really. Except for this:
He said the car that hit him was a marked, city police cruiser.
St. Petersburg police are investigating the crash and have zeroed in on one of their own: 25-year-old Officer Chris Dixon.
Dixon was cited in September for careless driving and leaving the scene of an accident. He has been on restricted duty, pending resolution of his case and the completion of an internal investigation.
Dixon denies involvement in the July 29 crash and has entered a not guilty plea to both charges. A pre-trial hearing is set for March 23.
"Based upon the witness identification, physical evidence, circumstantial evidence and Officer Dixon's statements/mannerisms, there is an abundance of probable cause and I am confident that Officer Dixon fled the scene of the crash," Officer Scott Blanchette wrote in his report of the incident.
Before charging Dixon, Blanchette and Officer Mike Jockers spent six weeks investigating. Among the things they say they found:
• Dixon had been assigned a cruiser for an off-duty assignment that night. He worked at a traffic post and inside the stadium.
• Two other officers who were working near the stadium that night, officers Lisa Gaskins and Richard Miranda, said they heard what sounded like a crash as they directed traffic. When they looked up, they saw a van and a police car near each other.
"It was loud enough for me to understand that two cars collided, but what took me by surprise was seeing the cruiser leave the area," Miranda said in a deposition.
Miranda later identified Dixon as the driver.
• As supervisors inspected cruisers later that night, Dixon offered information about scuff marks that were on the vehicle's front bumper. He said the marks had already been noted in a previous damage log in 2008.
Investigators later learned the 2008 damage had been fixed in January 2009. Further, a report says: "The damaged cruiser and the victim's vehicle were compared side by side and the damage on the van appeared to be almost an exact match to the cruiser."
• Dixon's GPS didn't show his cruiser at the crash site at the time it was reported. Investigators believe he may have had the system disabled at the time of the crash, then enabled it later. Dixon told investigators he knew the GPS could be disabled and had done it before, but not in this instance.
Blanchette and Jockers both noted in their reports that he behaved in a way they interpreted as being untruthful.
He rocked back and forth in his chair, had his arms folded tightly across his chest, wouldn't make eye contact and at one point had his head in his hands, they said.
When confronted with the indications he may be involved, Dixon's hands and knees started to shake, Jockers wrote.
"Several times during the course of the conversation, Officer Dixon made the unusual statement of 'I will do anything to help you prove that I did not do this,' " Blanchette wrote.
After the case is resolved and the internal report is completed, then the Police Department will weigh in. The case will be reviewed by a chain-of-command board, but any discipline is decided by the police chief alone.
Dixon's slim personnel file with the department contains no blemishes. Supervisors noted his strength in investigative techniques, and rated him acceptable in all areas, including when it came to the operation and care of his police vehicle.
Dixon's attorney, Joseph Ciarciaglino, could not be reached for comment.
In written remarks, Dixon repeatedly stated how much he enjoys being on the force.
"I really love working for this agency," he wrote.
Saturday, February 27, 2010
Former Officer Christopher Swanson Will Stand Trial for Shooting
A former Salinas police officer will be required to stand trial on a felony charge of discharging his firearm with gross negligence stemming from a 2009 incident during which he and another officer fired 14 shots into a vehicle occupied by two unarmed people.
A jury trial for Christopher Swanson, 37, is scheduled to begin March 24 in the courtroom of Superior Court Judge Russell D. Scott.
Swanson was on the Salinas police force for about a year late Feb. 3, 2009, when he pulled over a Ford Expedition SUV about 11:30 p.m. in a violence-torn neighborhood in East Salinas.
The routine traffic stop turned volatile when thought he heard a pop, saw what he believed was the flash of a gun muzzle, and felt what he assumed was a bullet striking his Kevlar vest.
As he reeled away from the car, he heard several gunshots fired by officer Steven Mattocks. Swanson then opened fire.
The officers put 14 rounds into the SUV, shattering the rear window and a side window, but did not injure the occupants.
Swanson was terminated from the force, and the city of Salinas paid a settlement of $130,000 each to driver Adriana Velazquez and passenger Julio Hernandez.
Judge Scott determined Thursday that sufficient evidence was presented during pre-trial hearings to warrant a trial, concluding that Swanson "grossly overreacted" after misinterpreting a series of events.
Swanson's defense attorney, Mike Lawrence, suggested during hearings the popping sound the officer heard might have been created when Hernandez crushed a beer can while attempting to conceal it. He implied the flash could have been a reflection from Swanson's flashlight off the can, or a change purse, or CDs in the vehicle.
But Scott noted Mattocks heard and saw nothing as he stood at the passenger-side window, and opened fire because he thought Swanson yelled, "I've been shot!" Swanson testified Thursday that he didn't recall yelling "I've been shot!"
Lawrence expressed confidence Friday the evidence that will be presented during the trial will clear Swanson, a retired Marine who served two combat tours in Iraq before becoming a police officer.
"There is a substantial difference between a preliminary hearing and a jury trial," he said. "At the jury trial, all the witnesses will be subpoenaed and we're confident that we can show that the beer can played a significant part in officer Swanson's perceptions that night in a dangerous area of the city."
Swanson faces as much as three years in prison, or as little as probation, if convicted.
A jury trial for Christopher Swanson, 37, is scheduled to begin March 24 in the courtroom of Superior Court Judge Russell D. Scott.
Swanson was on the Salinas police force for about a year late Feb. 3, 2009, when he pulled over a Ford Expedition SUV about 11:30 p.m. in a violence-torn neighborhood in East Salinas.
The routine traffic stop turned volatile when thought he heard a pop, saw what he believed was the flash of a gun muzzle, and felt what he assumed was a bullet striking his Kevlar vest.
As he reeled away from the car, he heard several gunshots fired by officer Steven Mattocks. Swanson then opened fire.
The officers put 14 rounds into the SUV, shattering the rear window and a side window, but did not injure the occupants.
Swanson was terminated from the force, and the city of Salinas paid a settlement of $130,000 each to driver Adriana Velazquez and passenger Julio Hernandez.
Judge Scott determined Thursday that sufficient evidence was presented during pre-trial hearings to warrant a trial, concluding that Swanson "grossly overreacted" after misinterpreting a series of events.
Swanson's defense attorney, Mike Lawrence, suggested during hearings the popping sound the officer heard might have been created when Hernandez crushed a beer can while attempting to conceal it. He implied the flash could have been a reflection from Swanson's flashlight off the can, or a change purse, or CDs in the vehicle.
But Scott noted Mattocks heard and saw nothing as he stood at the passenger-side window, and opened fire because he thought Swanson yelled, "I've been shot!" Swanson testified Thursday that he didn't recall yelling "I've been shot!"
Lawrence expressed confidence Friday the evidence that will be presented during the trial will clear Swanson, a retired Marine who served two combat tours in Iraq before becoming a police officer.
"There is a substantial difference between a preliminary hearing and a jury trial," he said. "At the jury trial, all the witnesses will be subpoenaed and we're confident that we can show that the beer can played a significant part in officer Swanson's perceptions that night in a dangerous area of the city."
Swanson faces as much as three years in prison, or as little as probation, if convicted.
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.
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.
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.
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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