A part-time police officer has been suspended for two of his shifts in December after a department investigation determined he acted improperly when he fired warning shots while in pursuit of a suspect last month.
The disciplinary action against the unidentified officer was announced by Elburn Police Chief Steven Smith in a release Wednesday, bringing to a conclusion the department’s investigation into the Nov. 18 incident.
According to the release, the Elburn police officer, who the village has refused to identify, was in the 100 block of East North Street, just east of the intersection of Route 47 and North Street and about two blocks west of the Elburn Police Department at about 9:30 p.m. on Nov. 18.
At that time, he identified a man on foot who matched the description of a suspect who had about two hours earlier fled from the Elburn Metra station, about a half mile to the east on Keslinger Road, when narcotics officers affiliated with the DeKalb office of the North Central Narcotics Task Force had attempted to arrest him.
Smith said the suspect, who has yet to be identified, was the focus of the narcotic officers’ investigation at the train station.
When the officers attempted to arrest the man, he fled and eluded officers until he was spotted in Elburn about two hours later.
The Elburn officer then attempted to stop the man, but when the suspect turned to flee, the officer fired “three or four” shots into the air. Smith said the officer did not fire in the direction of the suspect and fired his weapon in an attempt to make the suspect stop.
The suspect, however, continued to flee, and eluded capture. He remains at large, Smith said.
Because the officer fired his weapon, an investigation into the matter was conducted by the department, Smith said. The investigation reviewed the officer’s statements, an inspection of the site of the incident itself, review of the dispatch tapes and interviews with people who claimed to have heard the shots.
Smith said no one saw the officer fire the shots.
Smith said the Elburn Police Department has for four years had an informal policy prohibiting officers from firing “warning shots” under any circumstances.
“It’s part of our regular firearms training, to teach our officers not to do this,” Smith said.
While the department is in the process of revising its code of procedures, including its policies governing the use of force, the current policy does not expressly prohibit warning shots.
And since there were no injuries from the incident and no criminal act is alleged, disciplinary action against the officer was limited to a suspension of two days.
Smith said the officer is retired from another police department and works two to three shifts for the Elburn Police Department a month. Elburn employs 10 part-time officers, in addition to its four full-time sworn patrol officers.
Smith said he believes the officer is “a good officer” and remains an asset to the Elburn police force.
He said he would not release the officer’s name, as he was the subject of an internal investigation.
Wednesday, December 16, 2009
Former Officer Stevie Perry Shows Up at Jail Drunk
A former Detroit police officer who pleaded no-contest to stealing $27,000 from an auto-theft tip line showed up drunk Friday at the Wayne County Jail, where he is serving weekends, a prosecutor and jail officer told a judge today.
Wayne Circuit Judge David Groner was disturbed, especially after learning that Stevie Perry had also violated jail rules on Nov. 13 when he tried to sneak a cell phone,iPod and Tylenol pills into the jail in a sealed plastic bag in his underwear.
Perry, the department’s 2001 officer of the year, pleaded no contest to a misdemeanor theft charge in October in exchange for dismissal of five felonies, if he agreed to make full restitution by his Jan. 27 sentencing date. As part of his deal, Perry was granted permission to begin serving his 32 days in jail on weekends before his sentencing date, and receive two years of probation.
A no-contest plea is not an admission of guilt but is treated as such during sentencing.
Wayne County Sheriff’s Lt. Pat Owen, who oversees the jail’s work release and tether program, said Perry was visibly drunk when he was dropped off at the jail Friday. Groner said his blood alcohol level was more than double the legal limit of .08 for a Michigan motorist to be charged with drunken driving.
Owen said Perry was held in the jail’s segregation unit for the weekend and released at 9 pm. Sunday, as his agreement states.
Perry’s lawyer Paul Bernier said his client was very sorry for his actions.
“What he did was unacceptable and he knows that and he accepts that,” Bernier told Groner. “It did happen and he apologizes.”
Groner said he was also concerned that he never learned about the Nov. 13 jail violation, in which Perry was also placed in segregation for the weekend after trying to sneak in the cell phone and other items.
“I’m pretty amazed you would conduct yourself like that given the fact that you were a police officer all these years,” Groner said.
The judge also wondered whether Perry received special treatment due to his police officer status because the Nov. 13 violation never landed Perry in court.
“If the average Joe does something like that, I guarantee you I would have heard about it,” Groner said.
In the end, Groner ordered Perry to submit to Breathalyzer tests before he enters the jail each weekend. If he tests positive for alcohol of commits any other violations, Groner told Owen to hold him past the weekend.
Perry, who resigned as part of his plea deal, was accused of depositing reward checks from the tip line into his personal bank account between June 2007 and November 2008. As an officer, Perry investigated auto thefts.
Wayne Circuit Judge David Groner was disturbed, especially after learning that Stevie Perry had also violated jail rules on Nov. 13 when he tried to sneak a cell phone,iPod and Tylenol pills into the jail in a sealed plastic bag in his underwear.
Perry, the department’s 2001 officer of the year, pleaded no contest to a misdemeanor theft charge in October in exchange for dismissal of five felonies, if he agreed to make full restitution by his Jan. 27 sentencing date. As part of his deal, Perry was granted permission to begin serving his 32 days in jail on weekends before his sentencing date, and receive two years of probation.
A no-contest plea is not an admission of guilt but is treated as such during sentencing.
Wayne County Sheriff’s Lt. Pat Owen, who oversees the jail’s work release and tether program, said Perry was visibly drunk when he was dropped off at the jail Friday. Groner said his blood alcohol level was more than double the legal limit of .08 for a Michigan motorist to be charged with drunken driving.
Owen said Perry was held in the jail’s segregation unit for the weekend and released at 9 pm. Sunday, as his agreement states.
Perry’s lawyer Paul Bernier said his client was very sorry for his actions.
“What he did was unacceptable and he knows that and he accepts that,” Bernier told Groner. “It did happen and he apologizes.”
Groner said he was also concerned that he never learned about the Nov. 13 jail violation, in which Perry was also placed in segregation for the weekend after trying to sneak in the cell phone and other items.
“I’m pretty amazed you would conduct yourself like that given the fact that you were a police officer all these years,” Groner said.
The judge also wondered whether Perry received special treatment due to his police officer status because the Nov. 13 violation never landed Perry in court.
“If the average Joe does something like that, I guarantee you I would have heard about it,” Groner said.
In the end, Groner ordered Perry to submit to Breathalyzer tests before he enters the jail each weekend. If he tests positive for alcohol of commits any other violations, Groner told Owen to hold him past the weekend.
Perry, who resigned as part of his plea deal, was accused of depositing reward checks from the tip line into his personal bank account between June 2007 and November 2008. As an officer, Perry investigated auto thefts.
Two Teachers Catch Officer Keith Ashley Getting Naughty
Two teachers caught an officer in the midst of what appeared to be a sexual encounter after spotting a leg hanging outside the door of the officer's patrol car on November 24 near the Lighthouse Christian School.
With children just feet away, Angela Russell said the leg caught her eye.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle and when we looked closer we realized they were engaging in improper conduct," she said.
The officer was in a marked police unit and was with a woman in the back seat.
"The children had to leave," Russell said.
Patrolman Keith Ashley is now being investigated as the officer involved. While Ashley wouldn't comment on the allegation, Dallas police confirm he has been taken off the street.
"He's on restricted duty," said Warren Mitchell, Dallas Police Department.
Mitchell confirmed they are "looking at" Ashley.
Two Dallas police sources said Ashley was investigating a burglary at the time of the incident. If so, it would give him an alibi at an apartment near the school. The report said a burglary victim flagged Ashley down in broad daylight to report a break-in, but that crime happened two weeks earlier.
A resident at the apartment complex said that while burglaries have occurred there, they were not at apartment 203, which was the site listed on the report.
"I was so infuriated," Russell said. "Just thinking about it again, it just infuriates me ... because every time you see one you're saying is this officer on his way to see somebody or is this officer doing his job. What is this officer doing?"
In fact, News 8 has learned the Dallas Police Department have been asking the same question. A satellite tracking system allows them to determine the whereabouts of Dallas police cars. They are using those records to determine if Ashley's car was where it was supposed to be on more than one occasion.
The internal affairs department is conducting both an administrative and criminal investigation of Ashley.
With children just feet away, Angela Russell said the leg caught her eye.
"I saw a leg hanging out of the door, and me and another teacher observed a police officer in the vehicle and when we looked closer we realized they were engaging in improper conduct," she said.
The officer was in a marked police unit and was with a woman in the back seat.
"The children had to leave," Russell said.
Patrolman Keith Ashley is now being investigated as the officer involved. While Ashley wouldn't comment on the allegation, Dallas police confirm he has been taken off the street.
"He's on restricted duty," said Warren Mitchell, Dallas Police Department.
Mitchell confirmed they are "looking at" Ashley.
Two Dallas police sources said Ashley was investigating a burglary at the time of the incident. If so, it would give him an alibi at an apartment near the school. The report said a burglary victim flagged Ashley down in broad daylight to report a break-in, but that crime happened two weeks earlier.
A resident at the apartment complex said that while burglaries have occurred there, they were not at apartment 203, which was the site listed on the report.
"I was so infuriated," Russell said. "Just thinking about it again, it just infuriates me ... because every time you see one you're saying is this officer on his way to see somebody or is this officer doing his job. What is this officer doing?"
In fact, News 8 has learned the Dallas Police Department have been asking the same question. A satellite tracking system allows them to determine the whereabouts of Dallas police cars. They are using those records to determine if Ashley's car was where it was supposed to be on more than one occasion.
The internal affairs department is conducting both an administrative and criminal investigation of Ashley.
Officer Donald D'Amour Charged with Illegally Obtaining Prescription Drugs
An officer with the Round Rock Police Department is on administrative leave after being arrested and charged with obtaining prescription medication through fraud.
Donald D'Amour, who has been with the Round Rock police for four years, surrendered to Travis County authorities Monday night after a judge issued warrants for his arrest, according to Round Rock police spokesman Eric Poteet.
Pflugerville police charged D'Amour with obtaining a controlled substance by fraud, a third-degree felony, according to arrest warrants filed Tuesday.
Round Rock Police Chief Bryan Williams placed D'Amour, 32, on administrative leave Nov. 23 after Pflugerville police notified him that D'Amour was being investigated for fraudulently placing and picking up two prescriptions for hydrocodone, a painkiller, according to the arrest warrants.
A pharmacist at an H-E-B pharmacy notified Pflugerville police after she became suspicious of a call to fill a prescription Nov. 20, the arrest warrants said. The person asked for hydrocodone through a doctor at a pain care facility where he was not a patient, the warrants said. Pflugerville police recovered videos shot at separate H-E-B pharmacies in Pflugerville on Nov. 7 and Nov. 8 showing him picking up the narcotic with fraudulent prescriptions, the warrants said.
Donald D'Amour, who has been with the Round Rock police for four years, surrendered to Travis County authorities Monday night after a judge issued warrants for his arrest, according to Round Rock police spokesman Eric Poteet.
Pflugerville police charged D'Amour with obtaining a controlled substance by fraud, a third-degree felony, according to arrest warrants filed Tuesday.
Round Rock Police Chief Bryan Williams placed D'Amour, 32, on administrative leave Nov. 23 after Pflugerville police notified him that D'Amour was being investigated for fraudulently placing and picking up two prescriptions for hydrocodone, a painkiller, according to the arrest warrants.
A pharmacist at an H-E-B pharmacy notified Pflugerville police after she became suspicious of a call to fill a prescription Nov. 20, the arrest warrants said. The person asked for hydrocodone through a doctor at a pain care facility where he was not a patient, the warrants said. Pflugerville police recovered videos shot at separate H-E-B pharmacies in Pflugerville on Nov. 7 and Nov. 8 showing him picking up the narcotic with fraudulent prescriptions, the warrants said.
Officer Garry Squires Arrested for Drunk Driving
Idaho Falls police officer Garry William Squires, who also goes by Bill, has been on the force for 15 years.
He was arrested and sentenced to three days in jail with probation.
Police officers pull over drunk drivers more often this time of year, But they don't expect to pull over another off duty officer.
"This is a very significant gap in judgement, even though he was honest about it, we can't ignore something like this, police have a special assignment that the public trusts them to take care of business with integrity," says Idaho Falls chief of police Steve Roos.
Idaho Falls police department sergeant Bill Squires is suspended from the department for three weeks- unpaid. He was arrested for *driving under the influence of alcohol about two weeks ago. Idaho State Police made the arrest.
This is how it went down, the ISP trooper was making a regular traffic stop on Saturn and Broadway when he pulled over officer Bill Squires, he gave him the breathalyzer test and with those results took him straight to jail.
Squires did not take a mug shot after he was arrested because he was immediately sited and released. Earlier that night, he had some drinks with his wife and some friends. ISP stated he was a model arrestee and the judge game him a "typical sentence."- which means, the majority of DUI cases are handled like this. He was sentenced to 90 days in jail, with 87 suspended and 18 months of supervised probation with a $500 fine.
"It's important that the public has confidence in us to take care of business. So we just want to have more transparency just so we are not questioned and people can see we are doing the right thing," says Roos.
Squires' associates describe him as an effective leader and someone they look up too. They add, it's a loss for the department.
Officer Bill Squires will be allowed to re-test for sergeant in one year. When he returns to work, his new rank will be *senior patrol officer. His pre-trial conference is set for December 29th.
He was arrested and sentenced to three days in jail with probation.
Police officers pull over drunk drivers more often this time of year, But they don't expect to pull over another off duty officer.
"This is a very significant gap in judgement, even though he was honest about it, we can't ignore something like this, police have a special assignment that the public trusts them to take care of business with integrity," says Idaho Falls chief of police Steve Roos.
Idaho Falls police department sergeant Bill Squires is suspended from the department for three weeks- unpaid. He was arrested for *driving under the influence of alcohol about two weeks ago. Idaho State Police made the arrest.
This is how it went down, the ISP trooper was making a regular traffic stop on Saturn and Broadway when he pulled over officer Bill Squires, he gave him the breathalyzer test and with those results took him straight to jail.
Squires did not take a mug shot after he was arrested because he was immediately sited and released. Earlier that night, he had some drinks with his wife and some friends. ISP stated he was a model arrestee and the judge game him a "typical sentence."- which means, the majority of DUI cases are handled like this. He was sentenced to 90 days in jail, with 87 suspended and 18 months of supervised probation with a $500 fine.
"It's important that the public has confidence in us to take care of business. So we just want to have more transparency just so we are not questioned and people can see we are doing the right thing," says Roos.
Squires' associates describe him as an effective leader and someone they look up too. They add, it's a loss for the department.
Officer Bill Squires will be allowed to re-test for sergeant in one year. When he returns to work, his new rank will be *senior patrol officer. His pre-trial conference is set for December 29th.
Officer Anthony Abbate Found Guilty of Beating Female Bartender
The Chicago Police Board has fired the officer whose 2007 beating of a female bartender was captured by a surveillance camera and shown around the world.
The board's decision Tuesday to fire Anthony Abbate comes about six months after a judge found him guilty of a felony count of aggravated battery. He was sentenced to two years probation, anger management classes and ordered to perform 130 hours of community service.
At the time of his conviction, Abbate's lawyer says it meant that he could no longer serve as a police officer. But under Chicago Police Department rules, only the police board can fire an officer.
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The board's decision Tuesday to fire Anthony Abbate comes about six months after a judge found him guilty of a felony count of aggravated battery. He was sentenced to two years probation, anger management classes and ordered to perform 130 hours of community service.
At the time of his conviction, Abbate's lawyer says it meant that he could no longer serve as a police officer. But under Chicago Police Department rules, only the police board can fire an officer.
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Former Officer Johannes Mehserle Charged with Killing Unarmed Man
The former transit officer charged in the killing of an unarmed man on an Oakland train station platform is scheduled to appear in a Los Angeles court next month.
Johannes Mehserle nodded and indicated he understood when Alameda County Superior Court Judge Morris Jacobson told him during a brief hearing Tuesday that his next hearing was set for Jan. 8 in Los Angeles County Superior Court.
The judge had ruled in October the trial should be moved out of Oakland because of excessive media coverage and racial tensions.
Mehserle is charged with the murder of 22-year-old Oscar Grant on a Bay Area Rapid Transit station platform on New Year's Day.
Attorneys for the 27-year-old Mehserle say he mistakenly pulled out his Taser instead of his handgun.
Mehserle has pleaded not guilty.
Johannes Mehserle nodded and indicated he understood when Alameda County Superior Court Judge Morris Jacobson told him during a brief hearing Tuesday that his next hearing was set for Jan. 8 in Los Angeles County Superior Court.
The judge had ruled in October the trial should be moved out of Oakland because of excessive media coverage and racial tensions.
Mehserle is charged with the murder of 22-year-old Oscar Grant on a Bay Area Rapid Transit station platform on New Year's Day.
Attorneys for the 27-year-old Mehserle say he mistakenly pulled out his Taser instead of his handgun.
Mehserle has pleaded not guilty.
Officer Reginald Jones Arrested for Fatal Shooting
A D.C. police officer was arrested Tuesday and charged with felony murder in connection with a fatal shooting about two weeks ago in Southeast Washington, police officials said.
In a case that appeared to be without recent precedent, police said Reginald Jones, who has been a member of the force for six years, was arrested in the death of Arvel S. Alston, 40.
Police said Jones "basically served as a lookout" and did not shoot Alston, who was killed in the 4300 block of Fourth Street on Dec. 1. A police source said Alston had been attempting a robbery that went awry.
Jones was on duty at the time and was at the scene in a patrol car assigned to the gun-recovery unit that he works for, a police source said. He fled when shots were fired, the source said.
Police Chief Cathy L. Lanier called Jones, 40, "a disgrace to the uniform."
"We will not allow this department to be judged by one bad apple," she said in brief remarks during a news conference at police headquarters.
Rather, she said, "we should be judged on how we handled that bad apple."
Alston and at least one other man were to carry out the robbery, according to police sources. However, the sources said, the intended victim resisted, and in the ensuing moments, Alston was fatally shot.
Three police sources said the shot that killed Alston was fired by his son.
In addition to Jones, two other men have been arrested in Alston's death, and police sources identified one of them -- Arvel Crawford -- as Alston's son.
The charge of felony murder, which faces the officer, Alston's son and the third suspect, may be brought when a death occurs during the commission of a serious felony. The death need not be intentional and may be accidental.
The intended victim of the robbery was wounded and taken to a hospital. The robbery victim's name has not been released.
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More Information: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121504412.html
In a case that appeared to be without recent precedent, police said Reginald Jones, who has been a member of the force for six years, was arrested in the death of Arvel S. Alston, 40.
Police said Jones "basically served as a lookout" and did not shoot Alston, who was killed in the 4300 block of Fourth Street on Dec. 1. A police source said Alston had been attempting a robbery that went awry.
Jones was on duty at the time and was at the scene in a patrol car assigned to the gun-recovery unit that he works for, a police source said. He fled when shots were fired, the source said.
Police Chief Cathy L. Lanier called Jones, 40, "a disgrace to the uniform."
"We will not allow this department to be judged by one bad apple," she said in brief remarks during a news conference at police headquarters.
Rather, she said, "we should be judged on how we handled that bad apple."
Alston and at least one other man were to carry out the robbery, according to police sources. However, the sources said, the intended victim resisted, and in the ensuing moments, Alston was fatally shot.
Three police sources said the shot that killed Alston was fired by his son.
In addition to Jones, two other men have been arrested in Alston's death, and police sources identified one of them -- Arvel Crawford -- as Alston's son.
The charge of felony murder, which faces the officer, Alston's son and the third suspect, may be brought when a death occurs during the commission of a serious felony. The death need not be intentional and may be accidental.
The intended victim of the robbery was wounded and taken to a hospital. The robbery victim's name has not been released.
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More Information: http://www.washingtonpost.com/wp-dyn/content/article/2009/12/15/AR2009121504412.html
Tuesday, December 15, 2009
Coast Guard Capt. Herbert Hamilton III Charged with 31 Violations
A military investigative hearing is under way for a senior Coast Guard commander facing numerous charges, including indecent acts and conduct unbecoming of an officer.
Capt. Herbert M. Hamilton III is charged with 31 violations of the Uniform Code of Military Justice. He will have the right to question witnesses at the hearing that began Tuesday at Fort Richardson in Anchorage.
Among the alleged offenses filed in November, the 48-year-old Hamilton is accused of sexual improprieties that allegedly took place in Alaska and other states and involved multiple women, including enlisted Coast Guard personnel.
Several women are expected to testify at the hearing, which is expected to last three days.
First to testify was a petty officer who said Tuesday that her short-lived relationship with the married Hamilton began weeks after he took command of the Coast Guard's Anchorage sector in summer 2008.
The woman said that the first encounter occurred when the two attended a three-day oil spill response exercise on Alaska's Kenai Peninsula. She said they shared two pitchers of beer and Hamilton began holding her hand. She said they each went to their rooms after Hamilton hugged her and said he didn't want to let her go.
Asked if she found the hug unusual, the woman said yes, then added, "I was surprised but also excited that this bright individual would be interested in me."
The woman said she sent Hamilton a text message, thanking him for the evening and reminding him about the next day's schedule. She said they continued exchanging text messages until early morning, when the woman went up to the commander's room, where she performed oral sex on him. The two then began a relationship.
When asked by a defense attorney, the petty officer denied trying to advance her career by having sex with a senior commander. Likewise, she denied feeling pressure to have sex with him because of his higher rank.
The woman ended an existing relationship to be with Hamilton, but her former boyfriend found e-mails between the two, prompting Hamilton and the woman to end their affair in early November 2008.
In an October e-mail leading to that decision, and read at the hearing, Hamilton told her he valued the relationship, "but neither of us can afford the ramifications of this getting out."
The Coast Guard has said the investigation continues, and has not ruled out charges being brought against others.
Military charging documents state that Hamilton, who also is known as Mark, used a government cell phone to send and receive sexual and amorous text messages, committed sodomy with some of the women, downloaded and stored sexually explicit material on his government-issued laptop, and photographed sexual acts.
Hamilton also is accused of fraud, adultery, indecent language and soliciting another to commit an offense. The alleged offenses cover a period between November 2004 and shortly before Hamilton was relieved of his duties in May.
At the time, the Coast Guard cited alleged misconduct and a loss of confidence in Hamilton's ability to command.
During the Coast Guard's preliminary investigation, Hamilton was temporarily assigned to the staff of the Seventeenth Coast Guard District, which covers Alaska.
Coast Guard Capt. Steven Andersen, the investigating officer presiding over the hearing, will look into the allegations and recommend how the case should proceed. Possibilities include trying those or other charges at a general court-martial or dropping the charges altogether.
The final determination, which could take months, will be made by Rear Admiral Christopher Colvin, district commander.
Hamilton took the Anchorage position in August 2008 and previously served as deputy commander for Coast Guard operations in the Los Angeles area.
Capt. Herbert M. Hamilton III is charged with 31 violations of the Uniform Code of Military Justice. He will have the right to question witnesses at the hearing that began Tuesday at Fort Richardson in Anchorage.
Among the alleged offenses filed in November, the 48-year-old Hamilton is accused of sexual improprieties that allegedly took place in Alaska and other states and involved multiple women, including enlisted Coast Guard personnel.
Several women are expected to testify at the hearing, which is expected to last three days.
First to testify was a petty officer who said Tuesday that her short-lived relationship with the married Hamilton began weeks after he took command of the Coast Guard's Anchorage sector in summer 2008.
The woman said that the first encounter occurred when the two attended a three-day oil spill response exercise on Alaska's Kenai Peninsula. She said they shared two pitchers of beer and Hamilton began holding her hand. She said they each went to their rooms after Hamilton hugged her and said he didn't want to let her go.
Asked if she found the hug unusual, the woman said yes, then added, "I was surprised but also excited that this bright individual would be interested in me."
The woman said she sent Hamilton a text message, thanking him for the evening and reminding him about the next day's schedule. She said they continued exchanging text messages until early morning, when the woman went up to the commander's room, where she performed oral sex on him. The two then began a relationship.
When asked by a defense attorney, the petty officer denied trying to advance her career by having sex with a senior commander. Likewise, she denied feeling pressure to have sex with him because of his higher rank.
The woman ended an existing relationship to be with Hamilton, but her former boyfriend found e-mails between the two, prompting Hamilton and the woman to end their affair in early November 2008.
In an October e-mail leading to that decision, and read at the hearing, Hamilton told her he valued the relationship, "but neither of us can afford the ramifications of this getting out."
The Coast Guard has said the investigation continues, and has not ruled out charges being brought against others.
Military charging documents state that Hamilton, who also is known as Mark, used a government cell phone to send and receive sexual and amorous text messages, committed sodomy with some of the women, downloaded and stored sexually explicit material on his government-issued laptop, and photographed sexual acts.
Hamilton also is accused of fraud, adultery, indecent language and soliciting another to commit an offense. The alleged offenses cover a period between November 2004 and shortly before Hamilton was relieved of his duties in May.
At the time, the Coast Guard cited alleged misconduct and a loss of confidence in Hamilton's ability to command.
During the Coast Guard's preliminary investigation, Hamilton was temporarily assigned to the staff of the Seventeenth Coast Guard District, which covers Alaska.
Coast Guard Capt. Steven Andersen, the investigating officer presiding over the hearing, will look into the allegations and recommend how the case should proceed. Possibilities include trying those or other charges at a general court-martial or dropping the charges altogether.
The final determination, which could take months, will be made by Rear Admiral Christopher Colvin, district commander.
Hamilton took the Anchorage position in August 2008 and previously served as deputy commander for Coast Guard operations in the Los Angeles area.
Officer Chad Robinson Accused of Throwing Glass of Beer at Family Member
A Springfield Park District police officer is on unpaid administrative leave because of accusations that he battered a female family member.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Officer Steven Silk Accused of Hit and Run
It’s a story that seems to raise a few questions and a few eyebrows. In a NBC Connecticut exclusive, we uncover what appears to be questionable discipline against a New Haven police officer involved in a hit and crash in September.
NBC Connecticut obtained the 9-1-1 call made that night by driver Gerald Hughes of East Haven. In it, he tells the dispatcher he’s been rear-ended by the driver of a pickup truck that has left the scene. Throughout the call, Hughes details his pursuit of the hit and run driver that eventually ends on a Branford road a few miles away.
“I’ve got him boxed in. I’ve got him boxed in at a dead end,” said Hughes in the 9-1-1 call.
Turns out, the driver was New Haven police officer Steven Silk.
“He knew he hit me and he knew he was taking off,” Hughes said.
According to the accident report though, Silk was only given a verbal warning that night. There’s also no mention of the hit and run and no mention of the chase.
“If it was me, I think it would have been a different story, ya know? I’ll just leave it at that,” said Hughes.
Hughes says he had to have his entire rear bumper replaced and estimated the damage to have been around $1,600.
“I was under the understanding he would get a ticket. So as far as that goes, I don’t have any more comment,” said Hughes.
NBC Connecticut called the East Haven Police Department several times, but our calls were not returned. We also reached out to Officer Steven Silk, but didn’t hear back from him either.
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NBC Connecticut obtained the 9-1-1 call made that night by driver Gerald Hughes of East Haven. In it, he tells the dispatcher he’s been rear-ended by the driver of a pickup truck that has left the scene. Throughout the call, Hughes details his pursuit of the hit and run driver that eventually ends on a Branford road a few miles away.
“I’ve got him boxed in. I’ve got him boxed in at a dead end,” said Hughes in the 9-1-1 call.
Turns out, the driver was New Haven police officer Steven Silk.
“He knew he hit me and he knew he was taking off,” Hughes said.
According to the accident report though, Silk was only given a verbal warning that night. There’s also no mention of the hit and run and no mention of the chase.
“If it was me, I think it would have been a different story, ya know? I’ll just leave it at that,” said Hughes.
Hughes says he had to have his entire rear bumper replaced and estimated the damage to have been around $1,600.
“I was under the understanding he would get a ticket. So as far as that goes, I don’t have any more comment,” said Hughes.
NBC Connecticut called the East Haven Police Department several times, but our calls were not returned. We also reached out to Officer Steven Silk, but didn’t hear back from him either.
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Resource Officer Domonique Robinson Charged with Possession of Marijuana
Darlington County Intervention School’s school resource officer has been charged with possession of marijuana with intent to distribute, according to a Darlington County Sheriff’s Office press release.
Domonique Robinson, a Darlington police officer, is in custody at the Darlington County Detention Center awaiting a bond hearing, according to the release. His age and address weren’t available.
Robinson has been suspended without pay pending the outcome of the investigation, Darlington Police Capt. Danny Watson said.
Darlington County School District officials also have been notified about his arrest, the release said.
A tip from the Hartsville Police Department prompted an investigation by the Darlington County Sheriff’s Office that led to the arrest. Darlington County Drug Enforcement Unit investigators found drugs in the suspect’s Hartsville residence late Tuesday afternoon, according to the release.
Robinson has been with the Darlington Police Department for about four years, Watson said.
“We never had any problems with him, no discipline,“ Watson said. “All we can do is wait and let the investigation take its course and proceed from there.“
Domonique Robinson, a Darlington police officer, is in custody at the Darlington County Detention Center awaiting a bond hearing, according to the release. His age and address weren’t available.
Robinson has been suspended without pay pending the outcome of the investigation, Darlington Police Capt. Danny Watson said.
Darlington County School District officials also have been notified about his arrest, the release said.
A tip from the Hartsville Police Department prompted an investigation by the Darlington County Sheriff’s Office that led to the arrest. Darlington County Drug Enforcement Unit investigators found drugs in the suspect’s Hartsville residence late Tuesday afternoon, according to the release.
Robinson has been with the Darlington Police Department for about four years, Watson said.
“We never had any problems with him, no discipline,“ Watson said. “All we can do is wait and let the investigation take its course and proceed from there.“
Officer Mark Owen Resigns After Starving Horses Found at Farm
A veteran police officer who boarded his horse at a farm where 16 animals were found starving last month resigned as his police chief was preparing to launch an internal investigation into his possible knowledge of problems at the farm.
Officer Mark Owen, 44, resigned Friday from two local departments where he worked part-time, citing personal reasons.
When reached by telephone Tuesday night, Owen said he decided to retire mainly because of allegations circulating in the community that he ignored what was happening at the horse farm operated by Melissa Giambrone, who was arrested Nov. 27 by Trumbull County Sheriff's Deputy Harold Firster on charges of cruelty to animals and cruelty to companion animals. She has pleaded innocent and is due back in Newton Falls Municipal Court Jan. 12.
Owen said he bought a horse at a Bloomfield auction in July for $5 because his son wanted a horse. He said the animal had a broken foot that healed improperly and Giambrone offered to board it at her farm, assuring him she would have the horse put down if its foot continued to give it problems.
"When I first met her, you could have eaten off the barn floor it was so clean. I had no idea there were 16 horses there. I don't know where she kept them all," Owen said.
He said officers had responded numerous times to horses escaping the fenced in pasture, and each time the horses would be rounded up and put back inside the fence. Owen said Giambrone kept telling him she was going to have his horse put down because of its broken leg, but she never did.
"She had friends out here that would have helped her take care of the horses if she had asked. None of us knew," Owen said.
Braceville police Chief William Garro said he was planning to launch an internal investigation into whether Owen's conduct in relation to the removal of 16 horses from 5796 state Route 82 violated departmental policy.
Owen had worked part-time for the township for at least 10 years. He also resigned Friday from his part-time position with the Vienna Police Department, according to Trustee Jeff Dreves. He said Owen worked mostly midnight shift for the past four or five years.
Dreves said Owen resigned after a discussion with Chief David Ovesny, who declined to comment on the reason for Owen's resignation.
According to Firster's report, there was no food for the animals and they all appeared malnourished. He said several of the horses had eaten the tails of others and also had been chewing on the stalls.
Firster responded to the property after neighbors reported four horses were loose. The report states it was the fifth time the sheriff's office responded to the property in two weeks because of the horses breaking out of the stable.
Firster said Owen, who was off duty at the time, showed up and said he had a horse at Giambrone's farm.
Garro said he does not believe Owen did anything criminal, but he was planning an internal probe into whether Owen violated department policy in relation to the Giambrone case.
''Mark resigned before the investigation began," Garro said.
The man who owns the seven-acre property, Robert Norris of Palmyra Township in Portage County, said he bought it in July 2006 for $66,650 at a sheriff's sale and spent approximately $43,000 renovating the inside of the home. He said he planned to sell it but was having trouble finding a buyer and he agreed to rent it to Giambrone two years ago because she seemed nice and her family owned several companies in Aurora, including Giambrone Construction.
"When she moved in, she had three horses, one dog and one wolf. She accumulated a zoo while she lived there," Norris said.
He said the inside of the house is filthy and there is dog feces all over the floor. He said he is trying to evict Giambrone and has a hearing for the eviction Jan. 13 in Newton Falls Municipal Court.
Norris said Giambrone told him last summer that she was applying for nonprofit status to operate Melissa's Animal Rescue. A flier for the business lists the Route 82 address and asks for donations for the organization.
A phone number listed on the flier has been disconnected and a number provided by Norris also was disconnected. A message left Tuesday at Giambrone Construction was not returned.
Firster said the investigation is ongoing and more charges against Giambrone may be filed later.
Four of the horses removed from Giambrone's property remain at Happy Trails Farm Animal Sanctuary in Ravenna. The rest are either in foster care or were picked up by their owners.
Owen said his was the only horse to be euthanized.
Officer Mark Owen, 44, resigned Friday from two local departments where he worked part-time, citing personal reasons.
When reached by telephone Tuesday night, Owen said he decided to retire mainly because of allegations circulating in the community that he ignored what was happening at the horse farm operated by Melissa Giambrone, who was arrested Nov. 27 by Trumbull County Sheriff's Deputy Harold Firster on charges of cruelty to animals and cruelty to companion animals. She has pleaded innocent and is due back in Newton Falls Municipal Court Jan. 12.
Owen said he bought a horse at a Bloomfield auction in July for $5 because his son wanted a horse. He said the animal had a broken foot that healed improperly and Giambrone offered to board it at her farm, assuring him she would have the horse put down if its foot continued to give it problems.
"When I first met her, you could have eaten off the barn floor it was so clean. I had no idea there were 16 horses there. I don't know where she kept them all," Owen said.
He said officers had responded numerous times to horses escaping the fenced in pasture, and each time the horses would be rounded up and put back inside the fence. Owen said Giambrone kept telling him she was going to have his horse put down because of its broken leg, but she never did.
"She had friends out here that would have helped her take care of the horses if she had asked. None of us knew," Owen said.
Braceville police Chief William Garro said he was planning to launch an internal investigation into whether Owen's conduct in relation to the removal of 16 horses from 5796 state Route 82 violated departmental policy.
Owen had worked part-time for the township for at least 10 years. He also resigned Friday from his part-time position with the Vienna Police Department, according to Trustee Jeff Dreves. He said Owen worked mostly midnight shift for the past four or five years.
Dreves said Owen resigned after a discussion with Chief David Ovesny, who declined to comment on the reason for Owen's resignation.
According to Firster's report, there was no food for the animals and they all appeared malnourished. He said several of the horses had eaten the tails of others and also had been chewing on the stalls.
Firster responded to the property after neighbors reported four horses were loose. The report states it was the fifth time the sheriff's office responded to the property in two weeks because of the horses breaking out of the stable.
Firster said Owen, who was off duty at the time, showed up and said he had a horse at Giambrone's farm.
Garro said he does not believe Owen did anything criminal, but he was planning an internal probe into whether Owen violated department policy in relation to the Giambrone case.
''Mark resigned before the investigation began," Garro said.
The man who owns the seven-acre property, Robert Norris of Palmyra Township in Portage County, said he bought it in July 2006 for $66,650 at a sheriff's sale and spent approximately $43,000 renovating the inside of the home. He said he planned to sell it but was having trouble finding a buyer and he agreed to rent it to Giambrone two years ago because she seemed nice and her family owned several companies in Aurora, including Giambrone Construction.
"When she moved in, she had three horses, one dog and one wolf. She accumulated a zoo while she lived there," Norris said.
He said the inside of the house is filthy and there is dog feces all over the floor. He said he is trying to evict Giambrone and has a hearing for the eviction Jan. 13 in Newton Falls Municipal Court.
Norris said Giambrone told him last summer that she was applying for nonprofit status to operate Melissa's Animal Rescue. A flier for the business lists the Route 82 address and asks for donations for the organization.
A phone number listed on the flier has been disconnected and a number provided by Norris also was disconnected. A message left Tuesday at Giambrone Construction was not returned.
Firster said the investigation is ongoing and more charges against Giambrone may be filed later.
Four of the horses removed from Giambrone's property remain at Happy Trails Farm Animal Sanctuary in Ravenna. The rest are either in foster care or were picked up by their owners.
Owen said his was the only horse to be euthanized.
Officer Ashley Rowe Under Investigation After Off-Duty Crash
There's an investigation developing into an off-duty Altamonte Springs police officer who crashed and badly injured her passenger.
Ashley Rowe, 24, lost control and crashed just north of State Road 434 and Maitland Boulevard early Tuesday morning and state troopers said they're now investigating whether Rowe had been drinking.
A scraped-up tree is the most visible evidence left from the crash on quiet Lotus Landing Boulevard (see map) in the wee hours of Tuesday morning. Florida Highway Patrol officials suspect off-duty Altamonte Springs police officer Ashley Rowe may have been drunk when she lost control, critically injuring her passenger. They took a sample of her blood at the hospital.
“I just wanted to make sure it's investigated the way it should be investigated and whatever comes out comes out,” said Tom Kroohs, the father of the injured passenger.
Kroohs' son Michael was still in serious condition Tuesday night. Kroohs says he doesn't know for sure about the drinking, but he does know a group of police officers and EMTs was out partying earlier in the evening before the crash.
“There was a bunch of people out at a restaurant, down at Millenia Mall or something. They were all coming back here,” he said.
Kroohs, who is an EMT with Reedy Creek, and Officer Rowe never made it. Tuesday afternoon, there were still shards of glass embedded in the bark of the tree Rowe hit.
Altamonte Springs Police Department put Rowe on paid leave while FHP investigates. Police officials said only when FHP finishes its investigation in about eight weeks will they decide if and how to punish Rowe.
Rowe has no previous criminal history.
Ashley Rowe, 24, lost control and crashed just north of State Road 434 and Maitland Boulevard early Tuesday morning and state troopers said they're now investigating whether Rowe had been drinking.
A scraped-up tree is the most visible evidence left from the crash on quiet Lotus Landing Boulevard (see map) in the wee hours of Tuesday morning. Florida Highway Patrol officials suspect off-duty Altamonte Springs police officer Ashley Rowe may have been drunk when she lost control, critically injuring her passenger. They took a sample of her blood at the hospital.
“I just wanted to make sure it's investigated the way it should be investigated and whatever comes out comes out,” said Tom Kroohs, the father of the injured passenger.
Kroohs' son Michael was still in serious condition Tuesday night. Kroohs says he doesn't know for sure about the drinking, but he does know a group of police officers and EMTs was out partying earlier in the evening before the crash.
“There was a bunch of people out at a restaurant, down at Millenia Mall or something. They were all coming back here,” he said.
Kroohs, who is an EMT with Reedy Creek, and Officer Rowe never made it. Tuesday afternoon, there were still shards of glass embedded in the bark of the tree Rowe hit.
Altamonte Springs Police Department put Rowe on paid leave while FHP investigates. Police officials said only when FHP finishes its investigation in about eight weeks will they decide if and how to punish Rowe.
Rowe has no previous criminal history.
Former Inspector Keith Bridges Convicted of Killing Four People
A former police inspector who crashed his car in France, killing four people including his wife, has received a suspended sentence from a French court.
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Keith Bridges, 52, came off the road yards from his home in the village of Berbiguieres, in the Dordogne region.
He had spent the night drinking when his overloaded Jeep came off the road and ploughed into trees in June 2006.
Bridges received a two-year suspended sentence for admitting a charge akin to manslaughter, while drink-driving.
Drinking session
He was also ordered to pay a fine of 200 euro (£180) for driving offences and banned from the road for two years by judges at the Tribunal de Grande Instance in Bergerac, south west France.
He survived with a broken leg but his wife Julie, 42, her daughter Bethany Lowe, 10, family friend Andrew Dyer, 41, and his 10-year-old daughter Gabriella died.
Bridges showed no emotion as he was handed the sentence for "homicide involontaire".
Gabriella Dyer
Gabriella Dyer, the daughter of a family friend, also died in the crash
Mr Dyer and his family, from Bridgwater, had been staying with the Bridges at their home.
The court heard the group went to see friends and drank about four bottles of wine, 22 small bottles of beer and at least a bottle of spirits in a cocktail mix before Bridges got behind the wheel.
An inquest in October heard Bethany and Gabriella begged the adults not to drive the mile home - even suggesting they could drive themselves.
Police estimated he was driving at around 101kmh (62mph) - well over the advisable limit of 70kmh, or 43mph.
He will live with this for the rest of his life
Tracey Dyer, survivor
Bridges, an officer with 30 years experience, was given a blood alcohol test a few hours later which revealed he was three times the French drink-drive limit - almost twice the UK limit.
The "talented driver" who was part of a special police unit which transported VIPs, could not explain why he had overloaded the car.
His long-standing friend Tracey Dyer, 41, one of the three surviving passengers in the car, lost her husband in the collision but has stood by Bridges throughout.
She said: "He gets up every morning and relives that evening and will always live with [the question of] 'what if I hadn't done that?'.
"He will live with this for the rest of his life. No prison sentence would have made any difference."
Edouard Knoll, the lawyer representing Gary Lowe, Bethany's father, in the civil part of the case, said: "Things are different in France from the way they are in England.
"In France, killing someone on the road is not the same as killing someone any other way - it is an accident and consequently the sentence is not as severe."
Officer Eugene Rodella Fired After Fight at Bar
Eugene Rodella has been fired from his job as an Española police officer because of a fight two months ago at a tattoo parlor and hookah bar, according to Española Police Chief Julian Gonzales.
And it remains to be seen whether he can keep his license to be a cop as a law enforcement board mulls punishment for Rodella's involvement in the Oct. 7 off-duty rumble that sent two people to the hospital.
Gonzales said Rodella's termination was effective Wednesday of last week and was based on actions that the chief deemed as "firing offenses."
"There was substantial information developed through the internal affairs investigation to show he broke some criminal laws by committing assault and battery on the owner of the tattoo parlor," Gonzales said Friday.
The chief said Rodella - who, according to a State Pol ice report, ad m it ted drinking before the ruckus - "brought negative publicity to the city" and did not conduct himself appropriately as an off-duty officer in engaging in the fight.
The incident began when Rodella and younger brother Gabriel Rodella went to the Dragon's Lair Hookah Lounge and Defiant Artist Tattoo Parlor, where they instigated a fight with someone associated with the shops, according to police documents and 911 recordings.
The Rodella brothers went into the hookah lounge - which adjoins the tattoo shop - and confronted Christopher Whitsell, whom the brothers accused of beating up their nephew, T.J. Rodella, in a fight that took place at the same location the night before.
T.J. Rodella is the son of state Rep. Debbie Rodella, D-Española, and former Rio Arriba County Magistrate Tommy Rodella - the brother of Eugene and Gabriel Rodella. Tommy Rodella is running for Rio Arriba County sheriff.
Gabriel Rodella began punching and choking Whitsell in the parking lot before Whitsell tried to get away by running into the tattoo shop, according to police reports. The Rodellas chased after Whitsell and followed him into a room where Española police Detective Bryan Martinez was getting a tattoo.
The Rodellas pushed their way into the room and began fighting with tattoo shop owner Marlo Gray, who was sent to the hospital following the fight, as was Whitsell.
In a recording of 911 call, Detective Martinez can he heard telling officer Rodella, "You can't be doing that (expletive), bro." He also told a dispatcher, "They just came in here and broke a bunch of (expletive) and beat up a couple of guys."
Chief Gonzales said he sent Eugene Rodella - who was placed on paid administrative leave after the incident - notice on Nov. 23 that he was contemplating termination after an internal affairs investigation was concluded. The chief then met with Rodella, who gave his side of the story. After consulting with the department's deputy chiefs, Gonzales made a final decision to fire Rodella, the chief said.
Rodella can appeal the decision through a city grievance officer. Efforts to reach the Rodellas since the October fight have been unsuccessful.
According to the Rio Grande Sun, the hookah lounge and tattoo parlor closed down recently because of questions about whether the businesses
were properly licensed.
Eugene Rodella is facing other possible action. He took part in an informal hearing Thursday with state Law Enforcement Academy Director Arthur Ortiz, where they discussed the tattoo parlor incident, Ortiz said Friday.
Rodella faces possible punishment from the board, which he had already been in hot water with stemming from a prior case involving domestic violence allegations, Ortiz said. In March, Rodella was placed on one year's probation and other sanctions because of the previous case, which did not result in criminal charges.
With the latest alleged incident at the tattoo parlor, Rodella faces a potential five-year revocation of his law enforcement certification. If that sanction is imposed, he would have to go before the board after the revocation period to get recertified, Ortiz said. Rodella could also get lesser penalties, such as a lighter suspension period or more probation, or the matter could be dismissed by the law enforcement board altogether.
Ortiz said he will make a decision on what he intends to recommend to the board next week.
Whether Rodella face criminal charges from the October fight remains up in the air. District Attorney Angela "Spence" Pacheco has said her office continues to investigate.
And it remains to be seen whether he can keep his license to be a cop as a law enforcement board mulls punishment for Rodella's involvement in the Oct. 7 off-duty rumble that sent two people to the hospital.
Gonzales said Rodella's termination was effective Wednesday of last week and was based on actions that the chief deemed as "firing offenses."
"There was substantial information developed through the internal affairs investigation to show he broke some criminal laws by committing assault and battery on the owner of the tattoo parlor," Gonzales said Friday.
The chief said Rodella - who, according to a State Pol ice report, ad m it ted drinking before the ruckus - "brought negative publicity to the city" and did not conduct himself appropriately as an off-duty officer in engaging in the fight.
The incident began when Rodella and younger brother Gabriel Rodella went to the Dragon's Lair Hookah Lounge and Defiant Artist Tattoo Parlor, where they instigated a fight with someone associated with the shops, according to police documents and 911 recordings.
The Rodella brothers went into the hookah lounge - which adjoins the tattoo shop - and confronted Christopher Whitsell, whom the brothers accused of beating up their nephew, T.J. Rodella, in a fight that took place at the same location the night before.
T.J. Rodella is the son of state Rep. Debbie Rodella, D-Española, and former Rio Arriba County Magistrate Tommy Rodella - the brother of Eugene and Gabriel Rodella. Tommy Rodella is running for Rio Arriba County sheriff.
Gabriel Rodella began punching and choking Whitsell in the parking lot before Whitsell tried to get away by running into the tattoo shop, according to police reports. The Rodellas chased after Whitsell and followed him into a room where Española police Detective Bryan Martinez was getting a tattoo.
The Rodellas pushed their way into the room and began fighting with tattoo shop owner Marlo Gray, who was sent to the hospital following the fight, as was Whitsell.
In a recording of 911 call, Detective Martinez can he heard telling officer Rodella, "You can't be doing that (expletive), bro." He also told a dispatcher, "They just came in here and broke a bunch of (expletive) and beat up a couple of guys."
Chief Gonzales said he sent Eugene Rodella - who was placed on paid administrative leave after the incident - notice on Nov. 23 that he was contemplating termination after an internal affairs investigation was concluded. The chief then met with Rodella, who gave his side of the story. After consulting with the department's deputy chiefs, Gonzales made a final decision to fire Rodella, the chief said.
Rodella can appeal the decision through a city grievance officer. Efforts to reach the Rodellas since the October fight have been unsuccessful.
According to the Rio Grande Sun, the hookah lounge and tattoo parlor closed down recently because of questions about whether the businesses
were properly licensed.
Eugene Rodella is facing other possible action. He took part in an informal hearing Thursday with state Law Enforcement Academy Director Arthur Ortiz, where they discussed the tattoo parlor incident, Ortiz said Friday.
Rodella faces possible punishment from the board, which he had already been in hot water with stemming from a prior case involving domestic violence allegations, Ortiz said. In March, Rodella was placed on one year's probation and other sanctions because of the previous case, which did not result in criminal charges.
With the latest alleged incident at the tattoo parlor, Rodella faces a potential five-year revocation of his law enforcement certification. If that sanction is imposed, he would have to go before the board after the revocation period to get recertified, Ortiz said. Rodella could also get lesser penalties, such as a lighter suspension period or more probation, or the matter could be dismissed by the law enforcement board altogether.
Ortiz said he will make a decision on what he intends to recommend to the board next week.
Whether Rodella face criminal charges from the October fight remains up in the air. District Attorney Angela "Spence" Pacheco has said her office continues to investigate.
Const. Jeffrey Buchanan Charged with Extorting Money
The Halifax police constable charged Sunday with extorting money from a man last week is accused of receiving $5,100, according to court documents obtained by CBC News.
The prosecution documents claim that Const. Jeffrey Buchanan, 29, demanded the money from Shawn Banfield, who is scheduled to be in provincial court Wednesday to face other charges.
The allegation details are in documents that are publicly available at the courthouse. They have yet to be proven.
The extortion is alleged to have happened in Halifax on Thursday, Dec. 10.
Buchanan was arrested Saturday at 2:30 a.m. while on duty and charged early Sunday. He is not in custody but has been suspended with pay.
He is scheduled to be in court on Jan. 26 to face charges of extortion and breach of trust.
Banfield is due in court Wednesday to face charges of assault and resisting and obstructing a police officer, dating to Dec. 9 and 10.
On Sunday, Halifax deputy police chief Chris McNeil said a "complex" investigation was conducted by the integrated Halifax Regional Police and RCMP team.
"Some of the witnesses were not necessarily forthcoming and co-operative," he said. "This is not a complainant who came forward to say 'I was extorted.'
"This is circumstances where police uncovered criminal activity and had to go out and seek out these people and not all of them were co-operative."
The prosecution documents claim that Const. Jeffrey Buchanan, 29, demanded the money from Shawn Banfield, who is scheduled to be in provincial court Wednesday to face other charges.
The allegation details are in documents that are publicly available at the courthouse. They have yet to be proven.
The extortion is alleged to have happened in Halifax on Thursday, Dec. 10.
Buchanan was arrested Saturday at 2:30 a.m. while on duty and charged early Sunday. He is not in custody but has been suspended with pay.
He is scheduled to be in court on Jan. 26 to face charges of extortion and breach of trust.
Banfield is due in court Wednesday to face charges of assault and resisting and obstructing a police officer, dating to Dec. 9 and 10.
On Sunday, Halifax deputy police chief Chris McNeil said a "complex" investigation was conducted by the integrated Halifax Regional Police and RCMP team.
"Some of the witnesses were not necessarily forthcoming and co-operative," he said. "This is not a complainant who came forward to say 'I was extorted.'
"This is circumstances where police uncovered criminal activity and had to go out and seek out these people and not all of them were co-operative."
Officer Chad Robinson Accused of Domestic Violence
A Springfield Park District police officer is on unpaid administrative leave because of accusations that he battered a female family member.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Chad Robinson, 32, has been on leave since Oct. 23, according to Capt. Jonathan Davis of the park police.
Court documents indicate that’s the day Robinson allegedly threw a glass of beer at the family member and “grabbed her throat and arm roughly.” No further information was available regarding the nature of the incident.
Robinson began as a part-time park district police officer in October 2006 and was hired as a full-time officer in May 2007, Davis said. His exact salary was not available Monday, but Davis said it was “in the upper 30s.”
Davis referred other questions to Mike Stratton, executive director of the park district.
“I understand there are some issues involved in his personal life,” Stratton said Monday. “I’m not sure of the details associated with that at this point.”
Stratton said the incident is under review, but that he could not comment further because it is a personnel matter. Robinson will remain on leave while the investigation continues, Stratton said.
Robinson has pleaded not guilty to one count of domestic battery. A trial on that charge is set for Jan. 26.
Meanwhile, he is being sued by Monroe Garden Apartments for $900 in alleged unpaid rent from October and November, according to court documents.
A bench trial in that lawsuit is scheduled for 9 a.m. today.
Former Officer James Tallent Sentenced of Using Excessive Force
A former South Carolina officer is serving a 90-day jail sentence after a jury found he used excessive force in arresting three men.
The Herald-Journal of Spartanburg reports Tuesday that former Gaffney policeman James Tallent was convicted Friday of misconduct in office. The 43-year-old was sentenced to 90 days in the Cherokee County jail, six months of home detention and two years of probation.
Eddie Gilfillan, Leonard Tinnin and David Cobb complained of excessive force after their arrests Dec. 16, 2007, in a sports bar. Their charges were dropped before Tallent's trial.
Prosecutors said Tallent sprayed one man in the face with pepper spray and struck another repeatedly with a police baton.
Tallent's attorney argued he used police procedure in the arrests.
Information from: Herald-Journal, http://www.goupstate.com/
The Herald-Journal of Spartanburg reports Tuesday that former Gaffney policeman James Tallent was convicted Friday of misconduct in office. The 43-year-old was sentenced to 90 days in the Cherokee County jail, six months of home detention and two years of probation.
Eddie Gilfillan, Leonard Tinnin and David Cobb complained of excessive force after their arrests Dec. 16, 2007, in a sports bar. Their charges were dropped before Tallent's trial.
Prosecutors said Tallent sprayed one man in the face with pepper spray and struck another repeatedly with a police baton.
Tallent's attorney argued he used police procedure in the arrests.
Information from: Herald-Journal, http://www.goupstate.com/
Former Officer Pilar Ortiz-Buckley Settles Sexual Harassment Lawsuit
A former police officer from Atherton is settling a sexual harassment lawsuit with the city for $230,000.
Former officer Pilar Ortiz-Buckley claimed the city's public workers supervisor sexually harassed her, and then forced her out of the police department when she complained to her superiors.
The city of Atherton decided to settle the case outside of court, without even taking legal depositions in the case.
The public works supervisor, Troy Henderson, is still employed by the city.
Former officer Pilar Ortiz-Buckley claimed the city's public workers supervisor sexually harassed her, and then forced her out of the police department when she complained to her superiors.
The city of Atherton decided to settle the case outside of court, without even taking legal depositions in the case.
The public works supervisor, Troy Henderson, is still employed by the city.
Officer Jose Villarreal Charged with Forging Documents
A Mexican national allegedly used forged documents to obtain U.S. citizenship and a job as a Homestead, Fla., police officer, authorities said.
Jose Villarreal, 31, has been charged with official misconduct, obtaining forged instruments and making false official statements, The Miami Herald reported Tuesday.
Villarreal's citizenship certificate was falsely obtained and the birth certificate he used contained false information about his date of birth, his middle name and his mother's name, the Florida Department of Law Enforcement said.
Villarreal, who was arrested Friday, was hired by Homestead
police in 2006. He has been placed on administrative leave with pay, police spokesman Ed Bowe said.
"It's always a disappointment for any department when a police officer is arrested,'' Bowe said.
Jose Villarreal, 31, has been charged with official misconduct, obtaining forged instruments and making false official statements, The Miami Herald reported Tuesday.
Villarreal's citizenship certificate was falsely obtained and the birth certificate he used contained false information about his date of birth, his middle name and his mother's name, the Florida Department of Law Enforcement said.
Villarreal, who was arrested Friday, was hired by Homestead
police in 2006. He has been placed on administrative leave with pay, police spokesman Ed Bowe said.
"It's always a disappointment for any department when a police officer is arrested,'' Bowe said.
Monday, December 14, 2009
Former Officer Marcus Tafoya Accused of Hitting People at Party
The father of a returning Iraqi war veteran testified on Monday that he saw a former Fresno police officer inappropriately hit several people at a party for his son.
David Rendon told jurors that after an argument broke out during the party for his son George, he saw officer Marcus Tafoya hit at least four people with his baton.
But under cross-examination, Rendon admitted that he locked the screen door of his house after Tafoya went inside, and that he wanted to go get his gun.
Rendon said if he had gotten the weapon, he would have done what he had to do to keep Tafoya from harming anyone else.
Rendon denied yelling, "I know Jerry Dyer personally -- you wait until he hears about this" -- referring to Fresno's police chief.
Late Monday afternoon, police Sgt. Richard Brown testified that when he went to the party scene that night, Officer Tafoya appeared to be upset, and he looked disheveled -- as if he had been in a struggle.
Tafoya is accused of eight counts of assault and one count of burglary in connection with that party and three other incidents.
He was fired from the police department two years ago.
David Rendon told jurors that after an argument broke out during the party for his son George, he saw officer Marcus Tafoya hit at least four people with his baton.
But under cross-examination, Rendon admitted that he locked the screen door of his house after Tafoya went inside, and that he wanted to go get his gun.
Rendon said if he had gotten the weapon, he would have done what he had to do to keep Tafoya from harming anyone else.
Rendon denied yelling, "I know Jerry Dyer personally -- you wait until he hears about this" -- referring to Fresno's police chief.
Late Monday afternoon, police Sgt. Richard Brown testified that when he went to the party scene that night, Officer Tafoya appeared to be upset, and he looked disheveled -- as if he had been in a struggle.
Tafoya is accused of eight counts of assault and one count of burglary in connection with that party and three other incidents.
He was fired from the police department two years ago.
Officer Jack Tiller Accused of Child Abuse
A Walkerton police officer has been accused of child abuse, in an incident that was reported last week to St. Joseph County police.
Jack Tiller, an officer with the Walkerton Police Department in far southwest St. Joseph County, is accused of abusing his daughter at the family's home, allegedly punching her in the arm and face, throwing her to the ground and spitting on her after the girl and Tiller's wife got into an argument Dec. 8.
Sgt. Bill Redman, St. Joseph County police spokesman, said the girl complained to an officer at Penn High School, who reported seeing bruises on the girl's arm and head.
According to Redman, the girl told police the fight occurred after she kept her father waiting to pick her up at the school.
St. Joseph County Prosecutor Michael Dvorak said the case has been received by the prosecutor's office Special Victims/Family Violence unit, but no charging decision has been made yet.
Tiller's current status with the Walkerton Police Department is not known, as Police Chief Gary Layer was out of the office today and other officers could not comment on the case.
Town Council member Glenn Jerrell said the suspension of a police officer would be discussed before the council.
"I'm making no comment about it," Jerrell said, when asked if Tiller had been suspended.
Tiller is the former town marshal of Roseland, but left in October 2007 because the city's budget problems resulted in payroll not being met.
In December 2007, Tiller was the subject of a grand jury investigation after he was accused of battering then-Roseland Town Council member David Snyder during an arrest, but no charges were ever filed in the case.
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More Information:
Jack Tiller, an officer with the Walkerton Police Department in far southwest St. Joseph County, is accused of abusing his daughter at the family's home, allegedly punching her in the arm and face, throwing her to the ground and spitting on her after the girl and Tiller's wife got into an argument Dec. 8.
Sgt. Bill Redman, St. Joseph County police spokesman, said the girl complained to an officer at Penn High School, who reported seeing bruises on the girl's arm and head.
According to Redman, the girl told police the fight occurred after she kept her father waiting to pick her up at the school.
St. Joseph County Prosecutor Michael Dvorak said the case has been received by the prosecutor's office Special Victims/Family Violence unit, but no charging decision has been made yet.
Tiller's current status with the Walkerton Police Department is not known, as Police Chief Gary Layer was out of the office today and other officers could not comment on the case.
Town Council member Glenn Jerrell said the suspension of a police officer would be discussed before the council.
"I'm making no comment about it," Jerrell said, when asked if Tiller had been suspended.
Tiller is the former town marshal of Roseland, but left in October 2007 because the city's budget problems resulted in payroll not being met.
In December 2007, Tiller was the subject of a grand jury investigation after he was accused of battering then-Roseland Town Council member David Snyder during an arrest, but no charges were ever filed in the case.
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More Information:
DC Officer Accused of Hit and Run
Police are saying little about an incident in which a D.C. police cruiser apparently hit a teenager during a chase -- and then left the scene.
Dominic Turner, 18, suffered broken ribs, internal bleeding and a back injury when he was hit Saturday night. He returned home Monday afternoon, with a walker, after two days in the hospital.
"It was hard and fast. It caused me to vomit (from) the impact," Turner said. "I'm just glad I'm still here."
It all began, according to Turner's family, when a group of men, including Turner, were standing outside a family gathering holding cups. Police saw them and told them to drop the cups. That somehow evolved into a police chase. Turner was struck about 8:30 p.m. Saturday in an alley near 20th and Newton streets NE.
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A witnesses told the family the police cruiser hit Turner and the officer got out of the cruiser, walked over to the teen, grabbed him and then got back in the cruiser and took off.
"They were the people who were supposed to look out for me, but I became a victim," Turner said.
Witnesses went to get Turner's parents a the family gathering. The parents and relatives ran to the scene, finding Turner doubled over in pain, they said. The police and police cruiser were gone.
"When we arrived, it was the first responders there: ambulance and fire. And then, like 10 minutes later, the police were back," said Turner's mother, Darhisha Jackson Milton.
Milton and her husband, Gregory Milton, Turner's stepfather, said they were stunned by the police's alleged behavior.
"He should have done something instead of just leaving him there," Gregory Milton said. "He didn't do anything. He just hit him and then left."
According Turner's mother, their relatives, who had gathered at the scene, asked the police officers "'Who hit him?'" She said one officer -- after about 10 minutes -- said, "'Ma'am, I'm the one who hit your son.'"
Turner's relatives photographed the damaged cruiser when it returned to the scene Saturday night.
Jackson Turner said she didn't get the officer's name. Relatives took pictures of the damaged cruiser, number 5023. There was a long impact mark on the right side, including a broken side-view mirror.
"The mirror that was broken on the side of the car, was on my ribs and my stomach was on a light post," Turner said.
D.C. police did not directly confirm or deny the allegations. Gwendolyn Crump, the acting director of the MPD's Office of Communications issued a written statement:
"Multiple statements were taken following the incident and there are discrepancies over what occurred. The matter and the allegations are being investigated by the Internal Affairs Division. We cannot comment further. "
Turner graduated in May from Washington Math, Science, and Technology High School. He says he plans to start classes at Prince George's Community College next month.
Dominic Turner, 18, suffered broken ribs, internal bleeding and a back injury when he was hit Saturday night. He returned home Monday afternoon, with a walker, after two days in the hospital.
"It was hard and fast. It caused me to vomit (from) the impact," Turner said. "I'm just glad I'm still here."
It all began, according to Turner's family, when a group of men, including Turner, were standing outside a family gathering holding cups. Police saw them and told them to drop the cups. That somehow evolved into a police chase. Turner was struck about 8:30 p.m. Saturday in an alley near 20th and Newton streets NE.
ABC 7 Talkback:
Click Here to Comment on this Story
A witnesses told the family the police cruiser hit Turner and the officer got out of the cruiser, walked over to the teen, grabbed him and then got back in the cruiser and took off.
"They were the people who were supposed to look out for me, but I became a victim," Turner said.
Witnesses went to get Turner's parents a the family gathering. The parents and relatives ran to the scene, finding Turner doubled over in pain, they said. The police and police cruiser were gone.
"When we arrived, it was the first responders there: ambulance and fire. And then, like 10 minutes later, the police were back," said Turner's mother, Darhisha Jackson Milton.
Milton and her husband, Gregory Milton, Turner's stepfather, said they were stunned by the police's alleged behavior.
"He should have done something instead of just leaving him there," Gregory Milton said. "He didn't do anything. He just hit him and then left."
According Turner's mother, their relatives, who had gathered at the scene, asked the police officers "'Who hit him?'" She said one officer -- after about 10 minutes -- said, "'Ma'am, I'm the one who hit your son.'"
Turner's relatives photographed the damaged cruiser when it returned to the scene Saturday night.
Jackson Turner said she didn't get the officer's name. Relatives took pictures of the damaged cruiser, number 5023. There was a long impact mark on the right side, including a broken side-view mirror.
"The mirror that was broken on the side of the car, was on my ribs and my stomach was on a light post," Turner said.
D.C. police did not directly confirm or deny the allegations. Gwendolyn Crump, the acting director of the MPD's Office of Communications issued a written statement:
"Multiple statements were taken following the incident and there are discrepancies over what occurred. The matter and the allegations are being investigated by the Internal Affairs Division. We cannot comment further. "
Turner graduated in May from Washington Math, Science, and Technology High School. He says he plans to start classes at Prince George's Community College next month.
Officer Phillip Setty Under Investigation for Being at Party where Underage Drinking was Taking Place
A local police officer is under investigation after pictures caught him in a compromising situation.
Photographs of a West Alexandria police officer dressed in uniform at a Halloween party where underage drinking was allegedly taking place.
The officer is Phillip Setty, a rookie policeman who's only been with the West Alexandria Police Department for a little over a year.
In fact, it was after work that he showed up at a Halloween party at an apartment in Bellbrook and pictures were taken that show what happened.
The 23 year old officer posed for pictures with several party goers, some holding alcohol. Setty also pretended to arrest one young woman also dressed up in a police uniform. In one photo, she has a drink in her hand while sitting on officer Setty's lap. In others, the female appears to be drinking shots.
The problem with that was found on her own myspace page along with several of the photographs. According to her profile, she is only nineteen and was drinking alcohol along with another person who claimed to be underage, while Officer Setty was present at the party.
Chief Charles Webb said, "We were just notified of this, this morning."
Some West Alexandria residents said they are disappointed in the alleged actions of a man who is supposed to be held to a higher standard. "Well, I think he should be dismissed," said Gene Moore.
While officers are investigating to determine if any crime occurred, the chief said he is worried about what the pictures suggest. "He is placed on administrative leave until we investigate it," said Webb.
There are also departmental policies on when and where police officers can wear their uniforms. Chief Webb said, "If you are going home or something it's acceptable, but if go to a party as this officer allegedly did, that is definitely not within our policy."
Setty is currently on unpaid administrative leave.
Photographs of a West Alexandria police officer dressed in uniform at a Halloween party where underage drinking was allegedly taking place.
The officer is Phillip Setty, a rookie policeman who's only been with the West Alexandria Police Department for a little over a year.
In fact, it was after work that he showed up at a Halloween party at an apartment in Bellbrook and pictures were taken that show what happened.
The 23 year old officer posed for pictures with several party goers, some holding alcohol. Setty also pretended to arrest one young woman also dressed up in a police uniform. In one photo, she has a drink in her hand while sitting on officer Setty's lap. In others, the female appears to be drinking shots.
The problem with that was found on her own myspace page along with several of the photographs. According to her profile, she is only nineteen and was drinking alcohol along with another person who claimed to be underage, while Officer Setty was present at the party.
Chief Charles Webb said, "We were just notified of this, this morning."
Some West Alexandria residents said they are disappointed in the alleged actions of a man who is supposed to be held to a higher standard. "Well, I think he should be dismissed," said Gene Moore.
While officers are investigating to determine if any crime occurred, the chief said he is worried about what the pictures suggest. "He is placed on administrative leave until we investigate it," said Webb.
There are also departmental policies on when and where police officers can wear their uniforms. Chief Webb said, "If you are going home or something it's acceptable, but if go to a party as this officer allegedly did, that is definitely not within our policy."
Setty is currently on unpaid administrative leave.
Former Officer Jose Sanchez Sentenced to 8 years for Molesting Teen
A former police officer in a San Antonio school district was sentenced to eight years in prison for molesting a teenage girl.
Jose Sanchez was working for the Edgewood Independent School District in 2007 when the victim, who is now 20, told authorities that Sanchez had sexually assaulted her from the time she was 11 to age 16. The incidents were not related the 59-year-old's job, but he was suspended and later resigned.
Sanchez pleaded no contest to sexual assault last month and was sentenced on Monday.
Jose Sanchez was working for the Edgewood Independent School District in 2007 when the victim, who is now 20, told authorities that Sanchez had sexually assaulted her from the time she was 11 to age 16. The incidents were not related the 59-year-old's job, but he was suspended and later resigned.
Sanchez pleaded no contest to sexual assault last month and was sentenced on Monday.
City Settles Lawsuit in Police Misconduct Case
Police told Jason Giandomenico to stay away from a Hawthorne liquor store. He admits to ignoring the order, but said that was no reason for an officer to break his jaw.
In October, the city paid Giandomenico $275,000 to settle his legal claim.
The payout propelled Hawthorne's settlements in police misconduct cases over the past five or so years beyond the $2 million mark, according to a Daily Breeze analysis.
Tommy Kang, the officer involved in the confrontation with Giandomenico, was responsible for more than a quarter of the city's payouts. Kang, a Medal of Valor recipient, is no longer with the force.
In another incident, Kang fractured Alex Rivera's neck during a domestic disturbance arrest at his home in 2007. Rivera, who claimed he was struck and hogtied by Kang, settled his case against the city in August for $340,000.
Kang was also named in two other claims stemming from the same shooting outside a bar on Christmas Day in 2003.
The city did not settle those claims, filed by a bystander shot in the foot and the family of a gunman killed by the officers.
The bystander filed a federal lawsuit, but a judge dismissed it on its merits without awarding anything, according to court records.
Kang and his partner received the Medal of Valor for the shooting in 2004.
It does not appear from the records that any one officer, aside from Kang, stands out as overly aggressive.
In all, his actions have cost the city $615,000.
Since 2004, the city has paid $2,117,200 to settle 15 claims of excessive force and other civil rights allegations.
It is difficult to compare Hawthorne's figures to other South Bay cities because of vastly different demographics and crime trends. However, one similarly sized city with nearly the same number of sworn officers has paid out only $20,000 in a single police misconduct case over the same time period.
Some Hawthorne officials, who asked not to be named, expressed concern about the payouts. They cited the expense to taxpayers, as well as public safety concerns.
A police spokesman, though, said there is nothing disturbing about the record.
"Compared to the amount of arrests and crimes in our city, and what our police officers are faced against every day, we feel that is not an unreasonable number, compared to neighboring cities," Lt. Mike Ishii said.
"If you take this into account, I would say it shows that, by and large, our officers are doing an effective job fighting crime and keeping the streets safe under difficult conditions," he added.
Ishii and City Manager Jag Pathirana said every significant incident of excessive force or civil rights violations is met with an appropriate response, which has included additional training and, in some cases, discipline of officers.
"We do learn from our mistakes," Pathirana added. "Corrective action has been taken every time."
Ishii confirmed that, as of Sept. 30, Kang was no longer employed by the city. He said he could not elaborate on the details of Kang's employment status because it is a personnel matter.
However, experts say that personnel actions and large settlements bring validity to such claims.
"If they're settling them at these numbers, I would say these claims are probably meritorious," Karen Blum, a professor at Suffolk University School of Law in Boston, said of Hawthorne.
Cases alleging police misconduct and civil rights violations are generally difficult for plaintiffs to win, Blum said.
But Blum, city officials and lawyers on both sides of police litigation know that many decisions to settle are based on economics.
"Of course, the downside to that is you look out the front door and there's a line of lawyers looking for their settlement check. A city can get a reputation," said Bruce Praet, an attorney at Ferguson, Praet & Sherman in Santa Ana who specializes in defending cities in police misconduct litigation.
"Anybody can file a lawsuit for anything and it's not infrequent that people who engage in confrontations with law enforcement, frankly, have little to lose by filing a lawsuit - and plenty to gain," added Praet, who does not represent Hawthorne.
Before a lawsuit can be filed against a government entity in state court, a legal claim must be filed. Once a claim is denied - or sometimes ignored - a lawsuit can be filed.
However, federal civil rights lawsuits do not require the filing of a government claim first.
In Hawthorne, City Attorney Russell Miyahira said, each settlement recommendation is made with "prudent risk management decisions."
Any characterization that the city has settled "a lot" of cases for a substantial amount of money is wrong, he said.
"Anybody can make a claim of misconduct," said Miyahira, who declined to discuss individual cases. "A lot of them are unfounded."
In one unusual case, however, Hawthorne paid a $40,000 settlement to a man who never even filed a claim for injuries he received during an arrest.
Omar Hill tried two times to file a federal lawsuit without an attorney, but it appears from court records he couldn't afford the filing fees and was never successful.
Hill's 2006 arrest was captured on video by a patrol car camera. According to sources who viewed the footage, Hill is first seen on the ground in handcuffs with officers holding him down.
When the patrol car stops, another officer enters the frame, runs to Hill, and kicks him in the head, face and back.
It's not clear why Hill was being arrested. California Department of Corrections and Rehabilitation show he is a repeat offender who has had several prison commitments.
Records show he is serving six years for an assault with a firearm conviction.
Miyahira, the city attorney, confirmed that Hill was offered a settlement even though no claim was filed.
Praet, the defense litigator, said the city's decision to approach Hill with an offer is not uncommon in his line of work.
"We're going to take care of that person, do the right thing and pay their medical expenses and make them whole," Praet said.
However, Thomas Beck, who specializes in police civil rights cases, said he has never heard of a government agency offering that much money when a legal claim has not been submitted.
"The reason that happened is because of that piece of tape and the behavior of those cops," Beck speculated.
In August, at the request of Mayor Larry Guidi, Miyahira authored a memo to the City Council detailing the 13 cases settled at that point by the city during the previous five years.
Guidi declined comment, calling it a "personnel matter."
Pathirana, though, said he knows the facts of each case and said the settlements are "unfortunately, the cost of doing business."
Pathirana noted that the city is responsible only for the first $250,000 of any settlement under its insurance policy.
That means that, of the 15 settlements, about $1.2 million was paid by Hawthorne taxpayers.
Nearly half of the money was to settle one claim.
A former Hawthorne couple received $1 million earlier this year after a rough arrest resulted in a broken jaw for Anthony Goodrow, who also claimed his medical care was delayed and officers submitted false reports to justify his arrest.
That incident led to a police misconduct investigation by the District Attorney's Office that is still ongoing.
The other 14 settlements ranged from $2,000 to the $340,000 paid to Rivera, with most being less than $100,000.
The majority claimed false arrest, with a handful stemming from injury complaints.
In 2004, a $50,000 settlement was paid to then-Gardena Councilman Steve Bradford. Bradford, recently elected to the state Assembly, claimed he was wrongly arrested in 2002 because he is black.
No Hawthorne Police Officer Association representatives returned telephone calls or e-mails.
The Daily Breeze analysis also included a review of claims, lawsuits and settlements in three other South Bay cities in the last five years.
Although no two cities are exactly alike, Torrance, Gardena and Hermosa Beach were chosen because they compare similarly to Hawthorne in terms of police force size, crime statistics and demographics of the residents.
As of September, the city of Torrance, which is the largest in this analysis with 246 sworn officers and a population of nearly 141,600, had paid more than $1.5 million to settle 11 cases during the same five-year period.
One case accounts for nearly half of the money. The city paid $700,000 to family members of two burglary suspects who were shot after hiding out in a tool shed during a search in 2008.
Three other claims stemming from officer-involved shootings account for a bit more than $600,000, according to city records.
Gardena, which has 91 sworn officers serving nearly 92,500 residents, settled one misconduct claim in the same time period by paying $20,000 to a schoolteacher who said he was wrongly arrested because he is black, according to records and the man's attorney.
Hermosa Beach, a smaller city with just 39 sworn officers serving a population of approximately 18,500, paid $426,500 to settle four claims.
Nearly half of that money, though, was paid in recent weeks to settle a claim stemming from an August 2004 incident of alleged excessive force that sparked a federal investigation.
Although Hermosa Beach's demographics are not comparable to Hawthorne's, the city was included in the review because of its reported history of excessive force accusations that arise from alcohol-fueled confrontations at Pier Plaza.
Hawthorne, with a population of about 92,455 and 96 sworn officers, recorded four homicides, 919 assaults and 378 robberies in 2008. During that same year, Torrance had two homicides, 109 assaults and 173 robberies, while Gardena reported three homicides, 141 assaults and 230 robberies.
Still, Beck, the lawyer who specializes in police civil rights cases, said he doesn't believe Hawthorne police officers behave differently than officers in other cities.
"They don't stand out as having any more problems than any other agency," he said.
In October, the city paid Giandomenico $275,000 to settle his legal claim.
The payout propelled Hawthorne's settlements in police misconduct cases over the past five or so years beyond the $2 million mark, according to a Daily Breeze analysis.
Tommy Kang, the officer involved in the confrontation with Giandomenico, was responsible for more than a quarter of the city's payouts. Kang, a Medal of Valor recipient, is no longer with the force.
In another incident, Kang fractured Alex Rivera's neck during a domestic disturbance arrest at his home in 2007. Rivera, who claimed he was struck and hogtied by Kang, settled his case against the city in August for $340,000.
Kang was also named in two other claims stemming from the same shooting outside a bar on Christmas Day in 2003.
The city did not settle those claims, filed by a bystander shot in the foot and the family of a gunman killed by the officers.
The bystander filed a federal lawsuit, but a judge dismissed it on its merits without awarding anything, according to court records.
Kang and his partner received the Medal of Valor for the shooting in 2004.
It does not appear from the records that any one officer, aside from Kang, stands out as overly aggressive.
In all, his actions have cost the city $615,000.
Since 2004, the city has paid $2,117,200 to settle 15 claims of excessive force and other civil rights allegations.
It is difficult to compare Hawthorne's figures to other South Bay cities because of vastly different demographics and crime trends. However, one similarly sized city with nearly the same number of sworn officers has paid out only $20,000 in a single police misconduct case over the same time period.
Some Hawthorne officials, who asked not to be named, expressed concern about the payouts. They cited the expense to taxpayers, as well as public safety concerns.
A police spokesman, though, said there is nothing disturbing about the record.
"Compared to the amount of arrests and crimes in our city, and what our police officers are faced against every day, we feel that is not an unreasonable number, compared to neighboring cities," Lt. Mike Ishii said.
"If you take this into account, I would say it shows that, by and large, our officers are doing an effective job fighting crime and keeping the streets safe under difficult conditions," he added.
Ishii and City Manager Jag Pathirana said every significant incident of excessive force or civil rights violations is met with an appropriate response, which has included additional training and, in some cases, discipline of officers.
"We do learn from our mistakes," Pathirana added. "Corrective action has been taken every time."
Ishii confirmed that, as of Sept. 30, Kang was no longer employed by the city. He said he could not elaborate on the details of Kang's employment status because it is a personnel matter.
However, experts say that personnel actions and large settlements bring validity to such claims.
"If they're settling them at these numbers, I would say these claims are probably meritorious," Karen Blum, a professor at Suffolk University School of Law in Boston, said of Hawthorne.
Cases alleging police misconduct and civil rights violations are generally difficult for plaintiffs to win, Blum said.
But Blum, city officials and lawyers on both sides of police litigation know that many decisions to settle are based on economics.
"Of course, the downside to that is you look out the front door and there's a line of lawyers looking for their settlement check. A city can get a reputation," said Bruce Praet, an attorney at Ferguson, Praet & Sherman in Santa Ana who specializes in defending cities in police misconduct litigation.
"Anybody can file a lawsuit for anything and it's not infrequent that people who engage in confrontations with law enforcement, frankly, have little to lose by filing a lawsuit - and plenty to gain," added Praet, who does not represent Hawthorne.
Before a lawsuit can be filed against a government entity in state court, a legal claim must be filed. Once a claim is denied - or sometimes ignored - a lawsuit can be filed.
However, federal civil rights lawsuits do not require the filing of a government claim first.
In Hawthorne, City Attorney Russell Miyahira said, each settlement recommendation is made with "prudent risk management decisions."
Any characterization that the city has settled "a lot" of cases for a substantial amount of money is wrong, he said.
"Anybody can make a claim of misconduct," said Miyahira, who declined to discuss individual cases. "A lot of them are unfounded."
In one unusual case, however, Hawthorne paid a $40,000 settlement to a man who never even filed a claim for injuries he received during an arrest.
Omar Hill tried two times to file a federal lawsuit without an attorney, but it appears from court records he couldn't afford the filing fees and was never successful.
Hill's 2006 arrest was captured on video by a patrol car camera. According to sources who viewed the footage, Hill is first seen on the ground in handcuffs with officers holding him down.
When the patrol car stops, another officer enters the frame, runs to Hill, and kicks him in the head, face and back.
It's not clear why Hill was being arrested. California Department of Corrections and Rehabilitation show he is a repeat offender who has had several prison commitments.
Records show he is serving six years for an assault with a firearm conviction.
Miyahira, the city attorney, confirmed that Hill was offered a settlement even though no claim was filed.
Praet, the defense litigator, said the city's decision to approach Hill with an offer is not uncommon in his line of work.
"We're going to take care of that person, do the right thing and pay their medical expenses and make them whole," Praet said.
However, Thomas Beck, who specializes in police civil rights cases, said he has never heard of a government agency offering that much money when a legal claim has not been submitted.
"The reason that happened is because of that piece of tape and the behavior of those cops," Beck speculated.
In August, at the request of Mayor Larry Guidi, Miyahira authored a memo to the City Council detailing the 13 cases settled at that point by the city during the previous five years.
Guidi declined comment, calling it a "personnel matter."
Pathirana, though, said he knows the facts of each case and said the settlements are "unfortunately, the cost of doing business."
Pathirana noted that the city is responsible only for the first $250,000 of any settlement under its insurance policy.
That means that, of the 15 settlements, about $1.2 million was paid by Hawthorne taxpayers.
Nearly half of the money was to settle one claim.
A former Hawthorne couple received $1 million earlier this year after a rough arrest resulted in a broken jaw for Anthony Goodrow, who also claimed his medical care was delayed and officers submitted false reports to justify his arrest.
That incident led to a police misconduct investigation by the District Attorney's Office that is still ongoing.
The other 14 settlements ranged from $2,000 to the $340,000 paid to Rivera, with most being less than $100,000.
The majority claimed false arrest, with a handful stemming from injury complaints.
In 2004, a $50,000 settlement was paid to then-Gardena Councilman Steve Bradford. Bradford, recently elected to the state Assembly, claimed he was wrongly arrested in 2002 because he is black.
No Hawthorne Police Officer Association representatives returned telephone calls or e-mails.
The Daily Breeze analysis also included a review of claims, lawsuits and settlements in three other South Bay cities in the last five years.
Although no two cities are exactly alike, Torrance, Gardena and Hermosa Beach were chosen because they compare similarly to Hawthorne in terms of police force size, crime statistics and demographics of the residents.
As of September, the city of Torrance, which is the largest in this analysis with 246 sworn officers and a population of nearly 141,600, had paid more than $1.5 million to settle 11 cases during the same five-year period.
One case accounts for nearly half of the money. The city paid $700,000 to family members of two burglary suspects who were shot after hiding out in a tool shed during a search in 2008.
Three other claims stemming from officer-involved shootings account for a bit more than $600,000, according to city records.
Gardena, which has 91 sworn officers serving nearly 92,500 residents, settled one misconduct claim in the same time period by paying $20,000 to a schoolteacher who said he was wrongly arrested because he is black, according to records and the man's attorney.
Hermosa Beach, a smaller city with just 39 sworn officers serving a population of approximately 18,500, paid $426,500 to settle four claims.
Nearly half of that money, though, was paid in recent weeks to settle a claim stemming from an August 2004 incident of alleged excessive force that sparked a federal investigation.
Although Hermosa Beach's demographics are not comparable to Hawthorne's, the city was included in the review because of its reported history of excessive force accusations that arise from alcohol-fueled confrontations at Pier Plaza.
Hawthorne, with a population of about 92,455 and 96 sworn officers, recorded four homicides, 919 assaults and 378 robberies in 2008. During that same year, Torrance had two homicides, 109 assaults and 173 robberies, while Gardena reported three homicides, 141 assaults and 230 robberies.
Still, Beck, the lawyer who specializes in police civil rights cases, said he doesn't believe Hawthorne police officers behave differently than officers in other cities.
"They don't stand out as having any more problems than any other agency," he said.
Former Officer Maceo Simmons Re-Sentenced to 20 Years in Prison
A former Jackson police officer has been re-sentenced to 20 years in federal prison for sexually assaulting a woman while on duty in 1999.
The Clarion-Ledger reported that U.S. District Judge William Barbour Jr.'s ruling came Thursday in the case against Maceo Simmons.
The sentence is the third for Simmons in the same case since his 2005 conviction. Previous sentences were thrown out on appeal, based on how much prison time Simmons should have received under federal guidelines and the judge's discretion to deviate from them.
Simmons initially was sentenced to 20 years and later re-sentenced to life in prison.
The Clarion-Ledger reported that U.S. District Judge William Barbour Jr.'s ruling came Thursday in the case against Maceo Simmons.
The sentence is the third for Simmons in the same case since his 2005 conviction. Previous sentences were thrown out on appeal, based on how much prison time Simmons should have received under federal guidelines and the judge's discretion to deviate from them.
Simmons initially was sentenced to 20 years and later re-sentenced to life in prison.
Former Officer Maurice Morris Convicted of Attempted Sexual Battery
A former Riviera Beach K-9 officer was convicted today of attempted sexual battery, bribery and official misconduct and now faces an absolute maximum of 35 years in prison when sentenced in January.
Jurors convicted Maurice Morris following a trial last week featuring dueling stories: A prosecutor alleging he had sex with a female driver following a traffic stop, then disposed of two traffic tickets he had written her.
The defense argued that in an attempt to help her, Morris simply visited the woman's home to check her claim that she had a letter proving she didn't know her license was suspended. And that now she is inventing a story that he raped her.
Charged with sexual battery, punishable by up to 30 years in prison, jurors appeared to compromise with a lesser charge, finding him guilty of attempted sexual battery.
Morris' defense attorney, Nicole Sauvola, who could not immediately be reached following the verdict, has said she firmly believes in her client.
"He is not just not guilty. He is innocent. No good deed goes unpunished."
Assistant State Attorney Daliah Weiss argued at trial that Morris' brazen arrogance led him to have sex with the woman, an unsophisticated, vulnerable lady already in trouble with the law.
The woman was driving with a suspended license and on felony probation when she was stopped by Morris that morning in October 2008.
"She was ripe for the picking," said Weiss.
Weiss emphasized the missing traffic tickets — shown in the police dashboard video as last being handed to Morris — and his DNA being found in the woman's underwear.
It was not semen found there, though, but rather skin cells or another source that a DNA expert concluded Morris could not be excluded as a contributor to.
"Missing tickets. Rape. There you have it," Weiss argued before jurors. "And his DNA in her underwear."
According to Morris's story, and he did testify at trial, after he let the woman drive off after the traffic stop that morning, he happened to run into her again, her frantically waving him down as he drove home.
The GPS system in the patrol car he was driving showed he was at her home one hour and 23 minutes.
Too long to just read a letter, argued Weiss before jurors.
Too long for how the victim testified the sex act happened, said defense attorney Sauvola outside court. "She made it sound like two seconds," Sauvola said.
Weiss argued it is unbelievable that Morris would just happen to run into the woman once again, and let her drive off a second time with a suspended license, never calling for any kind of back-up or assistance.
Sauvola, Morris' attorney, emphasized irregularities in the DNA evidence in the case. For one thing, the woman turned in a different pair of underwear to police — a silver G-string, not the black undies, the wide band of which was visible in the video, she wore during the traffic stop.
On the first forensic testing of the silver G-string, no DNA was detected. But six months later in re-testing, some was then found, Sauvola said.
The woman was unable to identify Morris in either a photo lineup or in court — evidence, argued Weiss, that she had no motive to just make up a story of rape to get back at him. "And what was she angry about? Not getting a ticket?" Weiss said.
Under Florida law, it is considered a sexual battery without consent when a law enforcement or corrections officers "in a position of control or authority" or convincing the victim of their control, have sexual relations with someone.
Morris took an early retirement from the Riviera Police Department following his arrest. His alleged victim was recently jailed on unrelated attempted murder charge.
Jurors convicted Maurice Morris following a trial last week featuring dueling stories: A prosecutor alleging he had sex with a female driver following a traffic stop, then disposed of two traffic tickets he had written her.
The defense argued that in an attempt to help her, Morris simply visited the woman's home to check her claim that she had a letter proving she didn't know her license was suspended. And that now she is inventing a story that he raped her.
Charged with sexual battery, punishable by up to 30 years in prison, jurors appeared to compromise with a lesser charge, finding him guilty of attempted sexual battery.
Morris' defense attorney, Nicole Sauvola, who could not immediately be reached following the verdict, has said she firmly believes in her client.
"He is not just not guilty. He is innocent. No good deed goes unpunished."
Assistant State Attorney Daliah Weiss argued at trial that Morris' brazen arrogance led him to have sex with the woman, an unsophisticated, vulnerable lady already in trouble with the law.
The woman was driving with a suspended license and on felony probation when she was stopped by Morris that morning in October 2008.
"She was ripe for the picking," said Weiss.
Weiss emphasized the missing traffic tickets — shown in the police dashboard video as last being handed to Morris — and his DNA being found in the woman's underwear.
It was not semen found there, though, but rather skin cells or another source that a DNA expert concluded Morris could not be excluded as a contributor to.
"Missing tickets. Rape. There you have it," Weiss argued before jurors. "And his DNA in her underwear."
According to Morris's story, and he did testify at trial, after he let the woman drive off after the traffic stop that morning, he happened to run into her again, her frantically waving him down as he drove home.
The GPS system in the patrol car he was driving showed he was at her home one hour and 23 minutes.
Too long to just read a letter, argued Weiss before jurors.
Too long for how the victim testified the sex act happened, said defense attorney Sauvola outside court. "She made it sound like two seconds," Sauvola said.
Weiss argued it is unbelievable that Morris would just happen to run into the woman once again, and let her drive off a second time with a suspended license, never calling for any kind of back-up or assistance.
Sauvola, Morris' attorney, emphasized irregularities in the DNA evidence in the case. For one thing, the woman turned in a different pair of underwear to police — a silver G-string, not the black undies, the wide band of which was visible in the video, she wore during the traffic stop.
On the first forensic testing of the silver G-string, no DNA was detected. But six months later in re-testing, some was then found, Sauvola said.
The woman was unable to identify Morris in either a photo lineup or in court — evidence, argued Weiss, that she had no motive to just make up a story of rape to get back at him. "And what was she angry about? Not getting a ticket?" Weiss said.
Under Florida law, it is considered a sexual battery without consent when a law enforcement or corrections officers "in a position of control or authority" or convincing the victim of their control, have sexual relations with someone.
Morris took an early retirement from the Riviera Police Department following his arrest. His alleged victim was recently jailed on unrelated attempted murder charge.
Officer Jose Villarreal Arrested for Falsifying Documents
A Homestead police officer has been arrested, accused of falsifying documents to obtain U.S. citizenship.
Miami-Dade jail spokeswoman Janell Hall said 31-year-old Jose Villarreal was still in jail Monday on $250,000 bail. He was arrested and charged last week with official misconduct, uttering forged instruments and false official statements.
According to the Florida Department of Law Enforcement, Villarreal, who was born in Mexico, turned in a birth certificate with false information about his birthday, his middle name and his mother's name. He later applied for a law enforcement certification, using a copy of his citizenship certificate, which authorities say he falsely obtained.
Authorities said Villarreal, who was hired by Homestead police in 2006, has been placed on administrative leave with pay.
Police officers must have U.S. citizenship to work on the force.
Miami-Dade jail spokeswoman Janell Hall said 31-year-old Jose Villarreal was still in jail Monday on $250,000 bail. He was arrested and charged last week with official misconduct, uttering forged instruments and false official statements.
According to the Florida Department of Law Enforcement, Villarreal, who was born in Mexico, turned in a birth certificate with false information about his birthday, his middle name and his mother's name. He later applied for a law enforcement certification, using a copy of his citizenship certificate, which authorities say he falsely obtained.
Authorities said Villarreal, who was hired by Homestead police in 2006, has been placed on administrative leave with pay.
Police officers must have U.S. citizenship to work on the force.
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