A police officer was placed on administrative leave Thursday over a traffic stop involving an NFL player whom he kept in a hospital parking lot and threatened to arrest while his mother-in-law died inside the building. Officer Robert Powell also drew his gun during the March 18 incident involving Houston Texans running back Ryan Moats in the Dallas suburb of Plano, police said.
"I can screw you over," he said at one point in the videotaped incident. When another officer came with word that Moats' mother-in-law was indeed dying, Powell's response was: "All right. I'm almost done."
Dallas Police Chief David Kunkle apologized to the family and announced that Powell would be on paid leave pending an internal investigation.
"When we at the command staff reviewed the tape, we were embarrassed, disappointed," Kunkle said. "It's hard to find the right word and still be professional in my role as the police chief. But the behavior was not appropriate."
Powell, 25, a three-year member of the force, stopped Moats' SUV outside Baylor Regional Medical Center at Plano after Moats rolled through a red light.
Police officials said Powell told his commanders he believed he was doing his job, and that he drew his gun but did not point it. Kunkle said Powell was not necessarily acting improperly when he pulled his weapon out, but that once he realized what was happening should have put the gun back, apologized and offered to help the family in any way.
"His behavior, in my opinion, did not exhibit the common sense, the discretion, the compassion that we expect our officers to exhibit," Kunkle said.
Moats' wife, who was in the car along with other relatives, said Powell pointed his weapon at her.
"He was pointing a gun at me as soon as I got out of the car," Tamishia Moats told The Dallas Morning News.
The Moats family did not immediately return messages left by The Associated Press. Powell did not respond to requests for comment through the Dallas police union.
Video from a dashboard camera inside the officer's vehicle, obtained by Dallas-Fort Worth station WFAA-TV, revealed an intense exchange in which the officer threatened to jail Moats.
He ordered Tamishia Moats, 27, to get back in the SUV, but after pausing for a few seconds, she and another woman rushed into the hospital. She was by the side of her mother, 45-year-old Jonetta Collinsworth, when she died a short time later from breast cancer.
"Get in there," said Powell, yelling at Tamishia Moats as she exited the vehicle. "Let me see your hands!"
"Excuse me, my mom is dying," Tamishia Moats said. "Do you understand?"
Ryan Moats explained that he waited until there was no traffic before proceeding through the red light. When Powell asked for proof of insurance, Moats grew more agitated and told the officer to go find it.
"My mother-in-law is dying! Right now! You're wasting my time!" Moats yelled. "I don't understand why you can't understand that."
As they argued, the officer got irritated.
"Shut your mouth," the officer said. "You can either settle down and cooperate or I can just take you to jail for running a red light."
By the time the 26-year-old NFL player received a ticket and a lecture from Powell, about 13 minutes had passed. When he and Collinsworth's father entered the hospital, they learned Collinsworth was dead.
Kunkle said the video showed that Moats and his wife "exercised extraordinary patience, restraint in dealing with the behavior of our officer."
"At no time did Mr. Moats identify himself as an NFL football player or expect any kind of special consideration," Kunkle said. "He handled himself very, very well."
The Moats family, who are black, said they can't help but think that race might have played a part in the white officer's behavior.
"I think he should lose his job," Ryan Moats said.
When the exchange was at its most contentious, Powell said he could tow Moats' SUV if he didn't have insurance and that he could arrest him for fleeing because he didn't immediately stop when Powell turned on his sirens. The pursuit lasted a little more than a minute.
"I can screw you over," Powell said. "I'd rather not do that. Your attitude will dictate everything that happens."
The ticket issued to Moats was dismissed, Dallas police spokesman Lt. Andy Harvey said.
Texans spokesman Kevin Cooper said the team had no comment.
Moats, a third-round draft choice of the Philadelphia Eagles in 2005 out of Louisiana Tech, was cut by the Eagles in August and later signed with the Texans. In three seasons as a backup, he's rushed for 441 yards and scored four touchdowns.
He was a standout at Bishop Lynch High School, a private school in Dallas, rushing for more than 2,600 yards and 33 touchdowns as a senior.
Thursday, March 26, 2009
Veteran Officer Donald Greer Arrested for Domestic Incident
STAMFORD
A 24-year veteran police officer was called into city headquarters while on duty Wednesday and arrested on threatening and disorderly conduct charges, a department spokesman said.
Police said the charges against Officer Donald Greer, 46, stem from an domestic incident but provided no details. Greer was released on a promise to appear in court Thursday.
"The details of the arrest are a personal issue," Lt. Sean Cooney said.
Cooney said he would not comment further and would not identify where the alleged incident occurred or where Greer resides.
Cooney said Greer turned in his badge and firearm and was placed on paid suspension, pending a review of the charges by the department's Internal Affairs division.
State domestic violence laws require residents to give up their firearms if they are accused of a crime from a domestic incident until the courts resolve the case, Cooney said. That could be a factor when police determine the length of Greer's suspension, Cooney said.
"He's been a good policeman for 24 years," Cooney said.
A 24-year veteran police officer was called into city headquarters while on duty Wednesday and arrested on threatening and disorderly conduct charges, a department spokesman said.
Police said the charges against Officer Donald Greer, 46, stem from an domestic incident but provided no details. Greer was released on a promise to appear in court Thursday.
"The details of the arrest are a personal issue," Lt. Sean Cooney said.
Cooney said he would not comment further and would not identify where the alleged incident occurred or where Greer resides.
Cooney said Greer turned in his badge and firearm and was placed on paid suspension, pending a review of the charges by the department's Internal Affairs division.
State domestic violence laws require residents to give up their firearms if they are accused of a crime from a domestic incident until the courts resolve the case, Cooney said. That could be a factor when police determine the length of Greer's suspension, Cooney said.
"He's been a good policeman for 24 years," Cooney said.
Former Officer Clovis Lovelace Faces Several Charges
PADUCAH, KY
A former Paducah police officer was arrested on several charges.
Clovis L. Lovelace, 63, a retired Paducah police officer, was arrested at his home on the 1400 block of Reed Avenue.
Lovelace was arrested on charges of first-degree stalking, first-degree criminal mischief, first-degree possession of a controlled substance (cocaine), first-degree possession of drug paraphernalia, possession of marijuana, second-degree fleeing or evading police and resisting arrest.
Police received a report from Paul Bell that someone had shot out two windows and three tires on his pickup truck parked on North 11th Street sometime Monday night or Tuesday morning.
An investigation by Det. Mike Wentworth of the Paducah Police Department identified Lovelace as a suspect.
Det. Joe Hayes with the Paducah Police Department watched Lovelaces's home while search warrants were being obtained.
According to authorities, Lovelace confronted Det. Hayes and left the home in his vehicle when police attempted to arrest him.
Police say Lovelace later drove back to his home and was then arrested by police.
Police found more than 15 guns, one of which is believed to be the gun used to shoot Bell's vehicle as well as drugs and drug paraphernalia in Lovelace's home.
Clovis L. Lovelace was booked into the McCracken County Regional Jail.
_______________
http://www.kfvs12.com/Global/story.asp?S=10072915&nav=menu51_2
A former Paducah police officer was arrested on several charges.
Clovis L. Lovelace, 63, a retired Paducah police officer, was arrested at his home on the 1400 block of Reed Avenue.
Lovelace was arrested on charges of first-degree stalking, first-degree criminal mischief, first-degree possession of a controlled substance (cocaine), first-degree possession of drug paraphernalia, possession of marijuana, second-degree fleeing or evading police and resisting arrest.
Police received a report from Paul Bell that someone had shot out two windows and three tires on his pickup truck parked on North 11th Street sometime Monday night or Tuesday morning.
An investigation by Det. Mike Wentworth of the Paducah Police Department identified Lovelace as a suspect.
Det. Joe Hayes with the Paducah Police Department watched Lovelaces's home while search warrants were being obtained.
According to authorities, Lovelace confronted Det. Hayes and left the home in his vehicle when police attempted to arrest him.
Police say Lovelace later drove back to his home and was then arrested by police.
Police found more than 15 guns, one of which is believed to be the gun used to shoot Bell's vehicle as well as drugs and drug paraphernalia in Lovelace's home.
Clovis L. Lovelace was booked into the McCracken County Regional Jail.
_______________
http://www.kfvs12.com/Global/story.asp?S=10072915&nav=menu51_2
Arraignment Set for Officer Joseph Houston Charged with Assault & Battery
BREWSTER
The Associated Press reported that former Brewster Police Officer Joseph Houston,29, is charged with assault and battery and open and gross lewdness stemming from an incident at a Metallica concert Jan. 18.
Houston, who is no longer with the Brewster Police Department, was accused by parents of a concertgoer of allegedly urinating on the concertgoer and harassing his 17 year-old sister in a lewd manner. He was later arrested for trespassing by Massachusetts Bay Transportation Authority Police.
Arraignment is scheduled for April 8.
______________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-joseph-houston-investiegated.html
Other Information: http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090326/NEWS/903260322
The Associated Press reported that former Brewster Police Officer Joseph Houston,29, is charged with assault and battery and open and gross lewdness stemming from an incident at a Metallica concert Jan. 18.
Houston, who is no longer with the Brewster Police Department, was accused by parents of a concertgoer of allegedly urinating on the concertgoer and harassing his 17 year-old sister in a lewd manner. He was later arrested for trespassing by Massachusetts Bay Transportation Authority Police.
Arraignment is scheduled for April 8.
______________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-joseph-houston-investiegated.html
Other Information: http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20090326/NEWS/903260322
Officer Richard Geib Charged with Assault
JEFFERSON
A police officer who lives in the township was charged Tuesday with simple assault against a 20-year-old woman at his home last week, police said Thursday.
Patrolman Richard Geib, 50, according to a police complaint, allegedly grabbed the woman around her neck, shoved her to the ground causing bruising and minor injury.
The incident allegedly happened on St. Patrick’s Day, and the woman reported it to police a week later.
Police said the woman obtained a restraining order against him.
Geib posted $1,000 bail with a 10 percent option, and has been suspended with pay pending the outcome of the case, police said.
He is scheduled to appear before a judge in Morristown on Wednesday.
A police officer who lives in the township was charged Tuesday with simple assault against a 20-year-old woman at his home last week, police said Thursday.
Patrolman Richard Geib, 50, according to a police complaint, allegedly grabbed the woman around her neck, shoved her to the ground causing bruising and minor injury.
The incident allegedly happened on St. Patrick’s Day, and the woman reported it to police a week later.
Police said the woman obtained a restraining order against him.
Geib posted $1,000 bail with a 10 percent option, and has been suspended with pay pending the outcome of the case, police said.
He is scheduled to appear before a judge in Morristown on Wednesday.
Officer Russell Bushaw Arrested for Shoplifting
LOGANSPORT, Ind.
A Logansport police officer with nearly 20 years on the force has been suspended after he was arrested on charges of shoplifting.
Russell J. Bushaw was arrested Monday after employees at a Target store in Kokomo told police he was caught on surveillance video trying to swipe three Blue Ray DVDs.
Store officials said they have been trying to catch Bushaw for several months in connection with a handful of thefts.
Bushaw was suspended from the police department without pay pending an investigation.
A Logansport police officer with nearly 20 years on the force has been suspended after he was arrested on charges of shoplifting.
Russell J. Bushaw was arrested Monday after employees at a Target store in Kokomo told police he was caught on surveillance video trying to swipe three Blue Ray DVDs.
Store officials said they have been trying to catch Bushaw for several months in connection with a handful of thefts.
Bushaw was suspended from the police department without pay pending an investigation.
________________
Trial Under Way for Officer Allen Bonds Charged with Stomping Teenager
BELLEVILLE, Ill.
A trial is under way for an East St. Louis police officer accused of kicking and stomping a teenager nearly three years ago.
Allen Bonds is charged with aggravated assault in his confrontation with 18-year-old Jermond Owens.
Owens testified that he took a bike from outside a home in May 2006. He contends Bonds then followed him and eventually pulled him off the bike.
Owens says he doesn't remember anything after that.
A Belleville emergency room doctor testified that Owens' head injuries were so severe he required a breathing tube and he was airlifted to a St. Louis trauma unit.
Under cross-examination, Owens said he's hired a lawyer to pursue a civil case against Bonds.
Information from: Belleville News-Democrat, http://www.bnd.com
More Information: http://www.bnd.com/news/local/story/704482.html
A trial is under way for an East St. Louis police officer accused of kicking and stomping a teenager nearly three years ago.
Allen Bonds is charged with aggravated assault in his confrontation with 18-year-old Jermond Owens.
Owens testified that he took a bike from outside a home in May 2006. He contends Bonds then followed him and eventually pulled him off the bike.
Owens says he doesn't remember anything after that.
A Belleville emergency room doctor testified that Owens' head injuries were so severe he required a breathing tube and he was airlifted to a St. Louis trauma unit.
Under cross-examination, Owens said he's hired a lawyer to pursue a civil case against Bonds.
Information from: Belleville News-Democrat, http://www.bnd.com
More Information: http://www.bnd.com/news/local/story/704482.html
Hearing Will Continue for Officer Jason Judd Accused of Shooting Men
Parties will meet again April 24 in the case of Topeka police officer Jason Judd.
The date was set during a hearing this morning. Last week, a special prosecutor filed a motion asking that charges against Judd be dropped.
Last year Judd was accused of shooting two Topeka men, Daniel and Devin Llamas. The Llamas family today tells 49 News they are happy with the way today's proceedings went and say they are just looking for justice to be served.
Judd was with 3 other off-duty officers at the time.
Video & More Information: http://www.ktka.com/news/2009/mar/26/hearing_case_duty_officer_allegedly_shooting_men/
Previous Post:http://whathappenedtoprotectandserve.blogspot.com/2008/07/topeka-officer-charged-in-off-duty.html
The date was set during a hearing this morning. Last week, a special prosecutor filed a motion asking that charges against Judd be dropped.
Last year Judd was accused of shooting two Topeka men, Daniel and Devin Llamas. The Llamas family today tells 49 News they are happy with the way today's proceedings went and say they are just looking for justice to be served.
Judd was with 3 other off-duty officers at the time.
Video & More Information: http://www.ktka.com/news/2009/mar/26/hearing_case_duty_officer_allegedly_shooting_men/
Previous Post:http://whathappenedtoprotectandserve.blogspot.com/2008/07/topeka-officer-charged-in-off-duty.html
Wednesday, March 25, 2009
Officer Michael Messenger & Wife Arrested for Shoplifing
State police arrested a New Jersey cop and his wife Monday afternoon on suspicions of shoplifting at the Galleria at Crystal Run.
Police said Michael J. Messenger, 39, of Glenwood Park, N.J., and a police officer in Cliffside Park, N.J., stole items worth a combined $510 from Sears and J.C. Penney, along with his wife, Christine. Their three children – ages 4, 2 and 1 – were with them, police said.
The Messengers were each charged with two counts of petty larceny and one count of endangering the welfare of a child, misdemeanors, and issued appearance tickets.
Bill Maer, a Cliffside Park borough spokesman, said Michael Messenger, a seven-year veteran of the police department, was suspended Tuesday without pay pending the resolution of the case and an internal investigation.
Police said Michael J. Messenger, 39, of Glenwood Park, N.J., and a police officer in Cliffside Park, N.J., stole items worth a combined $510 from Sears and J.C. Penney, along with his wife, Christine. Their three children – ages 4, 2 and 1 – were with them, police said.
The Messengers were each charged with two counts of petty larceny and one count of endangering the welfare of a child, misdemeanors, and issued appearance tickets.
Bill Maer, a Cliffside Park borough spokesman, said Michael Messenger, a seven-year veteran of the police department, was suspended Tuesday without pay pending the resolution of the case and an internal investigation.
Deputy Chu Vue Arrested for Murder
SACRAMENTO, CA -
Chu Vue, a former Sacramento County sheriff's deputy, was arrested Thursday morning for the murder of a correctional officer suspected of having an affair with his wife, says the Sacramento Police Department.
Vue, 44, was taken into custody near his Elk Grove home without incident, said police Sgt. Norm Leong. Also arrested in the Oct. 15, 2008 murder of Steve Lo, 39, were Chu's brothers Gary and Chong Vue, and Lang Vue, a friend of Chu Vue.
Leong says detectives believe Gary and Chong Vue killed Lo at the direction of their older brother Chu Vue. Lo, who worked at the California Medical Facility in Vacaville, was found shot in the garage of his Elk Grove home as he apparently was leaving for work.
Investigators say in July 2008, Chu Vue learned his wife was having an affair with Lo.
During the course of the investigation, Vue was accused of weapon and illegal computer access charges. The latter was his alleged illegal use of sheriff's department computers for personal information about Lo.
Earlier this month, Gary and Chong Vue were arrested in Minnesota on an unrelated 2001 murder.
Four others were also arrested Thursday in connection with the case. Leong said Mason Vue, Lee Vue, Allysa Vue and Khoe Vue are suspected of harboring fugitives.
Detectives say in April 2007, Chu Vue put a mobile home on property in Corning in the name of Khoe Vue for the purpose of hiding his brothers.
Lang Vue rented cars and motels for Gary and Chong Vue, according to investigators. They believe Lang Vue bought the vehicle used by the brothers on the day of Lo's murder.
Detectives learned that Allysa Vue, who is Chu Vue's sister, rented a motel in Sacramento they think was used by Gary and Chong Vue a few weeks before the murder.
Mason and Lee Vue, brothers of Lang Vue are suspected by police of hiding the younger Vue brothers, knowing that they were wanted in Minnesota.
Investigators say Chu Vue and the others bought cell phones under fake names and used them to talk to each other.
___________
Photos & More Information: http://www.kcra.com/news/19019942/detail.html
Chu Vue, a former Sacramento County sheriff's deputy, was arrested Thursday morning for the murder of a correctional officer suspected of having an affair with his wife, says the Sacramento Police Department.
Vue, 44, was taken into custody near his Elk Grove home without incident, said police Sgt. Norm Leong. Also arrested in the Oct. 15, 2008 murder of Steve Lo, 39, were Chu's brothers Gary and Chong Vue, and Lang Vue, a friend of Chu Vue.
Leong says detectives believe Gary and Chong Vue killed Lo at the direction of their older brother Chu Vue. Lo, who worked at the California Medical Facility in Vacaville, was found shot in the garage of his Elk Grove home as he apparently was leaving for work.
Investigators say in July 2008, Chu Vue learned his wife was having an affair with Lo.
During the course of the investigation, Vue was accused of weapon and illegal computer access charges. The latter was his alleged illegal use of sheriff's department computers for personal information about Lo.
Earlier this month, Gary and Chong Vue were arrested in Minnesota on an unrelated 2001 murder.
Four others were also arrested Thursday in connection with the case. Leong said Mason Vue, Lee Vue, Allysa Vue and Khoe Vue are suspected of harboring fugitives.
Detectives say in April 2007, Chu Vue put a mobile home on property in Corning in the name of Khoe Vue for the purpose of hiding his brothers.
Lang Vue rented cars and motels for Gary and Chong Vue, according to investigators. They believe Lang Vue bought the vehicle used by the brothers on the day of Lo's murder.
Detectives learned that Allysa Vue, who is Chu Vue's sister, rented a motel in Sacramento they think was used by Gary and Chong Vue a few weeks before the murder.
Mason and Lee Vue, brothers of Lang Vue are suspected by police of hiding the younger Vue brothers, knowing that they were wanted in Minnesota.
Investigators say Chu Vue and the others bought cell phones under fake names and used them to talk to each other.
___________
Photos & More Information: http://www.kcra.com/news/19019942/detail.html
Taser Use Being Questioned After Teen Death
Many are questioning the safety of tasers after the death of 15-year-old Brett Elder of Bay City, who was killed after a police officer shot him with a taser gun.
But local police agencies, like the Ingham County Sheriff's Office, said the tool is not only effective, but safe.
"It's just safer for the officer, and the offender, both at the same time," said Gasper Mendez, Ingham County Sheriff.
Calling it a middle ground between a gun and a baton, Dewitt Police Chief Larry Jerue echoes that notion, "It's another tool in the toolbox. It's another piece of equipment that can be utilized in a less lethal fashion."
Jerue said his officers understand the responsibility that comes with using a taser. He claims they all understand that the offender's size, stature and mental state must be taken into consideration before delpoying a taser.
"In a force continuum, what the officer does is use only the force necessary," said Jerue. "Just slightly above what is being used on them in order to secure the arrest."
But some say Bay City Police could have secured the arrest of the the 5-foot-6, 140-pound teen without a taser.
However, while Jerue won't speak directly about the Bay City incident, he did say he doesn't know of anyone being killed by a taser alone.
"Depending on the psychological makeup of what the perpetrator or assialant has injested, it could have other effects. In most of the fatalities that I've heard, there is some narcotic that has been injected into the system."
Jerue said choosing to use a taser should never be taken lightly, "You have to justify that, you have to be held accountable for that."
Bay City Police are still investigating whether officers followed department policy in using the taser.
_______________
http://www.wlaj.com/news/taser_14842___article.html/police_year.html
But local police agencies, like the Ingham County Sheriff's Office, said the tool is not only effective, but safe.
"It's just safer for the officer, and the offender, both at the same time," said Gasper Mendez, Ingham County Sheriff.
Calling it a middle ground between a gun and a baton, Dewitt Police Chief Larry Jerue echoes that notion, "It's another tool in the toolbox. It's another piece of equipment that can be utilized in a less lethal fashion."
Jerue said his officers understand the responsibility that comes with using a taser. He claims they all understand that the offender's size, stature and mental state must be taken into consideration before delpoying a taser.
"In a force continuum, what the officer does is use only the force necessary," said Jerue. "Just slightly above what is being used on them in order to secure the arrest."
But some say Bay City Police could have secured the arrest of the the 5-foot-6, 140-pound teen without a taser.
However, while Jerue won't speak directly about the Bay City incident, he did say he doesn't know of anyone being killed by a taser alone.
"Depending on the psychological makeup of what the perpetrator or assialant has injested, it could have other effects. In most of the fatalities that I've heard, there is some narcotic that has been injected into the system."
Jerue said choosing to use a taser should never be taken lightly, "You have to justify that, you have to be held accountable for that."
Bay City Police are still investigating whether officers followed department policy in using the taser.
_______________
http://www.wlaj.com/news/taser_14842___article.html/police_year.html
Reversal of Decision for Former Officer Mark Delapaz
The Texas Court of Criminal Appeals on Wednesday reversed a decision that had overturned two of the three convictions of a former Dallas police officer at the center of the city's fake-drug scandal.
The 5th District Court of Appeals in Dallas ruled in December 2007 that evidence Mark Delapaz lied in other investigations should not have been introduced at the trial.
The Court of Criminal Appeals disagreed. In its ruling, the court said the value of the testimony of other wrongdoing outweighed the negative light it cast on the former officer.
Delapaz is already serving a five-year sentence from another trial. He lied to a judge to obtain a search warrant in connection with the scandal, in which more than two dozen people were falsely arrested when paid Dallas police informants planted fake drugs on them.
Many of those arrested were Hispanic immigrants. The wrongdoing came to light in 2001 and forced the city to pay millions in settlements and led to negative publicity along with personnel changes at the Police Department.
But this week's ruling does not end the Delapaz case. The Criminal Court of Appeals ordered the lower court, whose decision it just overturned, to examine the other issues Delapaz has appealed.
Those remaining issues are whether Delapaz should have been granted a change of venue and whether two concurrent five-year sentences he received for tampering with evidence and aggravated perjury should be served consecutive to his current sentence, as the judge ordered, said April Smith, who represents Delapaz.
If the convictions ultimately stand, Delapaz would begin serving another five years when he is either paroled or serves the time for the first five-year sentence.
Smith said that she was "disappointed" by the decision and that she has not yet spoken to her client about it. She may ask for a rehearing on the issue but she said it is unlikely to change the decision.
But Toby Shook, who prosecuted the case but is now a defense attorney, concurred with the Court of Criminal Appeals. "Obviously, I think it's the correct ruling," he said.
Delapaz was charged after the wrongful arrest of Jose Vega in August 2001. Prosecutors said that the day before Vega's arrest, a paid Dallas police informant, Daniel Alonso, and his friend Roberto Gonzalez planted fake cocaine in a car at a service station where Vega worked.
The following day, video surveillance was set up. Delapaz met with Alonso, but in violation of a police procedure intended to ensure that an informant is not already carrying drugs, he did not search Alonso or his car.
After the supposed buy from Vega, Alonso met Mr. Delapaz at a convenience store and gave him two kilos of what appeared to be cocaine. Police found about 20 more kilos of the substance at the service station.
After Vega's arrest, Delapaz said in a police report and at a trial that he saw Mr. Alonso meet Mr. Vega outside the garage. But video surveillance did not show any such contact.
Another officer, Eddie Herrera, who is also charged with wrongdoing, testified that he did not see Vega and Alonso meet and that Delapaz asked him to lie.
In addition to Delapaz and Herrera, other officers were charged criminally for their role in wrongly sending people to jail.
Jeffrey Haywood was sentenced to two years probation by a judge in May 2007. This month, David Larsen pleaded guilty to misdemeanor attempted tampering with evidence in exchange for two years probation.
Herrera, who testified against Delapaz and Haywood at their trials, will likely plead guilty in exchange for probation, prosecutors say. None of the four are still police officers.
The 5th District Court of Appeals in Dallas ruled in December 2007 that evidence Mark Delapaz lied in other investigations should not have been introduced at the trial.
The Court of Criminal Appeals disagreed. In its ruling, the court said the value of the testimony of other wrongdoing outweighed the negative light it cast on the former officer.
Delapaz is already serving a five-year sentence from another trial. He lied to a judge to obtain a search warrant in connection with the scandal, in which more than two dozen people were falsely arrested when paid Dallas police informants planted fake drugs on them.
Many of those arrested were Hispanic immigrants. The wrongdoing came to light in 2001 and forced the city to pay millions in settlements and led to negative publicity along with personnel changes at the Police Department.
But this week's ruling does not end the Delapaz case. The Criminal Court of Appeals ordered the lower court, whose decision it just overturned, to examine the other issues Delapaz has appealed.
Those remaining issues are whether Delapaz should have been granted a change of venue and whether two concurrent five-year sentences he received for tampering with evidence and aggravated perjury should be served consecutive to his current sentence, as the judge ordered, said April Smith, who represents Delapaz.
If the convictions ultimately stand, Delapaz would begin serving another five years when he is either paroled or serves the time for the first five-year sentence.
Smith said that she was "disappointed" by the decision and that she has not yet spoken to her client about it. She may ask for a rehearing on the issue but she said it is unlikely to change the decision.
But Toby Shook, who prosecuted the case but is now a defense attorney, concurred with the Court of Criminal Appeals. "Obviously, I think it's the correct ruling," he said.
Delapaz was charged after the wrongful arrest of Jose Vega in August 2001. Prosecutors said that the day before Vega's arrest, a paid Dallas police informant, Daniel Alonso, and his friend Roberto Gonzalez planted fake cocaine in a car at a service station where Vega worked.
The following day, video surveillance was set up. Delapaz met with Alonso, but in violation of a police procedure intended to ensure that an informant is not already carrying drugs, he did not search Alonso or his car.
After the supposed buy from Vega, Alonso met Mr. Delapaz at a convenience store and gave him two kilos of what appeared to be cocaine. Police found about 20 more kilos of the substance at the service station.
After Vega's arrest, Delapaz said in a police report and at a trial that he saw Mr. Alonso meet Mr. Vega outside the garage. But video surveillance did not show any such contact.
Another officer, Eddie Herrera, who is also charged with wrongdoing, testified that he did not see Vega and Alonso meet and that Delapaz asked him to lie.
In addition to Delapaz and Herrera, other officers were charged criminally for their role in wrongly sending people to jail.
Jeffrey Haywood was sentenced to two years probation by a judge in May 2007. This month, David Larsen pleaded guilty to misdemeanor attempted tampering with evidence in exchange for two years probation.
Herrera, who testified against Delapaz and Haywood at their trials, will likely plead guilty in exchange for probation, prosecutors say. None of the four are still police officers.
_______________
Trooper Thomas Bledsoe Charged with Indecent Exposure
A Texas State Trooper, Thomas James Bledsoe, has been suspended with pay after he was charged with indecent exposure, a class B misdemeanor, in the Cherokee County Court-at-Law.
Mr. Bledsoe is charged with exposing himself before another department employee while standing in his office on Feb. 3.
The complaint alleged Sgt. Bledsoe was "reckless about whether another person was present who would be offended or alarmed by his act."
The complaint was filed with County Attorney Craig Caldwell by Jo Anna Miles, an employee of the DPS office in Jacksonville.
Sgt. Bledsoe turned himself in to authorities last week and immediately posted a $1,000 bond after being arraigned by Justice of the Peace James Morris, Precinct 3.
Although Ms. Miles is an employee of the Texas Department of Public Safety, her salary is paid by Cherokee County.
Sgt. Bledsoe completed his trooper training and had been assigned to the Jacksonville office since February 2004.
He was promoted to sergeant in December 2008.
He was suspended with pay on Friday, March 20.
____________________
http://www.tylerpaper.com/article/20090325/NEWS01/903250307
Mr. Bledsoe is charged with exposing himself before another department employee while standing in his office on Feb. 3.
The complaint alleged Sgt. Bledsoe was "reckless about whether another person was present who would be offended or alarmed by his act."
The complaint was filed with County Attorney Craig Caldwell by Jo Anna Miles, an employee of the DPS office in Jacksonville.
Sgt. Bledsoe turned himself in to authorities last week and immediately posted a $1,000 bond after being arraigned by Justice of the Peace James Morris, Precinct 3.
Although Ms. Miles is an employee of the Texas Department of Public Safety, her salary is paid by Cherokee County.
Sgt. Bledsoe completed his trooper training and had been assigned to the Jacksonville office since February 2004.
He was promoted to sergeant in December 2008.
He was suspended with pay on Friday, March 20.
____________________
http://www.tylerpaper.com/article/20090325/NEWS01/903250307
Capt. Clarence Arthur Ebarb Jr. Arrested for Family Assault
San Benito Police Capt. Clarence Arthur Ebarb Jr. was arrested on a family assault charge by Harlingen police.
Ebarb, a 58-year-old Harlingen resident, was arrested about 3:20 a.m. Saturday after a disturbance at the Palm Terrace Apartments, 1501 Sam Houston St., jail records show.
According to a Harlingen police news release, Ebarb's wife told police he had "forcefully grabbed her arms and repeatedly pushed and pulled her."
Ebarb has been placed on unpaid leave pending the outcome of his case.
San Benito Mayor Joe Hernandez said, "It's surprising. It's a shocker, but we have to continue going forward. It hurts because, with one little incident, (people) label every (police officer) as a bad person. They don't look at all the good they do."
Ebarb, a 58-year-old Harlingen resident, was arrested about 3:20 a.m. Saturday after a disturbance at the Palm Terrace Apartments, 1501 Sam Houston St., jail records show.
According to a Harlingen police news release, Ebarb's wife told police he had "forcefully grabbed her arms and repeatedly pushed and pulled her."
Ebarb has been placed on unpaid leave pending the outcome of his case.
San Benito Mayor Joe Hernandez said, "It's surprising. It's a shocker, but we have to continue going forward. It hurts because, with one little incident, (people) label every (police officer) as a bad person. They don't look at all the good they do."
Officer Armando Posada Arrested for Drunk Driving
SAN BENITO
A San Benito police officer was arrested last week on a drunken driving charge while he was driving an unmarked San Benito police vehicle, Department of Public Safety spokesman Trooper Johnny Hernandez said Wednesday.
Hernandez said Armando Posada, a 40-year-old San Benito resident, was off duty when he was pulled over for speeding while travelling east on FM 510 near Bayview about 12:30 a.m. Friday.
"He refused a field sobriety test and he refused a breath test," Hernandez said. "But he was highly intoxicated."
The DPS spokesman said Posada did not identify himself as a police officer at the time of his arrest and was driving an unmarked police pickup.
Acting police chief George Gomez said officers are allowed to take unmarked police vehicles home with them.
Posada was jailed at the Los Fresnos Police department but was no longer held there or in the Cameron County jail late Wednesday.
A San Benito police officer was arrested last week on a drunken driving charge while he was driving an unmarked San Benito police vehicle, Department of Public Safety spokesman Trooper Johnny Hernandez said Wednesday.
Hernandez said Armando Posada, a 40-year-old San Benito resident, was off duty when he was pulled over for speeding while travelling east on FM 510 near Bayview about 12:30 a.m. Friday.
"He refused a field sobriety test and he refused a breath test," Hernandez said. "But he was highly intoxicated."
The DPS spokesman said Posada did not identify himself as a police officer at the time of his arrest and was driving an unmarked police pickup.
Acting police chief George Gomez said officers are allowed to take unmarked police vehicles home with them.
Posada was jailed at the Los Fresnos Police department but was no longer held there or in the Cameron County jail late Wednesday.
Military Officer Sgt. Grady Riley Arrested on Child Porn Charges
A Fort Bliss military police officer has been indicted on child pornography charges, federal agents announced Tuesday.
Immigration and Customs Enforcement agents arrested Staff Sgt. Grady Michael Riley on Monday at the Army post.
Riley, 33, was charged with one count of possession of child pornography and one count of receiving child porn ography, said Leticia Zamarripa, an ICE spokeswoman. If convicted, he faces up to 10 years in prison, she said.
U.S. Magistrate Norbert J. Garney read Riley the charges at a preliminary hearing Tues day.
Zamarripa said Riley was the object of a yearlong investigation.
ICE agents in February seized two computers from his home in the 12000 block of Hosea. They found 2,822 sexually explicit images and 150 child pornography videos, Zamarripa said.
Jail records show Riley was being held in the El Paso County Jail without bond.
Zamarripa said child porn ography cases often fall under ICE's jurisdiction because most of the illicit material is imported.
Riley was the second Fort Bliss soldier in a year arrested on child pornography charges. Arkon Christopher Caldwell, also a military police officer, was sentenced in July to 96 months in federal prison after being convicted on child pornography charges.
Former Officer Dennis Tasker Charged with Sex Abuse Involving Child
KINGSTON, N.Y.
A former upstate police officer is charged with multiple counts of sex abuse involving at least one child.
Dennis Tasker of New Paltz was charged Monday with two counts of felony criminal sexual act and one count of sexual course of conduct to a child. He's also charged with sexual abuse, forcible touching and endangering the welfare of a minor. He was being held in Ulster County Jail without bail.
State police say the 61-year-old performed sexual acts on a child during a 12- to 18-month period. Tasker was previously a police officer with the New Paltz and Town of Ulster police departments. He resigned from the Town of Ulster department after he was accused of stalking an ex-girlfriend.
New Paltz court officials had no attorney listed for him as of Tuesday afternoon.
____________________
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090324/NEWS/90323046
A former upstate police officer is charged with multiple counts of sex abuse involving at least one child.
Dennis Tasker of New Paltz was charged Monday with two counts of felony criminal sexual act and one count of sexual course of conduct to a child. He's also charged with sexual abuse, forcible touching and endangering the welfare of a minor. He was being held in Ulster County Jail without bail.
State police say the 61-year-old performed sexual acts on a child during a 12- to 18-month period. Tasker was previously a police officer with the New Paltz and Town of Ulster police departments. He resigned from the Town of Ulster department after he was accused of stalking an ex-girlfriend.
New Paltz court officials had no attorney listed for him as of Tuesday afternoon.
____________________
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090324/NEWS/90323046
Officer James Watson Facing Additional Charges
The Georgia Bureau of Investigation says James Watson, 27, was an officer with the Nashville Police Department when he solicited sodomy from a 17-year-old boy earlier this month.
Watson is now charged with violating his Oath of Office which is a felony.
He voluntarily resigned from the police department effective this past Monday.
While Watson was not on duty at the time of his arrest, investigators say this latest charge could result in the loss of his police certificate.
Watson was arrested on Friday, March 13th. He is now out on bond.
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/03/officer-james-watson-charged-with.html
Watson is now charged with violating his Oath of Office which is a felony.
He voluntarily resigned from the police department effective this past Monday.
While Watson was not on duty at the time of his arrest, investigators say this latest charge could result in the loss of his police certificate.
Watson was arrested on Friday, March 13th. He is now out on bond.
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/03/officer-james-watson-charged-with.html
Officer Daniel Dominguez Arrested for Assaulting Girlfriend
OKLAHOMA CITY
An Oklahoma City police officer is arrested at a metro mall, accused of threatening his girlfriend a day before at a local hospital, police said.
Police alleged that Daniel Dominguez, 41, threatened a 37-year-old woman, identified by police as his on-again, off-again girlfriend, while he was working security Monday at the Oklahoma Spine Hospital.
He was arrested at about 6 p.m. Tuesday at Crossroads Mall, where he also works security, and taken to the Oklahoma County Jail, where he remains on Wednesday.
Dominguez has not been charged, but he has been placed on administrative leave pending a criminal and internal investigation, police said.
He was arrested at about 6 p.m. Tuesday at Crossroads Mall, where he also works security, and taken to the Oklahoma County Jail, where he remains on Wednesday.
Dominguez has not been charged, but he has been placed on administrative leave pending a criminal and internal investigation, police said.
_________________
Tuesday, March 24, 2009
Undercover Narcotics Officer Rick Ramsdale Charged with Trafficking
A 46-year-old Alamogordo Department of Public Safety undercover narcotics agent was arrested for suspected trafficking of cocaine Saturday, an ADPS spokesman said.
ADPS Director Sam Trujillo said officer Rick Ramsdale is charged with trafficking by possession with intent to distribute.
Trujillo said the New Mexico State Police searched Ramsdale's home and found 1.3 pounds of suspected cocaine.
He said his department is continuing its own internal investigation of Ramsdale.
Trujillo said state police continues its own investigation of Ramsdale's suspected possession of cocaine.
According to Otero County Detention Center records, Ramsdale was released from OCDC on a $50,000 bail bond with no ten percent to appear in court April 22.
"Narcotics agents were conducting a surveillance investigation on an unrelated case Friday," Trujillo said. "One agent noticed the erratic behavior of Ramsdale that's what alerted the agent, something was wrong."
He said Ramsdale was transported to a local hospital for an evaluation.
Trujillo said the drug test at the hospital indicates the presence of cocaine.
"There was no indication prior to Ramsdale's behavior," he said. "We contacted the state police because we believe a crime has been committed by one of our employees."
Trujillo said the two investigations being conducted were initiated by his department.
"Ramsdale has been placed on administrative leave without pay pending a termination hearing," he said. "He was arrested by state police after being released from the hospital."
Detective Lt. Lee Wilder said they conducted an internal investigation.
"We notified the District Attorney's office," Wilder said. "The DA's office notified the state police. It would be unethical for us to truly investigate our own officer."
Trujillo said it is disturbing that ADPS had an officer arrested for suspected criminal activity.
"We do have to police our own," he said. "I do have to commend the other narcotics agents for stepping forward and making sure this did not continue."
Ramsdale started working as a undercover narcotics officer five weeks ago. He has worked as patrol officer at ADPS for one year. He was an Otero County Sheriff's Department deputy for five years prior to working at ADPS.
ADPS Director Sam Trujillo said officer Rick Ramsdale is charged with trafficking by possession with intent to distribute.
Trujillo said the New Mexico State Police searched Ramsdale's home and found 1.3 pounds of suspected cocaine.
He said his department is continuing its own internal investigation of Ramsdale.
Trujillo said state police continues its own investigation of Ramsdale's suspected possession of cocaine.
According to Otero County Detention Center records, Ramsdale was released from OCDC on a $50,000 bail bond with no ten percent to appear in court April 22.
"Narcotics agents were conducting a surveillance investigation on an unrelated case Friday," Trujillo said. "One agent noticed the erratic behavior of Ramsdale that's what alerted the agent, something was wrong."
He said Ramsdale was transported to a local hospital for an evaluation.
Trujillo said the drug test at the hospital indicates the presence of cocaine.
"There was no indication prior to Ramsdale's behavior," he said. "We contacted the state police because we believe a crime has been committed by one of our employees."
Trujillo said the two investigations being conducted were initiated by his department.
"Ramsdale has been placed on administrative leave without pay pending a termination hearing," he said. "He was arrested by state police after being released from the hospital."
Detective Lt. Lee Wilder said they conducted an internal investigation.
"We notified the District Attorney's office," Wilder said. "The DA's office notified the state police. It would be unethical for us to truly investigate our own officer."
Trujillo said it is disturbing that ADPS had an officer arrested for suspected criminal activity.
"We do have to police our own," he said. "I do have to commend the other narcotics agents for stepping forward and making sure this did not continue."
Ramsdale started working as a undercover narcotics officer five weeks ago. He has worked as patrol officer at ADPS for one year. He was an Otero County Sheriff's Department deputy for five years prior to working at ADPS.
UPDATE on Officer Scott Moss Charged with Domestic Violence
A Seattle Police officer was charged Wednesday with second-degree assault for a domestic violence incident at his home outside Sammamish.
Officer Scott Moss, 39, was arrested early March 21 after his wife ran to a neighbor's home and called 911. She told King County Sheriff's deputies that Moss had pushed her as she tried to leave during an argument and thrust a kitchen knife toward her hand, cutting her right thumb, court documents say.
His wife's thumb was bleeding when deputies arrived, court documents say.
The argument started after his wife receievd a cell phone call from a woman who said Moss was having an affair with the caller's friend. Moss' wife confronted him when he got home, court documents say.
His arraignment is set for April 7 in King County Superior Court.
The Police Department seized Moss's gun and badge after his release from jail on a $10,000 bond. A 15-year veteran, he has been re-assigned from his position as an acting sergeant in the department's Office of Professional Accountability. Moss had taken a civil service promotional exam and was on a list of potential candidates for sergeant, the Police Department said in a statement.
Moss formerly worked for the department's media relations unit. In 2005, Moss was stopped for drunken driving but the charge was reduced to first-degree negligent driving, according to court records.
The court in this case ordered a protection order between Moss and his wife, who have been married 14 years and have four children, court documents say.
When deputies arrested him, Moss denied assaulting his wife, saying "all I did was move her out of the way," according to court documents.
To read a special Seattle P-I report about domestic violence and police, click here.
____________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/03/officer-scott-moss-accused-of.html
Officer Scott Moss, 39, was arrested early March 21 after his wife ran to a neighbor's home and called 911. She told King County Sheriff's deputies that Moss had pushed her as she tried to leave during an argument and thrust a kitchen knife toward her hand, cutting her right thumb, court documents say.
His wife's thumb was bleeding when deputies arrived, court documents say.
The argument started after his wife receievd a cell phone call from a woman who said Moss was having an affair with the caller's friend. Moss' wife confronted him when he got home, court documents say.
His arraignment is set for April 7 in King County Superior Court.
The Police Department seized Moss's gun and badge after his release from jail on a $10,000 bond. A 15-year veteran, he has been re-assigned from his position as an acting sergeant in the department's Office of Professional Accountability. Moss had taken a civil service promotional exam and was on a list of potential candidates for sergeant, the Police Department said in a statement.
Moss formerly worked for the department's media relations unit. In 2005, Moss was stopped for drunken driving but the charge was reduced to first-degree negligent driving, according to court records.
The court in this case ordered a protection order between Moss and his wife, who have been married 14 years and have four children, court documents say.
When deputies arrested him, Moss denied assaulting his wife, saying "all I did was move her out of the way," according to court documents.
To read a special Seattle P-I report about domestic violence and police, click here.
____________
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/03/officer-scott-moss-accused-of.html
Veteran Houston Officer Being Investigated for Sexual Assault
HOUSTON
A 30-year veteran Houston policeman is being investigated amid allegations he sexually assaulted another male in southwest Houston, sources tell FOX 26.
A gun may have been involved in the incident, and the victim of the alleged assault has submitted a rape kit, sources said.
Meanwhile, the officer is relieved of duty pending the outcome of the criminal and internal investigations, sources said.
FOX 26 is withholding the identity of the officer because no charges have been filed against him.
However, Houston police have confirmed that he has been relieved of duty, although they declined to comment on the issue.
A 30-year veteran Houston policeman is being investigated amid allegations he sexually assaulted another male in southwest Houston, sources tell FOX 26.
A gun may have been involved in the incident, and the victim of the alleged assault has submitted a rape kit, sources said.
Meanwhile, the officer is relieved of duty pending the outcome of the criminal and internal investigations, sources said.
FOX 26 is withholding the identity of the officer because no charges have been filed against him.
However, Houston police have confirmed that he has been relieved of duty, although they declined to comment on the issue.
When Evidence From Surveillance Cameras Leads to Charges Against Officers
Surveillance cameras have captured the faces of criminal suspects in banks, in elevators and on street corners. But they have also surfaced in an unexpected law enforcement role: as evidence against police officers accused of misconduct or of lying on the witness stand.
The latest such case emerged on Monday, when a New York City detective, Debra Eager, 41, was indicted on three felony perjury charges after her testimony before a grand jury about a 2007 drug arrest “starkly contradicted” video surveillance of the event, according to Robert T. Johnson, the Bronx district attorney.
Detective Eager pleaded not guilty to the charges, said her lawyer, Peter E. Brill, who pointed out that she had 15 years’ experience on the force and no disciplinary history. He explained the discrepancies between her testimony and the video as honest mistakes.
Mr. Johnson, commenting on the case, said in a statement that “untruthful testimony” from law enforcement officers “strikes at the very heart of our system of justice and seriously erodes public confidence in our courts.”
Detective Eager’s indictment is one of several in recent months in which video recordings played a role in establishing criminal cases against police officers or led prosecutors to drop charges against suspects the officers had arrested.
In September, the Manhattan district attorney’s office dropped charges of attempted assault, resisting arrest and disorderly conduct against a cyclist, Christopher Long, after videotape showed a police officer, Patrick Pogan, knocking him off his bicycle during a cycling event in Manhattan last summer. Mr. Pogan was indicted in December on charges of assault and filing false paperwork, and has since resigned.
In January, two undercover narcotics officers, Officer Henry Tavarez and Detective Stephen Anderson, were charged with official misconduct and conspiracy after prosecutors said they lied about a “buy and bust” operation at a bar in Queens. One of the men they had arrested, on charges of selling the officers drugs, produced video evidence showing that the officers had had no contact with him or three other suspects, prosecutors said. The charges against the men were dropped.
Last month, assault charges were dropped against a truck driver, Michael Cephus, after a video showed a police officer, Maurice Harrington, hitting him 10 times with a metal baton on Delancey Street in Manhattan, according to Brian Orlow, a lawyer for Mr. Cephus.
Alicia Maxey Greene, a spokeswoman for the Manhattan district attorney’s office, confirmed that the office was investigating Officer Harrington, but declined to comment further.
Also last month, Officer David London was indicted on charges of assault and filing false records after video from a surveillance camera at an Upper West Side building showed that he pulled a man he had accused of resisting arrest out of an elevator and beat him 18 to 20 times with a baton. Officer London has pleaded not guilty.
Detective Eager was released on a $15,000 personal recognizance bond, and her case was adjourned until May 12. Each of the three counts carries a maximum sentence of seven years in prison, prosecutors said.
Mr. Brill said Detective Eager had no incentive to lie. “What did she have invested in lying?” he said on Tuesday, recounting his remarks in court the day before. “She has made 1,300 arrests.”
The chief spokesman for the Police Department, Paul J. Browne, declined to comment on Detective Eager’s case other than to say that she had been suspended from the force. But when asked to comment about police officers accused of perjury, he said, “It does not happen often, but when it does, it is baffling why police officers would risk prosecution and their careers to advance a criminal case rather than let the chips fall where they may.”
The case against Detective Eager stems from her arrest of three people on drug charges in November 2007 at an apartment building on Holland Avenue in the Bronx.
In an excerpt from her grand jury testimony, released by Mr. Johnson’s office, Detective Eager says she and a partner left their van and entered the building through a broken door to follow two men who they believed had two boxes of marijuana. In another excerpt, she says she and her partner “went up to the fourth floor” and then “to the fifth floor” when they heard the suspects jingling keys to unlock Apartment 55N.
The third perjury count was based on her remarks that during the arrest she had recovered two boxes of marijuana, one 15 pounds and the other 18 pounds.
The district attorney’s statement does not say what the video showed, but claims that her testimony was “specific in detail” and contradicted by the video surveillance.
The felony and misdemeanor charges were dropped against the drug suspects last October, prosecutors said.
Mr. Brill said the surveillance video became part of the case when one or more of the defendants filed a complaint against Detective Eager with the Civilian Complaint Review Board.
Mr. Brill said that after Detective Eager saw the video, she realized that “some of the things she said in the grand jury were incorrect based upon not lying, but mistakes she had made in recalling this.”
Within days, he said, she went to the district attorney’s office and explained the situation.
Mr. Brill said the video showed that Detective Eager and her partner had gone up to the fifth floor separately, perhaps minutes apart, and that members of the police team she was with made the recovery of the boxes — she did not recover them on her own.
__________________
http://www.nytimes.com/2009/03/25/nyregion/25perjury.html?_r=1
The latest such case emerged on Monday, when a New York City detective, Debra Eager, 41, was indicted on three felony perjury charges after her testimony before a grand jury about a 2007 drug arrest “starkly contradicted” video surveillance of the event, according to Robert T. Johnson, the Bronx district attorney.
Detective Eager pleaded not guilty to the charges, said her lawyer, Peter E. Brill, who pointed out that she had 15 years’ experience on the force and no disciplinary history. He explained the discrepancies between her testimony and the video as honest mistakes.
Mr. Johnson, commenting on the case, said in a statement that “untruthful testimony” from law enforcement officers “strikes at the very heart of our system of justice and seriously erodes public confidence in our courts.”
Detective Eager’s indictment is one of several in recent months in which video recordings played a role in establishing criminal cases against police officers or led prosecutors to drop charges against suspects the officers had arrested.
In September, the Manhattan district attorney’s office dropped charges of attempted assault, resisting arrest and disorderly conduct against a cyclist, Christopher Long, after videotape showed a police officer, Patrick Pogan, knocking him off his bicycle during a cycling event in Manhattan last summer. Mr. Pogan was indicted in December on charges of assault and filing false paperwork, and has since resigned.
In January, two undercover narcotics officers, Officer Henry Tavarez and Detective Stephen Anderson, were charged with official misconduct and conspiracy after prosecutors said they lied about a “buy and bust” operation at a bar in Queens. One of the men they had arrested, on charges of selling the officers drugs, produced video evidence showing that the officers had had no contact with him or three other suspects, prosecutors said. The charges against the men were dropped.
Last month, assault charges were dropped against a truck driver, Michael Cephus, after a video showed a police officer, Maurice Harrington, hitting him 10 times with a metal baton on Delancey Street in Manhattan, according to Brian Orlow, a lawyer for Mr. Cephus.
Alicia Maxey Greene, a spokeswoman for the Manhattan district attorney’s office, confirmed that the office was investigating Officer Harrington, but declined to comment further.
Also last month, Officer David London was indicted on charges of assault and filing false records after video from a surveillance camera at an Upper West Side building showed that he pulled a man he had accused of resisting arrest out of an elevator and beat him 18 to 20 times with a baton. Officer London has pleaded not guilty.
Detective Eager was released on a $15,000 personal recognizance bond, and her case was adjourned until May 12. Each of the three counts carries a maximum sentence of seven years in prison, prosecutors said.
Mr. Brill said Detective Eager had no incentive to lie. “What did she have invested in lying?” he said on Tuesday, recounting his remarks in court the day before. “She has made 1,300 arrests.”
The chief spokesman for the Police Department, Paul J. Browne, declined to comment on Detective Eager’s case other than to say that she had been suspended from the force. But when asked to comment about police officers accused of perjury, he said, “It does not happen often, but when it does, it is baffling why police officers would risk prosecution and their careers to advance a criminal case rather than let the chips fall where they may.”
The case against Detective Eager stems from her arrest of three people on drug charges in November 2007 at an apartment building on Holland Avenue in the Bronx.
In an excerpt from her grand jury testimony, released by Mr. Johnson’s office, Detective Eager says she and a partner left their van and entered the building through a broken door to follow two men who they believed had two boxes of marijuana. In another excerpt, she says she and her partner “went up to the fourth floor” and then “to the fifth floor” when they heard the suspects jingling keys to unlock Apartment 55N.
The third perjury count was based on her remarks that during the arrest she had recovered two boxes of marijuana, one 15 pounds and the other 18 pounds.
The district attorney’s statement does not say what the video showed, but claims that her testimony was “specific in detail” and contradicted by the video surveillance.
The felony and misdemeanor charges were dropped against the drug suspects last October, prosecutors said.
Mr. Brill said the surveillance video became part of the case when one or more of the defendants filed a complaint against Detective Eager with the Civilian Complaint Review Board.
Mr. Brill said that after Detective Eager saw the video, she realized that “some of the things she said in the grand jury were incorrect based upon not lying, but mistakes she had made in recalling this.”
Within days, he said, she went to the district attorney’s office and explained the situation.
Mr. Brill said the video showed that Detective Eager and her partner had gone up to the fifth floor separately, perhaps minutes apart, and that members of the police team she was with made the recovery of the boxes — she did not recover them on her own.
__________________
http://www.nytimes.com/2009/03/25/nyregion/25perjury.html?_r=1
Correction Officer Richard Alsup Arrested for Molesting Child
A Marion County sheriff's correction officer is facing serious charges following accusations of child molest.
Richard Alsup was arrested Tuesday after police were notified by Child Protective Services investigators.
A 14-year-old relative told authorities that Alsup had molested her for two years. She said the latest incidents happened earlier this month at the Mariners Village Apartment Complex on the city's west side.
"Although he has ties with the sheriff's dept and impd from the standpoint of who he is does not matter in reference to the investgation of criminal matters," said Lt. Jeff Duhamell, Indianapolis Metro Police Department.
When Alsup was questioned about the accusations he stated that he wasn’t sure if the incident occurred.
Alsup faces several charges including child molest, incest and sexual misconduct with a minor.
He's being held in the Marion County Jail without bond. He's currently being kept under close watch, away from the rest of the jail population.
______________
Other Information:
http://www.wthr.com/Global/story.asp?S=10068877
http://www.theindychannel.com/news/19010756/detail.html
Amnesty International Criticize Police in Michigan for Taser Death
DETROIT
Amnesty International criticized police in Michigan on Tuesday for using a Taser to subdue a 15-year-old boy who died shortly afterward, saying it illustrates the dangers of the electroshock weapon.
Bay City police said an officer used a Taser on Brett Elder on Sunday because he tried to fight with them. The teen would have turned 16 Tuesday.
An autopsy was conducted on Monday, but a cause of death has not yet been determined, said Lt. John Card, commander of the state police's Bay City post. He said the investigation into the incident is ongoing.
The London office of Amnesty International, an outspoken critic of Tasers, issued a statement Tuesday saying the death "reinforces the need for greater caution" before Tasers are distributed more widely.
"Tasers should only be used in life-threatening situations, and this doesn't appear to be such an instance," said Oliver Sprague, director of Amnesty International's arms program in Britain. "Surely another form of restraint could have been applied in this case."
A spokesman for Taser International, based in Scottsdale, Ariz., said Amnesty was "inappropriately jumping to conclusions" about the teen's death.
"The Taser itself has saved thousands of lives, and medical science has shown it to be the safer alternative compared to any other tool on an officer's belt today," said spokesman Steve Tuttle.
"We stand behind the safety of our Taser devices, and medical science supports this stance, especially in terms of human testing," Tuttle said.
Bay City police turned the case over to Michigan State Police for investigation. The department also placed one officer on administrative leave while it conducts an internal probe of whether its rules were followed.
Amnesty International said it was the second death of a minor after Taser use this year in the U.S. and one of 351 deaths after use of a Taser in the U.S. since June 2001. Tuttle said the Taser has been exonerated as a cause or contributing factor in the vast majority of deaths.
City police Chief Michael Cecchini defended his officers' actions at a news conference Tuesday. He said officers were trying to settle a verbal dispute between Elder and a man, and the officers acted when the youth became unruly and took a "fighting stance" against them.
The officers handcuffed Elder but saw he was having a medical problem and gave assistance while calling an emergency medical crew.
His father, Eugene Elder, told The Bay City Times that while his son was unruly, police shouldn't have used the Taser on him. "There's no reason to kill my boy," he said.
_________
Other Information:
http://www.freep.com/article/20090324/NEWS05/903240395/1007/NEWS/State+Police+look+into+Taser+death+in+Bay+City
Amnesty International criticized police in Michigan on Tuesday for using a Taser to subdue a 15-year-old boy who died shortly afterward, saying it illustrates the dangers of the electroshock weapon.
Bay City police said an officer used a Taser on Brett Elder on Sunday because he tried to fight with them. The teen would have turned 16 Tuesday.
An autopsy was conducted on Monday, but a cause of death has not yet been determined, said Lt. John Card, commander of the state police's Bay City post. He said the investigation into the incident is ongoing.
The London office of Amnesty International, an outspoken critic of Tasers, issued a statement Tuesday saying the death "reinforces the need for greater caution" before Tasers are distributed more widely.
"Tasers should only be used in life-threatening situations, and this doesn't appear to be such an instance," said Oliver Sprague, director of Amnesty International's arms program in Britain. "Surely another form of restraint could have been applied in this case."
A spokesman for Taser International, based in Scottsdale, Ariz., said Amnesty was "inappropriately jumping to conclusions" about the teen's death.
"The Taser itself has saved thousands of lives, and medical science has shown it to be the safer alternative compared to any other tool on an officer's belt today," said spokesman Steve Tuttle.
"We stand behind the safety of our Taser devices, and medical science supports this stance, especially in terms of human testing," Tuttle said.
Bay City police turned the case over to Michigan State Police for investigation. The department also placed one officer on administrative leave while it conducts an internal probe of whether its rules were followed.
Amnesty International said it was the second death of a minor after Taser use this year in the U.S. and one of 351 deaths after use of a Taser in the U.S. since June 2001. Tuttle said the Taser has been exonerated as a cause or contributing factor in the vast majority of deaths.
City police Chief Michael Cecchini defended his officers' actions at a news conference Tuesday. He said officers were trying to settle a verbal dispute between Elder and a man, and the officers acted when the youth became unruly and took a "fighting stance" against them.
The officers handcuffed Elder but saw he was having a medical problem and gave assistance while calling an emergency medical crew.
His father, Eugene Elder, told The Bay City Times that while his son was unruly, police shouldn't have used the Taser on him. "There's no reason to kill my boy," he said.
_________
Other Information:
http://www.freep.com/article/20090324/NEWS05/903240395/1007/NEWS/State+Police+look+into+Taser+death+in+Bay+City
Deputy Accused of Writing Ticket While Woman Dies
A Tennessee man who was rushing his 83 year-old mother to a hospital says a sheriff's deputy stopped him for an expired tag and wrote up the ticket while the man's mother died in the back seat.
Wayne Ables said he was stopped on March 12, 2009. Ables said his mother Vernice Ables suffered from chronic obstructive pulmonary disease and stopped breathing during the traffic stop.
He asked the unidentified deputy to follow him to Saint Francis Hospital-Bartlett, less than a mile away, and write the ticket there. The deputy refused, instead calling an ambulance while at the same time checking Ables' license and insurance.
The incident is under investigation, according to reports.
Wayne Ables said he was stopped on March 12, 2009. Ables said his mother Vernice Ables suffered from chronic obstructive pulmonary disease and stopped breathing during the traffic stop.
He asked the unidentified deputy to follow him to Saint Francis Hospital-Bartlett, less than a mile away, and write the ticket there. The deputy refused, instead calling an ambulance while at the same time checking Ables' license and insurance.
The incident is under investigation, according to reports.
Veteran Officer Sgt. Michael Tindall Robs Bank
At 1 p.m. the FBI announced the arrest of a 23 year veteran of the Conroe Police Department for allegedly robbing the 1st Bank of Conroe, located at 2201 Westview in Conroe on Aug. 11, 2008.
Sgt. Michael Tindall was arrested this morning at the FBI field office in Conroe.
According to the complaint, Tindall was off-duty and monitoring a police radio, when he allegedly walked into the bank wearing gloves, a white motorcycle helmet with a clear visor and aviator style glasses, a dark color jacked or shirt, blue jeans, white athletic shoes, carrying a black bag and demanded money, which was received in the amount of over $28,000.
Details emerging from the press conference stated Tindall was employed at that Bank part-time as a security officer. The complaint states the robber only demanded money from the bottom drawer, which did not contain “bait money” used to track robbers, which is said to be that bank’s policy and not an industry standard.
During the investigation, FBI Special Agent Soo J. Barrow reviewed surveillance video from Aug. 10, the day prior to the robbery, when a uniformed officer, identified as Tindall by CPD Task Force Officer Dorcy McGinnis, used a rear entrance that allows access to the teller area, where he lingered talking on a cell phone, and walked into the drive-through area. A review of Tindall’s bank account, at that bank, shows he made a deposit around that time, but the time spent in the teller area, approximately 12 minutes, far exceeded that required to have made the transaction, according to the complaint.
Conroe Police Chief Charlie Ray stood alongside FBI officials and also addressed the media during the press conference.
Additional details will be added soon, along with video of the press conference.
_____________
http://www.chron.com/disp/story.mpl/hotstories/6337329.html
Sgt. Michael Tindall was arrested this morning at the FBI field office in Conroe.
According to the complaint, Tindall was off-duty and monitoring a police radio, when he allegedly walked into the bank wearing gloves, a white motorcycle helmet with a clear visor and aviator style glasses, a dark color jacked or shirt, blue jeans, white athletic shoes, carrying a black bag and demanded money, which was received in the amount of over $28,000.
Details emerging from the press conference stated Tindall was employed at that Bank part-time as a security officer. The complaint states the robber only demanded money from the bottom drawer, which did not contain “bait money” used to track robbers, which is said to be that bank’s policy and not an industry standard.
During the investigation, FBI Special Agent Soo J. Barrow reviewed surveillance video from Aug. 10, the day prior to the robbery, when a uniformed officer, identified as Tindall by CPD Task Force Officer Dorcy McGinnis, used a rear entrance that allows access to the teller area, where he lingered talking on a cell phone, and walked into the drive-through area. A review of Tindall’s bank account, at that bank, shows he made a deposit around that time, but the time spent in the teller area, approximately 12 minutes, far exceeded that required to have made the transaction, according to the complaint.
Conroe Police Chief Charlie Ray stood alongside FBI officials and also addressed the media during the press conference.
Additional details will be added soon, along with video of the press conference.
_____________
http://www.chron.com/disp/story.mpl/hotstories/6337329.html
Officer Patrick Dotson Charged with Attempted Murder
Baltimore police have charged a city officer with attempted murder, accusing him of firing his service weapon during an off-duty fight outside a Canton nightclub this month.
Police said Officer Patrick A. Dotson, 26, who has been on the force two years, was suspended Monday when investigators determined he was involved in the March 8 incident outside Fins on the Square in the 2900 block of O'Donnell St.
Dotson and other officers got into an argument in the bar that turned into a fight and spilled outside about closing time, according to police spokesman Anthony Guglielmi. Dotson is accused of firing his weapon at a vehicle, hitting it in the rear. The men in the car left the scene and called 911.
Guglielmi said Police Commissioner Frederick H. Bealefeld III suspended Dotson immediately after he was identified as a suspect.
"The commissioner has zero tolerance for this kind of thing," Guglielmi said.
Dustin Jackson, 25, who suffered two chipped teeth in the skirmish, said he did not know the man who fired the shots at his car was an officer until he was contacted by internal affairs. He said the shots were fired as he tried to leave the area.
"My buddy saw the guy who I had been getting in a fight with and said, 'Oh crap, he's got a gun,'" Jackson said. "That's when we saw him pull it from his side and fire the shot."
Jackson said that the bullet struck his gas tank. He said he was concerned that the other officers involved did not try to intervene and that none of them reported the incident. "Why wouldn't you come forward?" he said.
A source with knowledge of the investigation who spoke on condition of anonymity because he was not authorized to speak about the case said that bar staff was familiar with at least one of the officers, leading to the identification of the officers who were suspended.
Guglielmi said another officer, Fontaine W. Smallwood, has been suspended but is not expected to face criminal charges. A female officer who was with them has not been disciplined.
As a pair, Dotson and Smallwood have brought charges in numerous drug cases that are pending in District and Circuit courts. Guglielmi said they work on an initiative focused on the Pennsylvania Avenue corridor, and records indicate they are assigned to the Western District. It was unclear how the suspensions would affect the pending cases.
Several officers have recently faced criminal charges. Officer Robert H. Gordon, 44, and his wife were charged with stealing from an Owings Mills Wal-Mart. Robert Knotts, 24, a new recruit who was participating in field training in the Northwest District, was suspended after being charged this month with first-degree assault in Baltimore County.
Next week, Detective Terry Love Jr., 32, is scheduled to go on trial in the beating a man outside a Govans barbershop. Tommy Sanders III, 38, is set to go to trial on charges of manslaughter. He is accused of fatally shooting an unarmed man while on duty.
And this month, a police trial board recommended the firing of Officer Christopher Vallejo, 32, who in February 2008 was found guilty of assaulting a woman in Federal Hill.
Jackson said his experience was troubling but that it did not change his opinion of the Police Department.
"One bad apple doesn't spoil the bunch to me," Jackson said. "From how it's been handled ... to me, it's been very thorough, and internal affairs done an excellent job."
Police said Officer Patrick A. Dotson, 26, who has been on the force two years, was suspended Monday when investigators determined he was involved in the March 8 incident outside Fins on the Square in the 2900 block of O'Donnell St.
Dotson and other officers got into an argument in the bar that turned into a fight and spilled outside about closing time, according to police spokesman Anthony Guglielmi. Dotson is accused of firing his weapon at a vehicle, hitting it in the rear. The men in the car left the scene and called 911.
Guglielmi said Police Commissioner Frederick H. Bealefeld III suspended Dotson immediately after he was identified as a suspect.
"The commissioner has zero tolerance for this kind of thing," Guglielmi said.
Dustin Jackson, 25, who suffered two chipped teeth in the skirmish, said he did not know the man who fired the shots at his car was an officer until he was contacted by internal affairs. He said the shots were fired as he tried to leave the area.
"My buddy saw the guy who I had been getting in a fight with and said, 'Oh crap, he's got a gun,'" Jackson said. "That's when we saw him pull it from his side and fire the shot."
Jackson said that the bullet struck his gas tank. He said he was concerned that the other officers involved did not try to intervene and that none of them reported the incident. "Why wouldn't you come forward?" he said.
A source with knowledge of the investigation who spoke on condition of anonymity because he was not authorized to speak about the case said that bar staff was familiar with at least one of the officers, leading to the identification of the officers who were suspended.
Guglielmi said another officer, Fontaine W. Smallwood, has been suspended but is not expected to face criminal charges. A female officer who was with them has not been disciplined.
As a pair, Dotson and Smallwood have brought charges in numerous drug cases that are pending in District and Circuit courts. Guglielmi said they work on an initiative focused on the Pennsylvania Avenue corridor, and records indicate they are assigned to the Western District. It was unclear how the suspensions would affect the pending cases.
Several officers have recently faced criminal charges. Officer Robert H. Gordon, 44, and his wife were charged with stealing from an Owings Mills Wal-Mart. Robert Knotts, 24, a new recruit who was participating in field training in the Northwest District, was suspended after being charged this month with first-degree assault in Baltimore County.
Next week, Detective Terry Love Jr., 32, is scheduled to go on trial in the beating a man outside a Govans barbershop. Tommy Sanders III, 38, is set to go to trial on charges of manslaughter. He is accused of fatally shooting an unarmed man while on duty.
And this month, a police trial board recommended the firing of Officer Christopher Vallejo, 32, who in February 2008 was found guilty of assaulting a woman in Federal Hill.
Jackson said his experience was troubling but that it did not change his opinion of the Police Department.
"One bad apple doesn't spoil the bunch to me," Jackson said. "From how it's been handled ... to me, it's been very thorough, and internal affairs done an excellent job."
_________________
More Information: Update 3/25
Judge, Prosecutor, & 2 Officers Charged with Misconduct
DETROIT
A former assistant Wayne County prosecutor, two Inkster police officers and a retired Wayne County circuit judge were charged with misconduct for their roles in allegedly hiding the relationship of a police informant who was a witness in a 2005 drug trial.
Karen Plants, the assistant prosecutor who retired in November, was charged by 36th District Court Magistrate Sidney Barthwell Jr. with five counts of misconduct and one count of conspiring to commit perjury.
Barthwell charged Inkster police officers Scott Rechtzigel and Robert McArthur with two counts each of conspiring to commit perjury and one count each of misconduct.
Former Wayne County Circuit Court Judge Mary Waterstone was charged with three counts of misconduct.
All are free on $25,000 personal bonds. The perjury charges carry a sentence of up to life in prison, the misconduct charges each carry a maximum of five years in prison.
"It is a sad day because law enforcement professionals are involved as defendants," State Attorney General Mike Cox said. "Nonetheless, this case is important because the allegations here undermine the credibility of our justice system."
The defendants were flanked by six lawyers and were charged in front of a packed courtroom. Their preliminary exams are set for April 28.
Cox filed a request for charges this morning. His office investigated the case after prosecutors from four counties declined to serve as a special prosecutor. The cases are expected to be lengthy and complex.
The officers are accused of lying to conceal the role of an informant in a March 11, 2005, cocaine bust. When the case made its way to circuit court in September 2005, Waterstone is accused of knowing of the cover-up and allowing the officers to testify that the informant did not have a connection to the police.
Waterstone also signed orders banning the defendants' attorneys from access to the informant's cellular telephone records because they would have showed he talked to one of the officers.
Plants is accused of never having corrected the testimony of the officers. Although the judge was informed of the perjury, the attorneys for the defendants arrested in the bust were not told, according to the report.
Prosecutor Kym Worthy suspended Plants with pay last April after the State Attorney Grievance Commission brought a formal complaint, and Plants took an early retirement option in November. Worthy then asked the attorney general to find another prosecutor to handle the case.
Worthy came under fire for not taking action before the commission filed its complaint. Worthy has said she thought Plants' actions complied with Michigan Rules of Professional Conduct for lawyers.
A former assistant Wayne County prosecutor, two Inkster police officers and a retired Wayne County circuit judge were charged with misconduct for their roles in allegedly hiding the relationship of a police informant who was a witness in a 2005 drug trial.
Karen Plants, the assistant prosecutor who retired in November, was charged by 36th District Court Magistrate Sidney Barthwell Jr. with five counts of misconduct and one count of conspiring to commit perjury.
Barthwell charged Inkster police officers Scott Rechtzigel and Robert McArthur with two counts each of conspiring to commit perjury and one count each of misconduct.
Former Wayne County Circuit Court Judge Mary Waterstone was charged with three counts of misconduct.
All are free on $25,000 personal bonds. The perjury charges carry a sentence of up to life in prison, the misconduct charges each carry a maximum of five years in prison.
"It is a sad day because law enforcement professionals are involved as defendants," State Attorney General Mike Cox said. "Nonetheless, this case is important because the allegations here undermine the credibility of our justice system."
The defendants were flanked by six lawyers and were charged in front of a packed courtroom. Their preliminary exams are set for April 28.
Cox filed a request for charges this morning. His office investigated the case after prosecutors from four counties declined to serve as a special prosecutor. The cases are expected to be lengthy and complex.
The officers are accused of lying to conceal the role of an informant in a March 11, 2005, cocaine bust. When the case made its way to circuit court in September 2005, Waterstone is accused of knowing of the cover-up and allowing the officers to testify that the informant did not have a connection to the police.
Waterstone also signed orders banning the defendants' attorneys from access to the informant's cellular telephone records because they would have showed he talked to one of the officers.
Plants is accused of never having corrected the testimony of the officers. Although the judge was informed of the perjury, the attorneys for the defendants arrested in the bust were not told, according to the report.
Prosecutor Kym Worthy suspended Plants with pay last April after the State Attorney Grievance Commission brought a formal complaint, and Plants took an early retirement option in November. Worthy then asked the attorney general to find another prosecutor to handle the case.
Worthy came under fire for not taking action before the commission filed its complaint. Worthy has said she thought Plants' actions complied with Michigan Rules of Professional Conduct for lawyers.
Former CHP Officer Abram Carabajal Accused of Fixing Ticket for Sex
SAN DIEGO
A former California Highway Patrol officer accused of fixing a speeding ticket for a female motorist in exchange for sexual favors pleaded not guilty Tuesday to charges of perjury, conspiracy to obstruct justice and accepting a bribe.
Abram Anthony Carabajal, 51, of Oceanside, surrendered to authorities on an arrest warrant and was taken into custody after Vista Judge Marshall Hockett set bail at $50,000.
Carabajal faces up to five years and four months in prison if convicted of the felony charges, said Deputy District Attorney Jeffrey Dort.
A readiness conference was scheduled for April 6 and a preliminary hearing for April 8.
Carabajal, a 26-year veteran, resigned from the CHP during the investigation, authorities said.
The officer pulled over Shirin Zarrindej for speeding on March 12, 2008, and, at some point, developed a relationship with her, prosecutors allege.
Carabajal testified under oath last July that he was not served with a subpoena, so the speeding case against Zarrindej was dismissed, according to Paul Levikow of the District Attorney's office.
Levikow said Carabajal and Zarrindej were seen walking arm-in-arm to a room at the Guesthouse Inn in Oceanside right after the court appearance. The woman later conceded the two had sex, he said.
Zarrindej, 47, faces felony charges of subordination of perjury, giving a bribe and conspiracy to obstruct justice.
She was arrested Monday in Los Angeles, posted bail and is scheduled to make her initial court appearance on April 13.
A former California Highway Patrol officer accused of fixing a speeding ticket for a female motorist in exchange for sexual favors pleaded not guilty Tuesday to charges of perjury, conspiracy to obstruct justice and accepting a bribe.
Abram Anthony Carabajal, 51, of Oceanside, surrendered to authorities on an arrest warrant and was taken into custody after Vista Judge Marshall Hockett set bail at $50,000.
Carabajal faces up to five years and four months in prison if convicted of the felony charges, said Deputy District Attorney Jeffrey Dort.
A readiness conference was scheduled for April 6 and a preliminary hearing for April 8.
Carabajal, a 26-year veteran, resigned from the CHP during the investigation, authorities said.
The officer pulled over Shirin Zarrindej for speeding on March 12, 2008, and, at some point, developed a relationship with her, prosecutors allege.
Carabajal testified under oath last July that he was not served with a subpoena, so the speeding case against Zarrindej was dismissed, according to Paul Levikow of the District Attorney's office.
Levikow said Carabajal and Zarrindej were seen walking arm-in-arm to a room at the Guesthouse Inn in Oceanside right after the court appearance. The woman later conceded the two had sex, he said.
Zarrindej, 47, faces felony charges of subordination of perjury, giving a bribe and conspiracy to obstruct justice.
She was arrested Monday in Los Angeles, posted bail and is scheduled to make her initial court appearance on April 13.
______________________
State Police Investigation Taser Death of 15-year-old
State Police said Monday they have started an investigation into the death of a 15-year-old Tasered by Bay City police officers who were trying to break up a fight between him and another male at an apartment.
City police placed one officer on administrative leave, said Deputy Chief Thomas Pletzke.
"This is a very tragic event," said police Chief Michael Cecchini. He said his department would conduct an internal investigation into whether the officer followed policy when using the Taser.
Police didn't immediately release the teen's name, but the Bay City Times identified him as Brett Elder.
A Bay City Police news release said officers answered a report of a fight about 3:40 a.m. Sunday. Two males were arguing in an apartment, and one of them "attempted to fight the officers," the statement said.
"The male subject was then Tasered and taken into custody," it said. "Medical personnel were summoned immediately due to the subject's reactions."
He was pronounced dead at Bay Regional Medical Center.
"He was flopping around and looked like a fish out of water. That's the only way to explain it -- his whole body was bent over," Cindy Hernden, Elder's aunt, told WNEM-TV.
Hernden said Elder tried to punch one of the officers, but she said the use of a Taser was excessive, contending her nephew already was in handcuffs. Pletzke disputed the statement, saying Elder was not handcuffed when he was hit with the Taser.
An autopsy was planned Monday, but tests for alcohol and drugs were expected to take several days.
Police said they arrested a relative of the teen at the hospital on accusations of assaulting a police officer there and of resisting and obstructing police. Charges were expected Monday.
Elder had been attending Wenona High School, an alternative school, for about three weeks. He attended Bay City Central High School earlier this school year.
"He was a pleasant enough young man," Wenona Principal Jerry Lombardo said.
____________________
More Information: http://abclocal.go.com/wjrt/story?section=news/local&id=6726247
City police placed one officer on administrative leave, said Deputy Chief Thomas Pletzke.
"This is a very tragic event," said police Chief Michael Cecchini. He said his department would conduct an internal investigation into whether the officer followed policy when using the Taser.
Police didn't immediately release the teen's name, but the Bay City Times identified him as Brett Elder.
A Bay City Police news release said officers answered a report of a fight about 3:40 a.m. Sunday. Two males were arguing in an apartment, and one of them "attempted to fight the officers," the statement said.
"The male subject was then Tasered and taken into custody," it said. "Medical personnel were summoned immediately due to the subject's reactions."
He was pronounced dead at Bay Regional Medical Center.
"He was flopping around and looked like a fish out of water. That's the only way to explain it -- his whole body was bent over," Cindy Hernden, Elder's aunt, told WNEM-TV.
Hernden said Elder tried to punch one of the officers, but she said the use of a Taser was excessive, contending her nephew already was in handcuffs. Pletzke disputed the statement, saying Elder was not handcuffed when he was hit with the Taser.
An autopsy was planned Monday, but tests for alcohol and drugs were expected to take several days.
Police said they arrested a relative of the teen at the hospital on accusations of assaulting a police officer there and of resisting and obstructing police. Charges were expected Monday.
Elder had been attending Wenona High School, an alternative school, for about three weeks. He attended Bay City Central High School earlier this school year.
"He was a pleasant enough young man," Wenona Principal Jerry Lombardo said.
____________________
More Information: http://abclocal.go.com/wjrt/story?section=news/local&id=6726247
Officer Michael Furlow Arrested for DWI
LUBBOCK, TEXAS
A Lubbock Police officer is on paid administrative leave, following his arrest for driving while intoxicated Friday night.
According to Capt. Greg Stevens, Lubbock Police responded to a call of a one vehicle accident in the 6500 block of the west frontage road of Interstate Highway 27, in which a black Ford pickup had struck a guardrail.
Upon their arrival, responding officers identified the driver as off-duty Lubbock Police officer Michael Furlow. Officers determined that probable cause indicating that Furlow was intoxicated existed. He was arrested for Driving While Intoxicated and taken to the Lubbock County Sheriff's Office jail.
The on-duty LPD Shift Commander immediately placed Furlow on Administrative Leave after his arrest.
On Monday, March 23, 2009, the Chief of Police ordered an Internal Affairs investigation into Furlow's arrest. He remains on paid Administrative Leave as the matter is being investigated.
Furlow started with the department on February 6, 1989. The traffic accident involved only Furlow's vehicle and no injuries.
_______________
http://www.myfoxlubbock.com/myfox/pages/News/Detail?contentId=8385906&version=3&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
A Lubbock Police officer is on paid administrative leave, following his arrest for driving while intoxicated Friday night.
According to Capt. Greg Stevens, Lubbock Police responded to a call of a one vehicle accident in the 6500 block of the west frontage road of Interstate Highway 27, in which a black Ford pickup had struck a guardrail.
Upon their arrival, responding officers identified the driver as off-duty Lubbock Police officer Michael Furlow. Officers determined that probable cause indicating that Furlow was intoxicated existed. He was arrested for Driving While Intoxicated and taken to the Lubbock County Sheriff's Office jail.
The on-duty LPD Shift Commander immediately placed Furlow on Administrative Leave after his arrest.
On Monday, March 23, 2009, the Chief of Police ordered an Internal Affairs investigation into Furlow's arrest. He remains on paid Administrative Leave as the matter is being investigated.
Furlow started with the department on February 6, 1989. The traffic accident involved only Furlow's vehicle and no injuries.
_______________
http://www.myfoxlubbock.com/myfox/pages/News/Detail?contentId=8385906&version=3&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
Three Chicago Officers Accused of Aggravated Battery
CHICAGO
Prosecutors accused three Chicago police officers of beating and covering up instead of serving and protecting as their trial got under way in Cook County Circuit Court.
The three officers, who were off-duty at the time, are accused of attacking two brothers while they played pool with friends. The fight was caught on tape by surveillance cameras at the Jefferson Tap & Grille.
Assistant State's Attorney LuAnn Snow on Monday said the two victims kept asking what was going on as they were attacked. However, defense attorneys said it was Barry and Aaron Gilfand who were the aggressors in the brawl.
Officers Paul Powers, Gregory Barnes and Sgt. Jeffery Planey are charged with aggravated battery. Planey is also accused of official misconduct.
___
Information from: Chicago Sun-Times, http://www.suntimes.com/index
Other Information: http://www.chicagotribune.com/news/local/chi-cops-beating-jefferson-tapmar24,0,5641098.story
Prosecutors accused three Chicago police officers of beating and covering up instead of serving and protecting as their trial got under way in Cook County Circuit Court.
The three officers, who were off-duty at the time, are accused of attacking two brothers while they played pool with friends. The fight was caught on tape by surveillance cameras at the Jefferson Tap & Grille.
Assistant State's Attorney LuAnn Snow on Monday said the two victims kept asking what was going on as they were attacked. However, defense attorneys said it was Barry and Aaron Gilfand who were the aggressors in the brawl.
Officers Paul Powers, Gregory Barnes and Sgt. Jeffery Planey are charged with aggravated battery. Planey is also accused of official misconduct.
___
Information from: Chicago Sun-Times, http://www.suntimes.com/index
Other Information: http://www.chicagotribune.com/news/local/chi-cops-beating-jefferson-tapmar24,0,5641098.story
Monday, March 23, 2009
Did these Officers Deserve What They Got?
The deaths of four Oakland police officers gunned down in the line of duty Saturday afternoon are undisputable, immutable, irrevocable proof of the chaotic level of predatory violence on the streets of this city.
Even as crime dipped in the first three months of the year, gun violence has continued largely unabated - and now it has claimed the lives of four police officers.
The shootings of Sgt. Mark Dunakin and Officer John Hege during a seemingly routine traffic stop in East Oakland, and Sgts. Daniel Sakai and Ervin Romans two hours later as they burst into an apartment looking for the killer, will have lasting repercussions for a city already regarded as one of the most violent in the country.
It can't help but worsen already sky-high tensions between police and people who live in the city's toughest neighborhoods. Officers will be more wary than ever in dealing with everyday confrontations and routine incidents, like traffic stops - and that raises the danger level for everyone involved.
In recognition of the pressure, grief and chaos created by the shootings, every Oakland officer on duty at the time was given Sunday off to be with family and friends and come to terms with their frustration and anger.
Unfortunately, that anger is sure to be ratcheted up by anti-police rumblings that have followed the shootings.
By late afternoon Saturday, a group of about 50 people lined 73rd Avenue, a block from where Dunakin and Hege were shot. Some shouted obscenities aimed at police. Others said the officers' deaths were retribution for the fatal shooting of Oscar Grant, the unarmed Hayward man killed by a BART police officer on an Oakland train platform New Year's Day. Shouts of, "They had it comin!' " were heard in the crowd.
Uhuru House, an activist group that dates back to the 1970s, held an East Oakland rally at which some members said the killings were a foreseeable reaction to years of police brutality in disenfranchised communities.
If the members of Uhuru House and the so-called activists who took to the streets of Oakland in January to protest the Grant shooting have any real notion of what social justice means, they will surely stand with the community now in denouncing Saturday's killings.
Otherwise, nothing they have said or done to seek justice for Grant will amount to a hill of beans.
If an infinitesimal segment of the city's population lacks the maturity or compassion to mourn the loss of any human life - including those of police officers who risk their lives for ours - I say it's time for decent folks, us "99 percenters," to show them how we feel.
City officials are asking all residents to attend a candlelight vigil at 6 p.m. Tuesday at 74th Avenue and MacArthur Boulevard, where the first act of Saturday's tragedy played out. That's a proper sentiment, but it's not enough.
If the killings of four Oakland police officers don't evoke moral outrage in every single resident in this city, then I fear we may be too far gone to fight back.
The city should declare an official day of mourning and ask residents to wear a black armband - and put a badge on it - so everyone knows where we stand.
In the city's most troubled communities, it's clearer than ever that the fear of retaliatory violence has cowed law-abiding citizens and left the police standing alone against the bad guys.
It's time for every Oakland resident who can lift a sign, shout a slogan - or use a pair of binoculars in a neighborhood watch program - to do so. Because if we don't all come together to put an end this madness, what happened Saturday may turn out to be not just one of the worst days in Oakland's history, but a sad harbinger of its future.
_______________________
This article appeared on page A - 11 of the San Francisco Chronicle
Even as crime dipped in the first three months of the year, gun violence has continued largely unabated - and now it has claimed the lives of four police officers.
The shootings of Sgt. Mark Dunakin and Officer John Hege during a seemingly routine traffic stop in East Oakland, and Sgts. Daniel Sakai and Ervin Romans two hours later as they burst into an apartment looking for the killer, will have lasting repercussions for a city already regarded as one of the most violent in the country.
It can't help but worsen already sky-high tensions between police and people who live in the city's toughest neighborhoods. Officers will be more wary than ever in dealing with everyday confrontations and routine incidents, like traffic stops - and that raises the danger level for everyone involved.
In recognition of the pressure, grief and chaos created by the shootings, every Oakland officer on duty at the time was given Sunday off to be with family and friends and come to terms with their frustration and anger.
Unfortunately, that anger is sure to be ratcheted up by anti-police rumblings that have followed the shootings.
By late afternoon Saturday, a group of about 50 people lined 73rd Avenue, a block from where Dunakin and Hege were shot. Some shouted obscenities aimed at police. Others said the officers' deaths were retribution for the fatal shooting of Oscar Grant, the unarmed Hayward man killed by a BART police officer on an Oakland train platform New Year's Day. Shouts of, "They had it comin!' " were heard in the crowd.
Uhuru House, an activist group that dates back to the 1970s, held an East Oakland rally at which some members said the killings were a foreseeable reaction to years of police brutality in disenfranchised communities.
If the members of Uhuru House and the so-called activists who took to the streets of Oakland in January to protest the Grant shooting have any real notion of what social justice means, they will surely stand with the community now in denouncing Saturday's killings.
Otherwise, nothing they have said or done to seek justice for Grant will amount to a hill of beans.
If an infinitesimal segment of the city's population lacks the maturity or compassion to mourn the loss of any human life - including those of police officers who risk their lives for ours - I say it's time for decent folks, us "99 percenters," to show them how we feel.
City officials are asking all residents to attend a candlelight vigil at 6 p.m. Tuesday at 74th Avenue and MacArthur Boulevard, where the first act of Saturday's tragedy played out. That's a proper sentiment, but it's not enough.
If the killings of four Oakland police officers don't evoke moral outrage in every single resident in this city, then I fear we may be too far gone to fight back.
The city should declare an official day of mourning and ask residents to wear a black armband - and put a badge on it - so everyone knows where we stand.
In the city's most troubled communities, it's clearer than ever that the fear of retaliatory violence has cowed law-abiding citizens and left the police standing alone against the bad guys.
It's time for every Oakland resident who can lift a sign, shout a slogan - or use a pair of binoculars in a neighborhood watch program - to do so. Because if we don't all come together to put an end this madness, what happened Saturday may turn out to be not just one of the worst days in Oakland's history, but a sad harbinger of its future.
_______________________
This article appeared on page A - 11 of the San Francisco Chronicle
Hutchinson Police Being Investigated for Police Brutality
Allegations of police brutality lead to an investigation of the Hutchinson Police Department.
A Hutch man says he was kicked several times by an officer during an arrest. He's hoping dash cam video of the incident leads to disciplinary action.
Tony White re-enacts his arrest by Hutchinson Police after he crashed his motorcycle last year. White admits he was drunk. His blood alcohol level was .33 and he pled guilty to DUI. That's not what he's disputing. He says the officers used unnecessary force.
"The last thing I remember is an officer saying, 'choke him out, choke him out', and then I passed out," said White.
This is what the incident looks like on police dash cam video. White is in the garage on the left.
"I'm already down and out. What am I going to do? I'm not fighting back," he said.
White admits his allegations are hard to see on tape. He says one of the officers continually kicks him. Despite being intoxicated, he says he was not resisting arrest, but there's no sound on the tape to back that up. What you can see are the injuries to his face when officers lead him out of the garage to the patrol cars. White says he had a deep cut over his eye and bruising on his side.
White wants an investigation into the incident. Hutch Police say they've done a preliminary investigation and have turned it over to the Kansas Bureau of Investigation.
In the mean time, White says he'll keep pushing until someone admits wrong doing.
"I knew I screwed up. I'm a man. I can take it," said White. "I did my time. I paid my fines. I think they need to do the same before they hurt anyone else."
White is looking for an attorney to take his case but so far hasn't been able to get one. He believes no one will represent him out of fear of taking on a police department. Other attorneys have said no because they say the video is inconclusive.
___________
http://www.kansascw.com
A Hutch man says he was kicked several times by an officer during an arrest. He's hoping dash cam video of the incident leads to disciplinary action.
Tony White re-enacts his arrest by Hutchinson Police after he crashed his motorcycle last year. White admits he was drunk. His blood alcohol level was .33 and he pled guilty to DUI. That's not what he's disputing. He says the officers used unnecessary force.
"The last thing I remember is an officer saying, 'choke him out, choke him out', and then I passed out," said White.
This is what the incident looks like on police dash cam video. White is in the garage on the left.
"I'm already down and out. What am I going to do? I'm not fighting back," he said.
White admits his allegations are hard to see on tape. He says one of the officers continually kicks him. Despite being intoxicated, he says he was not resisting arrest, but there's no sound on the tape to back that up. What you can see are the injuries to his face when officers lead him out of the garage to the patrol cars. White says he had a deep cut over his eye and bruising on his side.
White wants an investigation into the incident. Hutch Police say they've done a preliminary investigation and have turned it over to the Kansas Bureau of Investigation.
In the mean time, White says he'll keep pushing until someone admits wrong doing.
"I knew I screwed up. I'm a man. I can take it," said White. "I did my time. I paid my fines. I think they need to do the same before they hurt anyone else."
White is looking for an attorney to take his case but so far hasn't been able to get one. He believes no one will represent him out of fear of taking on a police department. Other attorneys have said no because they say the video is inconclusive.
___________
http://www.kansascw.com
Deputy Lt. Hayes Caddou Arrested for Battery
A ranking Assumption Sheriff’s deputy was arrested Monday night on battery charges stemming from a downtown bar fight last month, police said.
Less than two weeks ago, Thibodaux Police Chief Craig Melancon said he believed Lt. Hayes Caddou had not committed any crimes during a Feb. 2 bar fight at Last Call on West Third Street, in which several people claimed they were hit with pepper spray. Caddou was off-duty at the time of the alleged incident.
A subsequent investigation performed by the Lafourche District Attorney’s Office at Melancon’s request came to a different conclusion, however.
Caddou, 27, of 101 Alida Drive, Napoleonville, surrendered to authorities at the Thibodaux Police station, after a warrant was issued for his arrest on five counts of simple battery.
He was booked on the misdemeanor charges at the police station on Canal Boulevard and later released on a $500 personal recognizance bond.
Details on the crimes Caddou is accused of committing were not immediately available.
Neither Melancon nor Lafourche District Attorney Cam Morvant II returned multiple calls this evening.
Video footage from Last Call showed Caddou did not start a fight inside the bar around closing time on Feb. 2, Melancon said March 12.
The video failed to decisively answer who shot pepper spray into the crowd, Melancon added. At least three people received medical attention from paramedics on the scene.
Police investigators were unable to locate any witnesses or victims, making the process of determining a suspect difficult, Melancon said.
Caddou told officers on the scene that he did not start the fight. At the request of his attorney, he later refused to provide a statement to police about the incident.
Caddou serves as a narcotics detective for the Assumption Sheriff’s Office. Last year, he briefly served as the assistant warden of the Assumption jail.
It is unknown what effect this arrest will have on his job, if any.
Assumption Sheriff Mike Waguespack did not return multiple calls this evening seeking comment.
______________________________
http://www.houmatoday.com/article/20090324/ARTICLES/903241007/-1/SPORTS16?Title=February-brawl-results-in-cop-s-arrest
Less than two weeks ago, Thibodaux Police Chief Craig Melancon said he believed Lt. Hayes Caddou had not committed any crimes during a Feb. 2 bar fight at Last Call on West Third Street, in which several people claimed they were hit with pepper spray. Caddou was off-duty at the time of the alleged incident.
A subsequent investigation performed by the Lafourche District Attorney’s Office at Melancon’s request came to a different conclusion, however.
Caddou, 27, of 101 Alida Drive, Napoleonville, surrendered to authorities at the Thibodaux Police station, after a warrant was issued for his arrest on five counts of simple battery.
He was booked on the misdemeanor charges at the police station on Canal Boulevard and later released on a $500 personal recognizance bond.
Details on the crimes Caddou is accused of committing were not immediately available.
Neither Melancon nor Lafourche District Attorney Cam Morvant II returned multiple calls this evening.
Video footage from Last Call showed Caddou did not start a fight inside the bar around closing time on Feb. 2, Melancon said March 12.
The video failed to decisively answer who shot pepper spray into the crowd, Melancon added. At least three people received medical attention from paramedics on the scene.
Police investigators were unable to locate any witnesses or victims, making the process of determining a suspect difficult, Melancon said.
Caddou told officers on the scene that he did not start the fight. At the request of his attorney, he later refused to provide a statement to police about the incident.
Caddou serves as a narcotics detective for the Assumption Sheriff’s Office. Last year, he briefly served as the assistant warden of the Assumption jail.
It is unknown what effect this arrest will have on his job, if any.
Assumption Sheriff Mike Waguespack did not return multiple calls this evening seeking comment.
______________________________
http://www.houmatoday.com/article/20090324/ARTICLES/903241007/-1/SPORTS16?Title=February-brawl-results-in-cop-s-arrest
Judge Allows Class Action Civil Suit Against Strip Searches
A federal judge has granted class action status to two categories of people in a civil suit that claims officers at Baltimore's Central Booking and Intake Center regularly and illegally detained certain arrestees too long and strip-searched people without cause.
The ruling, issued Thursday in U.S. District Court in Baltimore, opens the door for tens of thousands of people processed from May 2002 through April 2008 to join the suit, which seeks unspecified monetary damages. Central booking processes everyone arrested within city limits.
Class action status means "everything" to the success of the case, attorney William Claiborne said.
"Most of these cases are difficult to try. It's difficult for an individual to get a lawyer, it's difficult for an individual to persuade a jury that he's telling the truth," he said. "But when you have 50 or 60 or 100,000 people coming in, it changes the balance, it really changes the balance of power. It's like having a union."
Lawyers at the Maryland attorney general's office, which represents officials at the intake facility, were reviewing the opinion Friday and were unable to comment. Central Booking officials have denied any wrongdoing in court papers.
Strip searches are supposed to take place only under certain circumstances, yet Claiborne's case is one of a growing number of federal lawsuits alleging that unconstitutional strip searches by Maryland law enforcement officials are routine. A Baltimore man recently filed a civil suit alleging that a city police officer cavity-searched him on the sidewalk without cause, and a group of young women are suing Harford County officers with similar allegations.
This month, state Sen. James Brochin of Baltimore County filed a bill that offers specific strip-search guidelines in response to a Baltimore Sun article that related the experience of Rosemary Munyiri, a nurse who was arrested and strip-searched at Central Booking after a traffic stop.
The bill would prohibit officers from conducting strip searches on people arrested under certain circumstances or for certain minor offenses, allowing exceptions "if the officer has a reasonable suspicion" that certain contraband is being concealed, as the Maryland Court of Special Appeals has deemed appropriate. The bill would also establish rules for strip-search procedure.
A hearing on the bill is scheduled before the Senate Judicial Proceedings Committee tomorrow.
The suit Claiborne and his co-counsel filed began with nine people who claim they were treated improperly at Central Booking. They sought class action categories for:
•Those detained for more than 48 hours without having been brought before a commissioner, which is prohibited.
•People arrested for minor, nondrug, nonviolent offenses and strip-searched before they were brought before a commissioner.
•Those who weren't strip-searched privately.
•And male arrestees who were searched to their underwear when female detainees were not.
The latter two categories were denied class action status by U.S. District Judge Catherine C. Blake.
The ruling, issued Thursday in U.S. District Court in Baltimore, opens the door for tens of thousands of people processed from May 2002 through April 2008 to join the suit, which seeks unspecified monetary damages. Central booking processes everyone arrested within city limits.
Class action status means "everything" to the success of the case, attorney William Claiborne said.
"Most of these cases are difficult to try. It's difficult for an individual to get a lawyer, it's difficult for an individual to persuade a jury that he's telling the truth," he said. "But when you have 50 or 60 or 100,000 people coming in, it changes the balance, it really changes the balance of power. It's like having a union."
Lawyers at the Maryland attorney general's office, which represents officials at the intake facility, were reviewing the opinion Friday and were unable to comment. Central Booking officials have denied any wrongdoing in court papers.
Strip searches are supposed to take place only under certain circumstances, yet Claiborne's case is one of a growing number of federal lawsuits alleging that unconstitutional strip searches by Maryland law enforcement officials are routine. A Baltimore man recently filed a civil suit alleging that a city police officer cavity-searched him on the sidewalk without cause, and a group of young women are suing Harford County officers with similar allegations.
This month, state Sen. James Brochin of Baltimore County filed a bill that offers specific strip-search guidelines in response to a Baltimore Sun article that related the experience of Rosemary Munyiri, a nurse who was arrested and strip-searched at Central Booking after a traffic stop.
The bill would prohibit officers from conducting strip searches on people arrested under certain circumstances or for certain minor offenses, allowing exceptions "if the officer has a reasonable suspicion" that certain contraband is being concealed, as the Maryland Court of Special Appeals has deemed appropriate. The bill would also establish rules for strip-search procedure.
A hearing on the bill is scheduled before the Senate Judicial Proceedings Committee tomorrow.
The suit Claiborne and his co-counsel filed began with nine people who claim they were treated improperly at Central Booking. They sought class action categories for:
•Those detained for more than 48 hours without having been brought before a commissioner, which is prohibited.
•People arrested for minor, nondrug, nonviolent offenses and strip-searched before they were brought before a commissioner.
•Those who weren't strip-searched privately.
•And male arrestees who were searched to their underwear when female detainees were not.
The latter two categories were denied class action status by U.S. District Judge Catherine C. Blake.
Former Officer Pedro Martinez Back in Court on Rape Charges
A 20-year city police officer was ordered held on $250,000 cash or surety after he pleaded innocent Monday to 25 counts of sexual crimes involving three victims, including two of his biological daughters.
Assistant District Attorney John Compton had asked for bail of $250,000 cash, with no surety option, saying Pedro J. Martinez faces such long sentences if convicted that he has an incentive to flee.
Raipher D. Pellegrino, Martinez's lawyer, asked that he remain free on the $25,000 bail set in District Court when Martinez was arraigned on three counts of forcible rape of a child and three counts of incest.
"He maintains his innocence," Pellegrino said.
Hampden Superior Court Judge Bertha D. Josephson said that the court must make bail decisions on the likelihood of a defendant to appear in court if released on bail, and added the surety option to Compton's request.
If Martinez is released he will be on electronic monitoring with a zero curfew as he has been since release on bail on the District Court charges, and he must have no contact with the victims.
A pre-trial hearing will be held July 21.
Outside the courtroom after the arraignment, Springfield police Special Victims Unit Lt. Cheryl C. Clapprood said the investigation was very difficult in part because "we have known him for so long."
She said that the man before the court Monday is not the man fellow officers thought they knew.
Clapprood said she was not sure whether there would be any more victims coming forward, but she expects there will be more evidence. The third victim is a female who lived in Martinez' house for a time, she said.
She said the investigation encompasses events as far back as 1985.
_________________
More Information & Video: http://www.cbs3springfield.com/news/local/41710282.html
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-pedro-martinez-arrested-for.html
Assistant District Attorney John Compton had asked for bail of $250,000 cash, with no surety option, saying Pedro J. Martinez faces such long sentences if convicted that he has an incentive to flee.
Raipher D. Pellegrino, Martinez's lawyer, asked that he remain free on the $25,000 bail set in District Court when Martinez was arraigned on three counts of forcible rape of a child and three counts of incest.
"He maintains his innocence," Pellegrino said.
Hampden Superior Court Judge Bertha D. Josephson said that the court must make bail decisions on the likelihood of a defendant to appear in court if released on bail, and added the surety option to Compton's request.
If Martinez is released he will be on electronic monitoring with a zero curfew as he has been since release on bail on the District Court charges, and he must have no contact with the victims.
A pre-trial hearing will be held July 21.
Outside the courtroom after the arraignment, Springfield police Special Victims Unit Lt. Cheryl C. Clapprood said the investigation was very difficult in part because "we have known him for so long."
She said that the man before the court Monday is not the man fellow officers thought they knew.
Clapprood said she was not sure whether there would be any more victims coming forward, but she expects there will be more evidence. The third victim is a female who lived in Martinez' house for a time, she said.
She said the investigation encompasses events as far back as 1985.
_________________
More Information & Video: http://www.cbs3springfield.com/news/local/41710282.html
Previous Post: http://whathappenedtoprotectandserve.blogspot.com/2009/02/officer-pedro-martinez-arrested-for.html
Trial Begins for Former Officer Malik Snell Accused of Robbery
He drove a Dodge Intrepid tricked out like a police narcotics unit undercover car, with tinted windows, lights, sirens, a police radio console, and a screen that separated the front and back seats.
He had his gun.
And, more important, he had his badge.
Those, federal prosecutors say, were the tools of the trade for rogue Philadelphia cop Malik Snell as he targeted suspected narcotics dealers, pulled them over, and stole their cash or their drugs.
Snell, who has pleaded not guilty to charges of conspiracy, robbery, and witness retaliation, is to go on trial today in U.S. District Court. In October, a trial on some of the charges ended with a hung jury.
An 11-year veteran of the Police Department who was assigned to the 18th District in West Philadelphia, Snell, 36, was fired last year after his arrest in a Pottstown home-invasion case. Two superseding federal indictments have expanded the charges against him.
Among other things, he is now accused of robbing one of the biggest drug kingpins in South Philadelphia and later threatening to kill him because he was cooperating.
The kingpin, Ricardo McKendrick Jr., is expected to be called as a witness for the prosecution.
McKendrick, according to motions filed in the case, has alleged that he was stopped by Snell on Dec. 14, 2007, near Water and Dickinson Streets in South Philadelphia.
Snell, driving the Dodge Intrepid, flashed the car's lights and signaled for McKendrick, who was driving a minivan, to pull over.
Federal prosecutors allege that Snell "removed him from the [minivan] and placed him in handcuffs. . . . Snell then searched the [minivan] and took a diaper bag from the back of the van which contained $40,000 in drug proceeds.
"He put the diaper bag in the trunk of the Intrepid and left [McKendrick] handcuffed and unable to leave," according to a motion filed by Assistant U.S. Attorneys Kathy A. Stark and Leo R. Tsao, the prosecutors in the case.
Snell was arrested three days later in connection with an unrelated home invasion in Pottstown. Two men, including his brother-in-law, were charged with breaking into a house where they believed drug money was stashed.
Authorities allege that Snell drove the men to Pottstown and waited outside during the break-in. He and his brother-in-law were arrested after a high-speed police chase, just outside the Montgomery County borough.
Both the brother-in-law, Tyree Aimes, and a second defendant pleaded guilty before trial. Snell's trial ended with a hung jury.
Federal prosecutors, apparently using information supplied by McKendrick and others, have since expanded the charges against Snell. He is being held without bail in the Federal Detention Center on Arch Street.
In the new trial, prosecutors hope to use Aimes' account of other incidents to undermine Snell's assertion that he was an unwitting accomplice, unaware that a robbery was planned on the night of the home invasion.
Snell's attorney, John McMahon of Norristown, has declined to comment about specifics of the case. He is expected to attack the credibility of several government witnesses who come from the drug underworld.
Aimes, according to one prosecution document, has talked about other encounters in which, he says, Snell targeted drug dealers.
Aimes has said that before the Pottstown home invasion, Snell used him to stake out two houses in Philadelphia where narcotics trafficking was allegedly taking place.
After showing him the Intrepid, which Snell allegedly said came from "a friend in the narcotics unit," Aimes said, Snell told him, "I have a job to do" at one of the suspected drug houses.
One house was off the corner of D Street and Allegheny Avenue, and the other was on Callowhill Street between 63d and 64th Streets, according to documents.
Aimes said Snell told him the house on Callowhill was frequently used by a Jamaican marijuana dealer. Aimes said he was watching when Snell, driving the Intrepid, pulled over a woman who had come from the house carrying a bag. The woman was driving a Chevy Malibu, he said.
"Snell pulled the Intrepid out behind her, activated the police lights and pulled the Malibu over," according to a prosecution motion that outlines Aimes' account.
About two hours later, Aimes said, Snell came to his home and gave him a pound of marijuana.
"He told him he had gotten ten pounds of weed from the car stop," according to the motion.
Aimes told authorities that he staked out the house off Allegheny Avenue several times for Snell, but that nothing occurred there.
About the same time, Aimes said, he learned about drug money being stashed in a house in Pottstown and told Snell he "had a job" there.
Snell, he said, agreed to participate.
The Callowhill Street incident is not part of the current indictment, but prosecutors hope to use testimony about it to establish a pattern of criminal activity by Snell.
The charges in the case include the Pottstown home invasion, the robbery of $40,000 from McKendrick, and allegations that Snell later threatened to kill McKendrick and another suspected witness.
McKendrick's father, Ricardo McKendrick Sr., is a former member of the Black Mafia and a longtime Philadelphia drug trafficker, according to investigators who have described the duo as "suppliers to the suppliers" and key players in the Philadelphia drug underworld.
The McKendricks were arrested in April after members of an FBI-Philadelphia Police Department Violent Gang and Drug Task Force raided their South Philadelphia rowhouse.
Authorities found more than 600 pounds of cocaine valued at more than $28 million in the house, in Grays Ferry. It was one of the biggest drug seizures in city history.
The FBI also found nearly $1 million in cash in the trunk of the younger McKendrick's Mercedes, which was parked in the garage of his South Jersey home.
Both McKendricks entered guilty pleas to drug charges in December. Most of the documents in the younger McKendrick's court file relating to his plea have been placed under seal.
McKendrick's decision to cooperate could have ramifications far beyond the current case against Snell. McKendrick's potential debut as a government witness has created a stir in both law enforcement and underworld circles.
Snell allegedly made the threat to "inflict bodily harm" on McKendrick on Jan. 30, shortly after news accounts raised the possibility that he might be cooperating.
Retired Judge James Weaver Arrested Again for Drunk Driving
DES MOINES, Iowa
A retired Muscatine County judge was arrested for a third time over the weekend on a drunken driving charge.
According to Iowa State Patrol officials, 56-year-old James Weaver of Blue Grass was arrested Saturday afternoon in Scott County on charges of operating while intoxicated, speeding, seat belt violation and disobeying a traffic-control device.
Weaver, who served as an associate judge from 1982 to 2004, posted $5,900 bond and was scheduled to appear in court Tuesday morning.
If convicted of a third drunken driving offense, he faces up to five years in prison and a fine of up to $7,500.
An attempt to reach Weaver on Monday morning at a number listed for the Weaver Law Office in Muscatine wasn't immediately returned.
According to the state patrol, Weaver was southbound on Highway 61 on Saturday afternoon when a trooper clocked him for speeding, saw that he failed to stop at a traffic-control device and wasn't wearing a seat belt.
The trooper caught up with Weaver at the Blue Grass exit and detected a strong odor of alcohol on the former judge's breath as well as bloodshot eyes.
Weaver failed a field sobriety test, and when he arrived at the Scott County Jail a breath test showed his blood alcohol content was 0.166, more than twice the legal limit for driving of 0.08, the patrol said.
Weaver pleaded guilty to his first drunken driving offense in November 2002 after a Scott County deputy saw his car hit a utility pole. In December 2004, he was charged with second offense drunken driving after his arrest a month earlier. In that incident, police said a caller complained that a "reckless driver" had almost caused an accident.
Around the same time, Weaver was allowed to retire from the court system with a permanent disability because he was found to suffer from major depression and alcohol abuse.
In April 2005, Weaver was sentenced on the second offense drunken driving charge. He was committed to the Iowa Department of Corrections for two years to be served at a work release center and ordered to participate in alcohol treatment.
Weaver appealed his judgment and sentence to the Iowa Court of Appeals, saying the judge in his case abused his discretion. The appeals court rejected the argument.
Corrections officials have said that Weaver was released from the work release center in the spring of 2007 after serving only 25 days. He was resentenced to one year of unsupervised probation after a district court judge heard arguments on a motion to reconsider his sentence.
Last March, the Iowa Supreme Court suspended Weaver's license to practice law based on the second drunken driving arrest and critical comments he made to the media about the judge overseeing his case. The license has been reinstated, court records showed.
__________________
http://www.kcautv.com/Global/story.asp?S=10053657
A retired Muscatine County judge was arrested for a third time over the weekend on a drunken driving charge.
According to Iowa State Patrol officials, 56-year-old James Weaver of Blue Grass was arrested Saturday afternoon in Scott County on charges of operating while intoxicated, speeding, seat belt violation and disobeying a traffic-control device.
Weaver, who served as an associate judge from 1982 to 2004, posted $5,900 bond and was scheduled to appear in court Tuesday morning.
If convicted of a third drunken driving offense, he faces up to five years in prison and a fine of up to $7,500.
An attempt to reach Weaver on Monday morning at a number listed for the Weaver Law Office in Muscatine wasn't immediately returned.
According to the state patrol, Weaver was southbound on Highway 61 on Saturday afternoon when a trooper clocked him for speeding, saw that he failed to stop at a traffic-control device and wasn't wearing a seat belt.
The trooper caught up with Weaver at the Blue Grass exit and detected a strong odor of alcohol on the former judge's breath as well as bloodshot eyes.
Weaver failed a field sobriety test, and when he arrived at the Scott County Jail a breath test showed his blood alcohol content was 0.166, more than twice the legal limit for driving of 0.08, the patrol said.
Weaver pleaded guilty to his first drunken driving offense in November 2002 after a Scott County deputy saw his car hit a utility pole. In December 2004, he was charged with second offense drunken driving after his arrest a month earlier. In that incident, police said a caller complained that a "reckless driver" had almost caused an accident.
Around the same time, Weaver was allowed to retire from the court system with a permanent disability because he was found to suffer from major depression and alcohol abuse.
In April 2005, Weaver was sentenced on the second offense drunken driving charge. He was committed to the Iowa Department of Corrections for two years to be served at a work release center and ordered to participate in alcohol treatment.
Weaver appealed his judgment and sentence to the Iowa Court of Appeals, saying the judge in his case abused his discretion. The appeals court rejected the argument.
Corrections officials have said that Weaver was released from the work release center in the spring of 2007 after serving only 25 days. He was resentenced to one year of unsupervised probation after a district court judge heard arguments on a motion to reconsider his sentence.
Last March, the Iowa Supreme Court suspended Weaver's license to practice law based on the second drunken driving arrest and critical comments he made to the media about the judge overseeing his case. The license has been reinstated, court records showed.
__________________
http://www.kcautv.com/Global/story.asp?S=10053657
Undercover Officer Richard Ramsdale Arrested for Having Cocaine in Police Car
ALAMOGORDO, N.M.
An undercover Alamogordo Department of Public Safety officer has been arrested after officers allegedly found 1.3 pounds of cocaine in his police unit.
Richard Ramsdale has served as an undercover police officer for the Alamogordo Department of Public Safety since last month, a year after he joined the department.
Before that, he served in the narcotics unit in the Otero County Sheriff's Department.
Investigators said the arrest doesn't appear to have compromised any criminal cases.
__________________
http://www.kvia.com/Global/story.asp?S=10056765
An undercover Alamogordo Department of Public Safety officer has been arrested after officers allegedly found 1.3 pounds of cocaine in his police unit.
Richard Ramsdale has served as an undercover police officer for the Alamogordo Department of Public Safety since last month, a year after he joined the department.
Before that, he served in the narcotics unit in the Otero County Sheriff's Department.
Investigators said the arrest doesn't appear to have compromised any criminal cases.
__________________
http://www.kvia.com/Global/story.asp?S=10056765
Three Aurora Officers Charged with Drunk Driving
AURORA, Ohio
Three police officers in three years, charged with drunk driving, all from the same department.
Sgt. Dirk Piggot, a 24 year veteran of the Aurora Police Department was pulled over for weaving by the State Highway Patrol on March 13th. It happened just north of Columbus.
The Mayor of Aurora, Lynn McGill, told FOX 8's Kristy Steeves that Piggot refused a breathalizer test so his driver's license was immediately suspended.
Residents in Aurora were shocked and disappointed when they heard the news. "I think it's appalling. Obviously a bad example for the citizens of the community which they serve and endangers the citizens of the community in which they serve," said Walter Crate, an Aurora resident.
Mary Allard reacted to the news by saying, "I think he should be removed from the job. He's in charge of everybody and he's supposed to make our streets safe but if he isn't doing his job".
Piggot, who was off duty at the time of his arrest, is the second Aurora police officer in three months to get stopped for an OVI.
In December 41-year-old Scott Garan was pulled over in Kent for erratic driving. Records show he refused all of the sobriety tests and was charged with OVI and criminal damaging.
Those charges came on the heels of him being named Aurora's Top OVI Enforcer at the Portage County MADD banquet in October.
The mayor says Garan ended up resigning from the police department. As for Sgt. Piggot, the mayor says right now, he's on unpaid leave.
Nadine Kotcz, who lives in Aurora, had this to say: "You can't make exceptions whether someone is a police officer or not. I think if it's something that's not right they should be treated like everyone else."
Three years ago a lieutentant was arrested for drunk driving. He's now back on basic patrol. As for Piggot, the mayor says he's just one year shy of retiring. The mayor says if Sgt. Piggot is convicted, he will be disciplined. "We don't coddle people here," said McGill.
Mayor McGill says the drunk driving arrests "gives the city, the department, and the mayor a black eye."
Mayor McGill told FOX 8 that the police officers are cautioned every day about not drinking and driving. "They know better," he said, adding, "There's no excuse, but to be a police officer, you're impared, you don't drive."
______________
Other Information: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1237797083279300.xml&coll=2
Three police officers in three years, charged with drunk driving, all from the same department.
Sgt. Dirk Piggot, a 24 year veteran of the Aurora Police Department was pulled over for weaving by the State Highway Patrol on March 13th. It happened just north of Columbus.
The Mayor of Aurora, Lynn McGill, told FOX 8's Kristy Steeves that Piggot refused a breathalizer test so his driver's license was immediately suspended.
Residents in Aurora were shocked and disappointed when they heard the news. "I think it's appalling. Obviously a bad example for the citizens of the community which they serve and endangers the citizens of the community in which they serve," said Walter Crate, an Aurora resident.
Mary Allard reacted to the news by saying, "I think he should be removed from the job. He's in charge of everybody and he's supposed to make our streets safe but if he isn't doing his job".
Piggot, who was off duty at the time of his arrest, is the second Aurora police officer in three months to get stopped for an OVI.
In December 41-year-old Scott Garan was pulled over in Kent for erratic driving. Records show he refused all of the sobriety tests and was charged with OVI and criminal damaging.
Those charges came on the heels of him being named Aurora's Top OVI Enforcer at the Portage County MADD banquet in October.
The mayor says Garan ended up resigning from the police department. As for Sgt. Piggot, the mayor says right now, he's on unpaid leave.
Nadine Kotcz, who lives in Aurora, had this to say: "You can't make exceptions whether someone is a police officer or not. I think if it's something that's not right they should be treated like everyone else."
Three years ago a lieutentant was arrested for drunk driving. He's now back on basic patrol. As for Piggot, the mayor says he's just one year shy of retiring. The mayor says if Sgt. Piggot is convicted, he will be disciplined. "We don't coddle people here," said McGill.
Mayor McGill says the drunk driving arrests "gives the city, the department, and the mayor a black eye."
Mayor McGill told FOX 8 that the police officers are cautioned every day about not drinking and driving. "They know better," he said, adding, "There's no excuse, but to be a police officer, you're impared, you don't drive."
______________
Other Information: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1237797083279300.xml&coll=2
Officer Amanda Perry Now Being Investigated for Embezzlement
FAIRFAX, Va.
Fairfax County police say an officer who was involved in a fatal crash is now under investigation for embezzlement and has resigned from the department.
Officials say 23-year-old Amanda Perry has been accused of falsifying her work time and attendance reports. Police say she had been placed on administrative duty after the February 2008 crash.
Fairfax Commonwealth's Attorney Raymond Morrogh says he has not decided whether to charge Perry.
Fairfax prosecutors had charged Perry last year with reckless driving in the crash, which killed a 33-year-old teacher's assistant. Perry was found not guilty after a September trial.
Information from: The Washington Post, http://www.washingtonpost.com
Fairfax County police say an officer who was involved in a fatal crash is now under investigation for embezzlement and has resigned from the department.
Officials say 23-year-old Amanda Perry has been accused of falsifying her work time and attendance reports. Police say she had been placed on administrative duty after the February 2008 crash.
Fairfax Commonwealth's Attorney Raymond Morrogh says he has not decided whether to charge Perry.
Fairfax prosecutors had charged Perry last year with reckless driving in the crash, which killed a 33-year-old teacher's assistant. Perry was found not guilty after a September trial.
Information from: The Washington Post, http://www.washingtonpost.com
Officer Scott Moss Accused of Assaulting Wife
SEATTLE
A Seattle police officer was accused of assaulting his wife was ordered Monday to have no contact with her.
Officer Scott Moss was booked into jail early Saturday morning for investigation of second-degree assault.
According to a police report, deputies were dispatched to the couple's Sammamish home where Moss' wife told them Moss had held her wrists during an argument and cut her hand with a kitchen knife.
Moss, who previously served as one of the department's public information officers, was also arrested in 2005 for investigation of driving under the influence.
Moss has been with the department for 15 years and was most recently assigned to the Office of Professional Accountability, but Seattle police officials said in a statement that Moss was not responsible for conducting internal investigations.
At his bail hearing Monday afternoon, a judge issued a no-contact order against Moss and instructed him not to consume alcohol.
Seattle police officials say Moss' badge and gun will be seized upon his release from jail, and he will relieved of duty and then administratively reassigned.
__________________
http://www.kirotv.com/news/18992714/detail.html
A Seattle police officer was accused of assaulting his wife was ordered Monday to have no contact with her.
Officer Scott Moss was booked into jail early Saturday morning for investigation of second-degree assault.
According to a police report, deputies were dispatched to the couple's Sammamish home where Moss' wife told them Moss had held her wrists during an argument and cut her hand with a kitchen knife.
Moss, who previously served as one of the department's public information officers, was also arrested in 2005 for investigation of driving under the influence.
Moss has been with the department for 15 years and was most recently assigned to the Office of Professional Accountability, but Seattle police officials said in a statement that Moss was not responsible for conducting internal investigations.
At his bail hearing Monday afternoon, a judge issued a no-contact order against Moss and instructed him not to consume alcohol.
Seattle police officials say Moss' badge and gun will be seized upon his release from jail, and he will relieved of duty and then administratively reassigned.
__________________
http://www.kirotv.com/news/18992714/detail.html
Sunday, March 22, 2009
Chief Michael Poulin Arrested for Domestic Violence
Milo's police chief has been arrested on a domestic assault charge.
Town Manager Jeff Gahagan confirms that Chief Michael Poulin was arrested by Piscataquis County Sheriff's Deputies on Friday night.
Gahagan isn't releasing details, but will say Poulin is on paid leave while an investigation is conducted.
Poulin was booked at the Piscataquis County Jail Friday night and was released on bail later that same night.
___________________
Video: http://www.wabi.tv/news/5223/police-chief-arrested-for-domestic-assault
Town Manager Jeff Gahagan confirms that Chief Michael Poulin was arrested by Piscataquis County Sheriff's Deputies on Friday night.
Gahagan isn't releasing details, but will say Poulin is on paid leave while an investigation is conducted.
Poulin was booked at the Piscataquis County Jail Friday night and was released on bail later that same night.
___________________
Video: http://www.wabi.tv/news/5223/police-chief-arrested-for-domestic-assault
Former Deputy LeRoy Svoboda Charged with Having Sex with Mentally Retarded Woman
A former Greeley County Sheriff's Deputy and police officer in Ord Nebraska is accused in court documents of having sex with a mentally retarded woman who later gave birth to his child.
LeRoy Svoboda was charged last week in Hall County with first-degree sexual assault, but details of the case were not released.
An affidavit filed in the case says the 67-year-old Svoboda had sex with the woman in his former residence in Ord. She gave birth to a daughter on Jan. 26, and DNA testing showed Svoboda was the father.
A psychologist says in court documents that the 28-year-old woman is vulnerable and cannot give her consent for sex.
If convicted, Svoboda faces up to 50 years in prison.
Svoboda had been in law enforcement for more than 35 years.
LeRoy Svoboda was charged last week in Hall County with first-degree sexual assault, but details of the case were not released.
An affidavit filed in the case says the 67-year-old Svoboda had sex with the woman in his former residence in Ord. She gave birth to a daughter on Jan. 26, and DNA testing showed Svoboda was the father.
A psychologist says in court documents that the 28-year-old woman is vulnerable and cannot give her consent for sex.
If convicted, Svoboda faces up to 50 years in prison.
Svoboda had been in law enforcement for more than 35 years.
Hutchinson Police Investigate 3 Officers for Excessive Force
Hutchinson police are trying to determine if three officers used excessive force on a suspect after video surfaced of his arrest.
A police car videotape shows the arrest of Anthony White, 39, in his driveway on March 9, 2008. He was stopped for driving under the influence after he wrecked his motorcycle.
The video shows White being taken and held down by officers Bryan Rodriguez and Scott Perry, who left the department in August. Sgt. David Miller is then seen entering the garage.
"He dropped down and started kicking him," White's wife, Lisa White, said of Miller. She heard the commotion in the garage and came outside to see what was happening. "And he continued it and continued it and continued it."
Anthony White obtained the video from his attorney, who received it as evidence during the municipal court proceedings in the DUI case. White made it available to The Hutchinson News after attempts to find an attorney to represent him in a possible civil suit were unsuccessful.
The newspaper then showed it to police.
"This is the first time I've seen this," Hutchinson Police Capt. Troy Hoover said Wednesday. Hoover then began making calls to initiate an internal review of the situation.
"Although the video is initially very disturbing to watch, I don't want to make a judgment of what was going on based on what you can see in a dimly lit garage," Hoover said. "But it certainly is worthy of investigation."
Anthony White said he doesn't remember being kicked but he remembers being on the ground and hearing one of the officers tell the other to "choke him out" before briefly losing consciousness. What he next remembers, White said, is being lifted from the garage floor and seeing a puddle of blood on the cement below.
White eventually was taken out of the garage in handcuffs, bleeding from a cut above his right eye. He was arrested for DUI, obstruction and refusal to submit to a breath test, and taken to the hospital.
White pleaded guilty to the DUI charge, and the other charges were dismissed. He was sentenced to two days in jail, five days' house arrest, one year of probation and a $1,000 fine.
Lisa White said when she first saw the situation she was dumbfounded.
"I thought, 'Who did he kill?' " Lisa White said. "They don't just do that. All I know is the cops are in my garage, beating the hell out of my husband, and I had no idea why."
When she was informed that police had been responding to a report of an accident and the arrest was for DUI, she was even more confused.
"When I was told it's a possible DUI, this doesn't make sense," Lisa White said.
She said her husband was not struggling or yelling back at officers. In fact, while he was on the ground, he did not appear to be moving.
On Friday, Hoover said he expected the investigators will have turned in a report to him and Police Chief Dick Heitschmidt by Monday.
If an officer is found to have used unnecessary force with a suspect, "that is something I just won't tolerate, and I know the chief won't either," Hoover said.
A police car videotape shows the arrest of Anthony White, 39, in his driveway on March 9, 2008. He was stopped for driving under the influence after he wrecked his motorcycle.
The video shows White being taken and held down by officers Bryan Rodriguez and Scott Perry, who left the department in August. Sgt. David Miller is then seen entering the garage.
"He dropped down and started kicking him," White's wife, Lisa White, said of Miller. She heard the commotion in the garage and came outside to see what was happening. "And he continued it and continued it and continued it."
Anthony White obtained the video from his attorney, who received it as evidence during the municipal court proceedings in the DUI case. White made it available to The Hutchinson News after attempts to find an attorney to represent him in a possible civil suit were unsuccessful.
The newspaper then showed it to police.
"This is the first time I've seen this," Hutchinson Police Capt. Troy Hoover said Wednesday. Hoover then began making calls to initiate an internal review of the situation.
"Although the video is initially very disturbing to watch, I don't want to make a judgment of what was going on based on what you can see in a dimly lit garage," Hoover said. "But it certainly is worthy of investigation."
Anthony White said he doesn't remember being kicked but he remembers being on the ground and hearing one of the officers tell the other to "choke him out" before briefly losing consciousness. What he next remembers, White said, is being lifted from the garage floor and seeing a puddle of blood on the cement below.
White eventually was taken out of the garage in handcuffs, bleeding from a cut above his right eye. He was arrested for DUI, obstruction and refusal to submit to a breath test, and taken to the hospital.
White pleaded guilty to the DUI charge, and the other charges were dismissed. He was sentenced to two days in jail, five days' house arrest, one year of probation and a $1,000 fine.
Lisa White said when she first saw the situation she was dumbfounded.
"I thought, 'Who did he kill?' " Lisa White said. "They don't just do that. All I know is the cops are in my garage, beating the hell out of my husband, and I had no idea why."
When she was informed that police had been responding to a report of an accident and the arrest was for DUI, she was even more confused.
"When I was told it's a possible DUI, this doesn't make sense," Lisa White said.
She said her husband was not struggling or yelling back at officers. In fact, while he was on the ground, he did not appear to be moving.
On Friday, Hoover said he expected the investigators will have turned in a report to him and Police Chief Dick Heitschmidt by Monday.
If an officer is found to have used unnecessary force with a suspect, "that is something I just won't tolerate, and I know the chief won't either," Hoover said.
______________
Subscribe to:
Posts (Atom)