A former Olanta police officer was arrested after deputies said he set fire to his mother’s car because he didn’t want to repair it, Florence County Sheriff Kenney Boone said.
Robert Brendon Smith, 28, of 428 Chester Road is charged with third-degree arson and filing a false report, Boone said.
Deputies said Smith and his neighbor, 40-year-old James David Morris of 439 Chester Road, set fire July 8 to a 2001 Dodge Dakota on Johnnie Lee Road in Coward, Boone said.
Investigators said the next day, Smith called central dispatch and reported the car stolen. When deputies arrived, Smith filed an incident report and signed an affidavit stating that he didn’t have anything to do with the vehicle disappearance, Boone said.
Arson investigators later found the truck and discovered that it had intentionally been set on fire by someone using an accelerant, the sheriff said.
The car was registered to Smith’s mother, but was routinely used by Smith and his wife.
Deputies think the suspects destroyed the vehicle because it needed some repairs to its transmission, Boone said.
Olanta Police Chief Mark Strickland said Smith resigned from the department Wednesday.
Smith was employed at the department for about 10 months, Strickland said.
Smith was released from the jail in Effingham on Thursday after posting a $5,000 person recognizance bond.
Morris, who also is charged with third-degree arson, remains custody awaiting a bond hearing.
The Olanta Police Department now has two officers, excluding the chief.
Saturday, July 19, 2008
Dallas Officer Fired
A Dallas police officer was fired today, two months after being accused of demanding money from a woman in exchange for not reporting gambling violations.
Senior Cpl. Minh Tran, 54, was arrested May 21 and has been indicted on a bribery charge.
Chief David Kunkle fired him for engaging in adverse conduct and failing to cooperate with an internal investigation, according to a news release.
Cpl. Tran is accused of receiving money from the woman on at least three occasions. His arrest came after a sting conducted by Dallas police.
He had worked for the agency since 2001.
Senior Cpl. Minh Tran, 54, was arrested May 21 and has been indicted on a bribery charge.
Chief David Kunkle fired him for engaging in adverse conduct and failing to cooperate with an internal investigation, according to a news release.
Cpl. Tran is accused of receiving money from the woman on at least three occasions. His arrest came after a sting conducted by Dallas police.
He had worked for the agency since 2001.
Officer Charged with Burglary and Assault
A Northam police officer has been charged with aggravated burglary, assault and unlawful damage.
Police will allege the woman, from the Wheatbelt District police office, committed the offences at a Northam home on Sunday.
She was not on duty at the time of the alleged incident and was charged with the offences by Internal Affairs Unit officers on Tuesday.
The charged officer, who has been stood down from operational duties, will appear in the Northam Magistrates Court on Monday.
Police will allege the woman, from the Wheatbelt District police office, committed the offences at a Northam home on Sunday.
She was not on duty at the time of the alleged incident and was charged with the offences by Internal Affairs Unit officers on Tuesday.
The charged officer, who has been stood down from operational duties, will appear in the Northam Magistrates Court on Monday.
Thursday, July 17, 2008
Probation Officer David Williams Accused of Harassing Client
COEUR D'ALENE
He's supposed to keep her on the right side of the law, but a North Idaho woman says her probation officer is harassing her instead.
Wanda Arrington says David Williams left drunk voice messages on her phone and tried to have inappropriate conversations with her.
The 44-year-old Coeur d'Alene woman says she received the disturbing phone calls last Thursday. Now, she wants to make sure other women aren't harrassed.
Arrington is trying to stay out of trouble. She's on probation after being charged with multiple DUIs.
"I was asleep Thursday and I heard my phone ringing at 2:26 in the morning," she says. "I got up and answered it and it was my probation officer."
But now she says the man in charge of keeping her on track abused his power. She says Williams tried having inappropriate conversations, accused her of violating her probation, and threatened to arrest her.
"When I told him I was going to put my jail clothes on, 'cause you can wear white, he wanted to know what color my panties were," says Arrington, "and he wanted to know and as soon as he found out my fiance was there, he wanted to know if he was naked."
Not only did Arrington feel her probation officer's comments were offensive, she says Williams left over a half dozen messages for her in a two-hour period. Some sounded drunk.
One saved message from 2:07 a.m. Thursday says, "Yes, Wanda, I received a call (hiccup) not so long ago from your phone, give me a call back."
The Idaho Department of Corrections declined an interview request for an on-camera interview, but officials did say the allegations of misconduct against Williams are being investigated and that he was put on paid administrative leave.
"If we violated, we have a drink, we go to jail for discrecianary time," Arrington says. "How come he can get drunk and harrass us on the phone?"
Idaho DOC officials say Williams has been a probation officer for 16 years and this is the first complaint filed against him by an offender. But court documents show williams was charged with stalking his ex-wife back in 2007.
Arrington wants make sure there aren't other victims.
"Not all probation officers are like that," she says. "I do believe that and there's going to be good and bad in everyone. I just want to make sure he didn't wrong someone that didn't deserve it."
The Department of Corrections expects to wrap up their investigation by next week.
He's supposed to keep her on the right side of the law, but a North Idaho woman says her probation officer is harassing her instead.
Wanda Arrington says David Williams left drunk voice messages on her phone and tried to have inappropriate conversations with her.
The 44-year-old Coeur d'Alene woman says she received the disturbing phone calls last Thursday. Now, she wants to make sure other women aren't harrassed.
Arrington is trying to stay out of trouble. She's on probation after being charged with multiple DUIs.
"I was asleep Thursday and I heard my phone ringing at 2:26 in the morning," she says. "I got up and answered it and it was my probation officer."
But now she says the man in charge of keeping her on track abused his power. She says Williams tried having inappropriate conversations, accused her of violating her probation, and threatened to arrest her.
"When I told him I was going to put my jail clothes on, 'cause you can wear white, he wanted to know what color my panties were," says Arrington, "and he wanted to know and as soon as he found out my fiance was there, he wanted to know if he was naked."
Not only did Arrington feel her probation officer's comments were offensive, she says Williams left over a half dozen messages for her in a two-hour period. Some sounded drunk.
One saved message from 2:07 a.m. Thursday says, "Yes, Wanda, I received a call (hiccup) not so long ago from your phone, give me a call back."
The Idaho Department of Corrections declined an interview request for an on-camera interview, but officials did say the allegations of misconduct against Williams are being investigated and that he was put on paid administrative leave.
"If we violated, we have a drink, we go to jail for discrecianary time," Arrington says. "How come he can get drunk and harrass us on the phone?"
Idaho DOC officials say Williams has been a probation officer for 16 years and this is the first complaint filed against him by an offender. But court documents show williams was charged with stalking his ex-wife back in 2007.
Arrington wants make sure there aren't other victims.
"Not all probation officers are like that," she says. "I do believe that and there's going to be good and bad in everyone. I just want to make sure he didn't wrong someone that didn't deserve it."
The Department of Corrections expects to wrap up their investigation by next week.
Ex-officer Accused of Shooting His Son
FRONT ROYAL
A former town police officer is free on bond after being charged with a felony and two misdemeanors for allegedly shooting at his son.
James Douglas "J.D." Striker, 51, of 4437 Remount Road, Front Royal, is charged with feloniously discharging a firearm within a dwelling on Tuesday and misdemeanors of reckless handling of a firearm and brandishing a firearm.
On Wednesday, Striker appeared in Warren County Juvenile and Domestic Relations Court and pleaded with Judge Ronald L. Napier to be released on bond. In contrast to the blue uniform that he had worn as a Front Royal police officer for 25 years, Striker was dressed in an orange jail-issued jumpsuit and was in leg irons.
Despite argument from Assistant Commonwealth's Attorney Nicholas L. Manthos that Striker continue to be held without bond due to the nature of the charges, Napier set bond at $15,000 secured. A Warren County jailer said Striker posted bond within about an hour of his court appearance.
Before providing the court with a summation of the evidence, Manthos said that Commonwealth's Attorney Brian M. Madden was reviewing the case and that the office may choose to have a special prosecutor appointed.
Napier scheduled a preliminary hearing for 10:15 a.m. on Aug. 21.
In his evidentiary summary, Manthos said Striker and his wife, Cathy Sue Striker, 49, had been arguing most of the day on Tuesday. Manthos said Mrs. Striker left the residence, saying that she was not coming back, and then locked herself in her van.
The Strikers' oldest son, Brian Striker, 29, who lives in the basement of the home with his fiancee, Mary Brennan, and two children, was concerned about his mother's mental state, Manthos said. Brian Striker banged on a window of his mother's van in an attempt to get her to come out, Manthos added.
J.D. Striker observed what was happening from his bedroom window and retrieved a .25-caliber semi-automatic pistol, Manthos said. Manthos said Striker claims to have fired a shot up in the air through a bedroom window.
Manthos said Brian Striker and Brennan's version of events is that J.D. Striker fired the pistol through a screen in their direction. Manthos said he was concerned about the volatility of J.D. Striker's actions.
J.D. Striker told the court that it appeared to him that his son was trying to break the glass out of Mrs. Striker's van. J.D. Striker said he never pointed the gun at anyone.
The class 1 misdemeanors each carry a maximum punishment of 12 months in jail and a $2,500 fine, while the class 4 felony carries range of punishment of two to 10 years in prison.
J.D. Striker called the felony charge a "smokescreen."
"I am a pillar of this community," he said.
One of the features of Striker's 2003 bid for sheriff in a race won by Sheriff Daniel T. McEathron came when Striker claimed that he could have information on the 1983 slaying of Front Royal police Sgt. Dennis Smedley. The case was reopened by the Police Department and Striker met with the state police, but the case remains unsolved.
"My wife needs me," Striker told the court, crying. "I need to be with my children."
Striker said his wife took two butcher's knives with her when she left to get in her van and that she is being treated for mental problems at an in-patient facility in Winchester.
The Strikers have a 20-year-old son, Bradley, who has cerebral palsy, and adopted daughters, 11 and 10.
Napier ordered that J.D. Striker have no contact with Brian Striker or Brennan, that he not possess firearms and that he not leave the state. Napier asked J.D. Striker how he would avoid contact with Brian Striker after learning they reside at the same house.
"We don't really mingle," J.D. Striker said.
Manthos appeared to be perplexed that Napier did not order J.D. Striker to stay away from the residence.
J.D. Striker's brother, John Striker, 57, said his brother retired from the Front Royal Police Department about a year ago after 25 years of service. John Striker, who was in court for the bond hearing, said his brother had lost his former residence as a result of foreclosure.
"I'm going to try to help him get out and wherever he wants to go to get hisself straightened out," John Striker said.
Warren County Sheriff's Office investigator L.M. Nelson says on the complaint form on file in court that she interviewed J.D. Striker, who told her that he shot through his master bedroom window "to scare his son into not beating on his mother's vehicle window." Nelson says she discovered a hole in the screen of a window in the master bedroom "along with 1 spent shell coming from a .25 semi-automatic handgun."
Nelson also appeared in court on Wednesday.
"Sometimes people make personal mistakes in their lives for a long time before they finally get help for their problems," Nelson said following the proceeding.
A former town police officer is free on bond after being charged with a felony and two misdemeanors for allegedly shooting at his son.
James Douglas "J.D." Striker, 51, of 4437 Remount Road, Front Royal, is charged with feloniously discharging a firearm within a dwelling on Tuesday and misdemeanors of reckless handling of a firearm and brandishing a firearm.
On Wednesday, Striker appeared in Warren County Juvenile and Domestic Relations Court and pleaded with Judge Ronald L. Napier to be released on bond. In contrast to the blue uniform that he had worn as a Front Royal police officer for 25 years, Striker was dressed in an orange jail-issued jumpsuit and was in leg irons.
Despite argument from Assistant Commonwealth's Attorney Nicholas L. Manthos that Striker continue to be held without bond due to the nature of the charges, Napier set bond at $15,000 secured. A Warren County jailer said Striker posted bond within about an hour of his court appearance.
Before providing the court with a summation of the evidence, Manthos said that Commonwealth's Attorney Brian M. Madden was reviewing the case and that the office may choose to have a special prosecutor appointed.
Napier scheduled a preliminary hearing for 10:15 a.m. on Aug. 21.
In his evidentiary summary, Manthos said Striker and his wife, Cathy Sue Striker, 49, had been arguing most of the day on Tuesday. Manthos said Mrs. Striker left the residence, saying that she was not coming back, and then locked herself in her van.
The Strikers' oldest son, Brian Striker, 29, who lives in the basement of the home with his fiancee, Mary Brennan, and two children, was concerned about his mother's mental state, Manthos said. Brian Striker banged on a window of his mother's van in an attempt to get her to come out, Manthos added.
J.D. Striker observed what was happening from his bedroom window and retrieved a .25-caliber semi-automatic pistol, Manthos said. Manthos said Striker claims to have fired a shot up in the air through a bedroom window.
Manthos said Brian Striker and Brennan's version of events is that J.D. Striker fired the pistol through a screen in their direction. Manthos said he was concerned about the volatility of J.D. Striker's actions.
J.D. Striker told the court that it appeared to him that his son was trying to break the glass out of Mrs. Striker's van. J.D. Striker said he never pointed the gun at anyone.
The class 1 misdemeanors each carry a maximum punishment of 12 months in jail and a $2,500 fine, while the class 4 felony carries range of punishment of two to 10 years in prison.
J.D. Striker called the felony charge a "smokescreen."
"I am a pillar of this community," he said.
One of the features of Striker's 2003 bid for sheriff in a race won by Sheriff Daniel T. McEathron came when Striker claimed that he could have information on the 1983 slaying of Front Royal police Sgt. Dennis Smedley. The case was reopened by the Police Department and Striker met with the state police, but the case remains unsolved.
"My wife needs me," Striker told the court, crying. "I need to be with my children."
Striker said his wife took two butcher's knives with her when she left to get in her van and that she is being treated for mental problems at an in-patient facility in Winchester.
The Strikers have a 20-year-old son, Bradley, who has cerebral palsy, and adopted daughters, 11 and 10.
Napier ordered that J.D. Striker have no contact with Brian Striker or Brennan, that he not possess firearms and that he not leave the state. Napier asked J.D. Striker how he would avoid contact with Brian Striker after learning they reside at the same house.
"We don't really mingle," J.D. Striker said.
Manthos appeared to be perplexed that Napier did not order J.D. Striker to stay away from the residence.
J.D. Striker's brother, John Striker, 57, said his brother retired from the Front Royal Police Department about a year ago after 25 years of service. John Striker, who was in court for the bond hearing, said his brother had lost his former residence as a result of foreclosure.
"I'm going to try to help him get out and wherever he wants to go to get hisself straightened out," John Striker said.
Warren County Sheriff's Office investigator L.M. Nelson says on the complaint form on file in court that she interviewed J.D. Striker, who told her that he shot through his master bedroom window "to scare his son into not beating on his mother's vehicle window." Nelson says she discovered a hole in the screen of a window in the master bedroom "along with 1 spent shell coming from a .25 semi-automatic handgun."
Nelson also appeared in court on Wednesday.
"Sometimes people make personal mistakes in their lives for a long time before they finally get help for their problems," Nelson said following the proceeding.
Officer Joseph Hughes Back in Custody
MOUNT GILEAD
A police officer already facing charges, including one count of theft in office, is back in custody.
Joseph Q. Hughes, 21, formerly of the Mount Gilead Police Department, has been charged with five more felonies, states a press release issued Tuesday by the Morrow County Sheriff’s Office.
Hughes posted bond after his original arrest on July 8 and was immediately placed on unpaid administrative leave. He is no longer employed by the Mount Gilead Police Department and as of Tuesday still was incarcerated.
Hughes is accused of being connected with two different thefts, one involving 12 window air conditioners and a single-axle trailer and the other involving a lawn mower.
The air conditioners and trailer were found behind Hughes’ home on July 8 during a search. Warrants for a second search of his home and a property on County Road 11 in Morrow County recovered the stolen lawn mower.
Chief Deputy David Davis said Hughes’ second arrest resulted from those search warrants.
“We continued to check out information and obtain the additional warrants,” he said. “We believed there was more stolen property there.”
The five new charges against Hughes include two counts of tampering with evidence, a third-degree felony; one count of breaking and entering, a fifth-degree felony; one count of grand theft, a fourth-degree felony; and a second count of grand theft, a fifth-degree felony.
The fifth-degree felonies carry a possible sentence of 6-12 months in jail, the fourth-degree felonies 6-18 months and the third-degree felonies 1-5 years. Bond is set at $35,000.
Assistant Prosecuting Attorney Brent Yager was assigned to the case and declined to comment on the charges.
With Hughes’ dismissal and another Mount Gilead Police officer on medical leave, the normal force of seven full-time officers is two members short, said Police Chief Brian Zerman.
The situation has caused other changes in the department.
“It puts a lot of pressure on the officers,” Zerman said. “We’ve sat down with our officers and talked about what’s going on.
“Regardless of who it is and what it is, we still have a job to do and an obligation to the public.”
The Mount Gilead Police were investigating the June 9 report of the air conditioner theft. When Hughes became a suspect, Zerman called on the sheriff’s office to take over the investigation.
“Everybody was in shock at first. I guess it was disappointing. It’s one of those things that nobody wants to believe it,” he said.
“There was never indication that this was going on.”
Hughes’ was charged on July 8 with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth-degree felony; two counts of receiving stolen property, fifth-degree felonies; and one-count of obstruction of justice, a fifth-degree felony.
As an officer, Hughes made $17.35 an hour, and a normal work week was 40 hours.
When asked if there were any other suspects connected with the thefts in question, Davis said the investigation still is pending.
A police officer already facing charges, including one count of theft in office, is back in custody.
Joseph Q. Hughes, 21, formerly of the Mount Gilead Police Department, has been charged with five more felonies, states a press release issued Tuesday by the Morrow County Sheriff’s Office.
Hughes posted bond after his original arrest on July 8 and was immediately placed on unpaid administrative leave. He is no longer employed by the Mount Gilead Police Department and as of Tuesday still was incarcerated.
Hughes is accused of being connected with two different thefts, one involving 12 window air conditioners and a single-axle trailer and the other involving a lawn mower.
The air conditioners and trailer were found behind Hughes’ home on July 8 during a search. Warrants for a second search of his home and a property on County Road 11 in Morrow County recovered the stolen lawn mower.
Chief Deputy David Davis said Hughes’ second arrest resulted from those search warrants.
“We continued to check out information and obtain the additional warrants,” he said. “We believed there was more stolen property there.”
The five new charges against Hughes include two counts of tampering with evidence, a third-degree felony; one count of breaking and entering, a fifth-degree felony; one count of grand theft, a fourth-degree felony; and a second count of grand theft, a fifth-degree felony.
The fifth-degree felonies carry a possible sentence of 6-12 months in jail, the fourth-degree felonies 6-18 months and the third-degree felonies 1-5 years. Bond is set at $35,000.
Assistant Prosecuting Attorney Brent Yager was assigned to the case and declined to comment on the charges.
With Hughes’ dismissal and another Mount Gilead Police officer on medical leave, the normal force of seven full-time officers is two members short, said Police Chief Brian Zerman.
The situation has caused other changes in the department.
“It puts a lot of pressure on the officers,” Zerman said. “We’ve sat down with our officers and talked about what’s going on.
“Regardless of who it is and what it is, we still have a job to do and an obligation to the public.”
The Mount Gilead Police were investigating the June 9 report of the air conditioner theft. When Hughes became a suspect, Zerman called on the sheriff’s office to take over the investigation.
“Everybody was in shock at first. I guess it was disappointing. It’s one of those things that nobody wants to believe it,” he said.
“There was never indication that this was going on.”
Hughes’ was charged on July 8 with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth-degree felony; two counts of receiving stolen property, fifth-degree felonies; and one-count of obstruction of justice, a fifth-degree felony.
As an officer, Hughes made $17.35 an hour, and a normal work week was 40 hours.
When asked if there were any other suspects connected with the thefts in question, Davis said the investigation still is pending.
Retired Sgt David Roythorne Accused of Sexual Assaults
A "locker room culture" of racism and homophobia exists within the police service, according to an ex-officer accused of sex assaults.
Retired Sgt David Roythorne, 52, denies nine indecent assaults and three sexual assaults, allegedly committed while serving with the Northumbria force.
He told a jury at Newcastle Crown Court that antics like flicking naked colleagues with towels was commonplace.
He said no-one had ever complained during his time with the force.
During the trial, which is in its third week, Mr Roythorne, of Westmoor, North Tyneside, has been portrayed as a bully, who told some of his victims "RHIP - Rank Has Its Privileges" after subjecting them to alleged sex attacks.
It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to
David Roythorne
He is alleged to have frequently grabbed other officers and members of the public by the crotch, and thrust his genitals into other officers' faces and simulated sex.
The charges followed an IPCC investigation into the incidents, which were alleged to have happened between July 2001 and August 2006.
Giving evidence, Mr Roythorne said: "In my whole life as a police officer, I have never heard anybody say 'Don't do that.'
"Of course, the image projected to the general public, the government and the press, is that it doesn't happen any more, it does.
"It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to."
Car washing
Mr Roythorne said the complaints against him were made from within a department he had taken over and which he dubbed "sleepy hollow" because of the level of laziness.
He said some staff would clean their cars when they should have been working and that the department had not made an arrest for at least 15 years.
Mr Roythorne transferred to Northumbria Police in 1997 from the Met in London and retired from the police force in May 2007.
The trial continues.
Retired Sgt David Roythorne, 52, denies nine indecent assaults and three sexual assaults, allegedly committed while serving with the Northumbria force.
He told a jury at Newcastle Crown Court that antics like flicking naked colleagues with towels was commonplace.
He said no-one had ever complained during his time with the force.
During the trial, which is in its third week, Mr Roythorne, of Westmoor, North Tyneside, has been portrayed as a bully, who told some of his victims "RHIP - Rank Has Its Privileges" after subjecting them to alleged sex attacks.
It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to
David Roythorne
He is alleged to have frequently grabbed other officers and members of the public by the crotch, and thrust his genitals into other officers' faces and simulated sex.
The charges followed an IPCC investigation into the incidents, which were alleged to have happened between July 2001 and August 2006.
Giving evidence, Mr Roythorne said: "In my whole life as a police officer, I have never heard anybody say 'Don't do that.'
"Of course, the image projected to the general public, the government and the press, is that it doesn't happen any more, it does.
"It's like saying homophobia doesn't exist and racism doesn't exist, it does, only people are more aware of who they say it to."
Car washing
Mr Roythorne said the complaints against him were made from within a department he had taken over and which he dubbed "sleepy hollow" because of the level of laziness.
He said some staff would clean their cars when they should have been working and that the department had not made an arrest for at least 15 years.
Mr Roythorne transferred to Northumbria Police in 1997 from the Met in London and retired from the police force in May 2007.
The trial continues.
Judge Modifies Drew Peterson Bond
JOLIET, Ill.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
RelatedStories
Drew Peterson Charged With Felony Weapons Offense After Surrendering to Police Photo Essays
Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
A Will County judge modified Drew Peterson's bond Monday, allowing him to leave Illinois on vacation with his children while the judge mulls a defense motion to dismiss felony weapons charges.
A grand jury indicted the former Bolingbrook police sergeant Thursday on two felonies related to a semiautomatic rifle seized by authorities investigating the disappearance of his wife, Stacy. The new charges, filed Friday, supersede a single felony weapons charge filed May 21, alleging Peterson possessed an assault rifle with a barrel shorter than allowed by law.
The new indictment alleges Peterson possessed a modified assault rifle and that he unlawfully transferred the rifle to his son, Stephen. Police seized the rifle and 10 other guns during a Nov. 1 search at Peterson's house for clues after Stacy Peterson disappeared.
Peterson has been named a suspect in his wife's disappearance but hasn't been charged. Investigators have also exhumed the body of Peterson's third wife Kathleen. Her death was ruled a homicide.
During the two-hour hearing Monday, Peterson's lawyer, Joel Brodsky, argued his client was immune from prosecution for the gun charges because he was still a police officer when authorities seized the weapon.
RelatedStories
Drew Peterson Charged With Felony Weapons Offense After Surrendering to Police Photo Essays
Search Continues for Missing Chicago Mom Drew Peterson Brodsky repeatedly referred to the Law Enforcement Officers Safety Act, legislation passed by Congress in 2004, that Brodsky said entitled Peterson to possess a rifle not allowed for private citizens.
The law allows police officers to carry and conceal weapons as long as they have been transported through interstate commerce. It prohibits three categories of weapons that police may not carry, including machine guns, weapons equipped with silencers and explosives.
Brodsky did not contest that the barrel on Peterson's rifle was too short under state law. Instead, he argued Peterson cannot be charged because federal law supersedes state law.
"The state can't void the cloak of immunity by charging (Peterson with) possessing but not illegal carrying," Brodsky said. "They are manipulating the charges. Clearly, you can not conceal carry without possessing."
The federal law shields officers from prosecution by allowing them to carry weapons that some states may deem illegal, Brodsky said.
Assistant State's Attorney John Connor said the immunity does not extend to a police officer who knowingly carries or keeps a weapon that is illegal in his home state.
The legislation was meant to protect police officers who cross state lines from being prosecuted if they have handguns that are legal in their home state but banned in another jurisdiction, he said.
Connor noted Peterson had the rifle modified, resulting in the shorter barrel. As a police officer Peterson should have known the modification made the weapon illegal, he said.
"Our officers are expected to know the law under which they operate," Connor said.
Will County Judge Richard Schoenstedt scheduled a hearing for July 30, when he said he would likely give his decision.
Schoenstedt said if Peterson leaves the state, he has to file a travel itinerary in advance with the county probation department. Peterson waived his extradition rights and agreed to be tried in absentia should he miss any legal proceedings to win the judge's approval to travel to Florida to vacation with his children.
Officer Killed Man after being Distracted by Texting
TAUNTON
A state employee from Stoughton was distracted by his cellphone when he struck and killed a man with his car last weekend, in the latest fatal accident in Massachusetts involving text messaging, authorities say.
Michael L. Faria, whom Easton police identified as a police officer for the Department of Mental Health, pleaded not guilty in Taunton District Court yesterday to charges stemming from an accident that killed John J. McCarthy, 58, of Brockton, as McCarthy walked on Washington Street in Easton early Saturday.
Judge Kevan Cunningham ordered Faria, 33, held on $50,000 cash bail on charges of homicide by motor vehicle, operating to endanger, and leaving the scene of an accident.
Alison Goodwin, Health and Human Services spokeswoman, confirmed that Faria worked for the department, but said she could not comment on his position or status.
The accident followed two deaths believed to have been related, at least in part, to text messaging. In December, 13-year-old Earman Machado was struck and killed in Taunton by a driver who later told police he was trying to send a text message. In October, 17-year-old Amanda Martin of Southbridge was killed when she drove off the road after receiving a text message.
The deaths occurred as lawmakers were considering a ban on using hand-held cellphones while driving. A bill that passed in the House in January is now in the Senate, said Representative Joseph F. Wagner, a Chicopee Democrat who sponsored the bill.
Wagner said he has long felt text messaging was dangerous.
"It is a major distraction to the safe operation of a motor vehicle, and I think if we can eliminate that distraction, we should," he said.
McCarthy, a Vietnam War veteran and father of two who often walked in the early morning for exercise, was believed to have been struck about 4:15 a.m. Saturday, said Bristol Assistant District Attorney Jessica Lennon. Outside court after yesterday's hearing, the McCarthy family's lawyer, Thomas J. Minichiello, said a Good Samaritan called police at 4:41 a.m. Lennon said McCarthy was alive but bleeding heavily from his head, arms, and legs when police arrived.
McCarthy later died at Caritas Good Samaritan Medical Center in Brockton.
Reading from the police report yesterday, Lennon said that, based on a tip, police went to the home of an Easton man, who told them that Faria had been drinking earlier that evening and had been at his house until just before the accident. The man said Faria called him sometime after he left and said he had been looking down at his phone, text messaging, when he thought he hit someone, Lennon said.
When the man asked what happened, Faria responded, "I don't know; I didn't go back," according to the police report.
"It is quite possible that if the defendant had contacted 911 at the time of the crash, the victim would be alive today," Lennon said.
Lennon argued for $250,000 bail, calling Faria a flight risk.
Faria, Lennon said, went to Maine after the accident. An anonymous caller told police Monday that her daughter was at the Easton home where Faria had been and overheard a phone conversation about the accident. Police tried to call Faria later that day, Lennon said, but he did not return their calls. He also made some repairs to his sport utility vehicle, which was damaged in the accident, Lennon said.
Faria's lawyer, John LaChance of Framingham, said his client had no obligation to return phone calls until a warrant was issued on Tuesday, when he turned himself in.
Faria "could have crossed over to Canada, gone anywhere he wanted to," said LaChance, who argued for $5,000 bail.
Detective Sergeant John Lynn of the Easton Police Department said he did not know whether police would file charges against anyone else.
Donald Fisher, a professor at the University of Massachusetts-Amherst who studies distracted driving, said he considers text messaging "probably the single most dangerous" activity someone could do while driving.
A study released last year by the National Highway Traffic Safety Administration found that nearly 80 percent of all crashes and 65 percent of all near crashes occur when drivers are distracted and that the leading cause of distraction is dialing or talking on cellphones.
A survey released last year by Nationwide Mutual Insurance indicated that 19 percent of all drivers - and 37 percent of drivers ages 18 to 27 - engage in text messaging while driving.
"It requires a lot of your mental focus, and it occurs over a long period of time," Fisher said.
A state employee from Stoughton was distracted by his cellphone when he struck and killed a man with his car last weekend, in the latest fatal accident in Massachusetts involving text messaging, authorities say.
Michael L. Faria, whom Easton police identified as a police officer for the Department of Mental Health, pleaded not guilty in Taunton District Court yesterday to charges stemming from an accident that killed John J. McCarthy, 58, of Brockton, as McCarthy walked on Washington Street in Easton early Saturday.
Judge Kevan Cunningham ordered Faria, 33, held on $50,000 cash bail on charges of homicide by motor vehicle, operating to endanger, and leaving the scene of an accident.
Alison Goodwin, Health and Human Services spokeswoman, confirmed that Faria worked for the department, but said she could not comment on his position or status.
The accident followed two deaths believed to have been related, at least in part, to text messaging. In December, 13-year-old Earman Machado was struck and killed in Taunton by a driver who later told police he was trying to send a text message. In October, 17-year-old Amanda Martin of Southbridge was killed when she drove off the road after receiving a text message.
The deaths occurred as lawmakers were considering a ban on using hand-held cellphones while driving. A bill that passed in the House in January is now in the Senate, said Representative Joseph F. Wagner, a Chicopee Democrat who sponsored the bill.
Wagner said he has long felt text messaging was dangerous.
"It is a major distraction to the safe operation of a motor vehicle, and I think if we can eliminate that distraction, we should," he said.
McCarthy, a Vietnam War veteran and father of two who often walked in the early morning for exercise, was believed to have been struck about 4:15 a.m. Saturday, said Bristol Assistant District Attorney Jessica Lennon. Outside court after yesterday's hearing, the McCarthy family's lawyer, Thomas J. Minichiello, said a Good Samaritan called police at 4:41 a.m. Lennon said McCarthy was alive but bleeding heavily from his head, arms, and legs when police arrived.
McCarthy later died at Caritas Good Samaritan Medical Center in Brockton.
Reading from the police report yesterday, Lennon said that, based on a tip, police went to the home of an Easton man, who told them that Faria had been drinking earlier that evening and had been at his house until just before the accident. The man said Faria called him sometime after he left and said he had been looking down at his phone, text messaging, when he thought he hit someone, Lennon said.
When the man asked what happened, Faria responded, "I don't know; I didn't go back," according to the police report.
"It is quite possible that if the defendant had contacted 911 at the time of the crash, the victim would be alive today," Lennon said.
Lennon argued for $250,000 bail, calling Faria a flight risk.
Faria, Lennon said, went to Maine after the accident. An anonymous caller told police Monday that her daughter was at the Easton home where Faria had been and overheard a phone conversation about the accident. Police tried to call Faria later that day, Lennon said, but he did not return their calls. He also made some repairs to his sport utility vehicle, which was damaged in the accident, Lennon said.
Faria's lawyer, John LaChance of Framingham, said his client had no obligation to return phone calls until a warrant was issued on Tuesday, when he turned himself in.
Faria "could have crossed over to Canada, gone anywhere he wanted to," said LaChance, who argued for $5,000 bail.
Detective Sergeant John Lynn of the Easton Police Department said he did not know whether police would file charges against anyone else.
Donald Fisher, a professor at the University of Massachusetts-Amherst who studies distracted driving, said he considers text messaging "probably the single most dangerous" activity someone could do while driving.
A study released last year by the National Highway Traffic Safety Administration found that nearly 80 percent of all crashes and 65 percent of all near crashes occur when drivers are distracted and that the leading cause of distraction is dialing or talking on cellphones.
A survey released last year by Nationwide Mutual Insurance indicated that 19 percent of all drivers - and 37 percent of drivers ages 18 to 27 - engage in text messaging while driving.
"It requires a lot of your mental focus, and it occurs over a long period of time," Fisher said.
Officer Failed Required Sobriety Test After Shooting
NEW YORK
An off-duty police detective failed a required sobriety test after wounding an armed suspect, leading a union official to suggest Tuesday that officers will think twice about stepping in when they're off the job.
The shooting early Sunday was the first time an officer failed a Breathalyzer test since a rule took effect last September. The test — the same one used in drunken-driving stops — is now administered to any officer who kills or wounds someone. Previously, a senior officer at the scene would determine whether those involved appeared sober at the time.
In this case, the detective's blood alcohol content was 0.09 percent, and the legal limit is 0.08 percent, authorities said Tuesday.
Police officials said the shooting appeared to be justified; a preliminary investigation showed the officer faced an imminent threat of serious physical injury or death. But it wasn't clear whether the detective would face disciplinary charges over the test results.
"The fact that alcohol may have been consumed off duty doesn't necessarily mean that a shooting was outside of department guidelines," said police spokesman Paul Browne.
The police union contends the new rule is excessive.
"Among its problems is that it fails to take real-life police situations into account," said Patrick Lynch, Patrolmen's Benevolent Association president. "It sends a message to off-duty officers not to get involved in crime-fighting and prevention. It can make them hesitate to use their weapons even when quick action is called for."
The longtime detective, whose name was not released, was placed on modified duty while the case is reviewed.
Police said he saw a man being attacked near a Queens club and stepped in to stop it. A suspect opened fire and missed; the detective fired back, hitting the man in the arm and leg.
The attackers fled, but the 22-year-old shooter was later arrested at a Long Island hospital where he went for treatment, police said. On Tuesday, he remained hospitalized and faced charges of attempted murder. Two others were also arrested and charged with gang assault.
The Breathalyzer rule stemmed from an NYPD review of undercover work after the police killing of an unarmed man on his wedding day.
The union, which represents 23,000 officers, is challenging the rule in a federal lawsuit, arguing that it is flawed and violates officers' protection against unreasonable government searches.
Mayor Michael Bloomberg said that he would leave the decision to Police Commissioner Raymond Kelly, but that it appeared the detective did the right thing.
"He was off duty, he was enjoying himself — he has a right to do that; off-duty police officers have the right to carry weapons. He, by accident, saw something where people's lives were threatened, and he took appropriate action to stop that," Bloomberg said.
An off-duty police detective failed a required sobriety test after wounding an armed suspect, leading a union official to suggest Tuesday that officers will think twice about stepping in when they're off the job.
The shooting early Sunday was the first time an officer failed a Breathalyzer test since a rule took effect last September. The test — the same one used in drunken-driving stops — is now administered to any officer who kills or wounds someone. Previously, a senior officer at the scene would determine whether those involved appeared sober at the time.
In this case, the detective's blood alcohol content was 0.09 percent, and the legal limit is 0.08 percent, authorities said Tuesday.
Police officials said the shooting appeared to be justified; a preliminary investigation showed the officer faced an imminent threat of serious physical injury or death. But it wasn't clear whether the detective would face disciplinary charges over the test results.
"The fact that alcohol may have been consumed off duty doesn't necessarily mean that a shooting was outside of department guidelines," said police spokesman Paul Browne.
The police union contends the new rule is excessive.
"Among its problems is that it fails to take real-life police situations into account," said Patrick Lynch, Patrolmen's Benevolent Association president. "It sends a message to off-duty officers not to get involved in crime-fighting and prevention. It can make them hesitate to use their weapons even when quick action is called for."
The longtime detective, whose name was not released, was placed on modified duty while the case is reviewed.
Police said he saw a man being attacked near a Queens club and stepped in to stop it. A suspect opened fire and missed; the detective fired back, hitting the man in the arm and leg.
The attackers fled, but the 22-year-old shooter was later arrested at a Long Island hospital where he went for treatment, police said. On Tuesday, he remained hospitalized and faced charges of attempted murder. Two others were also arrested and charged with gang assault.
The Breathalyzer rule stemmed from an NYPD review of undercover work after the police killing of an unarmed man on his wedding day.
The union, which represents 23,000 officers, is challenging the rule in a federal lawsuit, arguing that it is flawed and violates officers' protection against unreasonable government searches.
Mayor Michael Bloomberg said that he would leave the decision to Police Commissioner Raymond Kelly, but that it appeared the detective did the right thing.
"He was off duty, he was enjoying himself — he has a right to do that; off-duty police officers have the right to carry weapons. He, by accident, saw something where people's lives were threatened, and he took appropriate action to stop that," Bloomberg said.
Officer Tommy Sanders III Charged with Manslaughter
A Baltimore grand jury indicted a city police officer yesterday on charges of voluntary and involuntary manslaughter in the fatal shooting of an unarmed man he was questioning in Northeast Baltimore in January, according to the state's attorney's office.
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
It is only the second time since 1996 that a Baltimore officer has been indicted in an on-duty police-involved shooting. The January shooting was one of 16 by city officers this year that have resulted in a dozen fatalities, one short of the number killed in all of last year.
Officer Tommy Sanders III, 37, is expected to surrender to authorities, city prosecutors said in a statement released after the indictment was returned. He is a six-year veteran of the force.
Paul Blair, the head of the city's Fraternal Order of Police, described Sanders as "very upset" and added: "He's got a family. ... He lives in the city, the type of police we want working in this department. Hopefully, he will have a fair day in court, and all of the facts will come out."
Sanders is charged with shooting Edward Lamont Hunt, a 27-year-old man he had deemed suspicious and had stopped about noon in the Hamilton Park Shopping Center on Northern Parkway. Sanders and Hunt struggled,and Hunt pulled away, police said.
Police said at the time that Sanders, fearing for his life, shot Hunt. Witnesses told The Sun that the officer searched Hunt before letting him go and shot him in the back a few moments later. Police have said that no weapon was found, but that drugs were discovered near the location.
Eddie Moore, 32, told The Sun that he was with his young daughter and watched the officer search Hunt twice and make him put his hands on his head before Hunt pulled away. Moore said the officer went after Hunt, firing at his back.
"They were standing there for a few minutes," Moore said. "Then the officer frisked Hunt again, patting down both of his legs. When the officer pulled out a pair of handcuffs, Hunt pulled away, and the officer ran after him firing."
The shooting elicited anger from the city branch of the National Association for the Advancement of Colored People, which called for an independent investigation. The FBI is conducting a civil rights investigation. Hunt was black, as is Sanders.
When told of the indictment yesterday, Hunt's girlfriend, Lakia Jeter, said: "I'm glad. I just hope it sticks. I hope that they found him guilty." Jeter said that she'd never seen Hunt with a weapon. She said Hunt had worked in Owings Mills and had moved from Virginia to live with her and their young son.
"That's what makes me feel bad, he came here to start a family for me," Jeter said. "This man was killed for nothing, as far as I can tell. Police cannot just go around killing people because they have a weapon and a badge."
But Michael J. Belsky, the officer's attorney, said Sanders has not been accused of any malice. "It is a very explainable and defensible situation," he said. "We intend to present evidence in court to explain that his was a fully explainable correct decision on the part of the officer." Sanders did not testify before the grand jury, said Michael Davey, another attorney representing him.
Sterling Clifford, a city police spokesman, said Sanders has been on administrative duty since the Jan. 30 shooting. The homicide unit investigates all police-involved shootings and turns its investigation over the prosecutor's office to review. State's Attorney Patricia C. Jessamy examines each case to determine whether she believes laws have been broken.
The last city officer to be indicted and convicted of a police-involved shooting while on duty was Sgt. Stephen R. Pagotto, who shot Preston E. Barnes in 1996 and was convicted of manslaughter in 1997. The conviction was overturned by the Court of Appeals, which concluded that the departmental guidelines he violated did not rise to the level of a criminal act.
Most shootings by city police are ruled justified. Jessamy has refused to take some to a grand jury, including one in 1997 in which an officer shot a man armed with a knife outside Lexington Market. The shooting was captured on videotape and sparked an outcry over the use of force. The city paid relatives of the man a half-million-dollar settlement, but the officer was never criminally charged.
"We can count on one hand the number of police officers who've been indicted for police-involved shootings," said Tim Dixon, a trial attorney who used to be a city police lieutenant. "Mrs. Jessamy doesn't take a lot of them there. There must be something particular about this that she wants the community to weigh in on."
Yesterday's indictment means that the grand jury believes there is probable cause that the officer committed a crime, but a trial will be needed to determine guilt or innocence. An arraignment is set for Aug. 29. The two counts, voluntary and involuntary manslaughter, represent the lowest charges for a homicide under Maryland law.
To convict on a charge of voluntary manslaughter, prosecutors must prove the officer honestly believed he needed to take a life, but any other reasonable person in the same situation would not have felt that way. To prove involuntary manslaughter, prosecutors must show that the officer acted in a "grossly negligent" manner.
"Neither is more culpable than the other," said Byron L. Warnken, a professor at the University of Baltimore School of Law. "One is voluntary. Both are felonies with a 10-year sentence."
Officer Charged with Stealing Water Hose
ANSONIA, Conn.
Decorated Ansonia police officer Mustafa Salahuddin has turned himself in to State Police on a theft charge.
Salahuddin's lawyer says his client has been charged with larceny for allegedly stealing a garden hose from the police department. Ansonia Police Chief Kevin Hale is declining to discuss details, but attorney Rob Serafinowicz says it's a case of retribution.
Serafinowicz believes the investigation is retribution for a successful complaint Salahuddin filed a decade ago with the state civil rights agency over his right as a Muslim to wear a trimmed beard.
Serafinowicz says the alleged theft involved a $25 garden hose that the department has in its possession.
Salahuddin has received the department's Distinguished Service Award and last year he received a Life-Saving Award.
Decorated Ansonia police officer Mustafa Salahuddin has turned himself in to State Police on a theft charge.
Salahuddin's lawyer says his client has been charged with larceny for allegedly stealing a garden hose from the police department. Ansonia Police Chief Kevin Hale is declining to discuss details, but attorney Rob Serafinowicz says it's a case of retribution.
Serafinowicz believes the investigation is retribution for a successful complaint Salahuddin filed a decade ago with the state civil rights agency over his right as a Muslim to wear a trimmed beard.
Serafinowicz says the alleged theft involved a $25 garden hose that the department has in its possession.
Salahuddin has received the department's Distinguished Service Award and last year he received a Life-Saving Award.
Officer Charged with Domestic Battery
DUNBAR, W.Va.
A Dunbar police officer has been placed on administrative leave pending an investigation into allegations that he slapped his wife about 20 times.
Fifty-year-old George Ike Rader is also accused of pressing his finger into his wife’s chest. He was charged Sunday with domestic battery.
According to the criminal complaint filed in Kanawha County Magistrate Court, Rader and his wife were arguing over showing favoritism to their children.
Rader acknowledges that he argued with his wife but says he only pushed her with his finger to get her out of his face. He denies slapping her.
Rader is free on bond.
Dunbar Police Chief Earl Whittington says criminal and internal investigations are being conducted.
A Dunbar police officer has been placed on administrative leave pending an investigation into allegations that he slapped his wife about 20 times.
Fifty-year-old George Ike Rader is also accused of pressing his finger into his wife’s chest. He was charged Sunday with domestic battery.
According to the criminal complaint filed in Kanawha County Magistrate Court, Rader and his wife were arguing over showing favoritism to their children.
Rader acknowledges that he argued with his wife but says he only pushed her with his finger to get her out of his face. He denies slapping her.
Rader is free on bond.
Dunbar Police Chief Earl Whittington says criminal and internal investigations are being conducted.
Wednesday, July 16, 2008
Officer Antonio Rotger Facing Domestic Violence Charges
A Boston cop busted in Florida for allegedly choking his wife in a booze-fueled Fourth of July argument has been placed on administrative leave and is facing domestic violence charges.
Antonio Rotger, 54, was sitting in the back of a car driven by his wife, with his 21-year-old stepdaughter in the front passenger seat, when he reached one hand around her neck and with his other hand tried to pull the keys out of the ignition as they entered an Orlando-area resort at about 4:30 p.m., according to an Orange County Sheriff’s Office report.
In a statement given to authorities three hours after the alleged attack, Rotger’s wife of six months said she had to bite her husband’s arm to get him to release the chokehold. After she put the car in park, her daughter grabbed the keys and alerted security at the resort, the report said.
His wife told authorities she would not press charges or testify in court. But her daughter said she would testify.
Rotger reeked of alcohol and had glassy eyes and slurred speech at the time of his arrest, according to the police report.
Rotger alleged that his wife had been drinking prior to the argument and denied choking her but said he may have shoved her in the head, the report states.
He is scheduled to be arraigned on a domestic violence charge Aug. 6 in Ocoee, just outside Orlando.
Rotger did not return a message, and attempts to reach his lawyer were unsuccessful. Police union officials could not be reached yesterday.
Orange County cops contacted Boston Police after Rotger’s arrest and he was immediately placed on paid administrative leave, said spokeswoman Elaine Driscoll.
“He will remain on administrative leave pending the outcome of a Boston police internal affairs investigation,” she said.
She said Rotger has a clean disciplinary record, although he has been the subject of internal affairs investigations before. Driscoll would not say for what.
In January, a review found that Boston police did not fire any of the 11 officers disciplined in the past two years for punching their spouses, striking their children or other violent incidents.
Since then, three more officers have been arrested on domestic violence-related charges and placed on administrative leave, Driscoll said.
Antonio Rotger, 54, was sitting in the back of a car driven by his wife, with his 21-year-old stepdaughter in the front passenger seat, when he reached one hand around her neck and with his other hand tried to pull the keys out of the ignition as they entered an Orlando-area resort at about 4:30 p.m., according to an Orange County Sheriff’s Office report.
In a statement given to authorities three hours after the alleged attack, Rotger’s wife of six months said she had to bite her husband’s arm to get him to release the chokehold. After she put the car in park, her daughter grabbed the keys and alerted security at the resort, the report said.
His wife told authorities she would not press charges or testify in court. But her daughter said she would testify.
Rotger reeked of alcohol and had glassy eyes and slurred speech at the time of his arrest, according to the police report.
Rotger alleged that his wife had been drinking prior to the argument and denied choking her but said he may have shoved her in the head, the report states.
He is scheduled to be arraigned on a domestic violence charge Aug. 6 in Ocoee, just outside Orlando.
Rotger did not return a message, and attempts to reach his lawyer were unsuccessful. Police union officials could not be reached yesterday.
Orange County cops contacted Boston Police after Rotger’s arrest and he was immediately placed on paid administrative leave, said spokeswoman Elaine Driscoll.
“He will remain on administrative leave pending the outcome of a Boston police internal affairs investigation,” she said.
She said Rotger has a clean disciplinary record, although he has been the subject of internal affairs investigations before. Driscoll would not say for what.
In January, a review found that Boston police did not fire any of the 11 officers disciplined in the past two years for punching their spouses, striking their children or other violent incidents.
Since then, three more officers have been arrested on domestic violence-related charges and placed on administrative leave, Driscoll said.
Veteran Officer Accused of Falsifing her Timecard
WASHINGTON
D.C. police are investigating whether a department firearms experts repeatedly falsified her timecards to get at least $100,000 in unearned pay.
Officials say that since at least 2005 the 23-year veteran officer recorded overtime on her timecard that she did not work and forged a supervisor's signature.
Assistant Police Chief Peter Newsham says the officer, whose name was not released, is on desk duty pending the results of the investigation and her police powers have been revoked.
Newsham says the U.S. attorney's office will determine whether to charge her with a crime.
D.C. police are investigating whether a department firearms experts repeatedly falsified her timecards to get at least $100,000 in unearned pay.
Officials say that since at least 2005 the 23-year veteran officer recorded overtime on her timecard that she did not work and forged a supervisor's signature.
Assistant Police Chief Peter Newsham says the officer, whose name was not released, is on desk duty pending the results of the investigation and her police powers have been revoked.
Newsham says the U.S. attorney's office will determine whether to charge her with a crime.
Lt Major Garvin Wants Free Coffee or He Won't Do His Job
DAYTONA BEACH, Fla.
A police lieutenant in Daytona Beach was fired over accusations that he threatened slower emergency response times if he was not given complimentary specialty Starbucks coffee drinks.
An internal police investigation found that Daytona Lt. Major Garvin received free coffee for about two years from a city Starbucks coffee store.
However, when recently denied free coffee from new management, Garvin allegedly told managers that he could change the police department's response time if they refuse to give him complimentary drinks.
Garvin is accused of saying, "If something happens, either we can respond really fast or we could respond really slow. I've been coming here for years and I've been getting whatever I want. I'm the difference between you getting a two-minute response time, if you needed a little help, or a 15 minutes response time."
However, when confronted about the comments, police said Garvin agreed to take a polygraph test.
When asked whether or not he threatened managers with adverse response times, Garvin responded, "no."
But polygraph test results suggested that the officer was lying. Officer Garvin was then fired.
Starbucks employees said Officer Garvin visited the Starbucks store six times a day during his shifts and intimidated some workers during visits.
"I want somebody protecting my streets who is honest and trustworthy," Starbucks customer Adam Cuddy said. "So, if he is going to fail a polygraph, whether it is about coffee or anything, I don't know how comfortable I feel as a citizen being protected."
The investigation also revealed that Garvin requested the complimentary coffee even when he was not on duty.
Garvin was hired by the department in 1993.
A police lieutenant in Daytona Beach was fired over accusations that he threatened slower emergency response times if he was not given complimentary specialty Starbucks coffee drinks.
An internal police investigation found that Daytona Lt. Major Garvin received free coffee for about two years from a city Starbucks coffee store.
However, when recently denied free coffee from new management, Garvin allegedly told managers that he could change the police department's response time if they refuse to give him complimentary drinks.
Garvin is accused of saying, "If something happens, either we can respond really fast or we could respond really slow. I've been coming here for years and I've been getting whatever I want. I'm the difference between you getting a two-minute response time, if you needed a little help, or a 15 minutes response time."
However, when confronted about the comments, police said Garvin agreed to take a polygraph test.
When asked whether or not he threatened managers with adverse response times, Garvin responded, "no."
But polygraph test results suggested that the officer was lying. Officer Garvin was then fired.
Starbucks employees said Officer Garvin visited the Starbucks store six times a day during his shifts and intimidated some workers during visits.
"I want somebody protecting my streets who is honest and trustworthy," Starbucks customer Adam Cuddy said. "So, if he is going to fail a polygraph, whether it is about coffee or anything, I don't know how comfortable I feel as a citizen being protected."
The investigation also revealed that Garvin requested the complimentary coffee even when he was not on duty.
Garvin was hired by the department in 1993.
Tuesday, July 15, 2008
UPDATE: Officer Will Remain Behind Bars
A Silverton policeman will remain behind bars as the courts process sex abuse charges against him and investigators ready a case for a grand jury that will consider the killing of a 20-year-old Irish citizen.
Officer Tony Gonzalez, who fatally shot an Irish national during a burglary call earlier this month, was arraigned in court Tuesday on sex abuse charges.
Cop in court for alleged sex abuse
Gonzalez was accused of molesting a teenage family member on at least 60 separate occasions. During his arraignment in court Tuesday, he was visibly emotional but said little.
Judge Joseph Ochoa rejected a bail request. Gonzalez is due back in court later in July.
He faces five counts of sex abuse and up to 13 years in prison, if convicted.
Gonzalez was booked into jail on Sunday. According to a Probable Cause Statement written by investigators, the victim told police that “The first incident of sexual abuse occurred when she was in the sixth or seventh grade.”
The abuse eventually stopped. But, it started up again last week, say investigators. The victim, accompanied by her mother, reported the abuse to police on Saturday.
Officer Gonzales was already on paid leave and under intense scrutiny after the June 30th shooting of A.J. Hanlon.
The 35-year old officer was responding to a burglary call when he shot and killed the Irish national in Silverton.
Prosecutors say the two cases are unrelated and will be handled independently.
Gonzales is scheduled to appear in a Marion County courtroom tomorrow morning.
Officer Tony Gonzalez, who fatally shot an Irish national during a burglary call earlier this month, was arraigned in court Tuesday on sex abuse charges.
Cop in court for alleged sex abuse
Gonzalez was accused of molesting a teenage family member on at least 60 separate occasions. During his arraignment in court Tuesday, he was visibly emotional but said little.
Judge Joseph Ochoa rejected a bail request. Gonzalez is due back in court later in July.
He faces five counts of sex abuse and up to 13 years in prison, if convicted.
Gonzalez was booked into jail on Sunday. According to a Probable Cause Statement written by investigators, the victim told police that “The first incident of sexual abuse occurred when she was in the sixth or seventh grade.”
The abuse eventually stopped. But, it started up again last week, say investigators. The victim, accompanied by her mother, reported the abuse to police on Saturday.
Officer Gonzales was already on paid leave and under intense scrutiny after the June 30th shooting of A.J. Hanlon.
The 35-year old officer was responding to a burglary call when he shot and killed the Irish national in Silverton.
Prosecutors say the two cases are unrelated and will be handled independently.
Gonzales is scheduled to appear in a Marion County courtroom tomorrow morning.
UPDATE: Officer Xavier Herrera to Remain in Custody
Two defendants-including an East Chicago, Ind., police officer-accused of conspiracy to possess and distribute three kilograms of cocaine remained in federal custody after a hearing Wednesday at the Dirksen Federal Building.
Officer Xavier Herrera, 47 was arrested on July 3 after he tried to purchase $60,000 worth of cocaine from an informant working with the U.S. Drug Enforcement Administration, according to a federal complaint. Chicago residents Juan Gutierrez, 29, and Fredrick Farmer, 34, were also arrested. Farmer was the ultimate purchaser of the drug, and Gutierrez was brokering the transaction with Herrera, according to the complaint.
At Wednesday's hearing, Magistrate Judge Susan E. Cox announced that Herrera, who was led into the courtroom in an orange jumpsuit and handcuffs with Farmer and Gutierrez, will remain in federal custody until Friday, when it will be decided whether or not he will be released on bond. Herrera's attorney, Frank Cece Jr., said the decision was not reached today because of "paperwork that has yet to be gathered."
At the time of Herrera's arrest, the officer signed a written statement admitting to his role in the drug ring, according to the complaint. However, when asked about the statement Cece replied, "The charging documents are not accurate relative to any involvement he may have had."
"He's an 18-year vet. He has several commendations, no criminal background," Cece said. "He's a good and decent guy."
The U.S. Attorney's office declined to comment on Cece's statement about the charging documents.
While Farmer also remains in federal custody after waiving his right to a detention hearing, Gutierrez was released on conditions including that he turn over his passport, enroll in a substance abuse program, relinquish any firearms and remain in northern Illinois. The news came as a relief to Gutierrez's family, who filled much of the courtroom.
"We all want him home, and hopefully we get this all behind us and move on," said Gutierrez's brother, Luis Ruiz. "Hopefully it works out for everybody," he added. "You hate to see anybody put away."
Officer Xavier Herrera, 47 was arrested on July 3 after he tried to purchase $60,000 worth of cocaine from an informant working with the U.S. Drug Enforcement Administration, according to a federal complaint. Chicago residents Juan Gutierrez, 29, and Fredrick Farmer, 34, were also arrested. Farmer was the ultimate purchaser of the drug, and Gutierrez was brokering the transaction with Herrera, according to the complaint.
At Wednesday's hearing, Magistrate Judge Susan E. Cox announced that Herrera, who was led into the courtroom in an orange jumpsuit and handcuffs with Farmer and Gutierrez, will remain in federal custody until Friday, when it will be decided whether or not he will be released on bond. Herrera's attorney, Frank Cece Jr., said the decision was not reached today because of "paperwork that has yet to be gathered."
At the time of Herrera's arrest, the officer signed a written statement admitting to his role in the drug ring, according to the complaint. However, when asked about the statement Cece replied, "The charging documents are not accurate relative to any involvement he may have had."
"He's an 18-year vet. He has several commendations, no criminal background," Cece said. "He's a good and decent guy."
The U.S. Attorney's office declined to comment on Cece's statement about the charging documents.
While Farmer also remains in federal custody after waiving his right to a detention hearing, Gutierrez was released on conditions including that he turn over his passport, enroll in a substance abuse program, relinquish any firearms and remain in northern Illinois. The news came as a relief to Gutierrez's family, who filled much of the courtroom.
"We all want him home, and hopefully we get this all behind us and move on," said Gutierrez's brother, Luis Ruiz. "Hopefully it works out for everybody," he added. "You hate to see anybody put away."
Man Dies Hours after Officers Use Taser on Him
A man accused of burglarizing a home has died at Memorial Hermann Hospital hours after police used a Taser to subdue him hours earlier in northeast Houston.
The burglary suspect was pronounced dead at approximately 2:30 a.m. Monday at the northwest branch of Memorial Hermann.
The suspect had tried to run from the location of a burglary on the 2700 block of Galaxy, according to Houston police.
Four other suspects were found in the home when officers arrived. An officer chased the runaway suspect and ended up in a struggle with him in a wooded area near the 9700 block of North Wayside Drive a short time later.
A back-up officer responded to his call for help and told his partner to step away before he fired his Taser once at the suspect.
The suspect was still combative, so the officer said he reloaded his Taser and fired it again, finally subduing the man.
The suspect went into convulsions for approximately fifteen minutes after the second Taser attempt by officers.
Police say the suspect was then taken to the hospital by ambulance where he was pronounced dead.
The officer who fought with the suspect was taken by ambulance to the hospital suffering from heat exhaustion. After he was treated for a few hours, the officer was able to go home, according to Houston Police Department spokesman John Cannon.
The four people who stayed in the house were taken to the police station for questioning.
The Harris County Medical Examiner will determine what caused the death of the suspect.
Cannon said that before this incident, HPD officers had deployed their Tasers 1,600 times since December 2004. He added that the Medical Examiner has yet to rule that a Taser has been the cause of any injury or death.
The burglary suspect was pronounced dead at approximately 2:30 a.m. Monday at the northwest branch of Memorial Hermann.
The suspect had tried to run from the location of a burglary on the 2700 block of Galaxy, according to Houston police.
Four other suspects were found in the home when officers arrived. An officer chased the runaway suspect and ended up in a struggle with him in a wooded area near the 9700 block of North Wayside Drive a short time later.
A back-up officer responded to his call for help and told his partner to step away before he fired his Taser once at the suspect.
The suspect was still combative, so the officer said he reloaded his Taser and fired it again, finally subduing the man.
The suspect went into convulsions for approximately fifteen minutes after the second Taser attempt by officers.
Police say the suspect was then taken to the hospital by ambulance where he was pronounced dead.
The officer who fought with the suspect was taken by ambulance to the hospital suffering from heat exhaustion. After he was treated for a few hours, the officer was able to go home, according to Houston Police Department spokesman John Cannon.
The four people who stayed in the house were taken to the police station for questioning.
The Harris County Medical Examiner will determine what caused the death of the suspect.
Cannon said that before this incident, HPD officers had deployed their Tasers 1,600 times since December 2004. He added that the Medical Examiner has yet to rule that a Taser has been the cause of any injury or death.
Moving Company Owned By Police Officer Accused Of Holding Furniture
DeLAND, Fla.
Customers who claim they were cheated by a local moving company were stunned to find out the owner wears a badge.
By day Detective Ignatius Jones takes aim at crime for the DeLand Police Department but found consumers who want Detective Jones investigated.
"I don't know what you're talking about," said Jones.
Jones co-owns T and J Moving and Storage in DeLand. It's a company Scott Chapman claims took him for a ride.
"It felt like ransom," said Chapman.
Chapman says an online moving broker gave him a $3,000 estimate to move from Tulsa to Ocala. T and J Moving got the job and Chapman claimed the bill was more than twice the estimate.
"$8,300," said Chapman.
Scott feared that if he didn’t pay, the drivers would drive off with all his stuff.
"I didn't think I would get them back unless I paid the money," said Chapman.
A former employee of T and G Moving says it was no accident. He says the company held customers' belongings hostage all the time.
"He's done it to every customer I had this week," said Kenny Dozier.
Dozier claims he quit T and J Moving after just 10 days because he was ordered to run up the bills.
"He charged them double what's on the contract and it's a written contract," said Dozier.
Florida's moving law prohibits a company from demanding cash only and it can't hold belongings hostage for payment.
"I don't know what's going on," said Jones, one of the company’s co-owners.
T and J Moving's other co-owner, Tev-el Benoon, said Dozier and several employees stole from the company. He said final bills only increased when customers added furniture or services.
Benoon himself, faces arraignment next month for a worthless check charge.
His customer, Scott Chapman, filed a complaint with the state.
"Where are the regulations? Where are these people," asked Chapman.
It was discovered Jones and Benoon had owned All American Van Lines, that shut down after a history of complaints.
DeLand Police said this is a personal matter for Detective Jones.
A number of mover complaints filed with the Division of Consumer Services has doubled in just a year.
When moving, insist on a binding written estimate, and whenever possible pay with a credit card, so you can dispute any questionable charges.
Customers who claim they were cheated by a local moving company were stunned to find out the owner wears a badge.
By day Detective Ignatius Jones takes aim at crime for the DeLand Police Department but found consumers who want Detective Jones investigated.
"I don't know what you're talking about," said Jones.
Jones co-owns T and J Moving and Storage in DeLand. It's a company Scott Chapman claims took him for a ride.
"It felt like ransom," said Chapman.
Chapman says an online moving broker gave him a $3,000 estimate to move from Tulsa to Ocala. T and J Moving got the job and Chapman claimed the bill was more than twice the estimate.
"$8,300," said Chapman.
Scott feared that if he didn’t pay, the drivers would drive off with all his stuff.
"I didn't think I would get them back unless I paid the money," said Chapman.
A former employee of T and G Moving says it was no accident. He says the company held customers' belongings hostage all the time.
"He's done it to every customer I had this week," said Kenny Dozier.
Dozier claims he quit T and J Moving after just 10 days because he was ordered to run up the bills.
"He charged them double what's on the contract and it's a written contract," said Dozier.
Florida's moving law prohibits a company from demanding cash only and it can't hold belongings hostage for payment.
"I don't know what's going on," said Jones, one of the company’s co-owners.
T and J Moving's other co-owner, Tev-el Benoon, said Dozier and several employees stole from the company. He said final bills only increased when customers added furniture or services.
Benoon himself, faces arraignment next month for a worthless check charge.
His customer, Scott Chapman, filed a complaint with the state.
"Where are the regulations? Where are these people," asked Chapman.
It was discovered Jones and Benoon had owned All American Van Lines, that shut down after a history of complaints.
DeLand Police said this is a personal matter for Detective Jones.
A number of mover complaints filed with the Division of Consumer Services has doubled in just a year.
When moving, insist on a binding written estimate, and whenever possible pay with a credit card, so you can dispute any questionable charges.
Drew Peterson Lawyers Seek to Dismiss Gun Charges
A Will County judge heard arguments Monday on whether to dismiss all felony gun charges against former Bolingbrook Police Sgt. Drew Peterson, who is suspected in the Oct. 28 disappearance of his wife, Stacy.
A grand jury last week indicted Peterson on two counts of unlawful use of a weapon for allegedly owning an assault rifle that was nearly 5 inches shorter than allowed by state law. The rifle was seized by authorities last fall as search warrants were executed in the Stacy Peterson case.
Drew Peterson's attorneys, Joel Brodsky and Andrew Abood, argued that under the federal Law Enforcement Officers Safety Act of 2004, Peterson was authorized to carry and possess the weapon despite a state law that says an assault rifle must be 16 inches long. The federal law permits law-enforcement officers and retired law-enforcement officers in good standing to carry a concealed firearm in any jurisdiction in the U.S., regardless of most state or local laws.
His attorneys said Peterson used the semiautomatic assault rifle while he was a police officer, which makes him an exception under state and federal laws.
Drew Peterson news "Mr. Peterson was qualified to use this gun by his own [department]," Abood said. "This is a very unique area of the law."
But Assistant State's Atty. John Connor countered that Peterson was not charged with carrying a concealed weapon, but with possession of an illegal weapon, which he argued was not protected by the federal act. He pointed to literature from the National Rifle Association as an example of responsible gun owners knowing the difference between "carrying" and "possessing" weapons, and chastised that police officers, of all people, should know the difference.
"The people's position is this: The weapon as currently confiscated is illegal," Connor said.
Judge Richard Schoenstedt said he expected to make his ruling July 30.
After the court hearing, Brodsky produced documents for reporters that he said came from the Bolingbrook Police Department proving that it knew Peterson had the gun.
A Bolingbrook police spokesman, Lt. Ken Teppel, acknowledged there was a department document saying Peterson had a personal assault rifle as a secondary weapon. While Peterson had qualified to shoot the gun in 2005 or 2006 at a training session, he had never received permission from the police chief to carry it on duty, Teppel said. He also questioned whether the weapon had been modified at the time of the training.
At the news conference, Brodsky said the length of the barrel at the training session was irrelevant.
Peterson, 54, was arrested in April shortly before he was to regain possession of his weapons from state police, who had seized them as part of their investigation into his missing wife, Stacy, who was 23 when she disappeared. A week after Peterson's arrest, Schoenstedt ordered state police to return eight of Peterson's weapons to his son Stephen, an Oak Brook police officer. Peterson's firearm owner's identification card has been revoked.
The gun at the center of Peterson's felony case has remained in police custody.
Authorities also are conducting a murder investigation into the 2004 drowning of Peterson's previous wife, Kathleen Savio. Peterson has not been charged in either case involving his spouses and maintains he has done nothing wrong.
After the court hearing, Peterson said he was feeling "comfortable with everything that took place today."
When asked if he feels as though he's a target of state police, Peterson told reporters, "You think? Oh, yeah."
A grand jury last week indicted Peterson on two counts of unlawful use of a weapon for allegedly owning an assault rifle that was nearly 5 inches shorter than allowed by state law. The rifle was seized by authorities last fall as search warrants were executed in the Stacy Peterson case.
Drew Peterson's attorneys, Joel Brodsky and Andrew Abood, argued that under the federal Law Enforcement Officers Safety Act of 2004, Peterson was authorized to carry and possess the weapon despite a state law that says an assault rifle must be 16 inches long. The federal law permits law-enforcement officers and retired law-enforcement officers in good standing to carry a concealed firearm in any jurisdiction in the U.S., regardless of most state or local laws.
His attorneys said Peterson used the semiautomatic assault rifle while he was a police officer, which makes him an exception under state and federal laws.
Drew Peterson news "Mr. Peterson was qualified to use this gun by his own [department]," Abood said. "This is a very unique area of the law."
But Assistant State's Atty. John Connor countered that Peterson was not charged with carrying a concealed weapon, but with possession of an illegal weapon, which he argued was not protected by the federal act. He pointed to literature from the National Rifle Association as an example of responsible gun owners knowing the difference between "carrying" and "possessing" weapons, and chastised that police officers, of all people, should know the difference.
"The people's position is this: The weapon as currently confiscated is illegal," Connor said.
Judge Richard Schoenstedt said he expected to make his ruling July 30.
After the court hearing, Brodsky produced documents for reporters that he said came from the Bolingbrook Police Department proving that it knew Peterson had the gun.
A Bolingbrook police spokesman, Lt. Ken Teppel, acknowledged there was a department document saying Peterson had a personal assault rifle as a secondary weapon. While Peterson had qualified to shoot the gun in 2005 or 2006 at a training session, he had never received permission from the police chief to carry it on duty, Teppel said. He also questioned whether the weapon had been modified at the time of the training.
At the news conference, Brodsky said the length of the barrel at the training session was irrelevant.
Peterson, 54, was arrested in April shortly before he was to regain possession of his weapons from state police, who had seized them as part of their investigation into his missing wife, Stacy, who was 23 when she disappeared. A week after Peterson's arrest, Schoenstedt ordered state police to return eight of Peterson's weapons to his son Stephen, an Oak Brook police officer. Peterson's firearm owner's identification card has been revoked.
The gun at the center of Peterson's felony case has remained in police custody.
Authorities also are conducting a murder investigation into the 2004 drowning of Peterson's previous wife, Kathleen Savio. Peterson has not been charged in either case involving his spouses and maintains he has done nothing wrong.
After the court hearing, Peterson said he was feeling "comfortable with everything that took place today."
When asked if he feels as though he's a target of state police, Peterson told reporters, "You think? Oh, yeah."
Officer Charged with Public Intoxication & Disorderly Conduct
ANDERSON
Prosecutors charged a city police officer with a pair of misdemeanors Monday saying he tried to provoke another man into fighting several months ago.
Prosecutor Thomas Broderick Jr. charged Anderson Police Officer Lincoln C. Brooks, 43, on Monday with public intoxication and disorderly conduct, both Class B misdemeanors, and provocation, a Class C infraction. The prosecutor claims Brooks tried to goad Mark A. Kumkoski into fighting him outside Kumkoski’s Home Avenue residence April 7.
Brooks, a 10-year department veteran currently assigned to desk duty, declined comment Monday. Police Chief Darron Sparks couldn’t be reached for comment.
Brooks’ attorney, Bryan Williams, said the officer realizes his mistake and wants to move on.
“We are pleased that it finally got charged,” Williams said, “because he’s ready to get it behind him and move on with his career.”
Broderick said he had two years to file charges, and he wanted to make sure the charges fit the allegations.
“I take the decision to file criminal charges as a serious matter,” the prosecutor said. “He’s entitled to fair review and deliberate review before the charges are filed.”
Brooks will not be arrested. Anderson City Court Prosecutor Eric Saltzmann said a summons will be sent to his home, citing him to make an initial court appearance on Aug. 1. A Class B misdemeanor carries a maximum punishment of 180 days behind bars and a $1,000 fine.
According to the probable cause affidavit filed with the charges:
Kumkoski, 40, called police, after Brooks showed up at his home at about 4:45 a.m., banged on his door and tried goading him into a fight. Brooks was off duty and not in uniform at the time of the incident.
Officers arrived at the scene and took Brooks into custody and then to the police station. Brooks wasn’t arrested that day. Instead, he was questioned and released into the custody of a family member several hours later.
He admitted to drinking several beers before going to Kumkoski’s home, and “admitted that he intended to fight Kumkoski,” according to the affidavit. “(Brooks) stated that due to personal issues that he and Mr. Kumkoski had been having he decided to go to Kumkoski’s house to confront him and settle their differences.”
Brooks, who makes $42,000 a year, was placed on paid administrative leave until returning June 19 to serve desk duty, Williams said.
Kumkoski previously said that Brooks was dating his ex-wife. Kumkoski couldn’t be reached for comment late Monday. Saltzmann said Kumkoski doesn’t face any criminal charges.
“He is not going to be charged with any crime as a result of this incident,” Saltzmann said.
Sgt. William Casey, APD spokesman, said any discipline Brooks could face won’t be decided until the legal case has been adjudicated, likely in mid-September.
Williams said Brooks’ record with the department will likely minimize any discipline he receives.
“I’m confident that they’ll not seek termination,” the attorney said, “but I won’t speculate beyond that.
“What helps Linc when it comes to the department is his 10 years of clean conduct. He’s a good guy who’s very well thought of by the department and the community. He’s human.”
Brooks was given the police department’s Combat Cross Award in February for having faced an armed suspect. Brooks shot to death Cheyenne Miller, 27, in April 2007 after Miller pulled a knife that resembled a gun inside a darkened garage in the 400 block of West 34th Street.
Officers had gone to a house where Miller had been staying, also on West 34th, to arrest him on an outstanding warrant. An internal investigation cleared Brooks of any wrongdoing.
“Linc’s interest in getting this behind him is because he’s been on the department for 10 years without a write-up and now this hits him,” Williams said. “It’s caused him a lot of stress that not only he has embarrassed his family, but also the department.”
Prosecutors charged a city police officer with a pair of misdemeanors Monday saying he tried to provoke another man into fighting several months ago.
Prosecutor Thomas Broderick Jr. charged Anderson Police Officer Lincoln C. Brooks, 43, on Monday with public intoxication and disorderly conduct, both Class B misdemeanors, and provocation, a Class C infraction. The prosecutor claims Brooks tried to goad Mark A. Kumkoski into fighting him outside Kumkoski’s Home Avenue residence April 7.
Brooks, a 10-year department veteran currently assigned to desk duty, declined comment Monday. Police Chief Darron Sparks couldn’t be reached for comment.
Brooks’ attorney, Bryan Williams, said the officer realizes his mistake and wants to move on.
“We are pleased that it finally got charged,” Williams said, “because he’s ready to get it behind him and move on with his career.”
Broderick said he had two years to file charges, and he wanted to make sure the charges fit the allegations.
“I take the decision to file criminal charges as a serious matter,” the prosecutor said. “He’s entitled to fair review and deliberate review before the charges are filed.”
Brooks will not be arrested. Anderson City Court Prosecutor Eric Saltzmann said a summons will be sent to his home, citing him to make an initial court appearance on Aug. 1. A Class B misdemeanor carries a maximum punishment of 180 days behind bars and a $1,000 fine.
According to the probable cause affidavit filed with the charges:
Kumkoski, 40, called police, after Brooks showed up at his home at about 4:45 a.m., banged on his door and tried goading him into a fight. Brooks was off duty and not in uniform at the time of the incident.
Officers arrived at the scene and took Brooks into custody and then to the police station. Brooks wasn’t arrested that day. Instead, he was questioned and released into the custody of a family member several hours later.
He admitted to drinking several beers before going to Kumkoski’s home, and “admitted that he intended to fight Kumkoski,” according to the affidavit. “(Brooks) stated that due to personal issues that he and Mr. Kumkoski had been having he decided to go to Kumkoski’s house to confront him and settle their differences.”
Brooks, who makes $42,000 a year, was placed on paid administrative leave until returning June 19 to serve desk duty, Williams said.
Kumkoski previously said that Brooks was dating his ex-wife. Kumkoski couldn’t be reached for comment late Monday. Saltzmann said Kumkoski doesn’t face any criminal charges.
“He is not going to be charged with any crime as a result of this incident,” Saltzmann said.
Sgt. William Casey, APD spokesman, said any discipline Brooks could face won’t be decided until the legal case has been adjudicated, likely in mid-September.
Williams said Brooks’ record with the department will likely minimize any discipline he receives.
“I’m confident that they’ll not seek termination,” the attorney said, “but I won’t speculate beyond that.
“What helps Linc when it comes to the department is his 10 years of clean conduct. He’s a good guy who’s very well thought of by the department and the community. He’s human.”
Brooks was given the police department’s Combat Cross Award in February for having faced an armed suspect. Brooks shot to death Cheyenne Miller, 27, in April 2007 after Miller pulled a knife that resembled a gun inside a darkened garage in the 400 block of West 34th Street.
Officers had gone to a house where Miller had been staying, also on West 34th, to arrest him on an outstanding warrant. An internal investigation cleared Brooks of any wrongdoing.
“Linc’s interest in getting this behind him is because he’s been on the department for 10 years without a write-up and now this hits him,” Williams said. “It’s caused him a lot of stress that not only he has embarrassed his family, but also the department.”
Boston Officer Accused of Choking Wife
BOSTON
A Boston police officer has been accused of choking his wife during an argument over the Fourth of July.
Antonio Rotger, 54, is on administrative leave and facing domestic violence charges.
Police said the assault happened while Rotger and his wife were vacationing in Florida.
Police said Rotger appeared drunk at the time of his arrest.
A Boston police officer has been accused of choking his wife during an argument over the Fourth of July.
Antonio Rotger, 54, is on administrative leave and facing domestic violence charges.
Police said the assault happened while Rotger and his wife were vacationing in Florida.
Police said Rotger appeared drunk at the time of his arrest.
Officer Accused of Fraudulent Overtime
WASHINGTON
A 23-year veteran of the D.C. Metropolitan Police Department is being investigated for allegedly collecting up to $200,000 in overtime -- fraudulently.
Police are looking into whether she falsified her time sheets in order to collect the overtime.
Police said the officer turned in her badge and gun and has been reassigned to desk duty while the investigation continues. The officer will still continue to collect her normal salary.
According to D.C. Assistant Police Chief Peter Newsham, the investigation has been handed over to the U.S. Attorney's office to determine whether criminal charges will be filed.
The officer, who works are a firearms expert in the training division, allegedly submitted bogus time sheets, which sources say could amount up to $200,000 in fraudulent overtime payments.
Police say this was an isolated incident and no one else is under investigation.
This story reminds us that excessive overtime has long been a problem that plagues D.C. government agencies and costs the city money.
A 23-year veteran of the D.C. Metropolitan Police Department is being investigated for allegedly collecting up to $200,000 in overtime -- fraudulently.
Police are looking into whether she falsified her time sheets in order to collect the overtime.
Police said the officer turned in her badge and gun and has been reassigned to desk duty while the investigation continues. The officer will still continue to collect her normal salary.
According to D.C. Assistant Police Chief Peter Newsham, the investigation has been handed over to the U.S. Attorney's office to determine whether criminal charges will be filed.
The officer, who works are a firearms expert in the training division, allegedly submitted bogus time sheets, which sources say could amount up to $200,000 in fraudulent overtime payments.
Police say this was an isolated incident and no one else is under investigation.
This story reminds us that excessive overtime has long been a problem that plagues D.C. government agencies and costs the city money.
UPDATE: Officer Accused of Receiving Stolen Property
MOUNT GILEAD, Ohio
A Mount Gilead police officer was taken back into custody after several stolen items were allegedly found inside his home late last week.
Officer Joseph Q. Hughes, 26, of Bellville, was charged with five new counts of breaking and entering, grand theft and evidence tampering.
According to the Morrow County Sheriff's Office, police and deputies executed search warrants at two locations and found several stolen items, including an air conditioning unit that was located at the county courthouse.
Hughes was fired from his police officer job, according to the Morrow County sheriff.
Last week other air conditioning units were found at Hughes' house near the Richland-Morrow county line and another location, The Columbus Dispatch reported.
Hughes posted a $500,000 bond on Wednesday before the warrants were executed later in the week.
Officer Michael Roberts Accused of Corruption Pleads Not Guilty
Minneapolis Police officer Michael Roberts pleaded not guilty today to federal corruption charges.
Roberts’ attorney, F. Clayton Tyler, said Roberts never sought out the informant who allegedly gave Roberts $200 for information from the city’s and state’s computer systems. And he never asked for money, Clayton said.
Clayton called it "a typical case of entrapment."
Roberts' next appearance in federal court is Aug. 8 and his trial has been tentatively been set for Nov. 3.
Roberts, 57, a 29-year veteran of the department, was relieved of duty in April after the allegations came to light. On Monday, the grand jury indicted Roberts on two counts of depriving the citizens of Minnesota of his honest services and one count of unauthorized access to a protected computer.
According to the indictment:
On Aug. 9, 2007, Roberts met with a person, T.T., whom he understood was involved in criminal activity. During that meeting, Roberts put through an inquiry to the National Crime Information Center and obtained nonpublic information from the State Driver Vehicle System regarding a Minnesota license plate number. Roberts gave that information to T.T. in exchange for $100.
The following day, T.T. asked for more information. Roberts said he couldn't provide it at that time because he did not have a squad car. But on Aug. 14, Roberts met with T.T. in Roberts' squad car. At the beginning of the meeting, T.T. told Roberts that he was a member of the Gangster Disciples street gang, and wanted information on someone who was allegedly providing information to police about T.T.'s drug dealing. Roberts accessed the Minneapolis Police Department's computer records system and provided information from the nonpublic portion of the system. Again, T.T. gave Roberts $100.
Shortly after taking the money, Roberts suspected that T.T. might be an informant, the indictment stated.
He filed a false police report, stating that when T.T. moved to shake Roberts' hand, he placed five $20 bills in the officer's hand. Roberts wrote that he later "property-inventoried" the money. But according to the indictment, the money was never put into inventory and Roberts instead "used it for his own private purposes."
Ron Edwards, a friend of Roberts and a member of the Police Community Relations Council, testified Monday before the grand jury that Roberts apparently then gave the money to him. Edwards said he accepted the money from Roberts without any reservations, considering it "a gift from a friend.'' Edwards said Roberts told him to use the money to buy a steak dinner for himself.
According to Edwards, Roberts explained he'd been given the money from an acquaintance in return for agreeing to look up information from the Police Department's computer system. That acquaintance, who reportedly told Roberts he needed the information because he'd supposedly been the victim of a crime, turned out to be the FBI's informant and a former cocaine dealer.
"I knew he [Roberts] had gotten the money from the informant,'' Edwards said.
Nothing in the indictment, however, says anything about T.T. asking for information on behalf of a crime victim.
Roberts is scheduled to appear in federal court at 11 a.m. today.
Dolan to comment today.
The Minneapolis Police Department declined to comment Monday because it hadn't seen a copy of the indictment, said spokesman Sgt. Jesse Garcia. Chief Tim Dolan will speak to the media about the indictment today, he said.
Roberts was one of two longtime Minneapolis police officers placed on paid administrative leave by Dolan in April. The other officer was Lt. Lee Edwards, one of five black officers suing the department over allegations of racial discrimination.
Lee Edwards, a former head of the Minneapolis Police Department's homicide unit, commanded the department's Fourth Precinct, on the North Side, until Dolan removed him from that job last summer. His removal followed allegations that he drove a squad car after drinking and made inappropriate sexual comments in front of colleagues.
Sources said an ongoing federal investigation, which resulted in Monday's indictment, played a role in Dolan's decisions.
Lt. John Delmonico, president of the Minneapolis Police Officers Federation, said: "These are really serious criminal allegations. But, because it's a criminal case, the union's not involved until it's over. And until that time, I really can't comment."
If convicted, Roberts faces up to 20 years in prison for each count of deprivation of honest services and up to five years for unauthorized access of a private computer.
Roberts’ attorney, F. Clayton Tyler, said Roberts never sought out the informant who allegedly gave Roberts $200 for information from the city’s and state’s computer systems. And he never asked for money, Clayton said.
Clayton called it "a typical case of entrapment."
Roberts' next appearance in federal court is Aug. 8 and his trial has been tentatively been set for Nov. 3.
Roberts, 57, a 29-year veteran of the department, was relieved of duty in April after the allegations came to light. On Monday, the grand jury indicted Roberts on two counts of depriving the citizens of Minnesota of his honest services and one count of unauthorized access to a protected computer.
According to the indictment:
On Aug. 9, 2007, Roberts met with a person, T.T., whom he understood was involved in criminal activity. During that meeting, Roberts put through an inquiry to the National Crime Information Center and obtained nonpublic information from the State Driver Vehicle System regarding a Minnesota license plate number. Roberts gave that information to T.T. in exchange for $100.
The following day, T.T. asked for more information. Roberts said he couldn't provide it at that time because he did not have a squad car. But on Aug. 14, Roberts met with T.T. in Roberts' squad car. At the beginning of the meeting, T.T. told Roberts that he was a member of the Gangster Disciples street gang, and wanted information on someone who was allegedly providing information to police about T.T.'s drug dealing. Roberts accessed the Minneapolis Police Department's computer records system and provided information from the nonpublic portion of the system. Again, T.T. gave Roberts $100.
Shortly after taking the money, Roberts suspected that T.T. might be an informant, the indictment stated.
He filed a false police report, stating that when T.T. moved to shake Roberts' hand, he placed five $20 bills in the officer's hand. Roberts wrote that he later "property-inventoried" the money. But according to the indictment, the money was never put into inventory and Roberts instead "used it for his own private purposes."
Ron Edwards, a friend of Roberts and a member of the Police Community Relations Council, testified Monday before the grand jury that Roberts apparently then gave the money to him. Edwards said he accepted the money from Roberts without any reservations, considering it "a gift from a friend.'' Edwards said Roberts told him to use the money to buy a steak dinner for himself.
According to Edwards, Roberts explained he'd been given the money from an acquaintance in return for agreeing to look up information from the Police Department's computer system. That acquaintance, who reportedly told Roberts he needed the information because he'd supposedly been the victim of a crime, turned out to be the FBI's informant and a former cocaine dealer.
"I knew he [Roberts] had gotten the money from the informant,'' Edwards said.
Nothing in the indictment, however, says anything about T.T. asking for information on behalf of a crime victim.
Roberts is scheduled to appear in federal court at 11 a.m. today.
Dolan to comment today.
The Minneapolis Police Department declined to comment Monday because it hadn't seen a copy of the indictment, said spokesman Sgt. Jesse Garcia. Chief Tim Dolan will speak to the media about the indictment today, he said.
Roberts was one of two longtime Minneapolis police officers placed on paid administrative leave by Dolan in April. The other officer was Lt. Lee Edwards, one of five black officers suing the department over allegations of racial discrimination.
Lee Edwards, a former head of the Minneapolis Police Department's homicide unit, commanded the department's Fourth Precinct, on the North Side, until Dolan removed him from that job last summer. His removal followed allegations that he drove a squad car after drinking and made inappropriate sexual comments in front of colleagues.
Sources said an ongoing federal investigation, which resulted in Monday's indictment, played a role in Dolan's decisions.
Lt. John Delmonico, president of the Minneapolis Police Officers Federation, said: "These are really serious criminal allegations. But, because it's a criminal case, the union's not involved until it's over. And until that time, I really can't comment."
If convicted, Roberts faces up to 20 years in prison for each count of deprivation of honest services and up to five years for unauthorized access of a private computer.
Officer Accused of Stealing Money During a Traffic Stop
BRUSLY, LA
A man who spent the last several years serving and protecting south Louisiana communities now finds himself on the other side of the law.
The police chief in Brusly says this case surprised and sickened him all at the same time.
Officer Robert Williams is accused of stepping over the line to line his pockets, according to the chief.
Williams allegedly pulled a man over Thursday and while checking him found $2900 in one pocket and around $40 in another.
Detectives say Williams decided to help himself to the $2900. They say the money didn't make it to the police station, until it mysteriously showed up after people started asking questions.
Chief Jamie Whaley plans to return the money to the man. He says the man had just left a construction job and that's probably why he had so much cash on him.
Officer Williams has been suspended while the investigation into the matter continues.
Corrections Officer Elvis Wade Charged With Sexual Assault
GALLATIN, Tenn.
A Sumner County corrections officer was fired in the wake of claims that he groped two female inmates.
Elvis Wade was arrested on Monday and charged with sexual battery.
A sheriff's department representative said the department has been investigating Wade for a few weeks.
According to a police affidavit, Wade touched women in the jail inappropriately and tried to bribe them so they wouldn't complain.
A Sumner County corrections officer was fired in the wake of claims that he groped two female inmates.
Elvis Wade was arrested on Monday and charged with sexual battery.
A sheriff's department representative said the department has been investigating Wade for a few weeks.
According to a police affidavit, Wade touched women in the jail inappropriately and tried to bribe them so they wouldn't complain.
Monday, July 14, 2008
Woman Wins Excessive Force Case
The city will pay a 32-year-old University of Washington graduate student $115,000 to settle her federal civil-rights lawsuit against a Seattle police officer who broke her cheekbone during an arrest near KeyArena in 2006, the woman's lawyers say.
The payout to Brittany Beaulieu — expected to be announced by the city today — is the third six-figure settlement or verdict since November in lawsuits stemming from violent arrests by Seattle police officers.
Two of the cases have another similarity: Internal investigators recommended discipline for the officers responsible, but none was ever handed out.
According to court documents and depositions, Beaulieu had been celebrating with friends the night of April 21, 2006, after her last day of work at a job she was leaving. The group ran up a $215 bar tab at Tini Bigs Lounge at First Avenue North and Denny Way before leaving to walk north along First Avenue North toward KeyArena.
There were five people in that group, and three of them went toward their vehicle, while Beaulieu and another woman continued walking. Police approached when an officer saw a member of the first group backing a pickup the wrong way down a street and nearly hitting a bus. The officer stopped the vehicle and called for backup because it appeared the driver was intoxicated, the documents say.
Meanwhile, Beaulieu and her friend arrived on foot. Documents indicate that several in the group were yelling at the officers as the driver was being taken into custody.
At least one other friend was arrested for interfering and, according to testimony of officers and witnesses, Beaulieu approached the pickup driver, who was sitting in the back of a patrol vehicle, and "began yelling, 'Don't blow into the machine,' " referring to a breath test, according to documents filed by the city.
She was led away and warned, but police say she was intoxicated and ran back toward the car. That's when Officer Aaron Parker moved to arrest her for obstructing the investigation.
Exactly what happened next is disputed. Parker, 32, claimed Beaulieu was drunk and struggling and he decided that it would be easier to handcuff her if she was on the ground, according to court filings. He said he attempted to use a "leg sweep to slowly lower Beaulieu to the ground," but that she broke his grip on her arm just as he kicked her legs out from beneath her.
Beaulieu, in her claim, said the officer "grabbed [her] from behind, took hold of her wrists and swept her legs out from under her." She landed hard, face-first, on the sidewalk and suffered a facial fracture that required surgery to repair, according to one of her attorneys, Tim Tesh.
The settlement does not include an admission of liability by the city, however lawyer Allen Ressler said that the lawyers representing the city "offered a verbal apology" during mediation.
City Attorney Tom Carr, reached Sunday, said he was aware of the settlement but had no further comment.
Ted Buck, the private attorney who represented the city, said the Beaulieu case -- like the two other excessive-force cases the city has settled in the past eight months -- presented "risks for both sides." Buck said the two settlements and a six-figure verdict against the city in another excessive force-case in May were "a fluke."
"We've had a string of sympathetic plaintiffs — not like the ones we usually see — and murky circumstances," he said. "Here, it included these horrific injuries from a simple takedown move you could perform a thousand times and never hurt someone like that."
Carr's office said the city spent just more than $32,000 for private lawyers to defend the Beaulieu claim.
An investigation by the department's Office of Professional Accountability recommended that Parker be disciplined for excessive use of force. In his findings, Internal Investigations Section Capt. Neil Low said the scene was chaotic and that officers likely had good reason to arrest Beaulieu and the others.
But Low found nothing that warranted Parker's response.
"The evidence does not support that she posed a clear and imminent physical threat" to the officers, Low wrote. "The officer may not have intended to injure [Beaulieu] and may be sorry he did so, but the evidence supports that the leg or foot sweep was more force than was necessary."
The department did not accept Low's recommendation, and instead referred Parker for additional training. Six months later, another complaint alleged he kicked a suspect in the head during an arrest after a foot chase. An internal investigation into that incident found "the impact area 'questionable' " and that he should have considered other options.
That same report says Parker's behavior had triggered an administrative review because he had accumulated more than 50 use-of-force incidents on the street since joining the department in 2002.
In May, a verdict in U.S. District Court awarded 22-year-old community volunteer Romelle Bradford $269,000 after he was knocked to the ground by an officer and wrongly arrested during a disturbance at the Rainier Vista Boys & Girls Club in 2006. The city — whose defense fees already have topped $140,000 — has asked the judge to reconsider the verdict and is seeking a new trial.
Bradford's lawyers are seeking more than $270,000 in attorneys fees from the city, as well.
And in November, the city paid $185,000 to settle a lawsuit brought by Maikoiyo Alley-Barnes, a 29-year-old art teacher who was beaten, kicked and arrested outside a Capitol Hill nightclub in 2005 when he questioned why an officer was citing his friend for littering. An internal investigation recommended the officers involved be disciplined for using excessive force, but Police Chief Gil Kerlikowske exonerated them.
The department said most of the blame lay with the supervisor at the scene, then-Sgt. Gregory Sackman; however, the department missed a deadline to discipline him. He has since been promoted to lieutenant.
Last month, a federal judge ruled that a civil-rights lawsuit against three Seattle police officers can proceed to trial, finding that there is evidence officers used excessive force when they Tasered a pregnant woman who refused to sign a traffic ticket in 2004.
****************
Recent settlements
July: $115,000
Brittany Beaulieu's cheekbone was broken during an arrest near KeyArena in 2006.
May: $269,000
Romelle Bradford was knocked to the ground by an officer and wrongly arrested during a disturbance at the Rainier Vista Boys & Girls Club in 2006.
November: $185,000
Maikoiyo Alley-Barnes was kicked and arrested outside a Capitol Hill nightclub in 2005 after asking why an officer was citing his friend for littering.
The payout to Brittany Beaulieu — expected to be announced by the city today — is the third six-figure settlement or verdict since November in lawsuits stemming from violent arrests by Seattle police officers.
Two of the cases have another similarity: Internal investigators recommended discipline for the officers responsible, but none was ever handed out.
According to court documents and depositions, Beaulieu had been celebrating with friends the night of April 21, 2006, after her last day of work at a job she was leaving. The group ran up a $215 bar tab at Tini Bigs Lounge at First Avenue North and Denny Way before leaving to walk north along First Avenue North toward KeyArena.
There were five people in that group, and three of them went toward their vehicle, while Beaulieu and another woman continued walking. Police approached when an officer saw a member of the first group backing a pickup the wrong way down a street and nearly hitting a bus. The officer stopped the vehicle and called for backup because it appeared the driver was intoxicated, the documents say.
Meanwhile, Beaulieu and her friend arrived on foot. Documents indicate that several in the group were yelling at the officers as the driver was being taken into custody.
At least one other friend was arrested for interfering and, according to testimony of officers and witnesses, Beaulieu approached the pickup driver, who was sitting in the back of a patrol vehicle, and "began yelling, 'Don't blow into the machine,' " referring to a breath test, according to documents filed by the city.
She was led away and warned, but police say she was intoxicated and ran back toward the car. That's when Officer Aaron Parker moved to arrest her for obstructing the investigation.
Exactly what happened next is disputed. Parker, 32, claimed Beaulieu was drunk and struggling and he decided that it would be easier to handcuff her if she was on the ground, according to court filings. He said he attempted to use a "leg sweep to slowly lower Beaulieu to the ground," but that she broke his grip on her arm just as he kicked her legs out from beneath her.
Beaulieu, in her claim, said the officer "grabbed [her] from behind, took hold of her wrists and swept her legs out from under her." She landed hard, face-first, on the sidewalk and suffered a facial fracture that required surgery to repair, according to one of her attorneys, Tim Tesh.
The settlement does not include an admission of liability by the city, however lawyer Allen Ressler said that the lawyers representing the city "offered a verbal apology" during mediation.
City Attorney Tom Carr, reached Sunday, said he was aware of the settlement but had no further comment.
Ted Buck, the private attorney who represented the city, said the Beaulieu case -- like the two other excessive-force cases the city has settled in the past eight months -- presented "risks for both sides." Buck said the two settlements and a six-figure verdict against the city in another excessive force-case in May were "a fluke."
"We've had a string of sympathetic plaintiffs — not like the ones we usually see — and murky circumstances," he said. "Here, it included these horrific injuries from a simple takedown move you could perform a thousand times and never hurt someone like that."
Carr's office said the city spent just more than $32,000 for private lawyers to defend the Beaulieu claim.
An investigation by the department's Office of Professional Accountability recommended that Parker be disciplined for excessive use of force. In his findings, Internal Investigations Section Capt. Neil Low said the scene was chaotic and that officers likely had good reason to arrest Beaulieu and the others.
But Low found nothing that warranted Parker's response.
"The evidence does not support that she posed a clear and imminent physical threat" to the officers, Low wrote. "The officer may not have intended to injure [Beaulieu] and may be sorry he did so, but the evidence supports that the leg or foot sweep was more force than was necessary."
The department did not accept Low's recommendation, and instead referred Parker for additional training. Six months later, another complaint alleged he kicked a suspect in the head during an arrest after a foot chase. An internal investigation into that incident found "the impact area 'questionable' " and that he should have considered other options.
That same report says Parker's behavior had triggered an administrative review because he had accumulated more than 50 use-of-force incidents on the street since joining the department in 2002.
In May, a verdict in U.S. District Court awarded 22-year-old community volunteer Romelle Bradford $269,000 after he was knocked to the ground by an officer and wrongly arrested during a disturbance at the Rainier Vista Boys & Girls Club in 2006. The city — whose defense fees already have topped $140,000 — has asked the judge to reconsider the verdict and is seeking a new trial.
Bradford's lawyers are seeking more than $270,000 in attorneys fees from the city, as well.
And in November, the city paid $185,000 to settle a lawsuit brought by Maikoiyo Alley-Barnes, a 29-year-old art teacher who was beaten, kicked and arrested outside a Capitol Hill nightclub in 2005 when he questioned why an officer was citing his friend for littering. An internal investigation recommended the officers involved be disciplined for using excessive force, but Police Chief Gil Kerlikowske exonerated them.
The department said most of the blame lay with the supervisor at the scene, then-Sgt. Gregory Sackman; however, the department missed a deadline to discipline him. He has since been promoted to lieutenant.
Last month, a federal judge ruled that a civil-rights lawsuit against three Seattle police officers can proceed to trial, finding that there is evidence officers used excessive force when they Tasered a pregnant woman who refused to sign a traffic ticket in 2004.
****************
Recent settlements
July: $115,000
Brittany Beaulieu's cheekbone was broken during an arrest near KeyArena in 2006.
May: $269,000
Romelle Bradford was knocked to the ground by an officer and wrongly arrested during a disturbance at the Rainier Vista Boys & Girls Club in 2006.
November: $185,000
Maikoiyo Alley-Barnes was kicked and arrested outside a Capitol Hill nightclub in 2005 after asking why an officer was citing his friend for littering.
Officer Who Shot Man has Now Been Arrested for Child Sexual Abuse
The US police officer charged with shooting 20-year-old Andrew Hanlon from Dundrum in Dublin has been arrested in Oregon on child sex abuse charges. He will appear in court tomorrow.
The girl and her mother reported the abuse on Saturday, and Mr Gonzalez was subsequently arrested. Deputy District Attorney Matt Kemmy said officers were contacted on by a woman and her daughter, who is the alleged victim. Mr Kemmy did not reveal the girl’s age.
The 35-year-old police officer Gonzalez is on administrative leave from the Silverton Police Department, pending the outcome of the investigation into the fatal shooting of Andrew Hanlon (20), who was killed on June 30th in Silverton. Relatives claim that Mr Hanlon was shot seven times.
Mr Hanlon (20) was shot dead after police responded to a reported burglary in the small town where he had been living for the past year.
Mr Hanlon’s brother-in-law Nathan Heise said the victim had shown signs of mental disturbance in the months prior to his death.
The mother of Mr Hanlon travelled to Oregon on Friday in a bid to find out more information on the death of her son. She held a two hour meeting with prosecuters.
Dorothea Carroll plans to take her son’s body back to Dublin early this week.
The girl and her mother reported the abuse on Saturday, and Mr Gonzalez was subsequently arrested. Deputy District Attorney Matt Kemmy said officers were contacted on by a woman and her daughter, who is the alleged victim. Mr Kemmy did not reveal the girl’s age.
The 35-year-old police officer Gonzalez is on administrative leave from the Silverton Police Department, pending the outcome of the investigation into the fatal shooting of Andrew Hanlon (20), who was killed on June 30th in Silverton. Relatives claim that Mr Hanlon was shot seven times.
Mr Hanlon (20) was shot dead after police responded to a reported burglary in the small town where he had been living for the past year.
Mr Hanlon’s brother-in-law Nathan Heise said the victim had shown signs of mental disturbance in the months prior to his death.
The mother of Mr Hanlon travelled to Oregon on Friday in a bid to find out more information on the death of her son. She held a two hour meeting with prosecuters.
Dorothea Carroll plans to take her son’s body back to Dublin early this week.
Sunday, July 13, 2008
Officer Killed Irish National Now Charged with Sexually Abuse
PORTLAND, Ore.
The Silverton police officer who shot and killed an Irish national while responding to a burglary complaint last month has been jailed on accusations he sexually abused a girl, Marion County authorities said.
Officer Tony Gonzalez, 35, was arrested Sunday and is being held without bail on multiple counts of sexual abuse, Deputy District Attorney Matt Kemmy said.
His arraignment is scheduled for Tuesday.
Kemmy said a woman and her daughter in Keizer — 12 miles west of Silverton — reported the abuse to officers there on Saturday. The case was assigned to the nearby Salem Police Department, and detectives from that agency arrested Gonzalez without incident.
Kemmy declined to release the name or age of the alleged victim, or say if the abuse occurred recently.
It was not immediately known if Gonzalez has a lawyer. He joined the department in 2006 and got his police certification in March of last year.
He is on administrative leave pending the outcome of the investigation into the fatal shooting of Andrew Hanlon, a 20-year-old Irishman who died June 30.
Kemmy stressed that the investigations into the shooting and the sex abuse will remain separate.
The district attorney's office has released few details about its investigation into Hanlon's death, which has generated wide publicity and outrage in Ireland.
Hanlon had been in Silverton for about a year and had overstayed his six-month visitor's visa. Hanlon's sister and brother-in-law live in the town of 7,000.
Hanlon's family declined to comment about the officer's arrest.
"As much as we would like to comment, we can't right now on advice of our attorney," said Hanlon's brother in law, Nathan Heise.
The Silverton police officer who shot and killed an Irish national while responding to a burglary complaint last month has been jailed on accusations he sexually abused a girl, Marion County authorities said.
Officer Tony Gonzalez, 35, was arrested Sunday and is being held without bail on multiple counts of sexual abuse, Deputy District Attorney Matt Kemmy said.
His arraignment is scheduled for Tuesday.
Kemmy said a woman and her daughter in Keizer — 12 miles west of Silverton — reported the abuse to officers there on Saturday. The case was assigned to the nearby Salem Police Department, and detectives from that agency arrested Gonzalez without incident.
Kemmy declined to release the name or age of the alleged victim, or say if the abuse occurred recently.
It was not immediately known if Gonzalez has a lawyer. He joined the department in 2006 and got his police certification in March of last year.
He is on administrative leave pending the outcome of the investigation into the fatal shooting of Andrew Hanlon, a 20-year-old Irishman who died June 30.
Kemmy stressed that the investigations into the shooting and the sex abuse will remain separate.
The district attorney's office has released few details about its investigation into Hanlon's death, which has generated wide publicity and outrage in Ireland.
Hanlon had been in Silverton for about a year and had overstayed his six-month visitor's visa. Hanlon's sister and brother-in-law live in the town of 7,000.
Hanlon's family declined to comment about the officer's arrest.
"As much as we would like to comment, we can't right now on advice of our attorney," said Hanlon's brother in law, Nathan Heise.
Officer Leroy Kendall Arrested for Attempted Murder
A former Little Rock police officer faces charges again for allegedly trying to kill his wife.
Police in California City, California arrested Leroy Kendall Tuesday for stabbing his wife. He's charged with battery and attempted murder.
In 1994, he was convicted of putting explosives under the bed of his former wife to try and kill her.
It happened a year after he was fired from the Little Rock Police Department for getting into a scuffle and threatening fellow officers.
Police in California City, California arrested Leroy Kendall Tuesday for stabbing his wife. He's charged with battery and attempted murder.
In 1994, he was convicted of putting explosives under the bed of his former wife to try and kill her.
It happened a year after he was fired from the Little Rock Police Department for getting into a scuffle and threatening fellow officers.
Trial Begins for Officer Charged with Misconduct
The Allegheny County District Attorney says a former West Mifflin police detective on trial yesterday planted cocaine on a male suspect, kicked and choked a juvenile in police custody and fabricated information about illegal poker machines in a third case. Then, the prosecution says, he lied about his actions after the fact.
Assistant District Attorney Lawrence Claus told jurors that some witnesses in the case against Officer Noel G. Missig are not "pillars of the community." The nine criminal counts he faces, including perjury, false swearing, official oppression, tampering with public records and simple assault, stem from a joint state-federal investigation into misconduct by former West Mifflin police Chief Frank Diener.
Mr. Diener has already been sentenced in state and federal court on separate charges.
Defense attorney Stephen R. Greenberg said in his opening statement that Mr. Missig, 40, of West Mifflin, is innocent in all three misconduct incidents between 2000 and 2004. He did not kick or choke anyone or lie about it, he said. "He didn't plant drugs" and "he didn't make up information" about the gambling machines.
Mr. Greenberg said the prosecutor's admission that witnesses were not "pillars of the community" was "the understatement of the year." He said Richard Jasek, who claims the officer stuffed cocaine in his sweatshirt pocket, had already pleaded guilty to having the drugs, and he was incarcerated when the district attorney dropped the charges against him.
He said the juvenile witness, Andrew Palmer, who later yesterday testified the former officer kicked him in the ribs while he was handcuffed on the ground and choked and head slammed him at the West Mifflin station, was incorrect. Although the case is unrelated, Mr. Greenberg noted in his opening that Mr. Palmer, who is now an adult, is alleged to have rented the hotel room in Carnegie where convicted murderer Leslie D. Mollett was headed on the night he killed state police Cpl. Joseph R. Pokorny.
The trial resumes Monday before Allegheny County Judge David R. Cashman.
Assistant District Attorney Lawrence Claus told jurors that some witnesses in the case against Officer Noel G. Missig are not "pillars of the community." The nine criminal counts he faces, including perjury, false swearing, official oppression, tampering with public records and simple assault, stem from a joint state-federal investigation into misconduct by former West Mifflin police Chief Frank Diener.
Mr. Diener has already been sentenced in state and federal court on separate charges.
Defense attorney Stephen R. Greenberg said in his opening statement that Mr. Missig, 40, of West Mifflin, is innocent in all three misconduct incidents between 2000 and 2004. He did not kick or choke anyone or lie about it, he said. "He didn't plant drugs" and "he didn't make up information" about the gambling machines.
Mr. Greenberg said the prosecutor's admission that witnesses were not "pillars of the community" was "the understatement of the year." He said Richard Jasek, who claims the officer stuffed cocaine in his sweatshirt pocket, had already pleaded guilty to having the drugs, and he was incarcerated when the district attorney dropped the charges against him.
He said the juvenile witness, Andrew Palmer, who later yesterday testified the former officer kicked him in the ribs while he was handcuffed on the ground and choked and head slammed him at the West Mifflin station, was incorrect. Although the case is unrelated, Mr. Greenberg noted in his opening that Mr. Palmer, who is now an adult, is alleged to have rented the hotel room in Carnegie where convicted murderer Leslie D. Mollett was headed on the night he killed state police Cpl. Joseph R. Pokorny.
The trial resumes Monday before Allegheny County Judge David R. Cashman.
Officer Arrested for Theft
MOUNT GILEAD, Ohio
Morrow County authorities arrested a Mount Gilead police officer this week after a search of his home uncovered a dozen stolen air conditioners, Sheriff Steven R. Brenneman said today.
Officer Joseph Hughes, 26, of Bellville, has been charged with two counts of receiving stolen property and one count each of obstructing justice, theft in office and tampering with evidence.
The air-conditioning units belong to Morrow County and were to be installed in offices inside the county courthouse. The units had been loaded by county maintenance workers onto a trailer and were reported missing from the community services building June 9, Brenneman said.
The sheriff said State Highway Patrol officials received the initial tip about Hughes' potential involvement and contacted Mount Gilead police. The police chief then asked Brenneman to take over the investigation.
Deputies searched Hughes' house near the Richland-Morrow county line and another location Tuesday, Brenneman said.
Hughes has been placed on unpaid administrative leave. He posted a $500,000 bond Wednesday.
Morrow County authorities arrested a Mount Gilead police officer this week after a search of his home uncovered a dozen stolen air conditioners, Sheriff Steven R. Brenneman said today.
Officer Joseph Hughes, 26, of Bellville, has been charged with two counts of receiving stolen property and one count each of obstructing justice, theft in office and tampering with evidence.
The air-conditioning units belong to Morrow County and were to be installed in offices inside the county courthouse. The units had been loaded by county maintenance workers onto a trailer and were reported missing from the community services building June 9, Brenneman said.
The sheriff said State Highway Patrol officials received the initial tip about Hughes' potential involvement and contacted Mount Gilead police. The police chief then asked Brenneman to take over the investigation.
Deputies searched Hughes' house near the Richland-Morrow county line and another location Tuesday, Brenneman said.
Hughes has been placed on unpaid administrative leave. He posted a $500,000 bond Wednesday.
Friday, July 11, 2008
Jailer Accused of Clearing his Own Warrant
A Greene County Correctional Officer lost his job for erasing his own warrant. Court documents say Greene County Deputy Steven Donovan was frustrated that a warrant he thought was dropped was still on the books in Phelps County.
Investigators say Donovan took matters into his own hands and erased the warrant.
Donovan was fired from his job on Monday.
He's charged with misuse of official information by a public servant. The charge is a misdemeanor.
Sheriff Jack Merritt says the department has already restricted access to the Missouri Uniform Law Enforcement System. That's the system Donovan allegedly used to erase the warrant.
Sheriff Merritt said:
"It's a very difficult situation. The young man was faced with trying to get the record straight. A warrant was issued, the prosecutors office wasn't pursuing it but it wasn't lifted. They didn't fix it. So he did. He made a very bad choice and took the warrant out himself."
In a taped interview Donovan stated he acted alone when he removed the warrant from the MULES system.
Investigators say Donovan took matters into his own hands and erased the warrant.
Donovan was fired from his job on Monday.
He's charged with misuse of official information by a public servant. The charge is a misdemeanor.
Sheriff Jack Merritt says the department has already restricted access to the Missouri Uniform Law Enforcement System. That's the system Donovan allegedly used to erase the warrant.
Sheriff Merritt said:
"It's a very difficult situation. The young man was faced with trying to get the record straight. A warrant was issued, the prosecutors office wasn't pursuing it but it wasn't lifted. They didn't fix it. So he did. He made a very bad choice and took the warrant out himself."
In a taped interview Donovan stated he acted alone when he removed the warrant from the MULES system.
Female Officer Arrested for Drunk Driving
A pretrial hearing was postponed in Merced Superior Court on Friday for a lieutenant with the Bakersfield office of the California Highway Patrol.
CHP Lt. Deborah Pierce, 49, is facing one misdemeanor count of drunken driving stemming from her arrest Dec. 28 in Merced County.
Pierce spent the night in custody and was released the following morning. Her hearing has been postponed at least three times.
Capt. Brian Smith, commander of the CHP’s Bakersfield office, said Friday he cannot comment on Pierce’s employment status except to say that she is on the job.
He added that he hasn’t heard any recent updates on her status.
Contacted through her superiors, Pierce has declined to comment.
Pierce had only been in Bakersfield a matter of months when the incident occurred. She transferred from the Sacramento CHP office in August, Smith said.
Pierce’s next hearing is scheduled for Aug. 15.
UPDATE on Officer Accused of Sexual Battery
OCOEE, Florida
A central Florida police sergeant is free on bond after being charged with stripping, fondling and spanking a woman against her will.
Ocoee police Sgt. Thomas Maroney was released from the Orange County jail late Thursday. His alleged victim told investigators the assault happened during a party earlier in the week. The woman said she and Maroney were walking around an apartment complex pond when he asked her for oral sex, pulled down her pants, touched her genitals, pinned her across his legs and spanked her on her bare backside with his hand -- then a leather belt.
A sheriff's report says Maroney admitted he spanked the woman but said it was consensual.
The woman's attorney, Mark Lippman, disputes that, saying: "He brutalized her."
A central Florida police sergeant is free on bond after being charged with stripping, fondling and spanking a woman against her will.
Ocoee police Sgt. Thomas Maroney was released from the Orange County jail late Thursday. His alleged victim told investigators the assault happened during a party earlier in the week. The woman said she and Maroney were walking around an apartment complex pond when he asked her for oral sex, pulled down her pants, touched her genitals, pinned her across his legs and spanked her on her bare backside with his hand -- then a leather belt.
A sheriff's report says Maroney admitted he spanked the woman but said it was consensual.
The woman's attorney, Mark Lippman, disputes that, saying: "He brutalized her."
Officer David Essad Discharged After Assaulting his Wife
A Shelby Township police officer has been discharged from the force amid allegations that he assaulted his wife in April.
Shelby Township Police Chief Robert Leman officially notified David Essad of his termination via a memo dated June 26. The termination was the result of an administrative investigation conducted by Leman and Shelby Township Police Capt. Steven Stanbury concerning Essad’s April 12 arrest in Rochester Hills.
Essad, who had served in the department for eight years, was arrested following an incident involving his wife, Julie Essad, on April 11. The couple had been celebrating Julie Essad’s birthday at a bar in downtown Rochester and left the bar at approximately 11:30 p.m. On May 13, in 52-3 District Court in Rochester Hills, Julie Essad testified that the couple left the bar because her husband was intoxicated and had become angry when Julie Essad spoke to an ex-boyfriend.
During the drive home, the couple argued and David Essad allegedly became violent, pulling his wife’s hair and verbally assaulting her. Julie Essad testified that her husband hit the dashboard and radio of the car, bit her ear and pulled out his gun.
The couple pulled over into a parking lot at Tienken and Rochester roads, and David Essad allegedly unloaded his gun, punched the windshield with the weapon’s barrel and then chased his wife out of the vehicle before pushing her to the ground, slamming her head against the pavement and choking her. Police arrived to find both David Essad and his wife lying on the parking lot. David Essad was arrested and arraigned April 12 and, on May 13, bound over to Oakland County Circuit Court on charges of felonious assault and aggravated domestic assault.
The event received media attention throughout the metropolitan Detroit area, which Leman said damaged the reputation of the department.
“Your conduct on April 11, 2008, violates state law and department guidelines,” Leman wrote in his memo to David Essad. “Your behavior also tarnishes the police department’s mission to serve and protect the citizens of Shelby Township.”
Leman said David Essad also violated several departmental rules, regulations and policies on April 11, including using alcohol off-duty “to the extent that it discredits (himself) or the department,” conduct unbecoming an officer, using his firearm in an unacceptable manner and general misconduct.
“In assessing the appropriate discipline to be applied, I have undertaken a review of factors which might be considered as mitigating against discharge as well as factors which one might consider as aggravating factors,” Leman wrote in his memo. “I find no mitigating factors which warrant against my decision to terminate your employment.”
Essad has the right to take the decision to arbitration. He is scheduled for a preliminary examination in Oakland County Circuit Court on July 15.
Officer Arrested on Felony Drug Charges
A Russellville Police Officer finds himself on the other side of the law. He's been arrested on a felony drug charge.
Officer Gerald Wayne McClurg has been with the Russellville Police Department since 2002.
Wednesday night, the veteran officer was arrested. He's charged with unlawful possession of a controlled substance, which is a Class C felony.
Police Chief Chris Hargett says McClurg was on duty when he allegedly tried to buy Loricet prescription pills.
"He purchased the pills from one of the undercover informants that we have here at the police department," says Hargett.
Sources tells NewsChannel 19 that Officer McClurg has a history of medical problems and it's likely he became addicted to the medicine.
Chief Hargett describes the incident as a "black eye" for the department, but is quick to point out that it will be handled the same way as any other case.
"We want the public to understand that we're going to police the public as well as the police department," says Hargett. "If someone in the police department crosses the line, then we're going to be there to correct that also. We're going to treat them the same way."
Following his arrest, Officer McClurg was booked into the Franklin County Jail. He was released after posting his $2,000 bond.
The arrested officer is on administrative leave without pay until the internal investigation is complete.
Officer Gerald Wayne McClurg has been with the Russellville Police Department since 2002.
Wednesday night, the veteran officer was arrested. He's charged with unlawful possession of a controlled substance, which is a Class C felony.
Police Chief Chris Hargett says McClurg was on duty when he allegedly tried to buy Loricet prescription pills.
"He purchased the pills from one of the undercover informants that we have here at the police department," says Hargett.
Sources tells NewsChannel 19 that Officer McClurg has a history of medical problems and it's likely he became addicted to the medicine.
Chief Hargett describes the incident as a "black eye" for the department, but is quick to point out that it will be handled the same way as any other case.
"We want the public to understand that we're going to police the public as well as the police department," says Hargett. "If someone in the police department crosses the line, then we're going to be there to correct that also. We're going to treat them the same way."
Following his arrest, Officer McClurg was booked into the Franklin County Jail. He was released after posting his $2,000 bond.
The arrested officer is on administrative leave without pay until the internal investigation is complete.
NO DRUGS found in Cookies Given to Officers
LAKE WORTH
The case against a teenager accused of delivering drug-tainted cookies to police crumbled Thursday after scientific tests revealed no traces of narcotics.
Christian Phillips, 18, became a cookie monster and the butt of jokes around the globe following his arrest Tuesday after he left a basket of treats at Lake Worth police headquarters. Authorities said then that "field tests" they conducted on the cookies showed traces of marijuana and LSD.
But lab tests performed by the Tarrant County medical examiner's office were negative for drugs, and Mr. Phillips – who had been charged with tampering with a consumer product – was released from jail shortly after 5 p.m. Thursday. The felony charge was dropped.
Mr. Phillips, of Watauga, was facing up to 20 years in prison and fine of $10,000 if he had been convicted. Neither he nor his family would comment Thursday night.
"These are the facts of the case, and if the lab says it ain't dope, that's what I'm going to go with," Lake Worth Police Chief Brett McGuire said.
Mr. Phillips' attorney, L. Patrick Davis, said that his client was physically fine but that he was "a little upset" about the arrest and subsequent controversy. He said that neither he nor the family was surprised about the negative test results but that no decision has been made whether to pursue further legal action in the matter.
'Rush to judgment'
In an earlier interview, Mr. Phillips' father, Glenn, said the case against his son amounted to a "huge rush to judgment."
"People just need to keep rationale here in perspective and not jump the gun and accuse people of stuff before we know the full facts," he said.
Christian Phillips' story drew worldwide attention – and scorn.
One Australian news anchor referred to Mr. Phillips as "disgruntled." The incident was blogged on USA Today's Web site and on a Corvette forum site. "Tampering with someone elses food? Lock-up and throw key away," one blogger wrote.
Another typed, "Donuts dummy, not cookies."
Mr. Davis said that his client was unfairly targeted by almost everyone who heard about the case.
"He got convicted before he got a chance," Mr. Davis said. "He got buried in the media. He has been derailed, and we need to get him back on course."
Community service
Mr. Phillips was delivering cookies as part of his 80-hour court-supervised community service following his arrest last year on charges of assaulting a police officer. That charge was reduced to simple assault, a misdemeanor, and Mr. Phillips was serving court-appointed community service with Mothers Against Drunk Driving when he delivered the cookies.
That case was to have been dismissed on Wednesday if Mr. Phillips successfully completed his community service hours. He was about 10 hours away, his attorney said.
On June 27, Mr. Phillips was videotaped delivering the snacks to Watauga police. He delivered more cookies to Blue Mound police Monday night and on Tuesday delivered another batch at Lake Worth. Officers there were notified by Blue Mound police officers that the cookies might be tainted.
Chief McGuire said a preliminary field test conducted on the chocolate chip cookies by police detected LSD. A canine was brought in and indicated drugs were inside Mr. Phillips' car.
When he was arrested, Mr. Phillips was carrying a list of 25 police agencies in Dallas and Tarrant counties. Thirteen of the names had been checked off. Officers in some of the jurisdictions, including Fort Worth and Watauga, ate the cookies and reported no ill effects.
Lake Worth sent the cookies to the medical examiner's officer for a more thorough review. Officials there conducted more stringent chemical tests and a microscopic examination as well as tests involving gas chromatography and mass spectrometry.
Officer stands by nose
Blue Mound police also sent cookie samples to the ME's office and those, too, came back negative for drugs.
But Blue Mound police Lt. Thomas Cain said Thursday that while he respects and accepts the medical examiner's report, he is sure he smelled dope on the home-baked Toll House treats.
"They did have a pungent, rancid odor," Lt. Cain said. "They did have the odor of marijuana. I got within two feet of it; I could smell it."
Blue Mound officers also conducted their own field test that came back positive for marijuana.
"How do you explain it? I don't know," Lt. Cain said.
*****************************
A little bit parnoid...aren't we??
I think Lt. Thomas Cain has been around a little too much dope.
See...Not everyone is out to get you (law enforcement).
The case against a teenager accused of delivering drug-tainted cookies to police crumbled Thursday after scientific tests revealed no traces of narcotics.
Christian Phillips, 18, became a cookie monster and the butt of jokes around the globe following his arrest Tuesday after he left a basket of treats at Lake Worth police headquarters. Authorities said then that "field tests" they conducted on the cookies showed traces of marijuana and LSD.
But lab tests performed by the Tarrant County medical examiner's office were negative for drugs, and Mr. Phillips – who had been charged with tampering with a consumer product – was released from jail shortly after 5 p.m. Thursday. The felony charge was dropped.
Mr. Phillips, of Watauga, was facing up to 20 years in prison and fine of $10,000 if he had been convicted. Neither he nor his family would comment Thursday night.
"These are the facts of the case, and if the lab says it ain't dope, that's what I'm going to go with," Lake Worth Police Chief Brett McGuire said.
Mr. Phillips' attorney, L. Patrick Davis, said that his client was physically fine but that he was "a little upset" about the arrest and subsequent controversy. He said that neither he nor the family was surprised about the negative test results but that no decision has been made whether to pursue further legal action in the matter.
'Rush to judgment'
In an earlier interview, Mr. Phillips' father, Glenn, said the case against his son amounted to a "huge rush to judgment."
"People just need to keep rationale here in perspective and not jump the gun and accuse people of stuff before we know the full facts," he said.
Christian Phillips' story drew worldwide attention – and scorn.
One Australian news anchor referred to Mr. Phillips as "disgruntled." The incident was blogged on USA Today's Web site and on a Corvette forum site. "Tampering with someone elses food? Lock-up and throw key away," one blogger wrote.
Another typed, "Donuts dummy, not cookies."
Mr. Davis said that his client was unfairly targeted by almost everyone who heard about the case.
"He got convicted before he got a chance," Mr. Davis said. "He got buried in the media. He has been derailed, and we need to get him back on course."
Community service
Mr. Phillips was delivering cookies as part of his 80-hour court-supervised community service following his arrest last year on charges of assaulting a police officer. That charge was reduced to simple assault, a misdemeanor, and Mr. Phillips was serving court-appointed community service with Mothers Against Drunk Driving when he delivered the cookies.
That case was to have been dismissed on Wednesday if Mr. Phillips successfully completed his community service hours. He was about 10 hours away, his attorney said.
On June 27, Mr. Phillips was videotaped delivering the snacks to Watauga police. He delivered more cookies to Blue Mound police Monday night and on Tuesday delivered another batch at Lake Worth. Officers there were notified by Blue Mound police officers that the cookies might be tainted.
Chief McGuire said a preliminary field test conducted on the chocolate chip cookies by police detected LSD. A canine was brought in and indicated drugs were inside Mr. Phillips' car.
When he was arrested, Mr. Phillips was carrying a list of 25 police agencies in Dallas and Tarrant counties. Thirteen of the names had been checked off. Officers in some of the jurisdictions, including Fort Worth and Watauga, ate the cookies and reported no ill effects.
Lake Worth sent the cookies to the medical examiner's officer for a more thorough review. Officials there conducted more stringent chemical tests and a microscopic examination as well as tests involving gas chromatography and mass spectrometry.
Officer stands by nose
Blue Mound police also sent cookie samples to the ME's office and those, too, came back negative for drugs.
But Blue Mound police Lt. Thomas Cain said Thursday that while he respects and accepts the medical examiner's report, he is sure he smelled dope on the home-baked Toll House treats.
"They did have a pungent, rancid odor," Lt. Cain said. "They did have the odor of marijuana. I got within two feet of it; I could smell it."
Blue Mound officers also conducted their own field test that came back positive for marijuana.
"How do you explain it? I don't know," Lt. Cain said.
*****************************
A little bit parnoid...aren't we??
I think Lt. Thomas Cain has been around a little too much dope.
See...Not everyone is out to get you (law enforcement).
Officer Eric Kaho Arrested for Embezzlement
NATCHEZ
A former Natchez police officer has been arrested on felony charges of embezzlement.
Eric Kaho, 30, 138 Washington Circle, allegedly embezzled more than $500 from the Metro Narcotics unit to which he was assigned.
Kaho was recently indicted by an Adams County grand jury. He turned himself in at the Adams County Sheriff’s Office Thursday.
Kaho resigned from the Natchez Police Department in January.
“He worked here for about seven years before this happened,” Natchez Police Chief Mike Mullins said. “We were shocked and saddened. He had done some excellent police work during his career.”
Mullins said investigations into missing money began in 2007, while Kaho was taking a leave from work due to a knee injury.
“In a routine check of money he was entrusted with, some of it was discovered missing,” Mullins said. “We notified the Attorney General’s office for an outside investigation.”
Since the officer was well known by local authorities, Mullins wanted an outside group to handle the case, he said.
The pool of money Kaho allegedly embezzled from included seized drug money and a fund Metro Narcotics used to purchase drugs from suspected drug dealers. The funds are audited often, Mullins said.
Just before Kaho was scheduled to return to work at NPD in October, he reportedly accidentally shot himself in the chest at his apartment while cleaning his gun. The bullet grazed his heart and he spent more than a month in the hospital recovering.
Kaho was released shortly after his arrest Thursday on a promise to appear in court.
Kaho joins a list of NPD officers arrested that includes Willie B. Jones in 1997, who was charged with felony obstruction of justice for reportedly paying a fellow officer not to pursue a drug charge against a friend, and Keith Fiola who was charged with bribery.
A former Natchez police officer has been arrested on felony charges of embezzlement.
Eric Kaho, 30, 138 Washington Circle, allegedly embezzled more than $500 from the Metro Narcotics unit to which he was assigned.
Kaho was recently indicted by an Adams County grand jury. He turned himself in at the Adams County Sheriff’s Office Thursday.
Kaho resigned from the Natchez Police Department in January.
“He worked here for about seven years before this happened,” Natchez Police Chief Mike Mullins said. “We were shocked and saddened. He had done some excellent police work during his career.”
Mullins said investigations into missing money began in 2007, while Kaho was taking a leave from work due to a knee injury.
“In a routine check of money he was entrusted with, some of it was discovered missing,” Mullins said. “We notified the Attorney General’s office for an outside investigation.”
Since the officer was well known by local authorities, Mullins wanted an outside group to handle the case, he said.
The pool of money Kaho allegedly embezzled from included seized drug money and a fund Metro Narcotics used to purchase drugs from suspected drug dealers. The funds are audited often, Mullins said.
Just before Kaho was scheduled to return to work at NPD in October, he reportedly accidentally shot himself in the chest at his apartment while cleaning his gun. The bullet grazed his heart and he spent more than a month in the hospital recovering.
Kaho was released shortly after his arrest Thursday on a promise to appear in court.
Kaho joins a list of NPD officers arrested that includes Willie B. Jones in 1997, who was charged with felony obstruction of justice for reportedly paying a fellow officer not to pursue a drug charge against a friend, and Keith Fiola who was charged with bribery.
Officer Arrested for Receiving Stolen Property
MOUNT GILEAD
A Mount Gilead police officer was arrested Tuesday on charges of receiving stolen property -- including a dozen air conditioners used to cool the Morrow County courthouse.
"We were shocked and surprised. News in a small community travels extremely fast," Morrow County Commissioner Olen Jackson said.
Morrow County deputies searched the residence of third-shift village police officer Joe Hughes. The stolen property, a single-axle trailer and several air-conditioning units, were behind Hughes' residence, according to a news release from Mount Gilead Police Chief Brian Zerman.
Hughes was the officer who took the theft report June 9, Morrow County Sheriff Steve Brenneman said.
Hughes has been charged with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth- degree felony; two counts of receiving stolen property, fifth-degree felonies; and one count of obstruction of justice, a fifth-degree felony.
Brenneman said additional charges are possible.
Hughes was hired as a part-time Mount Gilead police officer Feb. 7, 2006, and made full-time a year later. He was cooperative when he was taken into custody at the Morrow County Correctional Facility. Hughes was released on $5,000 bond, Brenneman said.
"Our maintenance staff had gotten the air conditioners out of storage for the winter," Jackson said. "They loaded them up to take them to a service location, to wash and clean to put back into use. Before they could be put into service, the trailer and air conditioners came up missing."
Hughes was placed on unpaid administrative leave. If convicted on all charges, Hughes could face up to 9 1/2 years in prison and $12,500 in fines.
A Mount Gilead police officer was arrested Tuesday on charges of receiving stolen property -- including a dozen air conditioners used to cool the Morrow County courthouse.
"We were shocked and surprised. News in a small community travels extremely fast," Morrow County Commissioner Olen Jackson said.
Morrow County deputies searched the residence of third-shift village police officer Joe Hughes. The stolen property, a single-axle trailer and several air-conditioning units, were behind Hughes' residence, according to a news release from Mount Gilead Police Chief Brian Zerman.
Hughes was the officer who took the theft report June 9, Morrow County Sheriff Steve Brenneman said.
Hughes has been charged with one count of tampering with evidence, a third-degree felony; one count of theft in office, a fourth- degree felony; two counts of receiving stolen property, fifth-degree felonies; and one count of obstruction of justice, a fifth-degree felony.
Brenneman said additional charges are possible.
Hughes was hired as a part-time Mount Gilead police officer Feb. 7, 2006, and made full-time a year later. He was cooperative when he was taken into custody at the Morrow County Correctional Facility. Hughes was released on $5,000 bond, Brenneman said.
"Our maintenance staff had gotten the air conditioners out of storage for the winter," Jackson said. "They loaded them up to take them to a service location, to wash and clean to put back into use. Before they could be put into service, the trailer and air conditioners came up missing."
Hughes was placed on unpaid administrative leave. If convicted on all charges, Hughes could face up to 9 1/2 years in prison and $12,500 in fines.
Officer Accused of Sexual Battery
OCOEE, Florida
A Central Florida police sergeant is the target of a sex crimes investigation.
Ocoee police Sgt. Tom Maroney is accused of sexual battery but has not been charged with a crime, officials said.
The Orange County Sheriff's Office said detectives are looking into the case but refused to comment on the case because of the ongoing investigation.
The police chief was terminated after he was accused of borrowing prescription medication from another employee and then using it on duty.
Maroney has been placed on paid leave.
A Central Florida police sergeant is the target of a sex crimes investigation.
Ocoee police Sgt. Tom Maroney is accused of sexual battery but has not been charged with a crime, officials said.
The Orange County Sheriff's Office said detectives are looking into the case but refused to comment on the case because of the ongoing investigation.
The police chief was terminated after he was accused of borrowing prescription medication from another employee and then using it on duty.
Maroney has been placed on paid leave.
UPDATE: Donyell Shanchell Car Chase
NEW ORLEANS
Mississippi River bridge police on Wednesday handed the Orleans Parish district attorney's office new video and audio footage of the aftermath of a high-speed pursuit of a New Orleans police officer.
Officer Donyell Sanchell was suspended after he allegedly led Crescent City Connection police on Saturday's chase. Authorities said he fled after being pulled over and later slapped a bridge police officer who followed him to his district station.
Sanchell was arraigned Tuesday in municipal court on two counts of battery and trial was set for Aug. 6. Sanchell also received citations for careless driving and hit-and-run.
The bridge police said they want an outside opinion on the appropriateness of municipal charges _ which carry lighter penalties _ against Sanchell.
Because Sanchell was cited with a municipal summons, he was not arrested and will not face state criminal charges. Had the bridge police pursued the more serious charge of simple battery on a police officer, Sanchell could have faced more severe penalties, including at least 15 days in jail if found guilty in criminal court.
The leniency has led some outside observers to question whether regular citizens would receive the same treatment in an altercation with an officer.
"I think any time a police officer gets struck by someone, the suspect is going to be charged with battery on a police officer," said Rafael Goyeneche, president of the Metropolitan Crime Commission, a watchdog group. "The fact that he was charged with simple battery is an indication that maybe a different standard was applied to Officer Sanchell."
New footage from Crescent City Connection Police Sgt. David Kramer, who was called to the police department's 1st District headquarters after the altercation, suggests that department officials kept the bridge police officers from apprehending Sanchell at district headquarters.
Additional discussions between the bridge police and department officials indicate that Sanchell was kept behind closed doors until officers with the department's Public Integrity Bureau arrived. The sound recording also indicates that officers moved Sanchell's truck before the investigation was completed.
"We have the material and we'll review it and make a decision on what to do after that," District Attorney Keva Landrum-Johnson said Wednesday.
Police spokesman Bob Young limited his comments on the incident, saying the department is conducting an internal investigation that will be submitted to Superintendent Warren Riley.
"After reviewing the incident, he will take the appropriate action," Young said.
Mississippi River bridge police on Wednesday handed the Orleans Parish district attorney's office new video and audio footage of the aftermath of a high-speed pursuit of a New Orleans police officer.
Officer Donyell Sanchell was suspended after he allegedly led Crescent City Connection police on Saturday's chase. Authorities said he fled after being pulled over and later slapped a bridge police officer who followed him to his district station.
Sanchell was arraigned Tuesday in municipal court on two counts of battery and trial was set for Aug. 6. Sanchell also received citations for careless driving and hit-and-run.
The bridge police said they want an outside opinion on the appropriateness of municipal charges _ which carry lighter penalties _ against Sanchell.
Because Sanchell was cited with a municipal summons, he was not arrested and will not face state criminal charges. Had the bridge police pursued the more serious charge of simple battery on a police officer, Sanchell could have faced more severe penalties, including at least 15 days in jail if found guilty in criminal court.
The leniency has led some outside observers to question whether regular citizens would receive the same treatment in an altercation with an officer.
"I think any time a police officer gets struck by someone, the suspect is going to be charged with battery on a police officer," said Rafael Goyeneche, president of the Metropolitan Crime Commission, a watchdog group. "The fact that he was charged with simple battery is an indication that maybe a different standard was applied to Officer Sanchell."
New footage from Crescent City Connection Police Sgt. David Kramer, who was called to the police department's 1st District headquarters after the altercation, suggests that department officials kept the bridge police officers from apprehending Sanchell at district headquarters.
Additional discussions between the bridge police and department officials indicate that Sanchell was kept behind closed doors until officers with the department's Public Integrity Bureau arrived. The sound recording also indicates that officers moved Sanchell's truck before the investigation was completed.
"We have the material and we'll review it and make a decision on what to do after that," District Attorney Keva Landrum-Johnson said Wednesday.
Police spokesman Bob Young limited his comments on the incident, saying the department is conducting an internal investigation that will be submitted to Superintendent Warren Riley.
"After reviewing the incident, he will take the appropriate action," Young said.
Subscribe to:
Posts (Atom)